[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4350 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 144
117th CONGRESS
1st Session
H. R. 4350
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 18, 2021
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2022''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into seven divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Non-Department of Defense Matters.
(6) Division F--Department of State Authorities.
(7) Division G--Global Pandemic Prevention and Biosecurity.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for AH-64E Apache
helicopters.
Sec. 112. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 113. Continuation of Soldier Enhancement Program.
Sec. 114. Strategy for the procurement of accessories for the next
generation squad weapon.
Sec. 115. Plan for ensuring sources of cannon tubes.
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Inclusion of basic and functional design in assessments
required prior to start of construction on
first ship of a shipbuilding program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Incorporation of advanced degaussing systems into DDG-51
class destroyers.
Subtitle D--Air Force Programs
Sec. 131. Contract for logistics support for VC-25B aircraft.
Sec. 132. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 133. Inventory requirements and limitations relating to certain
air refueling tanker aircraft.
Sec. 134. Minimum inventory of tactical airlift aircraft and limitation
on modification of Air National Guard
tactical airlift flying missions.
Sec. 135. Procurement authority for certain parts of the ground-based
strategic deterrent cryptographic device.
Sec. 136. Sense of Congress on Joint Surveillance Target Attack Radar
System aircraft.
Sec. 137. Limitation on availability of funds for retirement of RC-26B
aircraft.
Sec. 138. Report relating to reduction of total number of tactical
airlift aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Implementation of affordability, operational, and sustainment
cost constraints for the F-35 aircraft
program.
Sec. 142. Limitation on availability of funds for aircraft systems for
the armed overwatch program.
Sec. 143. Major weapon systems capability assessment process and
procedure review and report.
Sec. 144. Reports on exercise of waiver authority with respect to
certain aircraft ejection seats.
Sec. 145. Briefing on military type certifications for aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Duties and regional activities of the Defense Innovation
Unit.
Sec. 212. Modification of mechanisms for expedited access to technical
talent and expertise at academic
institutions to support Department of
Defense missions.
Sec. 213. Modification of mechanisms for expedited access to technical
talent and expertise at academic
institutions.
Sec. 214. Minority Institute for Defense Research.
Sec. 215. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 216. Consortium to study irregular warfare.
Sec. 217. Development and implementation of digital technologies for
survivability and lethality testing.
Sec. 218. Pilot program on the use of intermediaries to connect the
Department of Defense with technology
producers.
Sec. 219. Assessment and correction of deficiencies in the F-35
aircraft pilot breathing system.
Sec. 220. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
Sec. 221. Requirement to maintain access to category 3 subterranean
training facility.
Sec. 222. Prohibition on reduction of naval aviation testing and
evaluation capacity.
Sec. 223. Limitation on availability of funds for certain C-130
aircraft.
Sec. 224. Limitation on availability of funds for VC-25B aircraft
program pending submission of
documentation.
Sec. 225. Funding for hypersonics advanced manufacturing.
Sec. 226. Funding increase for 3D printing of infrastructure.
Sec. 227. Funding increase for cold weather capabilities.
Sec. 228. Funding for soldier lethality technology.
Sec. 229. Pilot program on data libraries for training artificial
intelligence models.
Sec. 229A. Establishment of quantum network testbed program for
Department of Air Force.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 232. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 233. Advanced propulsion system acquisition strategy for the F-35B
and F-35C aircraft.
Sec. 234. Assessment and report on airborne electronic attack
capabilities and capacity.
Sec. 235. Strategy for autonomy integration in major weapon systems.
Sec. 236. Roadmap for research and development of disruptive
manufacturing capabilities.
Sec. 237. Biennial Assessments of the Air Force Research Laboratory,
Aerospace Systems Directorate, Rocket
Propulsion Division.
Sec. 238. Report detailing compliance with disclosure requirements for
recipients of research and development
funds.
Sec. 239. Sense of Congress on the additive manufacturing and machine
learning initiative of the Army.
Sec. 240. Research security training requirement for Federal research
grant personnel.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Sec. 303. Increase in funding for civil military programs.
Subtitle B--Energy and Environment
Sec. 311. Inclusion of impacts on military installation resilience in
the National Defense Strategy and
associated documents.
Sec. 312. Modification of authorities governing cultural and
conservation activities of the Department
of Defense.
Sec. 313. Modification of authority for environmental restoration
projects of National Guard.
Sec. 314. Prohibition on use of open-air burn pits in contingency
operations outside the United States.
Sec. 315. Maintenance of current analytical tools for evaluation of
energy resilience measures.
Sec. 316. Energy efficiency targets for Department of Defense data
centers.
Sec. 317. Modification of restriction on Department of Defense
procurement of certain items containing
perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 318. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances,
polyfluoroalkyl substances, and aqueous
film forming foam.
Sec. 319. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or
polyfluoroalkyl substances or lead.
Sec. 320. PFAS testing requirements.
Sec. 321. Standards for response actions with respect to PFAS
contamination.
Sec. 322. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 323. Budget information for alternatives to burn pits.
Sec. 324. Establishment of emissions control standard operating
procedures.
Sec. 325. Long-duration demonstration initiative and joint program.
Sec. 326. Pilot program on use of sustainable aviation fuel.
Sec. 327. Joint Department of Defense and Department of Agriculture
study on bioremediation of PFAS using
mycological organic matter.
Sec. 328. Report on Air Force progress regarding contaminated real
property.
Sec. 329. Energy, water, and waste net zero requirements for
construction of new buildings.
Sec. 330. Review of agreements with non-Department entities with
respect to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 331. Inspection of piping and support infrastructure at Red Hill
Bulk Fuel Storage Facility, Hawai`i.
Sec. 332. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 333. Sense of Congress regarding electric or zero-emission
vehicles for non-combat vehicle fleet.
Sec. 334. Pilot program to test new software to track emissions at
certain military installations.
Sec. 335. Department of Defense plan to meet science-based emissions
targets.
Sec. 336. Report on clean up of contaminated Army property.
Sec. 337. Grants for maintaining or improving military installation
resilience.
Sec. 338. Inclusion of information regarding climate change in reports
on national technology and industrial base.
Sec. 339. Sense of Congress regarding report of the Intergovernmental
Panel on Climate Change.
Subtitle C--Logistics and Sustainment
Sec. 341. Mitigation of contested logistics challenges of the
Department of Defense through reduction of
operational energy demand.
Sec. 342. Global bulk fuel management and delivery.
Sec. 343. Comptroller General annual reviews of F-35 sustainment
efforts.
Sec. 344. Pilot program on biobased corrosion control and mitigation.
Sec. 345. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 346. Pilot program on implementation of mitigating actions to
address vulnerabilities to critical defense
facilities and associated defense critical
electric infrastructure.
Sec. 347. Report and certification requirements regarding sustainment
costs for F-35 aircraft program.
Sec. 348. Report on maintenance and repair of aircraft turbine engine
rotors.
Sec. 349. Briefing on Air Force plan for certain aerospace ground
equipment modernization.
Subtitle D--Risk Mitigation and Safety Improvement
Sec. 351. Treatment of notice of presumed risk issued by Military
Aviation and Installation Assurance
Clearinghouse for review of mission
obstructions.
Sec. 352. Establishment of Joint Safety Council.
Sec. 353. Mishap Investigation Review Board.
Sec. 354. Implementation of Comptroller General recommendations on
preventing tactical vehicle training
accidents.
Sec. 355. Pilot program for tactical vehicle safety data collection.
Sec. 356. Implementation of Comptroller General recommendations
relating to mitigation and prevention of
training accidents.
Subtitle E--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on missing, lost, and stolen weapons, large
amounts of ammunition, destructive devices,
and explosive material.
Sec. 363. Annual report on material readiness of Navy ships.
Sec. 364. Strategy and annual report on critical language proficiency
of special operations forces.
Sec. 365. Report and briefing on approach for certain properties
affected by noise from military flight
operations.
Sec. 366. Study on use of military resources to transport certain
individuals and effect on military
readiness.
Sec. 367. Report and briefing on Project Pele mobile nuclear
microreactors.
Subtitle F--Other Matters
Sec. 371. Budget justification for operation and maintenance.
Sec. 372. Improvements and clarifications related to military working
dogs.
Sec. 373. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 374. Authority to establish Center of Excellence for radar systems
and complementary workforce and education
programs.
Sec. 375. Pilot program on military working dog and explosives
detection canine health and excellence.
Sec. 376. Department of Defense response to military lazing incidents.
Sec. 377. Explosive ordnance disposal defense program.
Sec. 378. Pilot program on use of working dogs to detect early stages
of diseases.
Sec. 379. Study on disease prevention for military working dogs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 415. Accounting of reserve component members performing active
duty or full-time National Guard duty
towards authorized end strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Reserve Component Management
Sec. 501. Grade of certain chiefs of reserve components.
Sec. 502. Grade of Vice Chief of the National Guard Bureau.
Sec. 503. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 504. Requirement of consent of the chief executive officer for
certain full-time National Guard duty
performed in a State, Territory, or the
District of Columbia.
Sec. 505. National Guard support to major disasters; report on methods
to enhance domestic response to large
scale, complex and catastrophic disasters.
Sec. 506. Continued National Guard support for FireGuard program.
Sec. 507. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 508. Report on feasibility and advisability of including
cybersecurity operations and missions to
protect critical infrastructure by members
of the National Guard in connection with
training or other duty.
Sec. 509. Access to Tour of Duty system.
Sec. 509A. Enhancement of National Guard Youth Challenge Program.
Subtitle B--General Service Authorities and Military Records
Sec. 511. Prohibition on commissioning or enlistment in the Armed
Forces of an individual convicted of a
felony hate crime.
Sec. 512. Reduction in service commitment required for participation in
career intermission program of a military
department.
Sec. 513. Modernization of the Selective Service System.
Sec. 514. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the
military departments.
Sec. 515. Authorization of permissive temporary duty for wellness.
Sec. 516. Required staffing of administrative separation boards.
Sec. 517. Administrative separation: miscellaneous authorities and
requirements.
Sec. 518. Prohibition on algorithmic career termination.
Sec. 519. Prohibition on discipline against a member based on certain
social media.
Sec. 519A. Command oversight of military privatized housing as element
of performance evaluations.
Sec. 519B. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in
housing provided by the United States.
Sec. 519C. Seaman to Admiral-21 program: credit towards retirement.
Sec. 519D. Progress report on implementation of GAO recommendations
regarding career paths for surface warfare
officers of the Navy.
Sec. 519E. Independent assessment of retention of female surface
warfare officers.
Sec. 519F. Implementation of certain recommendations regarding use of
unmanned aircraft systems by the National
Guard.
Subtitle C--Military Justice and Other Legal Matters
Sec. 521. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 522. Commanding officer's non-judicial punishment.
Sec. 523. Selection process for members to serve on courts-martial.
Sec. 524. Petition for DNA testing under the Uniform Code of Military
Justice.
Sec. 525. Punitive article on violent extremism.
Sec. 526. Clarifications of procedure in investigations of personnel
actions taken against members of the Armed
Forces in retaliation for protected
communications.
Sec. 527. Activities to improve family violence prevention and
response.
Sec. 528. Mandatory notification of members of the Armed Forces
identified in certain records of criminal
investigations.
Sec. 529. Authority of military judges and military magistrates to
issue military court protective orders.
Sec. 529A. Countering extremism in the Armed Forces.
Sec. 529B. Reform and improvement of military criminal investigative
organizations.
Sec. 529C. Measures to improve the safety and security of members of
the Armed Forces.
Sec. 529D. Distribution of information on the availability of civilian
victim services.
Sec. 529E. Report on mandatory restitution.
Sec. 529F. Exclusion of evidence obtained without prior authorization.
Sec. 529G. Report on demographics of military police and security
forces citations.
Subtitle D--Implementation of Recommendations of the Independent Review
Commission on Sexual Assault in the Military
Sec. 531. Short title.
Part 1--Special Victim Prosecutors and Special Victim Offenses
Sec. 532. Special victim prosecutors.
Sec. 533. Department of Defense policies with respect to special victim
prosecutors and establishment of offices of
special victim prosecutors within military
departments.
Sec. 534. Definitions of military magistrate, special victim offense,
and special victim prosecutor.
Sec. 535. Clarification relating to who may convene courts-martial.
Sec. 536. Detail of trial counsel.
Sec. 537. Preliminary hearing.
Sec. 538. Advice to convening authority before referral for trial.
Sec. 539. Former jeopardy.
Sec. 539A. Plea agreements.
Sec. 539B. Determinations of impracticality of rehearing.
Sec. 539C. Punitive article on sexual harassment.
Sec. 539D. Clarification of applicability of domestic violence and
stalking to dating partners.
Sec. 539E. Effective date.
Part 2--Sentencing Reform
Sec. 539F. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539G. Report on modification of disposition authority for offenses
other than special victim offenses.
Sec. 539H. Report on implementation of certain recommendations of the
Independent Review Commission on Sexual
Assault in the Military.
Sec. 539I. Report on implementation of recommendations and other
activities to address racial, ethnic, and
gender disparities in the military justice
system.
Sec. 539J. Plan for development and management of the gender advisor
workforce.
Subtitle E--Other Sexual Assault-Related Matters
Sec. 541. Independent investigation of complaints of sexual harassment.
Sec. 542. Modification of notice to victims of pendency of further
administrative action following a
determination not to refer to trial by
court-martial.
Sec. 543. Modifications to annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 544. Civilian positions to support Special Victims' Counsel.
Sec. 545. Feasibility study on establishment of clearinghouse of
evidence-based practices to prevent sexual
assault, suicide, and other harmful
behaviors among members of the Armed Forces
and military families.
Sec. 546. Annual report regarding sexual assaults involving members of
the Army National Guard and the Air
National Guard.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Training on consequences of committing a crime in
preseparation counseling of the Transition
Assistance Program.
Sec. 552. Amendments to pathways for counseling in the Transition
Assistance Program.
Sec. 553. Participation of members of the reserve components of the
Armed Forces in the Skillbridge program.
Sec. 554. Expansion and codification of matters covered by diversity
training in the Department of Defense.
Sec. 555. Expansion of Junior Reserve Officers' Training Corps program.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. Allocation of authority for nominations to the military
service academies in the event of the
death, resignation, or expulsion from
office of a member of Congress.
Sec. 558. Votes required to call a meeting of the Board of Visitors of
a military service academy.
Sec. 559. United States Naval Community College.
Sec. 559A. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559B. Clarifications regarding scope of employment and
reemployment rights of members of the
uniformed services.
Sec. 559C. Clarification and expansion of prohibition on gender-
segregated training in the Marine Corps.
Sec. 559D. Requirement to issue regulations ensuring certain parental
guardianship rights of cadets and
midshipmen.
Sec. 559E. Defense language continuing education program.
Sec. 559F. Public-private consortium to improve professional military
education.
Sec. 559G. Standards for training of surface warfare officers and
enlisted members.
Sec. 559H. Professional military education: report; definition.
Sec. 559I. Study on training and education of members of the Armed
Forces regarding social reform and
unhealthy behaviors.
Sec. 559J. Notice program relating to options for naturalization.
Sec. 559K. Pilot program on activities under the transition assistance
program for a reduction in suicide among
veterans.
Sec. 559L. Speech disorders of cadets and midshipmen.
Sec. 559M. Requirement of involvement of representatives of military
and veterans' service organizations in the
Transition Assistance Program of the
Department of Defense.
Sec. 559N. GAO report on screenings included in the health assessment
for members separating from the Armed
Forces.
Sec. 559O. Pilot grant program to supplement the transition assistance
program of the Department of Defense.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Establishment of Exceptional Family Member Program Advisory
Council.
Sec. 562. Non-medical counseling services for military families.
Sec. 563. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 564. Clarification of qualifications for attorneys who provide
legal services to families enrolled in the
Exceptional Family Member Program.
Sec. 565. Improvements to the Exceptional Family Member Program.
Sec. 566. Portability of professional licenses of members of the
uniformed services and their spouses.
Sec. 567. Database of next of kin of deceased members of the Armed
Forces.
Sec. 568. Policy regarding remote military installations.
Sec. 569. Feasibility study on program for drop-in child care furnished
to certain military spouses at military
child development centers.
Sec. 569A. Comptroller General of the United States reports on
employment discrimination against military
spouses by civilian employers.
Sec. 569B. Report on efforts of commanders of military installations to
connect military families with local
entities that provide services to military
families.
Sec. 569C. Report on Preservation of the Force and Family Program of
United States Special Operations Command.
Sec. 569D. GAO review of Preservation of the Force and Family Program
of United States Special Operations
Command.
Sec. 569E. Continued assistance to schools with significant numbers of
military dependent students.
Sec. 569F. Verification of reporting of eligible federally connected
children for purposes of Federal impact aid
programs.
Sec. 569G. Pilot transition assistance program for military spouses.
Sec. 569H. Implementation of GAO recommendations on improved
communication of best practices to engage
military spouses with career assistance
resources.
Subtitle H--Diversity and Inclusion
Sec. 571. Information on female and minority participation in military
service academies and the Senior Reserve
Officers' Training Corps.
Sec. 572. Surveys on diversity, equity, and inclusion and annual
reports on sexual assaults and racial and
ethnic demographics in the military justice
system.
Sec. 573. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Sec. 575. GAO review of extremist affiliations and activity among
members of the Armed Forces on active duty.
Sec. 576. Reduction of gender-related inequities in costs of uniforms
to members of the armed forces.
Sec. 577. Justice for Women Veterans.
Sec. 578. Task Force on Historical and Current Barriers to African
American Participation and Equal Treatment
in the Armed Services.
Sec. 579. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 579A. GAO report on low number of Hispanic leaders in the Armed
Forces.
Sec. 579B. GAO report on low number of Hispanic cadets and midshipmen
in the military service academies.
Sec. 579C. Consideration of sexual orientation by Inspector General
when conducting review of racial disparity
in the Department of Defense.
Subtitle I--Decorations and Awards
Sec. 581. Semiannual reports regarding review of service records of
certain veterans.
Sec. 582. Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal.
Sec. 583. Establishment of the Atomic Veterans Service Medal.
Sec. 584. Authorization for award of the Medal of Honor to Marcelino
Serna for acts of valor during World War I.
Sec. 585. Rescission of Medals of Honor awarded for acts at Wounded
Knee Creek on December 29, 1890.
Sec. 586. Inclusion of Purple Heart awards on military valor website.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Command climate assessments: independent review; reports.
Sec. 592. Healthy eating in the Department of Defense.
Sec. 593. Plant-based protein pilot program of the Navy.
Sec. 594. Reports on misconduct by members of special operations
forces.
Sec. 595. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
Sec. 596. Report regarding best practices for community engagement.
Sec. 597. Improved Department of Defense prevention of and response to
bullying in the Armed Forces.
Sec. 598. Addition of element to report regarding the designation of
Explosive Ordnance Disposal Corps as a
basic branch of the Army.
Sec. 599. Military justice career track for judge advocates.
Sec. 599A. Annual report regarding cost of living for members and
employees of the Department of Defense.
Sec. 599B. Comptroller General assessment of quality and nutrition of
food available at military installations
for members of the Armed Forces.
Sec. 599C. Study and report on herbicide agent exposure in Panama Canal
Zone.
Sec. 599D. Report on Requests for Equitable Adjustment in Department of
the Navy.
Sec. 599E. GAO study on tattoo policies of the Armed Forces.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Basic needs allowance for low-income regular members.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Unreimbursed moving expenses for members of the Armed Forces:
report; policy.
Sec. 605. Report on relationship between basic allowance for housing
and sizes of military families.
Sec. 606. Report on temporary lodging expenses in competitive housing
markets.
Sec. 607. Report on rental partnership programs.
Subtitle B--Bonuses and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of parental leave for members of the Armed Forces.
Sec. 622. Transitional compensation and benefits for the former spouse
of a member of the Armed Forces who
allegedly committed a dependent-abuse
offense during marriage.
Sec. 623. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 624. Space-available travel for children, surviving spouses,
parents, and siblings of members of the
Armed Forces who die while serving in the
active military, naval, or air service.
Sec. 625. Travel and transportation allowances for family members to
attend the funeral and memorial services of
members.
Sec. 626. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home
child care.
Sec. 627. Continuation of paid parental leave for a member of the Armed
Forces upon death of child.
Sec. 628. Casualty assistance program: reform; establishment of working
group.
Subtitle D--Defense Resale Matters
Sec. 631. Additional sources of funds available for construction,
repair, improvement, and maintenance of
commissary stores.
Subtitle E--Miscellaneous Rights and Benefits
Sec. 641. Electronic or online notarization for members of the Armed
Forces.
Sec. 642. Termination of telephone, multichannel video programming, and
internet access service contracts by
servicemembers who enter into contracts
after receiving military orders for
permanent change of station but then
receive stop movement orders due to an
emergency situation.
Sec. 643. Space available travel for members of the Armed Forces to
attend funerals and memorial services.
Sec. 644. Alexander Lofgren Veterans in Parks program.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvement of postpartum care for certain members of the
Armed Forces and dependents.
Sec. 702. Eating disorders treatment for certain members of the Armed
Forces and dependents.
Sec. 703. Modifications relating to coverage of telehealth services
under TRICARE program and other matters.
Sec. 704. Modifications to pilot program on health care assistance
system.
Sec. 705. Temporary requirement for contraception coverage parity under
the TRICARE program.
Sec. 706. Availability of certain preconception and prenatal carrier
screening tests under the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization
requirements.
Sec. 712. Requirement for consultations related to military medical
research and Defense Health Agency Research
and Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the
military health system.
Sec. 714. Mandatory referral for mental health evaluation.
Sec. 715. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl
substances as component of periodic health
assessments.
Sec. 716. Prohibition on adverse personnel actions taken against
certain members of the Armed Forces based
on declining COVID-19 vaccine.
Sec. 717. Establishment of Department of Defense system to track and
record information on vaccine
administration.
Sec. 718. Authorization of provision of instruction at Uniformed
Services University of the Health Sciences
to certain Federal employees.
Sec. 719. Mandatory training on health effects of burn pits.
Sec. 720. Department of Defense procedures for exemptions from
mandatory COVID-19 vaccines.
Sec. 721. Modifications and report related to reduction or realignment
of military medical manning and medical
billets.
Sec. 722. Cross-functional team for emerging threat relating to
anomalous health incidents.
Sec. 723. Implementation of integrated product for management of
population health across military health
system.
Sec. 724. Digital health strategy of Department of Defense.
Sec. 725. Development and update of certain policies relating to
military health system and integrated
medical operations.
Sec. 726. Standardization of definitions used by the Department of
Defense for terms related to suicide.
Sec. 727. Exemption from required physical examination and mental
health assessment for certain members of
the reserve components.
Subtitle C--Reports and Other Matters
Sec. 731. Grant program for increased cooperation on post-traumatic
stress disorder research between United
States and Israel.
Sec. 732. Pilot program on cardiac screening at certain military
service academies.
Sec. 733. Pilot program on cryopreservation and storage.
Sec. 734. Pilot program on assistance for mental health appointment
scheduling at military medical treatment
facilities.
Sec. 735. Pilot program on oral rehydration solutions.
Sec. 736. Authorization of pilot program to survey access to mental
health care under military health system.
Sec. 737. Prohibition on availability of funds for research connected
to China.
Sec. 738. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 739. Independent review of suicide prevention and response at
military installations.
Sec. 740. Feasibility and advisability study on establishment of
aeromedical squadron at Joint Base Pearl
Harbor-Hickam.
Sec. 741. Plan to address findings related to access to contraception
for members of the Armed Forces.
Sec. 742. GAO biennial study on Individual Longitudinal Exposure Record
program.
Sec. 743. GAO study on exclusion of certain remarried individuals from
medical and dental coverage under TRICARE
program.
Sec. 744. Study on joint fund of the Department of Defense and the
Department of Veterans Affairs for Federal
Electronic Health Record Modernization
Office.
Sec. 745. Briefing on domestic production of critical active
pharmaceutical ingredients.
Sec. 746. Briefing on anomalous health incidents involving members of
the Armed Forces.
Sec. 747. Sense of Congress on National Warrior Call Day.
Sec. 748. Mandatory training on health effects of perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 749. Pilot program on sleep apnea among new recruits.
Sec. 750. Survey on effects of COVID-19 mandate on matters relating to
recruitment and reinlistment.
Sec. 751. Funding for pancreatic cancer research.
Sec. 752. Report on discrepancies between TRICARE program and CHAMPVA
program in certain coverage standards.
Sec. 753. Funding for rapid screening under Development of Medical
Countermeasures Against Novel Entities
program.
Sec. 754. Increased collaboration with NIH to combat triple negative
breast cancer.
Sec. 755. Funding for post-traumatic stress disorder.
Sec. 756. Report on rate of maternal mortality among members of the
Armed Forces.
Sec. 757. Sense of Congress on designation of Military Heart Health
Awareness Day.
Sec. 758. Pilot program to improve military readiness through nutrition
and wellness initiatives.
Sec. 759. Mandatory training on treatment of eating disorders.
Sec. 760. Priority for domestically sourced bovine heparin.
Sec. 761. Access to menstrual hygiene products and accommodations.
Sec. 762. Report on preconception and prenatal carrier screening tests
under TRICARE.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Special emergency reimbursement authority.
Sec. 803. Prohibition on procurement of personal protective equipment
from non-allied foreign nations.
Sec. 804. Minimum wage for employees of Department of Defense
contractors.
Sec. 805. Diversity and inclusion reporting requirements for covered
contractors.
Sec. 806. Website for certain domestic procurement waivers.
Sec. 807. Suspension or debarment referral for egregious violations of
certain domestic preference laws.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Extension of authorization for the defense civilian
acquisition workforce personnel
demonstration project.
Sec. 812. Modifications to contracts subject to cost or pricing data
certification.
Sec. 813. Office of Corrosion Policy and Oversight employee training
requirements.
Sec. 814. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 815. Extension of requirement to submit Selected Acquisition
Reports.
Sec. 816. Limitation on procurement of welded shipboard anchor and
mooring chain for naval vessels.
Sec. 817. Competition requirements for purchases from Federal Prison
Industries.
Sec. 818. Repeal of preference for fixed-price contracts.
Sec. 819. Modification to the pilot program for streamlining awards for
innovative technology projects.
Sec. 820. Other transaction authority information accessibility.
Sec. 821. Modification of enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 822. Extension and revisions to never contract with the enemy
program.
Sec. 823. Contractor lobbying restriction compliance requirement.
Subtitle C--Provisions Relating to Supply Chain Security
Sec. 831. Department of Defense research and development priorities.
Sec. 832. Defense supply chain risk assessment framework.
Sec. 833. Plan to reduce reliance on supplies and materials from
adversaries in the defense supply chain.
Sec. 834. Enhanced domestic content requirement for major defense
acquisition programs.
Sec. 835. Reduction of fluctuations of supply and demand for certain
covered items.
Sec. 836. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.
Sec. 837. Ensuring consideration of the national security impacts of
uranium as a critical mineral.
Sec. 838. Statement of policy and determination related to covered
optical transmission equipment or services.
Sec. 839. Supply of synthetic graphite for the Department of Defense.
Subtitle D--Industrial Base Matters
Sec. 841. Modification of pilot program for development of technology-
enhanced capabilities with partnership
intermediaries.
Sec. 842. Designating certain SBIR and STTR programs as entrepreneurial
innovation projects.
Sec. 843. Modifications to printed circuit board acquisition
restrictions.
Sec. 844. Defense industrial base coalition for career development.
Sec. 845. Additional testing of commercial e-commerce portal models.
Sec. 846. Support for industry participation in global standards
organizations.
Sec. 847. Pilot program on defense innovation open topics.
Sec. 848. Report on Cybersecurity Maturity Model Certification effects
on small business.
Subtitle E--Other Matters
Sec. 851. Mission management pilot program.
Sec. 852. Pilot program to determine the cost competitiveness of drop-
in fuels.
Sec. 853. Assuring integrity of overseas fuel supplies.
Sec. 854. Cadre of software development and acquisition experts.
Sec. 855. Acquisition practices and policies assessment.
Sec. 856. Report on improvements to procurement technical assistance
programs.
Sec. 857. Report on commercial item determinations.
Sec. 858. Pilot program to transition digitally secured manufacturing
technologies.
Sec. 859. Briefing on expanded small unmanned aircraft systems
capability.
Sec. 860. Waiver authorization streamlining.
Sec. 861. Modifications to Governmentwide goals for small business
concerns.
Sec. 862. Duties of small business development center counselors.
Sec. 863. Comptroller General report on mergers and acquisitions in the
defense industrial base.
Sec. 864. Exemption of certain contracts awarded to small business
concerns from category management
requirements.
Sec. 865. Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor
Standards Act of 1938.
Sec. 866. Domestically sourced alternatives.
Sec. 867. Report on duplicative information technology contracts.
Sec. 868. Reestablishment of commission on wartime contracting.
Sec. 869. Application of price evaluation preference for qualified
HUBZone small business concerns to certain
contracts.
Sec. 870. Combating trafficking in persons.
Sec. 871. Authority for the Office of Hearings and Appeals to decide
appeals relating to qualified HUBZone small
business concerns.
Sec. 872. Microloan program; definitions.
Sec. 873. Amendments to contracting authority for certain small
business concerns.
Sec. 874. Congressional oversight of private security contractor
contracts and personnel.
Sec. 875. Boots to Business Program.
Sec. 876. Protests and appeals relating to eligibility of business
concerns.
Sec. 877. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related
dollar threshold.
Sec. 878. Child care resource guide.
Sec. 879. Boots to Business Program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Modification of requirements for appointment of a person as
Secretary of Defense after relief from
active duty.
Sec. 902. Implementation of repeal of Chief Management Officer of the
Department of Defense.
Sec. 903. Designation of senior official for implementation of
Electromagnetic Spectrum Superiority
Strategy.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Clarification of treatment of Office of Local Defense
Community Cooperation as a Department of
Defense Field Activity.
Sec. 912. Use of Combatant Commander Initiative Fund for certain
environmental matters.
Sec. 913. Inclusion of explosive ordnance disposal in special
operations activities.
Sec. 914. Coordination of certain Naval activities with the Space
Force.
Sec. 915. Space Force organizational matters and modification of
certain space-related acquisition
authorities.
Sec. 916. Report on establishment of office to oversee sanctions with
respect to Chinese military companies.
Sec. 917. Independent review of and report on the Unified Command Plan.
Sec. 918. Explosive Ordnance Disposal Command.
Subtitle C--Space National Guard
Sec. 921. Establishment of Space National Guard.
Sec. 922. No effect on military installations.
Sec. 923. Implementation of Space National Guard.
Sec. 924. Conforming amendments and clarification of authorities.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Budget justification for operation and maintenance.
Sec. 1004. Revision of limitation on funding for combatant commands
through Combatant Commander Initiative
Fund.
Subtitle B--Naval Vessels
Sec. 1011. Critical components of national sea-based deterrence
vessels.
Sec. 1012. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1013. Revision of sustainment key performance parameters for
shipbuilding programs.
Sec. 1014. Prohibition on use of funds for retirement of Mark VI patrol
boats.
Sec. 1015. Assessment of security of global maritime chokepoints.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Availability of funds for retirement or inactivation of
Ticonderoga class cruisers.
Sec. 1018. Congressional notification of pending retirements of naval
vessels that are viable candidates for
artificial reefing.
Sec. 1019. Award of contracts for ship repair work to non-homeport
shipyards to meet surge capacity.
Subtitle C--Counterterrorism
Sec. 1021. Inclusion in counterterrorism briefings of information on
use of military force in collective self-
defense.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1023. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain
countries.
Sec. 1024. Public availability of military commission proceedings.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Navy coordination with Coast Guard on aircraft, weapons,
tactics, technique, organization, and
equipment of joint concern.
Sec. 1032. Prohibition on use of Navy, Marine Corps, and Space Force as
posse comitatus.
Sec. 1033. Program to improve relations between members of the Armed
Forces and military communities.
Sec. 1034. Authority to provide space and services to military welfare
societies.
Sec. 1035. Required revision of Department of Defense unmanned aircraft
systems categorization.
Sec. 1036. Limitation on funding for information operations matters.
Sec. 1037. Prohibition on provision of equipment to other departments
and agencies for protection of certain
facilities and assets from unmanned
aircraft.
Sec. 1038. Limitation on use of funds for United States Space Command
headquarters.
Sec. 1039. Limitation on contract authority to improve representation
in certain media projects involving
Department of Defense.
Sec. 1039A Limitation on retirement of LCM-8 landing craft platform.
Sec. 1039B. Consideration of human rights records of recipients of
support of special operations to combat
terrorism.
Sec. 1039C. Limitation on use of funds pending compliance with certain
statutory reporting requirements.
Subtitle E--Studies and Reports
Sec. 1041. Congressional oversight of alternative compensatory control
measures.
Sec. 1042. Comparative testing reports for certain aircraft.
Sec. 1043. Extension of reporting requirement regarding enhancement of
information sharing and coordination of
military training between Department Of
Homeland Security And Department Of
Defense.
Sec. 1044. Continuation of certain Department of Defense reporting
requirements.
Sec. 1045. Geographic combatant command risk assessment of Air Force
airborne intelligence, surveillance, and
reconnaissance modernization plan.
Sec. 1046. Biennial assessments of Air Force Test Center.
Sec. 1047. Comparative study on .338 Norma Magnum platform.
Sec. 1048. Comptroller General report on aging Department of Defense
equipment.
Sec. 1049. Report on acquisition, delivery, and use of mobility assets
that enable implementation of expeditionary
advanced base operations.
Sec. 1050. Force posture in the Indo-Pacific region.
Sec. 1051. Assessment of United States military infrastructure in Diego
Garcia, British Indian Ocean Territory.
Sec. 1052. Report on 2019 World Military Games.
Sec. 1053. Reports and briefings regarding oversight of Afghanistan.
Sec. 1054. Report and briefing on United States equipment, property,
and classified material that was destroyed,
surrendered, and abandoned in the
withdrawal from Afghanistan.
Sec. 1055. Report on defense utility of United States territories and
possessions.
Sec. 1056. Report on Coast Guard explosive ordnance disposal.
Sec. 1057. Independent assessment with respect to the Arctic region.
Sec. 1058. Annual report and briefing on Global Force Management
Allocation Plan.
Sec. 1059. Report on World War I and Korean War era Superfund
facilities.
Sec. 1060. Briefing on electric autonomous shuttles on military
installations.
Sec. 1061. Updated review and enhancement of existing authorities for
using Air Force and Air National Guard
modular airborne fire-fighting systems and
other Department of Defense assets to fight
wildfires.
Sec. 1062. Annual report on use of social media by foreign terrorist
organizations.
Sec. 1063. Report on Department of Defense excess personal property
program.
Sec. 1064. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated
networks linked to the regime of Bashar al-
Assad in Syria.
Sec. 1065. Report on recovery operations of 1952 C-119 Flying boxcar,
call name ``Gamble Chalk 1''.
Sec. 1065A. Cost analysis report on changes to military priorities.
Sec. 1065B. Report on Taliban's illegal drug trade.
Sec. 1065C. Report on use of certain funding for counter-narcotics
missions in Central Asia.
Sec. 1065D. Report on status of certain aircraft and equipment moved
from Afghanistan to Uzbekistan, Tajikistan,
or other foreign countries.
Sec. 1065E. Study and report on risks posed to Department of Defense
infrastructure and readiness by wildfire.
Sec. 1065F. Public availability of quarterly summaries of reports.
Sec. 1065G. Report on funds authorized to be appropriated for overseas
contingency operations.
Sec. 1065H. Air Force strategy for acquisition of combat rescue
aircraft and equipment.
Subtitle F--District of Columbia National Guard Home Rule
Sec. 1066. Short title.
Sec. 1067. Extension of National Guard authorities to Mayor of the
District of Columbia.
Sec. 1068. Conforming amendments to title 10, United States Code.
Sec. 1069. Conforming amendments to title 32, United States Code.
Sec. 1070. Conforming amendment to the District of Columbia Home Rule
Act.
Subtitle G--Other Matters
Sec. 1071. Technical, conforming, and clerical amendments.
Sec. 1072. Assistant Secretary of Defense for Indo-Pacific Security
Affairs.
Sec. 1073. Improvement of transparency and congressional oversight of
civil reserve air fleet.
Sec. 1074. Enhancements to national mobilization exercises.
Sec. 1075. Providing end-to-end electronic voting services for absent
uniformed services voters in locations with
limited or immature postal service.
Sec. 1076. Responsibilities for national mobilization; personnel
requirements.
Sec. 1077. Update of Joint Publication 3-68: Noncombatant Evacuation
Operations.
Sec. 1078. Treatment of operational data from Afghanistan.
Sec. 1079. Defense Resource Budgeting and Allocation Commission.
Sec. 1080. Commission on Afghanistan.
Sec. 1081. Technology pilot program to support ballot transmission for
absent uniformed services and overseas
votes.
Sec. 1082. Recognition of the Memorial, Memorial Garden, and K9
Memorial of the National Navy UDT-SEAL
Museum in Fort Pierce, Florida, as the
official national memorial, memorial
garden, and K9 memorial, respectively, of
Navy SEALs and their predecessors.
Sec. 1083. Sense of Congress on the legacy, contributions, and
sacrifices of American Indian and Alaska
Natives in the Armed Forces.
Sec. 1084. Name of Naval Medical Center Camp Lejeune.
Sec. 1085. Sense of Congress regarding naming a warship the USS
Fallujah.
Sec. 1086. Name of Air Force Utah test and training range.
Sec. 1087. Name of Air Force Utah Test and Training Range Consolidated
Mission Control Center.
Sec. 1088. Sense of Congress regarding crisis at the Southwest border.
Sec. 1089. Improvements and clarifications relating to unauthorized use
of computers of Department of Defense.
Sec. 1090. National Museum of the Surface Navy.
Sec. 1091. Sense of Congress honoring the Dover Air Force Base,
Delaware, home to the 436th Airlift Wing,
the 512th Airlift Wing, and the Charles C.
Carson Center for Mortuary Affairs.
Sec. 1092. Sense of Congress regarding the Port Chicago 50.
Sec. 1093. Transfer of excess aircraft to other departments of the
Federal Government.
Sec. 1094. Independent epidemiological analysis of health effects from
exposure to Department of Defense
activities in Vieques.
Sec. 1095. Availability of modular small arms range for Army Reserve in
Puerto Rico.
Sec. 1096. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise
and force structure.
Sec. 1097. Inclusion of support services for Gold Star families in
quadrennial quality of life review.
Sec. 1098. Observance of National Atomic Veterans Day.
Sec. 1099. Anomalous Health Incidents Interagency Coordinator.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Matters Relating to Civilian Personnel
Sec. 1101. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1102. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1103. DARPA personnel management authority to attract science and
engineering experts.
Sec. 1104. Civilian personnel management.
Sec. 1105. Comptroller General review of Naval Audit Service
operations.
Sec. 1106. Implementation of GAO recommendations on tracking, response,
and training for civilian employees of the
Department of Defense regarding sexual
harassment and assault.
Sec. 1107. Guidelines for reductions in civilian positions.
Sec. 1108. Repeal of 2-year probationary period.
Sec. 1109. Amendment to diversity and inclusion reporting.
Sec. 1110. Including active duty in the armed forces in meeting service
requirement for Federal employee family and
medical leave.
Sec. 1111. Treatment of hours worked under a qualified trade-of-time
arrangement.
Sec. 1112. Modification of temporary authority to appoint retired
members of the armed forces to positions in
the Department of Defense.
Sec. 1113. Increase in allowance based on duty at remote worksites.
Sec. 1114. Limiting the number of local wage areas defined within a pay
locality.
Sec. 1115. National Digital Reserve Corps.
Sec. 1116. Expansion of rate of overtime pay authority for Department
of the Navy employees performing work
overseas on naval vessels.
Sec. 1117. Assessment of Accelerated Promotion Program suspension.
Sec. 1118. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base
Facilities and Major Range and Test
Facilities Base civilian personnel.
Sec. 1119. Repeal of crediting amounts received against pay of Federal
employee or DC employee serving as a member
of the National Guard of the District of
Columbia.
Sec. 1120. Federal employee annual survey.
Sec. 1121. Enhancement of recusal for conflicts of personal interest
requirements for Department of Defense
officers and employees.
Sec. 1122. Parental bereavement leave for Federal employees.
Subtitle B--PLUM Act
Sec. 1131. Short title.
Sec. 1132. Establishment of public website on Government policy and
supporting positions.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of support of special operations for irregular
warfare.
Sec. 1202. Report on human rights and building partner capacity
programs.
Sec. 1203. Report on countries suitable for stabilization operations
support.
Sec. 1204. Modification and extension of biennial Comptroller General
of the United States audits of programs to
build the capacity of foreign security
forces.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Clarification of certain matters regarding protection of
Afghan allies.
Sec. 1212. Afghanistan Security Forces Fund.
Sec. 1213. Prohibition on providing funds or material resources of the
Department of Defense to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Sec. 1215. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1216. Quarterly briefings on the security environment in
Afghanistan and United States military
operations related to the security of, and
threats emanating from, Afghanistan.
Sec. 1217. Quarterly report on the threat potential of Al-Qaeda and
related terrorist groups under a Taliban
regime in Afghanistan.
Sec. 1218. Sense of Congress.
Sec. 1219. Joint report on Using the Synchronized Predeployment and
Operational Tracker (SPOT) database to
verify Afghan SIV Applicant Information.
Sec. 1220. Prohibition on removal of publicly available accountings of
military assistance provided to the Afghan
security forces.
Sec. 1220A. Sense of Congress relating to Kabul air strike.
Sec. 1220B. Requirement to attempt recovery of aircraft.
Sec. 1220C. Additional reports required of the Office of the Special
Inspector General for Afghanistan
Reconstruction.
Sec. 1220D. Report on evacuation of United States citizens from Hamid
Karzai International Airport.
Sec. 1220E. Sense of Congress on women and girls in Afghanistan.
Sec. 1220F. Briefing on status of women and girls in Afghanistan.
Sec. 1220G. Prohibition on use of funds for military cooperation or
intelligence sharing with the Taliban.
Sec. 1220H. Threat assessment of terrorist threats posed by prisoners
released by Taliban in Afghanistan.
Sec. 1220I. Sense of Congress on the service of United States Armed
Forces servicemembers in Afghanistan.
Sec. 1220J. Report and certification on the fate and disposition of
military equipment belonging to Afghanistan
security forces.
Sec. 1220K. Prohibition on funding to certain governments of
Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide
assistance to vetted Syrian groups and
individuals.
Sec. 1222. Extension and modification of authority to support
operations and activities of the Office of
Security Cooperation in Iraq.
Sec. 1223. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1224. Prohibition of transfers to Badr organization.
Sec. 1225. Prohibition on transfers to Iran.
Sec. 1226. Report on Iran-China military ties.
Sec. 1227. Report on Iranian military capabilities.
Sec. 1228. Report on Iranian terrorist proxies.
Sec. 1229. Sense of Congress regarding Israel.
Sec. 1229A. Sense of Congress on enrichment of uranium by Iran.
Sec. 1229B. Report on Iranian operations on United States soil.
Sec. 1229C. Congressional notification regarding cryptocurrency
payments by the Department of State.
Sec. 1229D. Support for forces in Iraq operating in the Nineveh Plains
region of Iraq.
Sec. 1229E Report on the threat posed by Iranian-backed militias in
Iraq.
Sec. 1229F. Report on United Nations arms embargo on Iran.
Sec. 1229G. Report on IRGC-affiliated operatives abroad.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1233. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1234. Report on options for assisting the Government of Ukraine in
addressing integrated air and missile
defense gaps.
Sec. 1235. Biennial report on Russian influence operations and
campaigns targeting military alliances and
partnerships of which the United States is
a member.
Sec. 1236. Sense of Congress on Georgia.
Sec. 1237. Cooperation between the United States and Ukraine regarding
the titanium industry.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Sense of Congress on a free and open Indo-Pacific region.
Sec. 1242. Clarification of required budget information related to the
Indo-Pacific.
Sec. 1243. Report on cooperation between the National Guard and Taiwan.
Sec. 1244. Report on military and security developments involving the
People's Republic of China.
Sec. 1245. Biennial report on influence operations and campaigns of the
Government of the People's Republic of
China targeting military alliances and
partnerships of which the United States is
a member.
Sec. 1246. Report on efforts by the People's Republic of China to
expand its presence and influence in Latin
America and the Caribbean.
Sec. 1247. Sense of Congress on Taiwan defense relations.
Sec. 1248. Sense of Congress on inviting Taiwan to the Rim of the
Pacific exercise.
Sec. 1249. Sense of Congress on enhancing defense and security
cooperation with Singapore.
Sec. 1250. Sense of Congress.
Sec. 1251. Sense of Congress with respect to Qatar.
Sec. 1252. Statement of policy.
Sec. 1253. Report on intelligence matters regarding Taiwan.
Sec. 1254. Supporting Taiwan's investment in asymmetric capabilities.
Sec. 1255. Modification of annual report on military and security
developments involving the People's
Republic of China.
Sec. 1256. United States military presence in Palau.
Sec. 1257. Report on enhancing security partnerships between the United
States and Indo-Pacific countries.
Sec. 1258. Sense of Congress on Korean and Korean-American veterans of
the war in Vietnam.
Sec. 1259. Report on United States-Taiwan semiconductor working group.
Sec. 1260. Department of Defense study on the emergence of militia
fleets in the South China Sea.
Sec. 1261. Statement of Congress regarding ongoing abuses against
Uyghurs.
Sec. 1262. Defense and diplomatic strategy for Syria.
Sec. 1263. Statement of policy relating to reporting requirements of
China's Maritime Safety Administration.
Sec. 1264. Establishment of China Watcher Program.
Sec. 1265. Compliance by China with Nuclear Non-Proliferation Treaty.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
Sec. 1301. Report on the state of United States military investment in
Europe including the European Deterrence
Initiative.
Sec. 1302. Sense of Congress on United States defense posture in
Europe.
Sec. 1303. Sense of Congress on security assistance to the Baltic
countries.
Sec. 1304. Report relating to Nordstream 2 Pipeline.
Sec. 1305. Audit of NATO sexual harassment and sexual assault policies
and processes.
Sec. 1306. Report on efforts of NATO to counter misinformation and
disinformation.
Sec. 1307. Funding for the NATO Strategic Communications Center of
Excellence.
Sec. 1308. Briefing on improvements to NATO Strategic Communications
Center of Excellence.
Sec. 1309. Sense of Congress on enhancing NATO efforts to counter
misinformation and disinformation.
Sec. 1309A. Sense of Congress relating to the NATO Parliamentary
Assembly.
Subtitle B--Security Cooperation and Assistance
Sec. 1311. Extension of authority for certain payments to redress
injury and loss.
Sec. 1312. Foreign Area Officer assessment and review.
Sec. 1313. Women, peace, and security act implementation at military
service academies.
Sec. 1314. Extension and modification of authority for certain payments
to redress injury and loss.
Sec. 1315. Report on security assistance to the Governments of Mali,
Guinea, and Chad.
Sec. 1316. Study on certain security cooperation programs.
Sec. 1317. Plan for vetting security assistance participants for
participation in groups that have a violent
ideology.
Subtitle C--Other Matters
Sec. 1321. Extension of authority for Department of Defense support for
stabilization activities in national
security interest of the United States.
Sec. 1322. Notification relating to overseas humanitarian, disaster,
and civic aid funds obligated in support of
Operation Allies Refuge.
Sec. 1323. Limitation on use of funds for the 2022 Olympic and
Paralympic Winter games in China.
Sec. 1324. Report on hostilities involving United States Armed Forces.
Sec. 1325. Imposition of sanctions with respect to Nord Stream 2.
Sec. 1326. Report on Azerbaijan.
Sec. 1327. Rule of Law and Democratic Stability in Central America Act.
Sec. 1328. Department of State efforts regarding firearms trafficking
to Mexico.
Sec. 1329. Gray Zone Review Act.
Sec. 1330. Transnational repression accountability and prevention.
Sec. 1331. Combating global corruption.
Sec. 1332. Report on participants in security cooperation training
programs and recipients of security
assistance training that have been
designated for human rights abuses,
terrorist activities or participation in a
military coup.
Sec. 1333. Sense of Congress relating to the Grand Ethiopian
Renaissance Dam.
Sec. 1334. Prohibition on support or military participation against the
Houthis.
Sec. 1335. Determination and suspension of certain defense services and
support to Saudi Arabia.
Sec. 1336. Prohibition on security cooperation with Brazil.
Sec. 1337. Briefing on Department of Defense Program to Protect United
States Students Against Foreign Agents.
Sec. 1338. Sense of Congress on Israel as a critical defense partner.
Sec. 1339. Report on Haiti.
Sec. 1340. Strategy to counter violent extremism and armed conflict in
Mozambique.
Sec. 1341. Establishment of the office of city and state diplomacy.
Sec. 1342. Extension of prohibition on in-flight refueling to non-
United States aircraft that engage in
hostilities in the ongoing civil war in
Yemen.
Sec. 1343. Report on incidents of arbitrary detention, violence, and
state-sanctioned harassment by the
Government of Egypt against Americans.
Sec. 1344. Modification of authority of the President under the Export
Control Reform Act of 2018.
Sec. 1345. Report and determination on extrajudicial killings and
torture by Egyptian Government security
forces.
Sec. 1346. Trans-Sahara Counterterrorism Partnership Program.
Sec. 1347. Human rights awareness for American athletic delegations.
Sec. 1348. Report on human rights in Colombia.
Sec. 1349. Prohibition on exports of items used for crowd control
purposes to Colombia's Mobile Anti-
Disturbances Squadron.
Sec. 1350. Annual report relating to the situation in the Democratic
Republic of the Congo.
Sec. 1351. Report on Israeli regional military coordination.
Sec. 1352. Arctic Region Diplomacy Policy.
Sec. 1353. Prohibition on use of funds to provide for the commercial
export or transfer of certain military or
policy weaponry to Saudi Arabia's Rapid
Intervention Force.
Sec. 1354. Report and strategy relating to human trafficking and
slavery in Libya.
Sec. 1355. U.S.-Israel Military Technology Cooperation Act.
Sec. 1356. Report on open radio access networks technology.
Sec. 1357. Report the Grey Wolves organization.
Sec. 1358. Prioritization of efforts of the Department of State to
combat international trafficking in covered
synthetic drugs.
Sec. 1359. Annual report on Comprehensive Nuclear-Test-Ban Treaty
sensors.
Sec. 1360. Report on United States humanitarian aid to Nagorno
Karabakh.
Sec. 1361. Annual report on United States strategy to counter malign
foreign influence in Africa.
Sec. 1362. Independent study on human rights abuses related to the arms
exports of the top five arms-exporting
foreign countries.
Sec. 1363. Funding for civilian harm mitigation by Defense Security
Cooperation Agency.
Subtitle D--Central American Women and Children Protection Act of 2021
Sec. 1371. Short title.
Sec. 1372. Findings.
Sec. 1373. Women and children protection compacts.
Sec. 1374. Authorization of assistance.
Sec. 1375. Congressional notification.
Sec. 1376. Compact progress reports and briefings.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--Other Matters
Sec. 1411. Acquisition of strategic and critical materials from the
national technology and industrial base.
Sec. 1412. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1413. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1414. Establishment of Southern New England Regional Commission.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Cyber Threats
Sec. 1501. Cyber threat information collaboration environment.
Sec. 1502. Enterprise-wide procurement of commercial cyber threat
information products.
Subtitle B--Cyber Systems and Operations
Sec. 1511. Legacy information technologies and systems accountability.
Sec. 1512. Update relating to responsibilities of Chief Information
Officer.
Sec. 1513. Protective Domain Name System within the Department of
Defense.
Subtitle C--Cyber Weapons
Sec. 1521. Notification requirements regarding cyber weapons.
Sec. 1522. Cybersecurity of weapon systems.
Sec. 1523. Extension of sunset for pilot program on regional
cybersecurity training center for the Army
National Guard.
Subtitle D--Other Cyber Matters
Sec. 1531. Feasibility study regarding establishment within the
Department of Defense a designated central
program office, headed by a senior
Department official, responsible for
overseeing all academic engagement programs
focusing on creating cyber talent across
the Department.
Sec. 1532. Prohibition on Chief Information Officer of the Department
of Defense serving as Principal Cyber
Advisor of the Department.
Sec. 1533. Authority for National Cyber Director to accept details on
nonreimbursable basis.
Sec. 1534. CyberSentry program of the Cybersecurity and Infrastructure
Security Agency.
Sec. 1535. Cyber Incident Review Office.
Sec. 1536. CISA Director appointment and term.
Sec. 1537. United States-Israel cybersecurity cooperation.
Sec. 1538. Cyber incident response plan.
Sec. 1539. Report on plan to fully fund the Information Systems
Security Program and next generation
encryption.
Sec. 1540. Assessment of Controlled Unclassified Information Program.
Sec. 1541. Evaluation of Department of Defense cyber governance.
Sec. 1542. Operational technology and mission-relevant terrain in
cyberspace.
Sec. 1543. Implementation of certain cybersecurity recommendations;
cyber hygiene and Cybersecurity Maturity
Model Certification Framework.
Sec. 1544. National Cyber Exercise Program.
Sec. 1545. Department of Homeland Security guidance with respect to
certain information and communications
technology or services contracts.
Sec. 1546. Strategic assessment relating to innovation of information
systems and cybersecurity threats.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Improvements to tactically responsive space launch program.
Sec. 1602. National security space launch program.
Sec. 1603. Classification review of programs of the Space Force.
Sec. 1604. Report on Range of the Future initiative of the Space Force.
Sec. 1605. Norms of behavior for international rules-based order in
space.
Sec. 1606. Programs of record of Space Force and commercial
capabilities.
Sec. 1607. Clarification of domestic services and capabilities in
leveraging commercial satellite remote
sensing.
Sec. 1608. National Security Council briefing on potential harmful
interference to Global Positioning System.
Sec. 1609. Limitation on availability of funds for prototype program
for multiglobal navigation satellite system
receiver development.
Sec. 1610. Report on space debris.
Sec. 1610A. National Space Council briefing on threats to United States
space systems.
Sec. 1610B. Leveraging commercial on-orbit satellite servicing.
Sec. 1610C. Report on sensing capabilities of the Department of Defense
to assist fighting wildfires.
Sec. 1610D. Non-geostationary orbit satellite constellations.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Notification of certain threats to United States Armed
Forces by foreign governments.
Sec. 1612. Strategy and plan to implement certain defense intelligence
reforms.
Sec. 1613. Authority of Under Secretary of Defense for Intelligence and
Security to engage in fundraising for
certain nonprofit organizations.
Sec. 1614. Executive agent for explosive ordnance intelligence.
Sec. 1615. Inclusion of explosive ordnance intelligence in Defense
Intelligence Agency activities.
Sec. 1616. Modification of requirement for annual reports on
vulnerabilities equities process.
Subtitle C--Nuclear Forces
Sec. 1621. Exercises of nuclear command, control, and communications
system.
Sec. 1622. Independent review of nuclear command, control, and
communications system.
Sec. 1623. Review of safety, security, and reliability of nuclear
weapons and related systems.
Sec. 1624. Review of engineering and manufacturing development contract
for ground-based strategic deterrent
program.
Sec. 1625. Long-range standoff weapon.
Sec. 1626. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1627. Limitation on availability of certain funds until submission
of information relating to proposed budget
for nuclear-armed sea-launched cruise
missile.
Sec. 1628. Limitation on availability of certain funds until submission
of information relating to nuclear-armed
sea-launched cruise missile.
Sec. 1629. Annual certification on readiness of Minuteman III
intercontinental ballistic missiles.
Sec. 1630. Cost estimate to re-alert long-range bombers.
Sec. 1631. Notification regarding intercontinental ballistic missiles
of China.
Sec. 1632. Information regarding review of Minuteman III service life
extension program.
Sec. 1633. Sense of Congress regarding nuclear posture review.
Sec. 1634. Report on global nuclear leadership of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Directed energy programs for ballistic and hypersonic
missile defense.
Sec. 1642. Notification of changes to non-standard acquisition and
requirements processes and responsibilities
of Missile Defense Agency.
Sec. 1643. Missile defense radar in Hawaii.
Sec. 1644. Guam integrated air and missile defense system.
Sec. 1645. Limitation on availability of funds until receipt of certain
report on Guam.
Sec. 1646. Repeal of transition of ballistic missile defense programs
to military departments.
Sec. 1647. Certification required for Russia and China to tour certain
missile defense sites.
Sec. 1648. Sense of Congress on next generation interceptor program.
Sec. 1649. Studies by private scientific advisory group known as JASON.
Sec. 1650. Report on senior leadership of Missile Defense Agency.
Sec. 1650A. Sense of Congress on Aegis Ashore sites in Poland and
Romania.
Subtitle E--Other Matters
Sec. 1651. Cooperative threat reduction funds.
Sec. 1652. Establishment of office to address unidentified aerial
phenomena.
Sec. 1653. Matters regarding Integrated Deterrence Review.
Sec. 1654. Sense of Congress on indemnification and the conventional
prompt global strike weapon system.
Sec. 1655. Declassification review relating to tests in the Marshall
Islands.
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to
the transfer and reorganization of defense
acquisition statutes.
Sec. 1702. Conforming cross reference technical amendments related to
the transfer and reorganization of defense
acquisition statutes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017
project.
Sec. 2105. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2106. Additional authorized funding source for certain fiscal year
2022 project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
projects.
Sec. 2305. Modification of authority to carry out military construction
projects at Tyndall Air Force Base,
Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2017
project.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Conditions on closure of Pueblo Chemical Depot and Chemical
Agent-Destruction Pilot Plant, Colorado.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Special construction authority to use operation and
maintenance funds to meet certain United
States military-related construction needs
in friendly foreign countries.
Sec. 2802. Increase in maximum amount authorized for use of
unspecified minor military construction
project authority.
Sec. 2803. Increased transparency and public availability of
information regarding solicitation and
award of subcontracts under military
construction contracts.
Sec. 2804. Public availability of information on Facilities
Sustainment, Restoration, and Modernization
projects and activities.
Sec. 2805. Limitations on authorized cost and scope of work variations.
Sec. 2806. Use of qualified apprentices by military construction
contractors.
Sec. 2807. Modification and extension of temporary, limited authority
to use operation and maintenance funds for
construction projects in certain areas
outside the United States.
Sec. 2808. Improved congressional oversight and public transparency of
military construction contract awards.
Sec. 2809. Flood risk management for military construction.
Sec. 2809A. Department of Defense stormwater management projects for
military installations and defense access
roads.
Subtitle B--Continuation of Military Housing Reforms
Sec. 2811. Applicability of window fall prevention requirements to all
military family housing whether privatized
or Government-owned and Government-
controlled.
Sec. 2812. Modification of military housing to accommodate tenants with
disabilities.
Sec. 2813. Required investments in improving military unaccompanied
housing.
Sec. 2814. Improvement of Department of Defense child development
centers and increased availability of child
care for children of military personnel.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Secretary of the Navy authority to support development and
operation of National Museum of the United
States Navy.
Sec. 2822. Expansion of Secretary of the Navy authority to lease and
license United States Navy museum
facilities to generate revenue to support
museum administration and operations.
Sec. 2823. Department of Defense monitoring of real property ownership
and occupancy in vicinity of military
installations to identify foreign adversary
ownership or occupancy.
Sec. 2824. Intergovernmental support agreements for installation-
support services.
Subtitle D--Military Facilities Master Plan Requirements
Sec. 2831. Cooperation with State and local governments in development
of master plans for major military
installations.
Sec. 2832. Additional changes to requirements regarding master plans
for major military installations.
Sec. 2833. Prompt completion of military installation resilience
component of master plans for at-risk major
military installations.
Sec. 2834. Congressional oversight of master plans for Army ammunition
plants guiding future infrastructure,
facility, and production equipment
improvements.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Amendment of Unified Facilities Criteria to require
inclusion of private nursing and lactation
space in certain military construction
projects.
Sec. 2842. Additional Department of Defense activities to improve
energy resiliency of military
installations.
Sec. 2843. Consideration of anticipated increased share of electric
vehicles in Department of Defense vehicle
fleet and owned by members of the Armed
Forces and Department employees.
Sec. 2844. Conditions on revision of Unified Facilities Criteria or
Unified Facilities Guide Specifications
regarding use of variable refrigerant flow
systems.
Sec. 2845. Amendment of Unified Facilities Criteria to promote energy
efficient military installations.
Subtitle F--Land Conveyances
Sec. 2851. Modification of restrictions on use of former Navy property
conveyed to University of California, San
Diego, California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Rosecrans Air National Guard Base, Saint
Joseph, Missouri.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of mass timber in military
construction.
Sec. 2862. Pilot program on increased use of sustainable building
materials in military construction.
Sec. 2863. Pilot program on establishment of account for reimbursement
for use of testing facilities at
installations of the Department of the Air
Force.
Sec. 2864. Pilot program to expedite 5G telecommunications on military
installations through deployment of
telecommunications infrastructure.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services
provided by Naval Facilities Engineering
Systems Command Pacific.
Sec. 2872. Annual report on renewal of Department of Defense easements
and leases of land in Hawai`i.
Sec. 2873. Report on long-term infrastructure needs to support Marine
Corps realignment in United States Indo-
Pacific Command Area of Responsibility.
Sec. 2874. Five-year updates of Hawai`i Military Land Use Master Plan.
Subtitle I--Miscellaneous Studies and Reports
Sec. 2881. Identification of organic industrial base gaps and
vulnerabilities related to climate change
and defensive cybersecurity capabilities.
Sec. 2882. Report on recognition of African American servicemembers in
Department of Defense naming practices.
Subtitle J--Other Matters
Sec. 2891. Clarification of installation and maintenance requirements
regarding fire extinguishers in Department
of Defense facilities.
TITLE XXIX--ADDITIONAL MILITARY CONSTRUCTION PROJECTS RELATED TO
SCIENCE, TECHNOLOGY, TEST, AND EVALUATION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE I--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
Sec. 3111. Improvements to annual reports on condition of the United
States nuclear weapons stockpile.
Sec. 3112. Modifications to certain reporting requirements.
Sec. 3113. Plutonium pit production capacity.
Sec. 3114. Report on Runit Dome and related hazards.
Sec. 3115. University-based nuclear nonproliferation collaboration
program.
Sec. 3116. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3117. Department of Energy study on the W80-4 nuclear warhead life
extension program.
Sec. 3118. Release of reversionary interest in certain real property,
Springfield, Ohio.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Technical amendments regarding Chair and Vice Chair of
Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Maritime Administration.
Subtitle B--Other Matters
Sec. 3511. Effective period for issuance of documentation for
recreational vessels.
Sec. 3512. America's marine highway program.
Sec. 3513. Committees on maritime matters.
Sec. 3514. Port Infrastructure Development Program.
Sec. 3515. Uses of emerging marine technologies and practices.
Sec. 3516. Prohibition on participation of long term charters in Tanker
Security Fleet.
Sec. 3517. Coastwise endorsement.
Sec. 3518. Report on efforts of combatant commands to combat threats
posed by illegal, unreported, and
unregulated fishing.
Sec. 3519. Coast Guard yard improvement.
Sec. 3520. Authorization to purchase duplicate medals.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE L--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
Sec. 5001. Short title.
Sec. 5002. Clarifying amendments to definitions.
Sec. 5003. Barry Goldwater Scholarship and Excellence in Education
Awards.
Sec. 5004. Stipends.
Sec. 5005. Scholarship and research internship conditions.
Sec. 5006. Sustainable investments of funds.
Sec. 5007. Administrative provisions.
TITLE LI--FINANCIAL SERVICES MATTERS
Sec. 5101. Enhanced protection against debt collector harassment of
servicemembers.
Sec. 5102. Comptroller General study on enhanced protection against
debt collector harassment of
servicemembers.
Sec. 5103. Support to enhance the capacity of International Monetary
Fund members to evaluate the legal and
financial terms of sovereign debt
contracts.
Sec. 5104. Adverse information in cases of trafficking.
Sec. 5105. United States policy regarding international financial
institution assistance with respect to
advanced wireless technologies.
Sec. 5106. Protections for obligors and cosigners in case of death or
total and permanent disability.
Sec. 5107. Servicemember protections for medical debt collections.
Sec. 5108. Protections for active duty uniformed consumer.
Sec. 5109. United States contribution to the Catastrophe Containment
and Relief Trust at the International
Monetary Fund.
Sec. 5110. China Financial Threat Mitigation.
Sec. 5111. Banking Transparency for Sanctioned Persons.
Sec. 5112. Determination with respect to primary money laundering
concern of afghan illicit finance.
Sec. 5113. Study and report on housing and service needs of survivors
of trafficking and individuals at risk for
trafficking.
Sec. 5114. Aml examination authority delegation study.
Sec. 5115. Coordinator for human trafficking issues.
Sec. 5116. Study on the financing of domestic violent extremists and
terrorists.
Sec. 5117. Military service question.
Sec. 5118. Inclusion of veterans in housing planning.
Sec. 5119. Annual report on housing assistance to veterans.
Sec. 5120. Use of financial services providers in provision of
financial literacy training for members of
the Armed Forces at military installations
outside the United States.
Sec. 5121. SAVE Act of 2021.
Sec. 5122. Prohibitions or conditions on certain transmittals of funds.
Sec. 5123. Strengthening Awareness of Sanctions.
Sec. 5124. Working Group to support innovation with respect to digital
assets.
Sec. 5125. Including of Tribal Governments and Territories in the High-
risk money laundering and related financial
crime areas.
Sec. 5126. Report by the President on current status of activities
relating to COVID-19 testing under the
Defense Production Act of 1950.
Sec. 5127. Banking transparency for sanctioned persons.
Sec. 5128. FinCEN Exchange.
Sec. 5129. United States policy on Burma at the international financial
institutions.
TITLE LII--RECOMMENDATIONS OF THE NATIONAL SECURITY COMMISSION ON
ARTIFICIAL INTELLIGENCE
Sec. 5201. Modification of National Defense Science and Technology
Strategy.
Sec. 5202. Department of Defense plan to compete in the global
information environment.
Sec. 5203. Resourcing plan for digital ecosystem.
Sec. 5204. Digital Talent recruiting officer.
Sec. 5205. Occupational series for digital career fields.
Sec. 5206. Artificial intelligence readiness goals.
Sec. 5207. Pilot program to facilitate the agile acquisition of
technologies for warfighters.
Sec. 5208. Short course on emerging technologies for senior civilian
leaders.
Sec. 5209. Reports on recommendations of National Security Commission
on Artificial Intelligence regarding
Department of Defense.
Sec. 5210. Chief Human Capital Officers Council annual report.
Sec. 5211. Enhanced role of the Under Secretary of Defense for Research
and Engineering on the Joint Requirements
Oversight Council.
TITLE LIII--GREAT LAKES WINTER SHIPPING
Sec. 5301. Great Lakes winter shipping.
Sec. 5302. Law Enforcement Attache Deployment.
TITLE LIV--SAFE BANKING
Sec. 5401. Short title; table of contents; purpose.
Sec. 5402. Safe harbor for depository institutions.
Sec. 5403. Protections for ancillary businesses.
Sec. 5404. Protections under Federal law.
Sec. 5405. Rules of construction.
Sec. 5406. Requirements for filing suspicious activity reports.
Sec. 5407. Guidance and examination procedures.
Sec. 5408. Annual diversity and inclusion report.
Sec. 5409. GAO study on diversity and inclusion.
Sec. 5410. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5411. Application of this title with respect to hemp-related
legitimate businesses and hemp-related
service providers.
Sec. 5412. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5413. Requirements for deposit account termination requests and
orders.
Sec. 5414. Definitions.
Sec. 5415. Discretionary surplus funds.
TITLE LV--WILDERNESS AND PUBLIC LANDS
Subtitle A--Colorado Wilderness
Sec. 5501. Secretary defined.
Sec. 5502. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 5503. Administrative provisions.
Sec. 5504. Water.
Sec. 5505. Sense of Congress.
Sec. 5506. Department of defense study on impacts that the expansion of
wilderness designations in the western
united states would have on the readiness
of the armed forces of the united states
with respect to aviation training.
Subtitle B--Northwest California Wilderness, Recreation, and Working
Forests
Sec. 5510. Definitions.
Part 1--Restoration and Economic Development
Sec. 5511. South Fork Trinity-Mad River Restoration Area.
Sec. 5512. Redwood National and State Parks restoration.
Sec. 5513. California Public Lands Remediation Partnership.
Sec. 5514. Trinity Lake visitor center.
Sec. 5515. Del Norte County visitor center.
Sec. 5516. Management plans.
Sec. 5517. Study; partnerships related to overnight accommodations.
Part 2--Recreation
Sec. 5521. Horse Mountain Special Management Area.
Sec. 5522. Bigfoot National Recreation Trail.
Sec. 5523. Elk Camp Ridge Recreation Trail.
Sec. 5524. Trinity Lake Trail.
Sec. 5525. Trails study.
Sec. 5526. Construction of mountain bicycling routes.
Sec. 5527. Partnerships.
Part 3--Conservation
Sec. 5531. Designation of wilderness.
Sec. 5532. Administration of wilderness.
Sec. 5533. Designation of potential wilderness.
Sec. 5534. Designation of wild and scenic rivers.
Sec. 5535. Sanhedrin Special Conservation Management Area.
Part 4--Miscellaneous
Sec. 5541. Maps and legal descriptions.
Sec. 5542. Updates to land and resource management plans.
Sec. 5543. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
Subtitle C--Wild Olympics Wilderness and Wild and Scenic Rivers
Sec. 5551. Designation of olympic national forest wilderness areas.
Sec. 5552. Wild and scenic river designations.
Sec. 5553. Existing rights and withdrawal.
Sec. 5554. Treaty rights.
Subtitle D--Central Coast Heritage Protection
Sec. 5561. Definitions.
Sec. 5562. Designation of wilderness.
Sec. 5563. Designation of the Machesna Mountain Potential Wilderness.
Sec. 5564. Administration of wilderness.
Sec. 5565. Designation of Wild and Scenic Rivers.
Sec. 5566. Designation of the Fox Mountain Potential Wilderness.
Sec. 5567. Designation of scenic areas.
Sec. 5568. Condor National Scenic Trail.
Sec. 5569. Forest service study.
Sec. 5570. Nonmotorized recreation opportunities.
Sec. 5571. Use by members of Tribes.
Subtitle E--San Gabriel Mountains Foothills and Rivers Protection
Sec. 5580. Definition of State.
Part 1--San Gabriel National Recreation Area
Sec. 5581. Purposes.
Sec. 5582. Definitions.
Sec. 5583. San Gabriel National Recreation Area.
Sec. 5584. Management.
Sec. 5585. Acquisition of non-Federal land within Recreation Area.
Sec. 5586. Water rights; water resource facilities; public roads;
utility facilities.
Sec. 5587. San Gabriel National Recreation Area Public Advisory
Council.
Sec. 5588. San Gabriel National Recreation Area Partnership.
Sec. 5589. Visitor services and facilities.
Part 2--San Gabriel Mountains
Sec. 5591. Definitions.
Sec. 5592. National Monument Boundary Modification.
Sec. 5593. Designation of Wilderness Areas and Additions.
Sec. 5594. Administration of Wilderness Areas and Additions.
Sec. 5595. Designation of Wild and Scenic Rivers.
Sec. 5596. Water rights.
Subtitle F--Rim of the Valley Corridor Preservation
Sec. 5597. Boundary adjustment; land acquisition; administration.
TITLE LVI--COLORADO AND GRAND CANYON PUBLIC LANDS
Subtitle A--Colorado Outdoor Recreation and Economy
Sec. 5601. Definition of State.
Part 1--Continental Divide
Sec. 5611. Definitions.
Sec. 5612. Colorado Wilderness additions.
Sec. 5613. Williams Fork Mountains Wilderness.
Sec. 5614. Tenmile Recreation Management Area.
Sec. 5615. Porcupine Gulch Wildlife Conservation Area.
Sec. 5616. Williams Fork Mountains Wildlife Conservation Area.
Sec. 5617. Camp Hale National Historic Landscape.
Sec. 5618. White River National Forest boundary modification.
Sec. 5619. Rocky Mountain National Park Potential Wilderness boundary
adjustment.
Sec. 5620. Administrative provisions.
Part 2--San Juan Mountains
Sec. 5631. Definitions.
Sec. 5632. Additions to National Wilderness Preservation System.
Sec. 5633. Special management areas.
Sec. 5634. Release of wilderness study areas.
Sec. 5635. Administrative provisions.
Part 3--Thompson Divide
Sec. 5641. Purposes.
Sec. 5642. Definitions.
Sec. 5643. Thompson Divide Withdrawal and Protection Area.
Sec. 5644. Thompson Divide lease exchange.
Sec. 5645. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 5646. Effect.
Part 4--Curecanti National Recreation Area
Sec. 5651. Definitions.
Sec. 5652. Curecanti National Recreation Area.
Sec. 5653. Acquisition of land; boundary management.
Sec. 5654. General management plan.
Sec. 5655. Boundary survey.
Subtitle B--Grand Canyon Protection
Sec. 5661. Withdrawal of Certain Federal land in the State of Arizona.
TITLE LVII--STRENGTHENING MARINE MAMMAL CONSERVATION
Sec. 5701. Definition of Administrator.
Sec. 5702. Vessel speed restrictions in marine mammal habitat.
Sec. 5703. Monitoring ocean soundscapes.
Sec. 5704. Grants for seaports to establish programs to reduce the
impacts of vessel traffic and port
operations on marine mammals.
Sec. 5705. Near real-time monitoring and mitigation program for large
whales.
Sec. 5706. Grants to support technology that reduces underwater noise
from vessels.
Sec. 5707. Technology assessment for quieting United States Government
vessels.
TITLE LVIII--ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR INCLUSIVE
TRANSATLANTIC ENGAGEMENT
Sec. 5801. Establishment of Alcee L. Hastings Leadership Institute for
Inclusive Transatlantic Engagement as pilot
program.
Sec. 5802. Purposes and authority of Alcee L. Hastings Leadership
Institute for Inclusive Transatlantic
Engagement.
Sec. 5803. Administrative provisions.
Sec. 5804. Administrative provisions.
Sec. 5805. Definitions.
Sec. 5806. Authorization of appropriations; disbursements.
TITLE LIX--FEDERAL CYBERSECURITY WORKFORCE EXPANSION
Sec. 5901. Findings.
Sec. 5902. Cybersecurity and infrastructure security apprenticeship
program.
Sec. 5903. Pilot program on cyber training for veterans and members of
the armed forces transitioning to civilian
life.
Sec. 5904. Federal workforce assessment extension.
Sec. 5905. Title XXII technical and clerical amendments.
TITLE LX--SAUDI ARABIA ACCOUNTABILITY FOR GROSS VIOLATIONS OF HUMAN
RIGHTS ACT
Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Sanctions with respect to foreign persons listed in the
report of the Director of National
Intelligence on the murder of Jamal
Khashoggi.
Sec. 6004. Report on intimidation or harassment directed against
individuals in the United States and other
matters.
Sec. 6005. Report on efforts to uphold human rights in United States
security assistance programs with the
Government of Saudi Arabia.
Sec. 6006. Report on certain entities connected to foreign persons on
the murder of Jamal Khashoggi.
TITLE LXI--PREVENTING FUTURE PANDEMICS
Sec. 6101. Wildlife market defined.
Sec. 6102. International cooperation.
TITLE LXII--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
Sec. 6201. Chief Human Capital Officer responsibilities.
Sec. 6202. Employee engagement steering committee and action plan.
Sec. 6203. Annual employee award program.
Sec. 6204. Independent investigation and implementation plan.
Sec. 6205. Impacts of shutdown.
Sec. 6206. Technical corrections to quadrennial homeland security
review.
Sec. 6207. Authorization of the acquisition professional career
program.
Sec. 6208. National Urban Security Technology Laboratory.
Sec. 6209. Department of Homeland Security Blue Campaign enhancement.
Sec. 6210. Department of homeland security mentor-protege program.
Sec. 6211. Medical countermeasures program.
Sec. 6212. Critical domain research and development.
Subtitle B--Cybersecurity
Sec. 6221. Title XXII technical and clerical amendments.
Sec. 6222. State and local cybersecurity grant program.
Sec. 6223. Strategy.
Sec. 6224. Cybersecurity vulnerabilities.
Sec. 6225. Capabilities of the Cybersecurity and Infrastructure
Security Agency to identify threats to
industrial control systems.
Sec. 6226. Report on cybersecurity vulnerabilities.
Sec. 6227. Competition relating to cybersecurity vulnerabilities.
Sec. 6228. National Cyber Exercise Program.
Subtitle C--Transportation Security
Sec. 6231. Survey of the Transportation Security Administration
workforce regarding COVID-19 response.
Sec. 6232. Transportation security preparedness plan.
Sec. 6233. Authorization of Transportation Security Administration
personnel details.
Sec. 6234. Transportation Security Administration preparedness.
Sec. 6235. Plan to reduce the spread of coronavirus at passenger
screening checkpoints.
Sec. 6236. Comptroller General review of Department of Homeland
Security trusted traveler programs.
Sec. 6237. Enrollment redress with respect to Department of Homeland
Security trusted traveler programs.
Sec. 6238. Threat information sharing.
Sec. 6239. Local law enforcement security training.
Sec. 6240. Allowable uses of funds for public transportation security
assistance grants.
Sec. 6241. Periods of performance for public transportation security
assistance grants.
Sec. 6242. GAO review of public transportation security assistance
grant program.
Sec. 6243. Sensitive security information; international aviation
security.
TITLE LXIII--COVID-19 EMERGENCY MEDICAL SUPPLIES
Sec. 6301. Short title.
Sec. 6302. Determination on emergency supplies and relationship to
state and local efforts.
Sec. 6303. Engagement with the private sector.
Sec. 6304. Enhancement of supply chain production.
Sec. 6305. Oversight of current activity and needs.
Sec. 6306. Enhancements to the Defense Production Act of 1950.
Sec. 6307. Securing essential medical materials.
Sec. 6308. GAO report.
Sec. 6309. Definitions.
TITLE LXIV--OTHER MATTERS
Sec. 6401. FAA rating of civilian pilots of the Department of Defense.
Sec. 6402. Property disposition for affordable housing.
Sec. 6403. Requirement to establish a national network for
microelectronics research and development.
Sec. 6404. Definition of State for purposes of Omnibus Crime Control
and Safe Streets Act of 1968.
Sec. 6405. Advancing Mutual Interests and Growing Our Success.
Sec. 6406. Department of Veterans Affairs Governors Challenge grant
program.
Sec. 6407. Foreign Corruption Accountability.
Sec. 6408. Justice for Victims of Kleptocracy.
Sec. 6409. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits
in Egypt and Syria.
Sec. 6410. Extension of period of eligibility by reason of school
closures due to emergency and other
situations under Department of Veterans
Affairs training and rehabilitation program
for veterans with service-connected
disabilities.
Sec. 6411. Extension of time limitation for use of entitlement under
Department of Veterans Affairs educational
assistance programs by reason of school
closures due to emergency and other
situations.
Sec. 6412. Exemption of certain Homeland Security fees for certain
immediate relatives of an individual who
received the Purple Heart.
Sec. 6413. Payments to individuals who served during World War II in
the United States Merchant Marine.
Sec. 6414. Resolution of controversies under Servicemembers Civil
Relief Act.
Sec. 6415. Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act.
Sec. 6416. Clarification of private right of action under
Servicemembers Civil Relief Act.
Sec. 6417. Prohibition on United States persons from purchasing or
selling Russian sovereign debt.
Sec. 6418. Addition of Virgin Islands visa waiver to Guam and Northern
Mariana Islands visa waiver.
Sec. 6419. Threshold for reporting additions to toxics release
inventory.
Sec. 6420. National primary drinking water regulations for PFAS.
Sec. 6421. PFAS data call.
Sec. 6422. EPA requirement for submission of analytical reference
standards for PFAS.
Sec. 6423. Review of Standard Occupational Classification System.
Sec. 6424. Eligibility for interment in national cemeteries.
Sec. 6425. Afghanistan Refuge Special Envoy.
Sec. 6426. Authority of President to appoint successors to members of
Board of Visitors of military academies
whose terms have expired.
Sec. 6427. Authorization for United States participation in the
Coalition for Epidemic Preparedness
Innovations.
Sec. 6428. Sense of Congress on role of human rights in reducing
violence in Nigeria.
Sec. 6429. Treatment of paycheck protection program loan forgiveness of
payroll costs under highway and public
transportation project cost reimbursement
contracts.
Sec. 6430. Grants to States for Seal of Biliteracy programs.
Sec. 6431. Annual report from the Advisory Committee on Women Veterans.
Sec. 6432. Study on contamination of Coldwater Creek, Missouri.
Sec. 6433. Recognition and honoring of service of individuals who
served in United States Cadet Nurse Corps
during World War II.
Sec. 6434. Report relating to establishment of preclearance facility in
Taiwan.
Sec. 6435. Documenting and responding to discrimination against
migrants abroad.
Sec. 6436. Sense of Congress on recognizing women in the United States
for their service in World War II and
recognizing the role of Representative
Edith Nourse Rogers in establishing the
Women's Army Auxiliary Corps and the
Women's Army Corps.
Sec. 6437. Protection of Saudi Dissidents Act of 2021.
Sec. 6438. Global Health Security Act of 2021.
Sec. 6439. Codification of the FedRAMP program.
Sec. 6440. Annual report on veteran access to gender specific services
under Department of Veterans Affairs
community care contracts.
Sec. 6441. Establishment of environment of care standards and
inspections at Department of Veterans
Affairs medical centers.
Sec. 6442. National Global War on Terrorism Memorial.
Sec. 6443. Amendments to annual Country Reports on Human Rights
Practices.
Sec. 6444. National security commission on synthetic biology.
Sec. 6445. Requirements relating to unmanned aircraft systems.
Sec. 6446. Admission of essential scientists and technical experts to
promote and protect National Security
Innovation Base.
Sec. 6447. Contracts by the President, the Vice President, or a Cabinet
Member.
Sec. 6448. Report on all comprehensive sanctions imposed on foreign
governments.
Sec. 6449. Comptroller General report on equipment in Afghanistan.
Sec. 6450. China Economic Data Coordination Center.
Sec. 6451. Flight instruction or testing.
Sec. 6452. Required notification and reports related to Peacekeeping
Operations account.
Sec. 6453. National biodefense science and technology strategy.
Sec. 6454. Tick identification pilot program.
Sec. 6455. Preventing Sexual Harassment in Public Housing.
Sec. 6456. Semiconductor production incentive expansion.
Sec. 6457. Semiconductor production incentive expansion.
Sec. 6458. Authority for Secretary of Health and Human Services to
accept unused COVID-19 vaccines for
potential redistribution.
Sec. 6459. Pilot program to employ veterans in positions relating to
conservation and resource management
activities.
Sec. 6460. Use of veterans with medical occupations in response to
national emergencies.
Sec. 6461. Critical Technology Security Centers.
Sec. 6462. Pilot program on doula support for veterans.
Sec. 6463. Establishment of Afghan Threat Finance Cell.
Sec. 6464. Determination of potential genocide or crimes against
humanity in Ethiopia.
Sec. 6465. Attorney General report on war crimes and torture by United
States citizens in Libya.
Sec. 6466. Review of implementation of United States sanctions with
respect to violators of the arms embargo on
Libya.
Sec. 6467. Prohibition of Federal funding for induced or required
undermining of security of consumer
communications goods.
Sec. 6468. Annual report on surveillance sales to repressive
governments.
Sec. 6469. Review of sanctions with respect to Russian kleptocrats and
human rights abusers.
Sec. 6470. Modifications to and reauthorization of sanctions with
respect to human rights violations.
Sec. 6471. Sense of Congress with respect to the production of baseload
power in the United States.
Sec. 6472. Strategy and reporting related to United States engagement
in Somalia.
Sec. 6473. Prohibition on contributions to support the G5 Sahel Joint
Force.
Sec. 6474. Menstrual products in public buildings.
Sec. 6475. Department of Veterans Affairs awareness campaign on
fertility services.
Sec. 6476. Memorial for those who lost their lives in the attack on
Hamid Karzai International Airport on
August 26, 2021.
Sec. 6477. Corey Adams Green Alert Systems Technical Assistance.
Sec. 6478. Housing allowance for Federal wildland firefighters.
Sec. 6479. Mental health program for Federal wildland firefighters.
Sec. 6480. Reports on substance abuse in the Armed Forces.
Sec. 6481. Prohibition on the use of funds for aerial fumigation in
Colombia.
Sec. 6482. Annual report on United States policy toward South Sudan.
Sec. 6483. Sense of Congress on the use of the Defense Production Act
of 1950 for global vaccine production.
Sec. 6484. National Academies Science, Technology, and Security
Roundtable.
Sec. 6485. Prohibition on Federal Funding to EcoHealth Alliance, Inc.
Sec. 6486. Blocking Deadly Fentanyl Imports.
Sec. 6487. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 6488. Report on obstacles to veteran participation in Federal
housing programs.
Sec. 6489. Inclusion on the Vietnam Veterans Memorial Wall of the names
of the lost crew members of the U.S.S.
Frank E. Evans killed on June 3, 1969.
Sec. 6490. Jamal Khashoggi Press Freedom Accountability Act of 2021.
Sec. 6491. Interagency One Health Program.
Sec. 6492. Support for Afghan Special Immigrant Visa and Refugee
Applicants.
Sec. 6493. Review and Report of experimentation with ticks and insects.
Sec. 6494. Increase in length of post-employment ban on lobbying by
certain former senior executive branch
personnel.
Sec. 6495. Afghan refugees of special humanitarian concern.
Sec. 6496. Establishment of Subcommittee on the Economic and Security
Implications of Quantum Information
Science.
Sec. 6497. Report on effectiveness of Taliban sanctions.
Sec. 6498. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6499. Report on assistance to Turkmenistan.
Sec. 6499A. Report on space debris and low Earth orbit satellites.
Sec. 6499B. Study on supply chains critical to national security.
Sec. 6499C. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6499D. Representation and leadership of United States in
communications standards-setting bodies.
Sec. 6499E. Malign foreign talent recruitment program prohibition.
Sec. 6499F. National equal pay enforcement task force.
Sec. 6499G. Ensuring that contractor employees on army corps projects
are paid prevailing wages as required by
law.
Sec. 6499H. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
Sec. 6499I. Amendment to Radiation Exposure Compensation Act.
Sec. 6499J. Limitation on licenses and other authorizations for export
of certain items removed from the
jurisdiction of the United States Munitions
List and made subject to the jurisdiction
of the Export Administration Regulations.
Sec. 6499K. Study on factors affecting employment opportunities for
immigrants and refugees with professional
credentials obtained in foreign countries.
TITLE LXV--SECURING AND ENABLING COMMERCE USING REMOTE AND ELECTRONIC
NOTARIZATION
Sec. 6501. Definitions.
Sec. 6502. Authorization to perform and minimum standards for
electronic notarization.
Sec. 6503. Authorization to perform and minimum standards for remote
notarization.
Sec. 6504. Recognition of notarizations in Federal court.
Sec. 6505. Recognition by state of notarizations performed under
authority of another State.
Sec. 6506. Electronic and remote notarization not required.
Sec. 6507. Validity of notarizations; rights of aggrieved persons not
affected; State laws on the practice of law
not affected.
Sec. 6508. Exception to preemption.
Sec. 6509. Standard of care; special notarial commissions.
Sec. 6510. Severability.
DIVISION F--DEPARTMENT OF STATE AUTHORITIES
TITLE LXX--DEPARTMENT OF STATE AUTHORITIES
Sec. 7001. Short title.
Sec. 7002. Definitions.
Subtitle A--Organization and Operations of the Department of State
Sec. 7101. Diplomatic Programs.
Sec. 7102. Sense of Congress on importance of Department of State's
work.
Sec. 7103. Bureau of Democracy, Human Rights, and Labor.
Sec. 7104. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 7105. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 7106. Office of International Disability Rights.
Sec. 7107. Anti-piracy information sharing.
Sec. 7108. Importance of foreign affairs training to national security.
Sec. 7109. Classification and assignment of Foreign Service officers.
Sec. 7110. Energy diplomacy and security within the Department of
State.
Sec. 7111. National Museum of American Diplomacy.
Sec. 7112. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and
detention of U.S.-flag fishing vessels by
foreign governments.
Sec. 7113. Art in embassies.
Sec. 7114. Amendment or repeal of reporting requirements.
Sec. 7115. Reporting on implementation of GAO recommendations.
Sec. 7116. Office of Global Criminal Justice.
Subtitle B--Embassy Construction
Sec. 7201. Embassy security, construction, and maintenance.
Sec. 7202. Standard design in capital construction.
Sec. 7203. Capital construction transparency.
Sec. 7204. Contractor performance information.
Sec. 7205. Growth projections for new embassies and consulates.
Sec. 7206. Long-range planning process.
Sec. 7207. Value engineering and risk assessment.
Sec. 7208. Business volume.
Sec. 7209. Embassy security requests and deficiencies.
Sec. 7210. Overseas security briefings.
Sec. 7211. Contracting methods in capital construction.
Sec. 7212. Competition in embassy construction.
Sec. 7213. Statement of policy.
Sec. 7214. Definitions.
Subtitle C--Personnel Issues
Sec. 7301. Defense Base Act insurance waivers.
Sec. 7302. Study on Foreign Service allowances.
Sec. 7303. Science and technology fellowships.
Sec. 7304. Travel for separated families.
Sec. 7305. Home leave travel for separated families.
Sec. 7306. Sense of Congress regarding certain fellowship programs.
Sec. 7307. Technical correction.
Sec. 7308. Foreign Service awards.
Sec. 7309. Workforce actions.
Sec. 7310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 7311. Employee assignment restrictions and preclusions.
Sec. 7312. Recall and reemployment of career members.
Sec. 7313. Strategic staffing plan for the Department of State.
Sec. 7314. Consulting services.
Sec. 7315. Incentives for critical posts.
Sec. 7316. Extension of authority for certain accountability review
boards.
Sec. 7317. Foreign Service suspension without pay.
Sec. 7318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 7319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 7320. Appointment of employees to the Global Engagement Center.
Sec. 7321. Rest and recuperation and overseas operations leave for
Federal employees.
Sec. 7322. Emergency medical services authority.
Sec. 7323. Department of State Student Internship Program.
Sec. 7324. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 7325. Cooperation with Office of the Inspector General.
Sec. 7326. Information on educational opportunities for children with
special educational needs consistent with
the Individuals With Disabilities Education
Act.
Sec. 7327. Implementation of gap memorandum in selection board process.
Subtitle D--A Diverse Workforce: Recruitment, Retention, and Promotion
Sec. 7401. Definitions.
Sec. 7402. Collection, analysis, and dissemination of workforce data.
Sec. 7403. Exit interviews for workforce.
Sec. 7404. Recruitment and retention.
Sec. 7405. Promoting diversity and inclusion in the national security
workforce.
Sec. 7406. Leadership engagement and accountability.
Sec. 7407. Professional development opportunities and tools.
Sec. 7408. Examination and oral assessment for the Foreign Service.
Sec. 7409. Payne fellowship authorization.
Sec. 7410. Voluntary participation.
Subtitle E--Information Security
Sec. 7501. Definitions.
Sec. 7502. List of certain telecommunications providers.
Sec. 7503. Preserving records of electronic communications conducted
related to official duties of positions in
the public trust of the American people.
Sec. 7504. Foreign Relations of the United States (FRUS) series and
declassification.
Sec. 7505. Vulnerability Disclosure Policy and Bug Bounty Pilot
Program.
Subtitle F--Public Diplomacy
Sec. 7601. Short title.
Sec. 7602. Avoiding duplication of programs and efforts.
Sec. 7603. Improving research and evaluation of public diplomacy.
Sec. 7604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 7605. Streamlining of support functions.
Sec. 7606. Guidance for closure of public diplomacy facilities.
Sec. 7607. Definitions.
Subtitle G--Combating Public Corruption
Sec. 7701. Sense of congress.
Sec. 7702. Annual assessment.
Sec. 7703. Transparency and accountability.
Sec. 7704. Designation of embassy anti-corruption points of contact.
Subtitle H--Other Matters
Sec. 7801. Case-Zablocki Act Reform.
Sec. 7802. Limitation on assistance to countries in default.
Sec. 7803. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 7804. Modification of authorities of Commission for the
Preservation of America's Heritage Abroad.
Sec. 7805. Chief of mission concurrence.
Sec. 7806. Report on efforts of the Coronavirus Repatriation Task
Force.
DIVISION G--GLOBAL PANDEMIC PREVENTION AND BIOSECURITY
Sec. 8001. Short title.
Sec. 8002. Statement of policy.
Sec. 8003. Definitions.
Sec. 8004. Findings.
Sec. 8005. United States policy toward assisting countries in
preventing zoonotic spillover events.
Sec. 8006. Global zoonotic disease task force.
Sec. 8007. Preventing outbreaks of zoonotic diseases.
Sec. 8008. USAID multisectoral strategy for food security, global
health, biodiversity conservation, and
reducing demand for wildlife for human
consumption.
Sec. 8009. Implementation of multisectoral strategy.
Sec. 8010. Establishment of conservation corps.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2022 program year, for the procurement of AH-64E Apache helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2022 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M AND HH-60M BLACK
HAWK HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2022 program year, for the procurement of UH-60M and HH-60M Black Hawk
helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2022 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 113. CONTINUATION OF SOLDIER ENHANCEMENT PROGRAM.
(a) Requirement to Continue Program.--The Secretary of the Army,
acting through the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology in accordance with subsection (b), shall
continue to carry out the Soldier Enhancement Program established
pursuant to section 203 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Sat. 1394).
(b) Responsible Official.--The Secretary of the Army shall
designate the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology as the official in the Department of the Army
with principal responsibility for the management of the Soldier
Enhancement Program under subsection (a).
(c) Duties.--The duties of the Soldier Enhancement Program shall
include the identification, research, development, test, and evaluation
of commercially available off-the-shelf items (as defined in section
104 of title 41, United States Code) and software applications to
accelerate the efforts of the Army to integrate, modernize, and enhance
weapons and equipment for use by Army soldiers, including--
(1) lighter, more lethal weapons; and
(2) support equipment, including lighter, more comfortable
load-bearing equipment, field gear, combat clothing,
survivability items, communications equipment, navigational
aids, night vision devices, tactical power, sensors, and
lasers.
SEC. 114. STRATEGY FOR THE PROCUREMENT OF ACCESSORIES FOR THE NEXT
GENERATION SQUAD WEAPON.
(a) Strategy Required.--The Secretary of the Army shall develop and
implement a strategy to identify, test, qualify, and procure, on a
competitive basis, accessories for the next generation squad weapon of
the Army, including magazines and other components that could affect
the performance of such weapon.
(b) Market Survey and Qualification Activities.--
(1) Initial market survey.--Not later than one year after a
decision is made to enter into full-rate production for the
next generation squad weapon, the Secretary of the Army shall
conduct a market survey to identify accessories for such
weapon, including magazines and other components, that could
affect the weapon's performance.
(2) Qualification activities.--After completing the market
survey under paragraph (1), the Secretary of the Army may
compete, select, procure, and conduct tests of such components
to qualify such components for purchase and use. A decision to
qualify such components shall be based on established technical
standards for operational safety and weapon effectiveness.
(c) Information to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army shall
provide to the congressional defense committees a briefing or a report
on--
(1) the strategy developed and implemented by the Secretary
under subsection (a); and
(2) the results of the market survey and qualification
activities under subsection (b).
SEC. 115. PLAN FOR ENSURING SOURCES OF CANNON TUBES.
The Secretary of the Army shall develop and implement an investment
and sustainment plan to ensure the sourcing of cannon tubes for the
purpose of mitigating risk to the Army and the industrial base. Under
the plan, the Secretary of the Army shall--
(1) identify qualified and capable sources, in addition to
those currently used, from which cannon tubes may be procured;
and
(2) determine the feasibility, advisability, and
affordability of procuring cannon tubes from such sources on a
sustainable basis.
Subtitle C--Navy Programs
SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
Section 124(a)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended by striking ``fiscal year 2021'' and inserting ``fiscal years
2021 and 2022''.
SEC. 122. INCLUSION OF BASIC AND FUNCTIONAL DESIGN IN ASSESSMENTS
REQUIRED PRIOR TO START OF CONSTRUCTION ON FIRST SHIP OF
A SHIPBUILDING PROGRAM.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 28; 10 U.S.C. 8661 note) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``Concurrent with approving the start of
construction of the first ship for any major
shipbuilding program, the Secretary of the Navy shall''
and inserting ``The Secretary of the Navy may not enter
into a contract for the construction of the first ship
for any major shipbuilding program until a period of 30
days has elapsed following the date on which the
Secretary'';
(B) in paragraph (1)--
(i) by striking ``submit'' and inserting
``submits''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by striking ``certify'' and inserting
``certifies''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(3) certifies to the congressional defense committees
that the basic and functional design of the vessel is
complete.''; and
(2) in subsection (d), by adding at the end the following
new paragraph:
``(5) Basic and functional design.--The term `basic and
functional design', when used with respect to a vessel, means
design through computer-aided models, that--
``(A) fixes the hull structure of the vessel;
``(B) sets the hydrodynamics of the vessel;
``(C) routes all major distributive systems of the
vessel, including electricity, water, and other
utilities; and
``(D) identifies the exact positioning of piping
and other outfitting within each block of the
vessel.''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of up to 15
Arleigh Burke class Flight III guided missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2023,
for advance procurement associated with the destroyers for which
authorization to enter into a multiyear procurement contract is
provided under subsection (a), and for systems and subsystems
associated with such destroyers in economic order quantities when cost
savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2023 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification would
increase the target price of the destroyer by more than 10 percent
above the target price specified in the original contract awarded for
the destroyer under subsection (a).
SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO DDG-51
CLASS DESTROYERS.
(a) In General.--The Secretary of the Navy shall ensure that an
advanced degaussing system is incorporated into any DDG-51 class
destroyer procured pursuant to a covered contract.
(b) Covered Contract Defined.--In this section, the term ``covered
contract'' means a multiyear contract for the procurement of a DDG-51
destroyer that is entered into by the Secretary of the Navy on or after
the date of the enactment of this Act.
Subtitle D--Air Force Programs
SEC. 131. CONTRACT FOR LOGISTICS SUPPORT FOR VC-25B AIRCRAFT.
Section 143 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1668) is
amended--
(1) in paragraph (1), by striking ``, unless otherwise
approved in accordance with established procedures''; and
(2) in paragraph (2), by inserting ``such'' before
``logistics support contract''.
SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52 COMMERCIAL
ENGINE REPLACEMENT PROGRAM.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for the
research and development, design, procurement, or advanced procurement
of materials for the B-52 Commercial Engine Replacement Program may be
obligated or expended until the date on which the Secretary of Defense
submits to the congressional defense committees the report described in
section 2432 of title 10, United States Code, for the most recently
concluded fiscal quarter for the B-52 Commercial Engine Replacement
Program in accordance with subsection (b)(1).
(b) Additional Requirements.--
(1) Treatment of baseline estimate.--The Secretary of
Defense shall deem the Baseline Estimate for the B-52
Commercial Engine Replacement Program for fiscal year 2018 as
the original Baseline Estimate for the Program.
(2) Unit cost reports and critical cost growth.--
(A) Subject to subparagraph (B), the Secretary
shall carry out sections 2433 and 2433a of title 10,
United States Code, with respect to the B-52 Commercial
Engine Replacement Program, as if the Department had
submitted a Selected Acquisition Report for the Program
that included the Baseline Estimate for the Program for
fiscal year 2018 as the original Baseline Estimate,
except that the Secretary shall not carry out
subparagraph (B) or subparagraph (C) of section
2433a(c)(1) of such title with respect to the Program.
(B) In carrying out the review required by section
2433a of such title, the Secretary shall not enter into
a transaction under section 2371 or 2371b of such
title, exercise an option under such a transaction, or
otherwise extend such a transaction with respect to the
B-52 Commercial Engine Replacement Program except to
the extent determined necessary by the milestone
decision authority, on a non-delegable basis, to ensure
that the program can be restructured as intended by the
Secretary without unnecessarily wasting resources.
(c) Definitions.--In this section:
(1) The term ``Baseline Estimate'' has the meaning given
the term in section 2433(a)(2) of title 10, United States Code.
(2) The term ``milestone decision authority'' has the
meaning given the term in section 2366b(g)(3) of title 10,
United States Code.
(3) The term ``original Baseline Estimate'' has the meaning
given the term in section 2435(d)(1) of title 10, United States
Code.
(4) The term ``Selected Acquisition Report'' means a
Selected Acquisition Report submitted to Congress under section
2432 of title 10, United States Code.
SEC. 133. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING TO CERTAIN
AIR REFUELING TANKER AIRCRAFT.
(a) Minimum Inventory Requirements for KC-10A Aircraft.--
(1) Fiscal year 2022.--During the period beginning on
October 1, 2021, and ending on October 1, 2022, the Secretary
of the Air Force shall, except as provided in paragraph (3),
maintain a minimum of 36 KC-10A aircraft designated as primary
mission aircraft inventory.
(2) Fiscal year 2023.--During the period beginning on
October 1, 2022, and ending on October 1, 2023, the Secretary
of the Air Force shall, except as provided in paragraph (3),
maintain a minimum of 24 KC-10A aircraft designated as primary
mission aircraft inventory.
(3) Exception.--The requirements of paragraphs (1) and (2)
shall not apply to individual KC-10A aircraft that the
Secretary of the Air Force determines, on a case-by-case basis,
to be no longer mission capable because of mishaps, other
damage, or being uneconomical to repair.
(b) Limitation on Retirement of KC-135 Aircraft.--
(1) Limitation.--Except as provided in paragraph (2), the
Secretary of the Air Force may not retire more than 18 KC-135
aircraft during the period beginning on the date of the
enactment of this Act and ending on October 1, 2023.
(2) Exception.--The limitation in paragraph (1) shall not
apply to individual KC-135 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer
mission capable because of mishaps, other damage, or being
uneconomical to repair.
(c) Prohibition on Reduction of KC-135 Aircraft in PMAI of the
Reserve Components.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for the Air
Force may be obligated or expended to reduce the number of KC-135
aircraft designated as primary mission aircraft inventory within the
reserve components of the Air Force.
(d) Primary Mission Aircraft Inventory Defined.--In this section,
the term ``primary mission aircraft inventory'' has the meaning given
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 134. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT AND LIMITATION
ON MODIFICATION OF AIR NATIONAL GUARD TACTICAL AIRLIFT
FLYING MISSIONS.
(a) Minimum Inventory Requirement.--During the period beginning on
October 1, 2021, and ending on October 1, 2026, the Secretary of the
Air Force shall maintain a total inventory of tactical airlift aircraft
of not less than 279 aircraft.
(b) Exception.--The Secretary of the Air Force may reduce the
number of tactical airlift aircraft in the Air Force below the minimum
number specified in subsection (a) if the Secretary determines, on a
case-by-case basis, that an aircraft is no longer mission capable
because of a mishap or other damage.
(c) Limitation on Modification of Air National Guard Tactical
Airlift Flying Missions.--The Secretary of the Air Force may not modify
the flying mission of a tactical airlift unit of the Air National Guard
unless--
(1) the Secretary and the Governor of the State concerned
agree, in writing, to such modification; and
(2) the Secretary submits to the congressional defense
committees a copy of such agreement together with an
explanation of the reasons for such modification.
SEC. 135. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF THE GROUND-BASED
STRATEGIC DETERRENT CRYPTOGRAPHIC DEVICE.
(a) In General.--The Secretary of the Air Force may enter into
contracts for the life-of-type procurement of covered parts supporting
the KS-75 cryptographic device under the Ground Based Strategic
Deterrent program.
(b) Covered Parts Defined.--In this section the term ``covered
parts'' means commercially available off-the-shelf items as defined in
section 104 of title 41, United States Code.
(c) Availability of Funds.--Notwithstanding section 1502(a) of
title 31, United States Code, of the amount authorized to be
appropriated for fiscal year 2022 by section 101 and available for
missile procurement, Air Force, as specified in the corresponding
funding table in section 4101, $10,900,000 shall be available for the
procurement of covered parts pursuant to contracts entered into under
subsection (a).
SEC. 136. SENSE OF CONGRESS ON JOINT SURVEILLANCE TARGET ATTACK RADAR
SYSTEM AIRCRAFT.
It is the sense of Congress that--
(1) the Joint Surveillance Target Attack Radar System
aircraft is an essential element of the aircraft fleet of the
Air Force; and
(2) before retiring any such aircraft, the Secretary of the
Air Force should strictly adhere to each provision of law
relating to the use, operation, and retirement of such
aircraft.
SEC. 137. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RC-26B
AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2022 for the Air Force may be obligated or
expended to retire, divest, realign, or place in storage or on backup
aircraft inventory status, or to prepare to retire, divest, realign, or
place in storage or on backup aircraft inventory status, any RC-26B
aircraft.
(b) Exception.--The limitation in subsection (a) shall not apply to
individual RC-26B aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of mishaps or other damage.
(c) Funding for RC-26B Manned Intelligence, Surveillance, and
Reconnaissance Platform.--
(1) Operation and maintenance.--Of the funds authorized to
be appropriated in section 301 for operation and maintenance,
as specified in the corresponding funding table in section
4301, for operation and maintenance, Air National Guard, the
Secretary of the Air Force may transfer up to $18,500,000 to be
used in support of the RC-26B manned intelligence,
surveillance, and reconnaissance platform.
(2) Military personnel.--Of the funds authorized to be
appropriated in section 401 for military personnel, as
specified in the corresponding funding table in section 4401,
the Secretary of the Air Force may transfer up to $13,000,000
from military personnel, Air National Guard to be used in
support of personnel who operate and maintain the RC-26B manned
intelligence, surveillance, and reconnaissance platform.
(d) Memoranda of Agreement.--Notwithstanding any other provision of
law, the Secretary of Defense may enter into one or more memoranda of
agreement or cost-sharing agreements with other departments and
agencies of the Federal Government under which the RC-26B aircraft may
be used to assist with the missions and activities of such departments
and agencies.
SEC. 138. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF TACTICAL
AIRLIFT AIRCRAFT.
(a) Findings.--Congress finds the following:
(1) The C-130 tactical airlift aircraft fulfills a wide
range of intratheater airlift missions.
(2) Such aircraft operate out of military installations
throughout the United States.
(3) The proposed total force structure referenced in the
National Defense Authorization Act for Fiscal Year 2013 called
for a total force size of 326 C-130 aircraft.
(4) The Air Force included a six-year plan for fiscal years
2015 through 2020 for the Air Force, Air Force Reserve, and Air
National Guard C-130 force structure, which called for a total
force size of 300 such aircraft by fiscal year 2019.
(5) The 2018 Mobility Capabilities and Requirements Study
recommended a total force size of 300 C-130s to support wartime
mobility requirements.
(6) The Air Force has sought to reduce the number of C-130
aircraft below 300, which is inconsistent with force structure
and plans referred to in paragraphs (3) through (5).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report that includes--
(1) with respect to the reduction of the total number of
tactical airlift aircraft, information relating to--
(A) the justification used for such reduction; and
(B) any consideration of domestic operations used
in such justification;
(2) an analysis of the role of tactical airlift aircraft in
domestic operations; and
(3) information relating to discussions concerning
decisionmaking processes with Governors of States who may be
impacted by such reduction.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. IMPLEMENTATION OF AFFORDABILITY, OPERATIONAL, AND SUSTAINMENT
COST CONSTRAINTS FOR THE F-35 AIRCRAFT PROGRAM.
(a) F-35A Quantity Limit for the Air Force.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35A aircraft that the Secretary of the Air Force
may maintain in the aircraft inventory of the Air Force may not
exceed the lesser of--
(A) 1,763; or
(B) the number obtained by--
(i) multiplying 1,763 by the cost-per-tail
factor determined under paragraph (2); and
(ii) rounding the product of the
calculation under clause (i) to the nearest
whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 4,100,000, divided by
(B) a number equal to the average cost-per-tail-
per-year of the F-35A aircraft of the Air Force during
fiscal year 2027 (as determined by the Secretary of the
Air Force in accordance with subsection (e)).
(b) F-35B Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35B aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Marine Corps may not
exceed the lesser of--
(A) 353; or
(B) the number obtained by--
(i) multiplying 353 by the cost-per-tail
factor determined under paragraph (2); and
(ii) rounding the product of the
calculation under clause (i) to the nearest
whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 6,800,000, divided by
(B) a number equal to the average cost-per-tail-
per-year of the F-35B aircraft of the Marine Corps
during fiscal year 2027 (as determined by the Secretary
of the Navy in accordance with subsection (e)).
(c) F-35C Quantity Limit for the Navy.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35C aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Navy may not exceed
the lesser of--
(A) 273; or
(B) the number obtained by--
(i) multiplying 273 by the cost-per-tail
factor determined under paragraph (2); and
(ii) rounding the product of the
calculation under clause (i) to the nearest
whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 7,500,000, divided by
(B) a number equal to the average cost-per-tail-
per-year of the F-35C aircraft of the Navy during
fiscal year 2027 (as determined by the Secretary of the
Navy in accordance with subsection (e)).
(d) F-35C Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35C aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Marine Corps may not
exceed the lesser of--
(A) 67; or
(B) the number obtained by--
(i) multiplying 67 by the cost-per-tail
factor determined under paragraph (2); and
(ii) rounding the product of the
calculation under clause (i) to the nearest
whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 6,800,000, divided by
(B) a number equal to the average cost-per-tail-
per-year of the F-35C aircraft of the Marine Corps
during fiscal year 2027 (as determined by the Secretary
of the Navy in accordance with subsection (e)).
(e) Determination of Cost-per-tail-per-year for Fiscal Year 2027.--
--
(1) In general.--Not later than 90 days after the end of
fiscal year 2027--
(A) the Secretary of the Air Force shall determine
the average cost-per-tail of the F-35A aircraft of the
Air Force during fiscal year 2027; and
(B) the Secretary of the Navy shall determine the
average cost-per-tail of--
(i) the F-35B aircraft of the Marine Corps
during such fiscal year;
(ii) the F-35C aircraft of the Navy during
such fiscal year; and
(iii) the F-35C aircraft of the Marine
Corps during such fiscal year.
(2) Calculation.--For purposes of paragraph (1), the
average cost-per-tail of a variant of an F-35 aircraft of an
Armed Force shall be determined by--
(A) adding the total amount expended for fiscal
year 2027 (in base year fiscal 2012 dollars) for all
such aircraft in the inventory of the Armed Force for--
(i) unit level manpower;
(ii) unit operations;
(iii) maintenance;
(iv) sustaining support;
(v) continuing system support; and
(vi) modifications; and
(B) dividing the sum obtained under subparagraph
(A) by the average number of such aircraft in the
inventory of the Armed Force during such fiscal year.
(f) Waiver Authority.--The Secretary of Defense may waive the
quantity limits under any of subsections (a) through (d) if, prior to
issuing such a waiver, the Secretary certifies to the congressional
defense committees that procuring additional quantities of a variant of
an F-35 aircraft above the applicable quantity limit are required to
meet the national military strategy requirements of the combatant
commanders. The authority of the Secretary under this subsection may
not be delegated.
(g) Aircraft Defined.--In this section, the term ``aircraft'' means
aircraft owned and operated by an Armed Force of the United States and
does not include aircraft owned or operated by an armed force of a
foreign country.
SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AIRCRAFT SYSTEMS FOR
THE ARMED OVERWATCH PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Department
of Defense for the procurement of aircraft systems for the armed
overwatch program of the United States Special Operations Command, not
more than 50 percent may be obligated or expended until the date on
which the documentation described in subsection (b) is submitted to the
congressional defense committees.
(b) Documentation Described.--The documentation described in this
subsection is the airborne intelligence, surveillance, and
reconnaissance acquisition roadmap for the United States Special
Operations Command required to be submitted to the congressional
defense committees under section 165 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
(c) Requirement to Maintain Capabilities.--Until such time as the
Secretary of Defense identifies a suitable replacement for the U-28
aircraft, the Secretary shall maintain the U-28 aircraft platform to
provide necessary capabilities to sustain operations to meet the
operational intelligence, surveillance, and reconnaissance requirements
of combatant commanders.
SEC. 143. MAJOR WEAPON SYSTEMS CAPABILITY ASSESSMENT PROCESS AND
PROCEDURE REVIEW AND REPORT.
(a) Review.--The Secretary of Defense shall review, and modify as
appropriate, the processes of the Department for the management of
strategic risk with respect to capabilities of major weapon systems,
including the processes for--
(1) ensuring the suitability of major weapon systems to
address current and emerging military threats; and
(2) identifying for upgrade or replacement any fielded
major weapon system that is not capable of effectively meeting
operational requirements.
(b) Report.--Not later than one year after the date of the
enactment of this section, the Secretary of Defense shall submit to the
congressional defense committees and the Comptroller General of the
United States a report containing the following:
(1) A comprehensive description of the current policies and
processes of the Department of Defense for--
(A) assessing the effectiveness, and the costs, of
fielded major weapon systems in addressing the current,
mid-term, and long-term threats identified in the
contingency plans of the combatant commands;
(B) assessing tradeoffs, including in terms of
resources, funding, time, capabilities, and
programmatic and operational risk, between developing a
new major weapon system compared to--
(i) continued use of a fielded major weapon
system; and
(ii) replacing a fielded major weapon
system;
(C) developing strategies for the continued use or
replacement of fielded major weapon systems that ensure
that the capabilities of major weapon systems are
viable and resilient against evolving threats; and
(D) developing and implementing plans for the
replacement and divestment of fielded major weapon
systems that manage the related strategic risk.
(2) The key factors considered by the Secretary of Defense
when applying the policies and processes described in paragraph
(1).
(3) An assessment of the extent to which the policies and
processes described in paragraph (1) enable the Secretary of
Defense to--
(A) evaluate, at regular intervals, whether a major
weapon system--
(i) meets operational requirements; and
(ii) is capable of addressing emerging and
evolving threats identified in the National
Defense Strategy;
(B) efficiently and effectively determine if a
fielded major weapon system should continue to be used
or replaced and divested and--
(i) with respect to a fielded major weapon
system that should continue to be used, how
long such use should continue; and
(ii) with respect to a fielded major weapon
system that should be replaced and divested--
(I) how long such replacement will
take;
(II) the period over which such
divestment should occur; and
(III) the expected improvements in
the effectiveness of the replacement
major weapon system to meet operational
requirements;
(C) effectively implement the determinations
described in subparagraph (B); and
(D) manage strategic risk relative to the
effectiveness of major weapon systems meeting
operational requirements.
(4) An identification of the fielded major weapon systems
with respect to which the Secretary of Defense completed
replacement or divestment during the period beginning on
January 1, 2010, and ending on the date on which the report is
submitted under this subsection.
(5) An assessment of the processes involved in the
decisions of the Secretary of Defense to replace and divest the
fielded major weapon systems identified under paragraph (4),
including an assessment of the effectiveness in meeting
operational requirements and the timeliness of those processes
involved in making replacement decisions.
(6) An identification of any fielded major weapon systems
with respect to which, as of the date on which the report is
submitted under this subsection, the Secretary of Defense plans
to complete replacement or divestment not later than December
31, 2035.
(7) An analysis of the plans of the Secretary of Defense
with respect to replacing or divesting the fielded major weapon
systems identified under paragraph (6), including--
(A) the rationale supporting such replacement or
divestment plans;
(B) any anticipated challenges to carrying out the
replacement or divestments; and
(C) a description of how the Secretary of Defense
will manage at an appropriate level the strategic risk
relative to the availability and effectiveness of the
fielded major weapons systems to be divested, including
a description of any risk mitigation plans.
(8) An identification of the major weapon system upgrade
efforts and the research, development, and acquisition programs
to replace fielded major weapon systems that the Secretary of
Defense--
(A) began after December 31, 2009; or
(B) as of the date on which the report is submitted
under this subsection, plans to begin not later than
December 31, 2035.
(9) An assessment of how the replacement major weapon
systems from the programs identified under paragraph (8) will
meet current and future operational requirements in the
National Defense Strategy.
(c) Comptroller General Briefing and Report.--
(1) Assessments.--The Comptroller General of the United
States shall conduct a preliminary assessment and a detailed
assessment of the report required under subsection (b).
(2) Briefing.--Not later than 180 days after the date on
which the Secretary of Defense submits to the Comptroller
General the report required under subsection (b), the
Comptroller General shall brief the congressional defense
committees on the preliminary assessment of such report
required under paragraph (1).
(3) Report.--The Comptroller General shall submit to the
congressional defense committees a report on the findings of
the detailed assessment required under paragraph (1).
(d) Definitions.--In this section:
(1) The term ``National Defense Strategy'' means the
strategy required under section 113(g) of title 10, United
States Code.
(2) The term ``major weapon system'' has the meaning given
such term under section 2379(f) of title 10, United States
Code.
(3) The term ``strategic risk'' means a risk arising from
updating or replacing a major weapon system, or the decision to
not update or replace a major weapon system.
SEC. 144. REPORTS ON EXERCISE OF WAIVER AUTHORITY WITH RESPECT TO
CERTAIN AIRCRAFT EJECTION SEATS.
Not later than February 1, 2022, and on a semiannual basis
thereafter through February 1, 2024, the Secretary of the Air Force and
the Secretary of the Navy shall each submit to the congressional
defense committees a report that includes, with respect to each
location at which active flying operations are conducted or planned as
of the date report--
(1) the number of aircrew ejection seats installed in the
aircraft used, or expected to be used, at such location;
(2) of the ejection seats identified under paragraph (1),
the number that have been, or are expected to be, placed in
service subject to a waiver due to--
(A) deferred maintenance; or
(B) the inability to obtain parts to make repairs
or to fulfill time-compliance technical orders; and
(3) for each ejection seat subject to a waiver as described
in paragraph (2)--
(A) the date on which the waiver was issued; and
(B) the name and title of the official who
authorized the waiver.
SEC. 145. BRIEFING ON MILITARY TYPE CERTIFICATIONS FOR AIRCRAFT.
(a) Briefing Required.--Not later than April 30, 2022, the
Secretary of the Air Force, or the Secretary's designee, shall provide
to the congressional defense committees a briefing on the process for
evaluating and granting military type certifications for aircraft.
(b) Elements.--The briefing under subsection (a) shall include a
detailed overview of the process for granting military type
certifications for aircraft, including the following:
(1) The evaluation criteria used for determining the
suitability of an aircraft to receive a military type
certification, including the threshold requirements for
obtaining such a certification.
(2) Whether commercially available data is used as part of
the evaluation process, and if commercially available data is
not used, an explanation of the reasons such data is not used.
(3) The list of aircraft granted military type
certifications over the past 10 years.
(4) The national security implications taken into account
when determining the suitability of an aircraft for a military
type certification.
(c) Form.--The briefing under subsection (a) shall be submitted in
unclassified format but may include a classified annex.
(d) Submittal of Materials.--The Secretary of the Air Force shall
deliver any materials relevant to the briefing to the congressional
defense committees before the date of the briefing.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. DUTIES AND REGIONAL ACTIVITIES OF THE DEFENSE INNOVATION
UNIT.
(a) Duties of DIU Joint Reserve Detachment.--Clause (ii) of section
2358b(c)(2)(B) of title 10, United States Code, is amended to read as
follows:
``(ii) the technology requirements of the
Department of Defense, as identified in the
most recent--
``(I) National Defense Strategy;
``(II) National Defense Science and
Technology Strategy as directed under
section 218 of the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679); and
``(III) policy and guidance from
the Under Secretary of Defense for
Research and Engineering and the Under
Secretary of Defense for Acquisition
and Sustainment; and''.
(b) Regional Activities.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense may expand
the efforts of the Defense Innovation Unit to engage and collaborate
with private-sector industry and communities in various regions of the
United States--
(1) to accelerate the adoption of commercially developed
advanced technology in the areas of manufacturing, space,
energy, materials, autonomy, and such other key technology
areas as may be identified by the Secretary; and
(2) to expand outreach to communities that do not otherwise
have a Defense Innovation Unit presence, including economically
disadvantaged communities.
SEC. 212. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL
TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT
DEPARTMENT OF DEFENSE MISSIONS.
Section 217 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Consultation With Other Organizations.--For the purposes of
providing technical expertise and reducing costs and duplicative
efforts, the Secretary of Defense and the Secretaries of the military
departments shall work to ensure and support the sharing of information
on the research and consulting that is being carried out across the
Federal Government in Department-wide shared information systems
including the Defense Technical Information Center.'';
(2) in subsection (e)--
(A) by redesignating paragraph (31) as paragraph
(33); and
(B) by inserting after paragraph (30) the following
new paragraphs:
``(31) Nuclear science, security, and nonproliferation.
``(32) Chemical, biological, radiological, and nuclear
defense.''; and
(3) in subsection (g), by striking ``2026'' and inserting
``2028''.
SEC. 213. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL
TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS.
Section 217(e) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note), as amended by
section 212 of this title, is further amended--
(1) by redesignating paragraph (33) as paragraph (34); and
(2) by inserting after paragraph (32) the following new
paragraph:
``(33) Spectrum activities.''.
SEC. 214. MINORITY INSTITUTE FOR DEFENSE RESEARCH.
(a) Plan to Establish Minority Institute for Defense Research.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary shall submit to
the congressional defense committees a plan (in this section
referred to as the ``Plan'') for the establishment of the
Minority Institute for Defense Research (in this section
referred to as the ``Consortium'').
(2) Elements.--The Plan shall include the following:
(A) Information relating to the projected needs of
the Department for the next twenty years with respect
to essential engineering, research, or development
capability.
(B) An assessment relating to the engineering,
research, and development capability, including
physical infrastructure, of each minority institution.
(C) Information relating to the advancements and
investments necessary to elevate a minority institution
or a consortium of minority institutions (including
historically black colleges and universities) to the
research capacity of a University Affiliated Research
Center.
(D) Recommendations relating to actions that may be
taken by the Department, Congress, and minority
institutions to establish the Consortium within 10
years.
(3) Consultation.--In developing the plan under paragraph
(1), the Secretary shall consult with the following:
(A) The Secretary of Education.
(B) The Secretary of Agriculture.
(C) The Secretary of Energy.
(D) The Administrator of the National Aeronautics
and Space Administration.
(E) The National Science Foundation.
(F) Such other organizations as the Secretary
considers appropriate.
(4) Publicly available.--The Plan shall be posted on a
publicly available website of the Department.
(b) Naming of the Consortium.--With respect to the naming of the
Consortium, the Secretary shall--
(1) establish a process to solicit and review proposals of
names from--
(A) minority institutions;
(B) nonprofit institutions that advocate on behalf
of minority institutions; and
(C) members of the public;
(2) develop a list of all names received pursuant to
paragraph (1);
(3) provide opportunity for public comment on the names
included on such list; and
(4) choose a name from such list to name the Consortium.
(c) Grant Program for Historically Black Colleges and Universities
and Minority Institutions.--
(1) In general.--The Secretary may establish a program to
award grants, on a competitive basis, to minority institutions
for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) Establishing a legal entity for the purpose of
entering into research contracts or agreements with the
Federal Government or the Consortium.
(B) Developing the capability to bid on Federal
Government or Consortium contracts.
(C) Requesting technical assistance from the
Federal Government or a private entity with respect to
contracting with the Federal Government or the
Consortium.
(D) Recruiting and retaining research faculty.
(E) Advancing research capabilities, including
physical infrastructure, relating to the national
security of the United States.
(F) Any other matter determined appropriate by the
Secretary.
(3) Application.--To be eligible to receive a grant under
this section, a minority institution shall submit to the
Secretary an application in such form, and containing such
information, as the Secretary may require.
(4) Preference.--In awarding grants pursuant to paragraph
(1), the Secretary may give preference to a minority
institution with a R1 or R2 status on the Carnegie
Classification of Institutions of Higher Education.
(d) Subcontracting Requirements for Minority Institutions.--
(1) In general.--Section 2304 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(m)(1) The head of an agency shall require that a contract
awarded to Department of Defense Federally Funded Research and
Development Center or University Affiliated Research Center includes a
requirement to establish a partnership to develop the capacity of
minority institutions to address the research and development needs of
the Department. Such partnerships shall be through a subcontract with
one or more minority institutions for a total amount of not less than 5
percent of the amount awarded in the contract.
``(2) For the purposes of this subsection, a minority institution
means--
``(A) a part B institution (as such term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))); or
``(B) any other institution of higher education (as such
term is defined in section 101 of such Act (20 U.S.C. 1001)) at
which not less than 50 percent of the total student enrollment
consists of students from ethnic groups that are
underrepresented in the fields of science and engineering.''.
(2) Effective date.--The amendments made by paragraph (1)
shall--
(A) take effect on October 1, 2026; and
(B) apply with respect to funds that are awarded by
the Department of Defense on or after such date.
(e) Definitions.--In this section:
(1) The term ``Department'' means the Department of
Defense.
(2) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(3) The term ``historically black college or university''
means a part B institution (as such term is defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))).
(4) The term ``minority institution'' means--
(A) a historically black college or university; or
(B) any institution of higher education at which
not less than 50 percent of the total student
enrollment consists of students from ethnic groups that
are underrepresented in the fields of science and
engineering.
(5) The term ``Secretary'' means the Secretary of Defense.
(6) The term ``University Affiliated Research Center''
means a research organization within an institution of higher
education that--
(A) provides or maintains Department essential
engineering, research, or development capabilities; and
(B) receives sole source contract funding from the
Department pursuant to section 2304(c)(3)(B) of title
10, United States Code.
SEC. 215. TEST PROGRAM FOR ENGINEERING PLANT OF DDG(X) DESTROYER
VESSELS.
(a) Test Program Required.--During the detailed design period and
prior to the construction start date of the lead ship in the DDG(X)
destroyer class of vessels, the Secretary of the Navy shall commence a
land-based test program for the engineering plant of such class of
vessels.
(b) Administration.--The test program required by subsection (a)
shall be administered by the Senior Technical Authority for the DDG(X)
destroyer class of vessels.
(c) Elements.--The test program required by subsection (a) shall
include, at a minimum, testing of the following equipment in vessel-
representative form:
(1) Main reduction gear.
(2) Electrical propulsion motors.
(3) Other propulsion drive train components.
(4) Main propulsion system.
(5) Auxiliary propulsion unit.
(6) Electrical generation and distribution systems.
(7) Shipboard control systems.
(8) Power control modules.
(d) Test Objectives.--The test program required by subsection (a)
shall include, at a minimum, the following test objectives demonstrated
across the full range of engineering plant operations for the DDG(X)
destroyer class of vessels:
(1) Test of the full propulsion drive train.
(2) Test and facilitation of machinery control systems
integration.
(3) Simulation of the full range of electrical demands to
enable the investigation of load dynamics between the hull,
mechanical and electrical equipment, the combat system, and
auxiliary equipment.
(e) Completion Date.--The Secretary of the Navy shall complete the
test program required by subsection (a) by not later than the delivery
date of the lead ship in the DDG(X) destroyer class of vessels.
(f) Definitions.--In this section:
(1) Delivery date.--The term ``delivery date'' has the
meaning given that term in section 8671 of title 10, United
States Code.
(2) Senior technical authority.--The term ``Senior
Technical Authority'' means the official designated as the
Senior Technical Authority for the DDG(X) destroyer class of
vessels pursuant to section 8669b of title 10, United States
Code.
SEC. 216. CONSORTIUM TO STUDY IRREGULAR WARFARE.
(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall
establish a research consortium of institutions of higher education to
study irregular warfare and the responses to irregular threats.
(b) Purposes.--The purposes of the consortium under subsection (a)
are as follows:
(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding
irregular warfare.
(2) To maintain open-source databases on issues relevant to
understanding terrorism, irregular threats, and social and
environmental change.
(3) To serve as a repository for datasets regarding
research on security, social change, and irregular threats
developed by institutions of higher education that receive
Federal funding.
(4) To support basic research in social science on emerging
threats and stability dynamics relevant to irregular threat
problem sets.
(5) To transition promising basic research--
(A) to higher stages of research and development,
and
(B) into operational capabilities, as appropriate,
by supporting applied research and developing tools to
counter irregular threats.
(6) To facilitate the collaboration of research centers of
excellence relating to irregular threats to better distribute
expertise to specific issues and scenarios regarding such
threats.
(7) To enhance educational outreach and teaching at
professional military education schools to improve--
(A) the understanding of irregular threats; and
(B) the integration of data-based responses to such
threats.
(8) To support classified research when necessary in
appropriately controlled physical spaces.
(c) Coordination.--The Under Secretary of Defense for Research and
Engineering shall coordinate activities conducted under this section
with the Commander of the United States Special Operations Command.
(d) Partnerships.--The Under Secretary of Defense for Research and
Engineering shall encourage partnerships between the consortium and
university-affiliated research centers and other research institutions.
(e) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
SEC. 217. DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR
SURVIVABILITY AND LETHALITY TESTING.
(a) Expansion of Survivability and Lethality Testing.--
(1) In general.--The Secretary, in coordination with
covered officials, shall--
(A) expand the survivability and lethality testing
of covered systems to include testing against non-
kinetic threats; and
(B) develop digital technologies to test such
systems against such threats throughout the life cycle
of each such system.
(2) Development of digital technologies for live fire
testing.--
(A) In general.--The Secretary, in coordination
with covered officials, shall develop--
(i) digital technologies to enable the
modeling and simulation of the live fire
testing required under section 2366 of title
10, United States Code; and
(ii) a process to use data from physical
live fire testing to inform and refine the
digital technologies described in clause (i).
(B) Objectives.--In carrying out subparagraph (A),
the Secretary shall seek to achieve the following
objectives:
(i) Enable assessments of full spectrum
survivability and lethality of each covered
system with respect to kinetic and non-kinetic
threats.
(ii) Inform the development and refinement
of digital technology to test and improve
covered systems.
(iii) Enable survivability and lethality
assessments of the warfighting capabilities of
a covered system with respect to--
(I) communications;
(II) firepower;
(III) mobility;
(IV) catastrophic survivability;
and
(V) lethality.
(C) Demonstration activities.--
(i) In general.--The Secretary, acting
through the Director, shall carry out
activities to demonstrate the digital
technologies for full spectrum survivability
testing developed under subparagraph (A).
(ii) Program selection.--The Secretary
shall assess and select not fewer than three
and not more than ten programs of the
Department to participate in the demonstration
activities required under clause (i).
(iii) Armed forces programs.--Of the
programs selected pursuant to clause (ii), the
Director shall select--
(I) at least one such program from
the Army;
(II) at least one such program from
the Navy or the Marine Corps; and
(III) at least one such program
from the Air Force or the Space Force.
(3) Regular survivability and lethality testing throughout
life cycle.--
(A) In general.--The Secretary, in coordination
with covered officials, shall--
(i) develop a process to regularly test
through the use of digital technologies the
survivability and lethality of each covered
system against kinetic and non-kinetic threats
throughout the life cycle of such system as
threats evolve; and
(ii) establish guidance for such testing.
(B) Elements.--In carrying out subparagraph (A),
the Secretary shall determine the following:
(i) When to deploy digital technologies to
provide timely and up-to-date insights with
respect to covered systems without unduly
delaying fielding of capabilities.
(ii) The situations in which it may be
necessary to develop and use digital
technologies to assess legacy fleet
vulnerabilities.
(b) Reports and Briefing.--
(1) Assessment and selection of programs.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense committees
a report that identifies the programs selected to participate
in the demonstration activities under subsection (a)(2)(C).
(2) Modernization and digitization report.--
(A) In general.--Not later than March 15, 2023, the
Director shall submit to the congressional defense
committees a report that includes--
(i) an assessment of the progress of the
Secretary in carrying out subsection (a);
(ii) an assessment of each of the
demonstration activities carried out under
subsection (a)(2)(C), including a comparison
of--
(I) the risks, benefits, and costs
of using digital technologies for live
fire testing and evaluation; and
(II) the risks, benefits, and costs
of traditional physical live fire
testing approaches that--
(aa) are not supported by
digital technologies;
(bb) do not include testing
against non-kinetic threats;
and
(cc) do not include full
spectrum survivability.
(iii) an explanation of--
(I) how real-world operational and
digital survivability and lethality
testing data will be used to inform and
enhance digital technology;
(II) the contribution of such data
to the digital modernization efforts
required under section 836 of the
William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283); and
(III) the contribution of such data
to the decision-support processes for
managing and overseeing acquisition
programs of the Department;
(iv) an assessment of the ability of the
Department to perform full spectrum
survivability and lethality testing of each
covered system with respect to kinetic and non-
kinetic threats;
(v) an assessment of the processes
implemented by the Department to manage digital
technologies developed pursuant to subsection
(a); and
(vi) an assessment of the processes
implemented by the Department to develop
digital technology that can perform full
spectrum survivability and lethality testing
with respect to kinetic and non-kinetic
threats.
(B) Briefing.--Not later than April 14, 2023, the
Director shall provide to the congressional defense
committees a briefing that identifies any changes to
existing law that may be necessary to implement
subsection (a).
(c) Definitions.--In this section:
(1) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary of Defense for Research and
Engineering;
(B) the Under Secretary of Defense for Acquisition
and Sustainment;
(C) the Chief Information Officer;
(D) the Director;
(E) the Director of Cost Assessment and Program
Evaluation;
(F) the Service Acquisition Executives;
(G) the Service testing commands;
(H) the Director of the Defense Digital Service;
and
(I) representatives from--
(i) the Department of Defense Test Resource
Management Center;
(ii) the High Performance Computing
Modernization Program Office; and
(iii) the Joint Technical Coordination
Group for Munitions Effectiveness.
(2) Covered system.--The term ``covered system'' means any
warfighting capability that can degrade, disable, deceive, or
destroy forces or missions.
(3) Department.--The term ``Department'' means the
Department of Defense.
(4) Digital technologies.--The term ``digital
technologies'' includes digital models, digital simulations,
and digital twin capabilities that may be used to test the
survivability and lethality of a covered system.
(5) Director.--The term ``Director'' means the Director of
Operational Test and Evaluation.
(6) Full spectrum survivability and lethality testing.--The
term ``full spectrum survivability and lethality testing''
means a series of assessments of the effects of kinetic and
non-kinetic threats on the communications, firepower, mobility,
catastrophic survivability, and lethality of a covered system.
(7) Non-kinetic threats.--The term ``non-kinetic threats''
means unconventional threats, including--
(A) cyber attacks;
(B) electromagnetic spectrum operations;
(C) chemical, biological, radiological, nuclear
effects and high yield explosives; and
(D) directed energy weapons.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
SEC. 218. PILOT PROGRAM ON THE USE OF INTERMEDIARIES TO CONNECT THE
DEPARTMENT OF DEFENSE WITH TECHNOLOGY PRODUCERS.
(a) In General.--The Secretary of Defense shall carry out a pilot
program to foster the transition of the science and technology
programs, projects, and activities of the Department of Defense from
the research, development, pilot, and prototyping phases to full-scale
implementation. Under the pilot program, the Secretary shall seek to
enter into agreements with qualified intermediaries pursuant to which
the intermediaries will--
(1) match technology producers with programs, projects, and
activities of the Department that may have a use for the
technology developed by such producers; and
(2) provide technical assistance to such technology
producers on participating in the procurement programs and
acquisition processes of the Department.
(b) Activities.--A qualified intermediary that enters into an
agreement with the Secretary of Defense under subsection (a) shall,
pursuant to such agreement--
(1) guide and advise technology producers on participating
in the procurement programs and acquisition processes of the
Department, including--
(A) planning, programing, budgeting, and execution
processes of the Department.
(B) requirements processes;
(C) the Federal Acquisition Regulation and the
Department of Defense Supplement to the Federal
Acquisition Regulation;
(D) other procurement programs and authorities,
including--
(i) the Small Business Innovation Research
Program and the Small Business Technology
Transfer Program, as defined in section 9(e) of
the Small Business Act (15 U.S.C. 638(e));
(ii) other transaction authority under
sections 2371 and 2371b of title 10, United
States Code;
(iii) cooperative agreements;
(iv) prizes for advanced technology
achievements under section 2374a of title 10,
United States Code; and
(v) grant programs; and
(E) new entrant barriers and challenges,
including--
(i) accessing secure computing and
information technology infrastructure; and
(ii) securing clearances for personnel and
facilities; and
(2) match technology producers with programs, projects, and
activities of the Department that may have a use for the
technology developed by such producers, including programs,
projects, and activities carried out by--
(A) program executive officers (as defined in
section 1737(a)(4)) of title 10, United States Code);
(B) program management offices;
(C) combatant commands with a command acquisition
executive;
(D) Defense Agencies and Department of Defense
Field Activities (as such terms are defined,
respectively, in section 101 of title 10, United States
Code); and
(E) such other elements of the Department as the
Secretary considers appropriate.
(c) Priority.--In carrying out the activities described in
subsection (b), a qualified intermediary shall give priority to
technology producers that are small business concerns (as defined under
section 3 of the Small Business Act (15 U.S.C. 632)), research
institutions (as defined in section 9(e) of such Act), or institutions
of higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C 1001)).
(d) Terms of Agreements.--
(1) In general.--The terms of an agreement under subsection
(a) shall be determined by the Secretary of Defense.
(2) Methods of service delivery.--In entering into
agreements under subsection (a), the Secretary may consider, on
a case by case basis, whether the needs of the Department of
Defense and technology producers would best be served by a
qualified intermediary that provides services in a specific
geographic region, serves a particular technology sector, or
uses another method of service delivery.
(3) Incentives.--The Secretary of Defense may include terms
in an agreement under subsection (a) to incentivize a qualified
intermediary to successfully facilitate the transition of
science and technology from the research, development, pilot,
and prototyping phases to full-scale implementation within the
Department of Defense.
(4) Limitation on use of funds.--The Secretary of Defense
may not use any amounts required to be expended under section
9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for any
administrative costs incurred by a qualified intermediary
associated with the pilot program under this section.
(e) Protection of Proprietary Information.--The Secretary of
Defense shall implement policies and procedures to protect the
intellectual property and any other proprietary information of
technology producers that participate in the pilot program under this
section.
(f) Data Collection.--
(1) Plan required before implementation.--The Secretary of
Defense may not enter into an agreement under subsection (a)
until the date on which the Secretary--
(A) completes a plan to for carrying out the data
collection required under paragraph (2); and
(B) submits the plan to the appropriate
congressional committees.
(2) Data collection required.--The Secretary of Defense
shall collect and analyze data on the pilot program under this
section for the purposes of--
(A) developing and sharing best practices for
facilitating the transition of science and technology
from the research, development, pilot, and prototyping
phases to full-scale implementation within the
Department of Defense;
(B) providing information to the leadership of the
Department on the implementation of the pilot program
and related policy issues; and
(C) providing information to the appropriate
congressional committees as required under subsection
(g).
(g) Briefing.--Not later than December 31, 2022, the Secretary of
Defense shall provide to the appropriate congressional committees a
briefing on the progress of the Secretary in implementing the pilot
program under this section and any related policy issues.
(h) Consultation.--In carrying out the pilot program under this
section, the Secretary of Defense shall consult with--
(1) service acquisition executives (as defined in section
101 of title 10, United States Code);
(2) the heads of appropriate Defense Agencies and
Department of Defense Field Activities;
(3) procurement technical assistance centers (as described
in chapter 142 of title 10, United States Code);
(4) the Administrator of Federal Procurement Policy; and
(5) such other individuals and organizations as the
Secretary determines appropriate.
(i) Termination.--The pilot program under this section shall
terminate on the date that is five years after the date on which
Secretary of Defense enters into the first agreement with a qualified
intermediary under subsection (a).
(j) Comptroller General Assessment and Report.--
(1) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the pilot program under
this section. The assessment shall include an evaluation of the
effectiveness of the pilot program with respect to--
(A) facilitating the transition of science and
technology from the research, development, pilot, and
prototyping phases to full-scale implementation within
the Department of Defense; and
(B) protecting sensitive information shared among
the Department of Defense, qualified intermediaries,
and technology producers in the course of the pilot
program.
(2) Report.--Not later than the date specified in paragraph
(3), the Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
assessment conducted under paragraph (1).
(3) Date specified.--The date specified in this paragraph
is the earlier of--
(A) four years after the date on which the
Secretary of Defense enters into the first agreement
with a qualified intermediary under subsection (a): or
(B) five years after the date of the enactment of
this Act.
(k) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Oversight and Reform of the
House of Representatives.
(2) The term ``qualified intermediary'' means a nonprofit,
for-profit, or State or local government entity that assists,
counsels, advises, evaluates, or otherwise cooperates with
technology producers that need or can make demonstrably
productive use of the services provided by the intermediary
pursuant to the pilot program under this section.
(3) The term ``technology producer'' means an individual or
entity engaged in the research, development, production, or
distribution of science or technology that the Secretary of
Defense determines may be of use to the Department of Defense.
SEC. 219. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE F-35
AIRCRAFT PILOT BREATHING SYSTEM.
(a) Testing and Evaluation Required.--Beginning not later than 120
days after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Administrator of the National
Aeronautics and Space Administration, shall commence operational
testing and evaluation of the F-35 aircraft pilot breathing system (in
this section referred to as the ``breathing system'') to--
(1) determine whether the breathing system complies with
Military Standard 3050 (MIL-STD-3050), titled ``Aircraft Crew
Breathing Systems Using On-Board Oxygen Generating System
(OBOGS)''; and
(2) assess the safety and effectiveness of the breathing
system for all pilots of F-35 aircraft.
(b) Requirements.--The following shall apply to the testing and
evaluation conducted under subsection (a):
(1) The pilot, aircraft systems, and operational flight
environment of the F-35 aircraft shall not be assessed in
isolation but shall be tested and evaluated as integrated parts
of the breathing system.
(2) The testing and evaluation shall be conducted under a
broad range of operating conditions, including variable weather
conditions, low-altitude flight, high-altitude flight, during
weapons employment, at critical phases of flight such as take-
off and landing, and in other challenging environments and
operating flight conditions.
(3) The testing and evaluation shall assess operational
flight environments for the pilot that replicate expected
conditions and durations for high gravitational force loading,
rapid changes in altitude, rapid changes in airspeed, and
varying degrees of moderate gravitational force loading.
(4) A diverse group of F-35 pilots shall participate in the
testing and evaluation, including--
(A) pilots who are test-qualified and pilots who
are not test-qualified
(B) pilots who vary in gender, physical
conditioning, height, weight, and age, and any other
attributes that the Secretary determines to be
appropriate.
(5) The F-35A, F-35B, and F-35C aircraft involved in the
testing and evaluation shall perform operations with
operationally representative and realistic aircraft
configurations.
(6) The testing and evaluation shall include assessments of
pilot life support gear and relevant equipment, including the
pilot breathing mask apparatus.
(7) The testing and evaluation shall include testing data
from pilot reports, measurements of breathing pressures and air
delivery response timing and flow, cabin pressure, air-speed,
acceleration, measurements of hysteresis during all phases of
flight, measurements of differential pressure between mask and
cabin altitude, and measurements of spirometry and specific
oxygen saturation levels of the pilot immediately before and
immediately after each flight.
(8) The analysis of the safety and effectiveness of the
breathing system shall thoroughly assess any physiological
effects reported by pilots, including effects on health,
fatigue, cognition, and perception of any breathing difficulty.
(9) The testing and evaluation shall include the
participation of subject matter experts who have familiarity
and technical expertise regarding design and functions of the
F-35 aircraft, its propulsion system, pilot breathing system,
life support equipment, human factors, and any other systems or
subject matter the Secretary determines necessary to conduct
effective testing and evaluation. At a minimum, such subject
matter experts shall include aerospace physiologists,
engineers, flight surgeons, and scientists.
(10) In carrying out the testing and evaluation, the
Secretary of Defense may seek technical support and subject
matter expertise from the Naval Air Systems Command, the Air
Force Research Laboratory, the Office of Naval Research, the
National Aeronautics and Space Administration, and any other
organization or element of the Department of Defense or the
National Aeronautics and Space Administration that the
Secretary, in consultation with the Administrator of the
National Aeronautics and Space Administration, determines
appropriate to support the testing and evaluation.
(c) Corrective Actions.--Not later than 90 days after the submittal
of the final report under subsection (e), the Secretary of Defense
shall take such actions as are necessary to correct all deficiencies,
shortfalls, and gaps in the breathing system that were discovered or
reported as a result of the testing and evaluation under subsection
(a).
(d) Preliminary Report.--Not later than one year after the
commencement of the testing and evaluation under subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a preliminary report, based on the initial results of such
testing and evaluation, that includes findings, recommendations, and
potential corrective actions to address deficiencies in the breathing
system.
(e) Final Report.--Not later than two years after the commencement
of the testing and evaluation under subsection (a), the Secretary of
Defense shall submit to the congressional defense committees a final
report that includes, based on the final results of such testing and
evaluation--
(1) findings and recommendations with respect to the
breathing system; and
(2) a description of the specific actions the Secretary
will carry out to correct deficiencies in the breathing system,
as required under subsection (c).
(f) Independent Review of Final Report.--
(1) In general.--The Secretary of Defense, in consultation
with the Administrator of the National Aeronautics and Space
Administration, shall seek to enter into an agreement with a
federally funded research and development center with relevant
expertise to conduct an independent sufficiency review of the
final report submitted under subsection (e).
(2) Report to secretary.--Not later than seven months after
the date on which the Secretary of Defense enters into an
agreement with a federally funded research and development
center under paragraph (1), the center shall submit to the
Secretary a report on the results of the review conducted under
such paragraph.
(3) Report to congress.--Not later than 30 days after the
date on which the Secretary of Defense receives the report
under paragraph (2), the Secretary shall submit the report to
the congressional defense committees.
SEC. 220. IDENTIFICATION OF THE HYPERSONICS FACILITIES AND CAPABILITIES
OF THE MAJOR RANGE AND TEST FACILITY BASE.
(a) Identification Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall--
(1) identify each facility and capability of the Major
Range and Test Facility Base that is primarily concerned with
the ground-based simulation of hypersonic atmospheric flight
conditions and the test and evaluation of hypersonic technology
in open air flight; and
(2) identify such facilities and capabilities that the
Secretary would propose to designate, collectively, as the
``Hypersonics Facility Base''.
(b) Major Range and Test Facility Base.--In this section, the term
``Major Range and Test Facility Base'' has the meaning given that term
in section 196(i) of title 10, United States Code.
SEC. 221. REQUIREMENT TO MAINTAIN ACCESS TO CATEGORY 3 SUBTERRANEAN
TRAINING FACILITY.
(a) Requirement to Maintain Access.--The Secretary of Defense shall
ensure that the Department of Defense maintains access to a covered
category 3 subterranean training facility on a continuing basis.
(b) Authority to Enter Into Lease.--The Secretary of Defense is
authorized to enter into a short-term lease with a provider of a
covered category 3 subterranean training facility for purposes of
compliance with subsection (a).
(c) Covered Category 3 Subterranean Training Facility Defined.--In
this section, the term ``covered category 3 subterranean training
facility'' means a category 3 subterranean training facility that is--
(1) operational as of the date of the enactment of this
Act; and
(2) deemed safe for use as of such date.
SEC. 222. PROHIBITION ON REDUCTION OF NAVAL AVIATION TESTING AND
EVALUATION CAPACITY.
(a) Prohibition.--During the period beginning on the date of the
enactment of this Act and ending on October 1, 2022, the Secretary of
the Navy may not take any action that would reduce, below the levels
authorized and in effect on October 1, 2020, any of the following:
(1) The aviation-related operational testing and evaluation
capacity of the Department of the Navy.
(2) The billets assigned to support such capacity.
(3) The aviation force structure, aviation inventory, or
quantity of aircraft assigned to support such capacity,
including rotorcraft and fixed-wing aircraft.
(b) Report Required.--Not later than June 30, 2022, the Director of
Operational Test and Evaluation shall submit to the congressional
defense committees a report that assesses each of the following as of
the date of the report:
(1) The design and effectiveness of the testing and
evaluation infrastructure and capacity of the Department of the
Navy, including an assessment of whether such infrastructure
and capacity is sufficient to carry out the acquisition and
sustainment testing required for the aviation-related programs
of the Department of Defense and the naval aviation-related
programs of the Department of the Navy.
(2) The plans of the Secretary of the Navy to reduce the
testing and evaluation capacity and infrastructure of the Navy
with respect to naval aviation in fiscal year 2022 and
subsequent fiscal years, as specified in the budget of the
President submitted to Congress on May 28, 2021.
(3) The technical, fiscal, and programmatic issues and
risks associated with the plans of the Secretary of the Navy to
delegate and task operational naval aviation units and
organizations to efficiently and effectively execute testing
and evaluation master plans for various aviation-related
programs and projects of the Department of the Navy.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN C-130
AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Navy may be
obligated or expended to procure a C-130 aircraft for testing and
evaluation as a potential replacement for the E-6B aircraft until the
date on which the Secretary of the Navy submits to the congressional
defense committees a report that includes the following information:
(1) The unit cost of each such C-130 test aircraft.
(2) The life cycle sustainment plan for such C-130
aircraft.
(3) A statement indicating whether such C-130 aircraft will
be procured using multiyear contracting authority under section
2306b of title 10, United States Code.
(4) The total amount of funds needed to complete the
procurement of such C-130 aircraft.
SEC. 224. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B AIRCRAFT
PROGRAM PENDING SUBMISSION OF DOCUMENTATION.
(a) Documentation Required.--The Secretary of the Air Force shall
submit to the congressional defense committees an integrated master
schedule for the VC-25B presidential aircraft recapitalization program
of the Air Force.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Air Force
for the VC-25B aircraft, not more than 50 percent may be obligated or
expended until the date on which the Secretary of the Air Force submits
to the congressional defense committees the documentation required
under subsection (a).
SEC. 225. FUNDING FOR HYPERSONICS ADVANCED MANUFACTURING.
(a) In General.--Of the funds authorized to be appropriated by
section 201 for research, development, test, and evaluation, Defense-
wide, as specified in the corresponding funding table in section 4201,
for advanced technology development for the Defense-wide manufacturing
science and technology program, line 050 (PE0603680D8Z), $15,000,000 is
authorized to be used in support of hypersonics advanced manufacturing.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Space Force, as specified in
the corresponding funding table in section 4301, for contractor
logistics and system support, line 080, is hereby reduced by
$15,000,000.
SEC. 226. FUNDING INCREASE FOR 3D PRINTING OF INFRASTRUCTURE.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201, as specified in the corresponding funding table in section
4201, line 038 (PE 0603119A), is hereby increased by $12,500,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
Integrated Personnel and Pay System - Army (IPPS-A), line 121, is
hereby reduced by $12,500,000.
SEC. 227. FUNDING INCREASE FOR COLD WEATHER CAPABILITIES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Air Force,
as specified in the corresponding funding table in section 4201, for
applied research, materials, line 005 (PE 0602102F), is hereby
increased by $7,500,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
Integrated Personnel and Pay System - Army (IPPS-A), line 121, is
hereby reduced by $7,500,000.
SEC. 228. FUNDING FOR SOLDIER LETHALITY TECHNOLOGY.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
advanced technology development, soldier lethality advanced technology
(PE0603118A), line 037, is hereby increased by $8,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Space Force, as specified in
the corresponding funding table in section 4301, for contractor
logistics and system support, line 080, is hereby reduced by
$8,000,000.
SEC. 229. PILOT PROGRAM ON DATA LIBRARIES FOR TRAINING ARTIFICIAL
INTELLIGENCE MODELS.
(a) Data Libraries.--The Secretary of Defense, acting through the
Director of the Joint Artificial Intelligence Center, is authorized to
carry out a pilot program under which Secretary may--
(1) establish data libraries containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
(2) allow private companies to access such data libraries
for the purposes of developing artificial intelligence models
and other technical software solutions.
(b) Objectives.--The objective of the pilot program under
subsection (a) shall be to ensure that the Department of Defense is
able to procure optimal artificial intelligence and machine learning
software capabilities that can quickly scale to meet the needs of the
Department.
(c) Elements.--If the Secretary of Defense elects to carry out the
pilot program under subsection (a), the data libraries established
under the program--
(1) may include unclassified data stacks representative of
diverse types of information, such as aerial imagery, radar,
synthetic aperture radar, captured exploitable material,
publicly available information, and as many other data types
the Secretary determines appropriate; and
(2) shall be made available to covered software companies
beginning immediately upon the covered software company
entering into a contract or agreement with the Secretary to
support rapid development of high-quality software.
(d) Availability.--If the Secretary of Defense elects to carry out
the pilot program under subsection (a), the Secretary, acting through
the Chief Information Officer of the Department, shall ensure that the
data libraries established under the program are available to covered
software companies by not later than 180 days after the date on which
the program is commenced.
(e) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees a briefing on implementing this section, including
an identification of the types of information that the Secretary
determines are feasible and advisable to include in the data stacks
under subsection (b)(1).
SEC. 229A. ESTABLISHMENT OF QUANTUM NETWORK TESTBED PROGRAM FOR
DEPARTMENT OF AIR FORCE.
(a) In General.--The Secretary of the Air Force may establish a
program to develop a proof-of-concept quantum network testbed that may
be accessed by prototype quantum computers.
(b) Funding for Quantum Network Testbed Program.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation Air Force applied research, line 014, as
specified in the corresponding funding table in section 4201,
for dominant information sciences and methods is hereby
increased by $10,000,000 (to be used to in support of the
quantum network and computing testbed program under this
section).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
space force, as specified in the corresponding funding table in
section 4301, contractor logistics and system support, line
080, is hereby reduced by $10,000,000.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF OPERATIONAL
TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is amended by
striking ``, through January 31, 2026''.
SEC. 232. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUISITION STRATEGY FOR
THE F-35A AIRCRAFT.
(a) In General.--Not later than 14 days after the date on which the
budget of the President for fiscal year 2023 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report on the integration of the
Adaptive Engine Transition Program propulsion system into the F-35A
aircraft.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A competitive acquisition strategy, informed by fiscal
considerations, to--
(A) integrate the Adaptive Engine Transition
Program propulsion system into the F-35A aircraft; and
(B) begin, in fiscal year 2027, activities to
retrofit all F-35A aircraft with such propulsion
system.
(2) An implementation plan to implement such strategy.
(3) A schedule annotating pertinent milestones and yearly
fiscal resource requirements for the implementation of such
strategy.
SEC. 233. ADVANCED PROPULSION SYSTEM ACQUISITION STRATEGY FOR THE F-35B
AND F-35C AIRCRAFT.
(a) In General.--Not later than 14 days after the date on which the
budget of the President for fiscal year 2023 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the Secretary
of the Navy, in consultation with the Under Secretary of Defense for
Acquisition and Sustainment, shall submit to the congressional defense
committees a report on the integration of the Adaptive Engine
Transition Program (referred to in this section as ``AETP'') propulsion
system or other advanced propulsion system into F-35B and F-35C
aircraft.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An analysis of the impact on combat effectiveness and
sustainment cost from increased thrust, fuel efficiency, and
thermal capacity for each variant of the F-35, to include the
improvements on acceleration, speed, range, and overall mission
effectiveness, of each advanced propulsion system.
(2) An assessment in the reduction on the dependency on
support assets, to include air refueling and replenishment
tankers, and the overall cost benefits to the Department from
reduced acquisition and sustainment of such support assets,
from the integration of each advanced propulsion system.
(3) A competitive acquisition strategy, informed by fiscal
considerations, the assessment on combat effectiveness, and
technical limitations, to--
(A) integrate an advanced propulsion system into
the F-35B aircraft and integrate an advanced propulsion
system into the F-35C aircraft;
(B) begin, in a fiscal year as determined by a cost
benefit analysis, activities to produce all F-35B
aircraft and all F-35C aircraft with such propulsion
systems; and
(C) begin, in a fiscal year and quantity as
determined by a cost benefit analysis, activities to
retrofit F-35B aircraft and F-35C aircraft with such
propulsion systems.
(4) An implementation plan to implement the strategy
described in paragraph (3).
(5) A schedule annotating pertinent milestones and yearly
fiscal resource requirements for the implementation of such
strategy.
(c) Definitions.--In this section:
(1) The term ``variant of the F-35'' means:
(A) the F-35B; and
(B) the F-35C.
(2) The term ``advanced propulsion system'' means:
(A) the Adaptive Engine Transition Program
propulsion system; or
(B) a derivative of a propulsion system developed
for the F-35.
SEC. 234. ASSESSMENT AND REPORT ON AIRBORNE ELECTRONIC ATTACK
CAPABILITIES AND CAPACITY.
(a) Assessment.--The Secretary of the Air Force shall conduct an
assessment of--
(1) the status of the airborne electronic attack
capabilities and capacity of the Air Force; and
(2) the feasibility and advisability of adapting the ALQ-
249 Next Generation Jammer for use on Air Force tactical
aircraft, including an analysis of--
(A) the suitability of the jammer for use on such
aircraft;
(B) the compatibility of the jammer with such
aircraft; and
(C) identification of any unique hardware,
software, or interface modifications that may be
required to integrate the jammer with such aircraft.
(b) Report.--Not later than February 15, 2022, the Secretary of the
Air Force shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the results of the
assessment conducted under subsection (a).
SEC. 235. STRATEGY FOR AUTONOMY INTEGRATION IN MAJOR WEAPON SYSTEMS.
(a) Strategy Required.--Not later than one year after the date of
the enactment of this Act the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a strategy to resource and integrate, to the maximum extent possible,
autonomy software that enables full operational capability in high
threat, communications and GPS-denied environments into major weapons
systems of the Department of Defense by fiscal year 2025.
(b) Elements.--The strategy required under subsection (a) shall
include--
(1) a list of weapon systems and programs, to be selected
by the Secretary of Defense, which can be integrated with
autonomy software as described in subsection (a) by fiscal year
2025;
(2) timelines for autonomy software integration into the
weapon systems and programs as identified under paragraph (1);
(3) funding requirements related to the development,
acquisition, and testing of autonomy software;
(4) plans to leverage commercially-available artificial
intelligence software, universal common control software, and
autonomy software and related self-driving or self-piloting
technologies, where appropriate; and
(5) plans to include autonomy software, artificial
intelligence, and universal common control.
(6) Plans for ensuring the safety and security of major
weapon systems equipped with autonomy software, including plans
for testing, evaluation, validation, and verification of such
systems.
(c) Consultation.--The Secretary shall develop the strategy
required under subsection (a) in consultation with--
(1) the Under Secretary of Defense for Research and
Engineering;
(2) the Secretaries of the military departments; and
(3) such other organizations and elements of the Department
of Defense as the Secretary determines appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date on
which the strategy required under subsection (a) is submitted
to the Committees on Armed Services of the Senate and House of
Representatives, and not later than October 1 of each of the
five years thereafter, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report that describes the status of the
implementation of the strategy.
(2) Contents.--The report required under paragraph (1)
shall--
(A) identify any substantial changes made in the
strategy during the preceding calendar year; and
(B) describe the progress made in implementing the
strategy.
(e) Form.--The strategy required under subsection (a) and the
report required under subsection (d) shall be submitted in unclassified
form but may contain a classified annex.
SEC. 236. ROADMAP FOR RESEARCH AND DEVELOPMENT OF DISRUPTIVE
MANUFACTURING CAPABILITIES.
(a) Roadmap.--The Under Secretary of Defense for Research and
Engineering, in consultation with the Department of Defense
Manufacturing Innovation Institutes, shall develop a capabilities
integration roadmap for disruptive manufacturing technologies including
workforce skills needed to support it and proposed pilot-scale
demonstration projects proving concepts, models, technologies, and
engineering barriers.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research and
Engineering shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the roadmap
developed under subsection (a).
SEC. 237. BIENNIAL ASSESSMENTS OF THE AIR FORCE RESEARCH LABORATORY,
AEROSPACE SYSTEMS DIRECTORATE, ROCKET PROPULSION
DIVISION.
(a) Assessments Required.--Not later than 30 days after the date on
which the President's budget is submitted to Congress under section
1105(a) of title 31, United States Code, for each of fiscal years 2023
and 2025, the Secretary of the Air Force shall submit to the
congressional defense committees an assessment of the Air Force
Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion
Division.
(b) Elements.--Each assessment under subsection (a) shall include,
for the period covered by the assessment, a description of--
(1) any challenges of the Air Force Research Laboratory,
Aerospace Systems Directorate, Rocket Propulsion Division with
respect to completing its mission, including with respect to
test activities and infrastructure; and
(2) the plan of the Secretary to address such challenges.
SEC. 238. REPORT DETAILING COMPLIANCE WITH DISCLOSURE REQUIREMENTS FOR
RECIPIENTS OF RESEARCH AND DEVELOPMENT FUNDS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report detailing compliance with the disclosure
requirements for recipients of research and development funds required
under section 2374b of title 10, United States Code.
SEC. 239. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE
LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate the
ability to deploy additive manufacturing capabilities in
expeditionary settings and strengthen the United States defense
industrial supply chain; and
(2) Congress and the Department of Defense should continue
to support the additive manufacturing and machine learning
initiative of the Army.
SEC. 240. RESEARCH SECURITY TRAINING REQUIREMENT FOR FEDERAL RESEARCH
GRANT PERSONNEL.
(a) Annual Training Requirement.--Drawing on stakeholder input, not
later than 12 months after the date of the enactment of this Act, each
Federal research agency shall establish a requirement that, as part of
an application for a research and development award from the agency--
(1) each covered individual listed on the application for a
research and development award certify that they have completed
research security training that meets the guidelines developed
under subsection (b) within one year of the application; and
(2) each institution of higher education or other
organization applying for such an award certify that each
covered individual who is employed by the institution or
organization and listed on the application has been made aware
of the requirement under this subsection.
(b) Training Guidelines.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council and in accordance with the authority provided under section
1746(a) of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note), shall develop guidelines for
institutions of higher education and other organizations receiving
Federal research and development funds to use in developing their own
training programs to address the unique needs, challenges, and risk
profiles of such institutions, including adoption of training modules
developed under subsection (c).
(c) Security Training Modules.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy in coordination with the Director
of the National Science Foundation and the Director of the
National Institute of Health, and in consultation with other
relevant Federal research agencies, shall enter into an
agreement or contract with a qualified entity for the
development of online research security training modules for
the research community, including modules focused on
international collaboration and international travel, foreign
interference, and rules for proper use of funds, disclosure,
conflict of commitment, and conflict of interest.
(2) Stakeholder input.--Prior to entering into the
agreement under paragraph (1), the Director of the Office of
Science and Technology Policy shall seek input from academic,
private sector, intelligence, and law enforcement stakeholders
regarding the scope and content of training modules, including
the diversity of needs across institutions of higher education
and other awardees of different sizes and types, and
recommendations for minimizing administrative burden on
institutions of higher education and researchers.
(3) Development.--The Director of the Office of Science and
Technology Policy shall ensure that the entity identified in
paragraph (1)--
(A) develops modules that can be adapted and
utilized across Federal science agencies; and
(B) develops and implements a plan for regularly
updating the modules as needed.
(d) Constistency.--The Director of the Office of Science and
Technology Policy shall ensure that the training requirements issued by
Federal research agencies under subsection (a) are consistent.
(e) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
who--
(A) contributes in a substantive, meaningful way to
the scientific development or execution of a research
and development project proposed to be carried out with
a research and development award from a Federal
research agency; and
(B) is designated as a covered individual by the
Federal research agency concerned.
(2) The term ``Federal research agency'' means any Federal
agency with an annual extramural research expenditure of over
$100,000,000.
(3) The term ``research and development award'' means
support provided to an individual or entity by a Federal
research agency to carry out research and development
activities, which may include support in the form of a grant,
contract, cooperative agreement, or other such transaction. The
term does not include a grant, contract, agreement or other
transaction for the procurement of goods or services to meet
the administrative needs of a Federal research agency.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance for Army base operations
support, line 100, as specified in the corresponding funding table in
section 4301, for Army Community Services, line 110, is hereby
increased by $30,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Army, as specified in the
corresponding funding table in section 4301, for Army Administration,
line 440, is hereby reduced by $15,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Army, as specified in the
corresponding funding table in section 4301, for Army Other Service
Support, line 480, is hereby reduced by $15,000,000.
SEC. 303. INCREASE IN FUNDING FOR CIVIL MILITARY PROGRAMS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Civil Military
Programs is hereby increased by $35,281,000 (to be used in support of
the National Guard Youth Challenge Program).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for Office of
Secretary of Defense, Line 540, is hereby reduced by $35,281,000.
Subtitle B--Energy and Environment
SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLATION RESILIENCE IN
THE NATIONAL DEFENSE STRATEGY AND ASSOCIATED DOCUMENTS.
(a) National Defense Strategy and Defense Planning Guidance.--
Section 113(g) of title 10, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by striking ``actors,'' and
inserting ``actors, and the current or projected
threats to military installation resilience,''; and
(B) by inserting after clause (ix), the following
new clause:
``(x) Strategic goals to address or
mitigate the current and projected risks to
military installation resilience.''.
(2) in paragraph (2)(A), in the matter preceding clause
(i), by striking ``priorities,'' and inserting ``priorities,
including priorities relating to the current or projected risks
to military installation resilience,''.
(b) National Defense Sustainment and Logistics Review.--
(1) In general.--The first section 118a of such title is
amended--
(A) in subsection (a), by striking
``capabilities,'' and inserting ``capabilities,
response to risks to military installation
resilience,'';
(B) by redesignating such section, as amended by
subparagraph (A), as section 118b; and
(C) by moving such section so as to appear after
section 118a.
(2) Clerical and conforming amendments.--
(A) Clerical amendments.--The table of sections for
chapter 2 of such title is amended--
(i) by striking the first item relating to
section 118a; and
(ii) by inserting after the item relating
to section 118a the following new item:
``118b. National Defense Sustainment and Logistics Review.''.
(B) Conforming amendment.--Section 314(c) of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended by striking ``section 118a'' and
inserting ``section 118b''.
(c) Chairman's Risk Assessment.--Section 153(b)(2)(B) of title 10,
United States Code, is amended by inserting after clause (vi) the
following new clause:
``(vii) Identify and assess risk resulting from, or
likely to result from, current or projected effects on
military installation resilience.''.
(d) Strategic Decisions Relating to Military Installations.--The
Secretary of each military department, with respect to any installation
under the jurisdiction of that Secretary, and the Secretary of Defense,
with respect to any installation of the Department of Defense that is
not under the jurisdiction of the Secretary of a military department,
shall consider the risks associated with military installation
resilience when making any strategic decision relating to such
installation, including where to locate such installation and where to
position equipment, infrastructure, and other military assets on such
installation.
(e) National Defense Strategy and National Military Strategy.--The
Secretary of Defense, in coordination with the heads of such other
Federal agencies as the Secretary determines appropriate, shall
incorporate the security implications of military installation
resilience into the National Defense Strategy and the National Military
Strategy.
(f) National Security Planning Documents.--The Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall consider the
security implications associated with military installation resilience
in developing the Defense Planning Guidance under section 113(g)(2) of
title 10, United States Code, the Risk Assessment of the Chairman of
the Joint Chiefs of Staff under section 153(b)(2) of such title, and
other relevant strategy, planning, and programming documents and
processes.
(g) Campaign Plans of Combatant Commands.--The Secretary of Defense
shall ensure that the national security implications associated with
military installation resilience are integrated into the campaign plans
of the combatant commands.
(h) Report on Security Implications Associated With Military
Installation Resilience.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report describing how the aspects of military
installation resilience have been incorporated into modeling,
simulation, war-gaming, and other analyses by the Department of
Defense.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(i) Annual Report on Readiness Impacts of Military Installation
Resilience on Military Assets and Capabilities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report containing information (disaggregated by
military department) as follows:
(A) A description of the effects on military
readiness, and an estimate of the financial costs to
the Department of Defense, reasonably attributed to
adverse impacts to military installation resilience
during the year preceding the submission of the report,
including loss of or damage to military networks,
systems, installations, facilities, and other assets
and capabilities of the Department; and
(B) An assessment of vulnerabilities to military
installation resilience.
(2) Use of assessment tool.--The Secretary shall use the
Climate Vulnerability and Risk Assessment Tool of the
Department (or such successor tool) in preparing each report
under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``military installation resilience'' has the
meaning given that term in section 101(e) of title 10, United
States Code.
(2) The term ``National Defense Strategy'' means the
national defense strategy under section 113(g)(1) of such
title.
(3) The term ``National Military Strategy'' means the
national military strategy under section 153(b) of such title.
SEC. 312. MODIFICATION OF AUTHORITIES GOVERNING CULTURAL AND
CONSERVATION ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 2694 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
Sentinel Landscape'' after ``military
department''; and
(ii) in subparagraph (B), by inserting ``or
that would contribute to maintaining or
improving military installation resilience''
after ``military operations'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or
nature-based climate resilience plans'' after
``land management plans''; and
(ii) by amending subparagraph (F) to read
as follows:
``(F) The implementation of ecosystem-wide land management
plans--
``(i) for a single ecosystem that--
``(I) encompasses at least two non-
contiguous military installations, if those
military installations are not all under the
administrative jurisdiction of the same
Secretary of a military department; and
``(II) provides synergistic benefits
unavailable if the installations acted
separately; or
``(ii) for one or more ecosystems within a
designated Sentinel Landscape.''; and
(2) by adding at the end the following new subsection:
``(e) Definition of Sentinel Landscape.--In this section, the term
`Sentinel Landscape' means a landscape-scale area encompassing--
``(1) one or more military installations or State-owned
National Guard installations and associated airspace; and
``(2) the working or natural lands that serve to protect
and support the rural economy, the natural environment, outdoor
recreation, and the national defense test and training missions
of the military or State-owned National Guard installation or
installations.''.
(b) Preservation of Sentinel Landscapes.--Section 317 of the
National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C.
2684a note) is amended--
(1) in subsection (c)--
(A) by inserting ``resilience,'' after ``mutual
benefit of conservation,'';
(B) by inserting ``, resilience,'' after
``voluntary land management''; and
(C) by adding at the end the following new
sentence: ``The Secretary of Defense shall include
information concerning the activities taken pursuant to
the Sentinel Landscapes Partnership in the annual
report to Congress submitted pursuant to section
2684a(g) of title 10, United States Code.'';
(2) in subsection (d), in the second sentence, by inserting
``by an eligible landowner or agricultural producer'' after
``Participation'';
(3) by redesignating subsection (e) as subsection (f);
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Participation by Other Agencies.--To the extent practicable,
the Secretary of Defense shall seek the participation of other Federal
agencies in the Sentinel Landscape Partnership and encourage such
agencies to become full partners in the Partnership.''; and
(5) in subsection (f), by adding at the end the following
new paragraph:
``(4) Resilience.--The term `resilience' means the
capability to avoid, prepare for, minimize the effect of, adapt
to, and recover from extreme weather events, flooding,
wildfires, or other anticipated or unanticipated changes in
environmental conditions.''.
SEC. 313. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION
PROJECTS OF NATIONAL GUARD.
Section 2707(e)(1) of title 10, United States Code, is amended by
striking ``in response to perfluorooctanoic acid or perfluorooctane
sulfonate contamination under this chapter or CERCLA''.
SEC. 314. PROHIBITION ON USE OF OPEN-AIR BURN PITS IN CONTINGENCY
OPERATIONS OUTSIDE THE UNITED STATES.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2714. Prohibition on use of open-air burn pits
``(a) In General.--Except as provided in subsection (b), beginning
on January 1, 2023, the disposal of covered waste by the Department of
Defense in an open-air burn pit located outside of the United States
during a contingency operation is prohibited.
``(b) Waiver.--The President may exempt a location from the
prohibition under subsection (a) if the President determines such an
exemption is in the paramount interest of the United States.
``(c) Report.--(1) Not later than 30 days after granting an
exemption under subsection (b) with respect to the use of an open-air
burn pit at a location, the President shall submit to Congress a
written report that identifies--
``(A) the location of the open-air burn pit;
``(B) the number of personnel of the United States assigned
to the location where the open-air burn pit is being used;
``(C) the size and expected duration of use of the open-air
burn pit;
``(D) the personal protective equipment or other health
risk mitigation efforts that will be used by members of the
armed forces when airborne hazards are present, including how
such equipment will be provided when required; and
``(E) the need for the open-air burn pit and rationale for
granting the exemption.
``(2) A report submitted under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
``(d) Definition of Covered Waste.--In this section, the term
`covered waste' includes--
``(1) hazardous waste, as defined by section 1004(5) of the
Solid Waste Disposal Act (42 U.S.C. 6903(5));
``(2) medical waste;
``(3) tires;
``(4) treated wood;
``(5) batteries;
``(6) plastics, except insignificant amounts of plastic
remaining after a good-faith effort to remove or recover
plastic materials from the solid waste stream;
``(7) munitions and explosives, except when disposed of in
compliance with guidance on the destruction of munitions and
explosives contained in the Department of Defense Ammunition
and Explosives Safety Standards, DoD Manual 6055.09-M;
``(8) compressed gas cylinders, unless empty with valves
removed;
``(9) fuel containers, unless completely evacuated of its
contents;
``(10) aerosol cans;
``(11) polychlorinated biphenyls;
``(12) petroleum, oils, and lubricants products (other than
waste fuel for initial combustion);
``(13) asbestos;
``(14) mercury;
``(15) foam tent material;
``(16) any item containing any of the materials referred to
in a preceding paragraph; and
``(17) other waste as designated by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2714. Prohibition on use of open-air burn pits.''.
(c) Conforming Repeal.--Effective January 1, 2023, section 317 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 10 U.S.C. 2701 note) is repealed.
SEC. 315. MAINTENANCE OF CURRENT ANALYTICAL TOOLS FOR EVALUATION OF
ENERGY RESILIENCE MEASURES.
(a) In General.--Section 2911 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(i) Analytical Tools for Evaluation of Energy Resilience
Measures.--(1) The Secretary of Defense shall develop and implement a
process to ensure that the Department of Defense, in the evaluation of
energy resilience measures on military installations, uses analytical
tools that are accurate and effective in projecting the costs and
performance of such measures.
``(2) Analytical tools specified in paragraph (1) shall be--
``(A) designed to--
``(i) provide an accurate projection of the costs
and performance of the energy resilience measure being
analyzed;
``(ii) be used without specialized training; and
``(iii) produce resulting data that is
understandable and usable by the typical source
selection official;
``(B) consistent with standards and analytical tools
commonly applied by the Department of Energy and by commercial
industry;
``(C) adaptable to accommodate a rapidly changing
technological environment;
``(D) peer-reviewed for quality and precision and measured
against the highest level of development for such tools; and
``(E) periodically reviewed and updated, but not less
frequently than once every three years.''.
(b) Report.--Not later than September 30, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on the implementation of the
requirements under section 2911(i) of title 10, United States Code, as
added by subsection (a).
SEC. 316. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT OF DEFENSE DATA
CENTERS.
(a) Energy Efficiency Targets for Data Centers.--
(1) In general.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2921. Energy efficiency targets for data centers
``(a) Covered Data Centers.--(1) For each covered data center, the
Secretary shall--
``(A) develop a power usage effectiveness target for the
data center, based on location, resiliency, industry standards,
and best practices;
``(B) develop a water usage effectiveness target for the
data center, based on location, resiliency, industry standards,
and best practices;
``(C) develop other energy efficiency or water usage
targets for the data center based on industry standards and
best practices, as applicable to meet energy efficiency and
resiliency goals;
``(D) identify potential renewable or clean energy
resources, or related technologies such as advanced battery
storage capacity, to enhance resiliency at the data center,
including potential renewable or clean energy purchase targets
based on the location of the data center; and
``(E) identify any statutory, regulatory, or policy
barriers to meeting any target under any of subparagraphs (A)
through (C).
``(2) In this subsection, the term `covered data center' means a
data center of the Department that--
``(A) is one of the 50 data centers of the Department with
the highest annual power usage rates; and
``(B) has been established before the date of the enactment
of this section.
``(b) New Data Centers.--(1) Except as provided in paragraph (2),
in the case of any Department data center established on or after the
date of the enactment of this section, the Secretary shall establish
energy, water usage, and resiliency-related standards that the data
center shall be required to meet based on location, resiliency,
industry standards, and best practices. Such standards shall include--
``(A) power usage effectiveness standards;
``(B) water usage effectiveness standards; and
``(C) any other energy or resiliency standards the
Secretary determines are appropriate.
``(2) The Secretary may waive the requirement for a Department data
center established on or after the date of the enactment of this
section to meet the standards established under paragraph (1) if the
Secretary--
``(A) determines that such waiver is in the national
security interest of the United States; and
``(B) submits to the Committee on Armed Services of the
House of Representatives notice of such waiver and the reasons
for such waiver.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2920 the following new item:
``2921. Energy efficiency targets for data centers.''.
(b) Inventory of Data Facilities.--
(1) Inventory required.--By not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall conduct an inventory of all data centers owned or
operated by the Department of Defense. Such survey shall
include the following:
(A) A list of data centers owned or operated by the
Department of Defense.
(B) For each such data center, the earlier of the
following dates:
(i) The date on which the data center was
established.
(ii) The date of the most recent capital
investment in new power, cooling, or compute
infrastructure at the data center.
(C) The total average annual power use, in
kilowatts, for each such data center.
(D) The number of data centers that measure power
usage effectiveness (hereinafter in this section
referred to as ``PUE'') and for each such data center,
the PUE for the center.
(E) The number of data centers that measure water
usage effectiveness (hereinafter in this section
``WUE'') and, for each such data center, the WUE for
the center.
(F) A description of any other existing energy
efficiency or efficient water usage metrics used by any
data center and the applicable measurements for any
such center.
(G) An assessment of the facility resiliency of
each data center, including redundant power and cooling
facility infrastructure.
(H) Any other matters the Secretary determines are
relevant.
(2) Data center defined.--In this section, the term ``data
center'' has the meaning given such term in the most recent
Integrated Data Collection guidance of the Office of Management
and Budget.
(c) Report.--Not later than 180 days after the completion of the
inventory required under subsection (b), the Secretary of Defense shall
submit to the Committee on Armed Services of the House of
Representatives a report on the inventory and the energy assessment
targets under section 2921(a) of title 10, United States Code, as added
by subsection (a). Such report shall include each of the following:
(1) A timeline of necessary actions required to meet the
energy assessment targets for covered data centers.
(2) The estimated costs associated with meeting such
targets.
(3) An assessment of the business case for meeting such
targets, including any estimated savings in operational energy
and water costs and estimated reduction in energy and water
usage if the targets are met.
(4) An analysis of any statutory, regulatory, or policy
barriers to meeting such targets identified pursuant to section
2921(a)(E) of title 10, United States Code, as added by
subsection (a).
SEC. 317. MODIFICATION OF RESTRICTION ON DEPARTMENT OF DEFENSE
PROCUREMENT OF CERTAIN ITEMS CONTAINING PERFLUOROOCTANE
SULFONATE OR PERFLUOROOCTANOIC ACID.
Section 333 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in the section heading--
(A) by inserting ``or purchase'' after
``procurement''; and
(B) by striking ``perfluorooctane sulfonate or
perfluorooctanoic acid'' and inserting ``perfluoroalkyl
substances or polyfluoroalkyl substances'';
(2) in subsection (a), by striking ``perfluorooctane
sulfonate (PFOS) or perfluorooctanoic acid (PFOA)'' and
inserting ``any perfluoroalkyl substance or polyfluoroalkyl
substance''; and
(3) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Definitions.--In this section:
``(1) The term `covered item' means--
``(A) nonstick cookware or cooking utensils for use
in galleys or dining facilities;
``(B) upholstered furniture, carpets, and rugs that
have been treated with stain-resistant coatings;
``(C) food packaging materials;
``(D) furniture or floor waxes;
``(E) sunscreen;
``(F) umbrellas, luggage, or bags;
``(G) car wax and car window treatments;
``(H) cleaning products; and
``(I) shoes and clothing for which treatment with a
perfluoroalkyl substance or polyfluoroalkyl substance
is not necessary for an essential function.
``(2) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(3) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon atom
and at least one nonfluorinated carbon atom.''.
SEC. 318. TEMPORARY MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE
OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL SUBSTANCES,
AND AQUEOUS FILM FORMING FOAM.
(a) Temporary Moratorium.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense shall
prohibit the incineration of covered materials until the earlier of the
following:
(1) The date on which the Secretary submits to Committees
on Armed Services of the House of Representatives and the
Senate a certification that the Secretary is implementing the
interim guidance on the destruction and disposal of PFAS and
materials containing PFAS published by the Administrator of the
Environmental Protection Agency under section 7361 of the
National Defense Authorization Act for Fiscal Year 2020 (15
U.S.C. 8961) and complying with section 330 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 2701 note).
(2) The date on which the Administrator of the
Environmental Protection Agency publishes in the Federal
Register a final rule regarding the destruction and disposal of
such materials pursuant to such section.
(b) Required Adoption of Final Rule.--Upon publication of the final
rule specified in subsection (a)(2), the Secretary shall adopt such
final rule, regardless of whether the Secretary previously implemented
the interim guidance specified in subsection (a)(1).
(c) Report.--Not later than one year after the enactment of this
Act, and annually thereafter for three years, the Secretary shall
submit to the Administrator and the Committees on Armed Services of the
Senate and House of Representatives a report on all incineration by the
Department of Defense of covered materials during the year covered by
the report, including--
(1) the total amount of covered materials incinerated;
(2) the temperature range at which the covered materials
were incinerated;
(3) the locations and facilities where the covered
materials were incinerated;
(4) details on actions taken by the Department of Defense
to comply with section 330 of the National Defense
Authorization Act for Fiscal Year 2020; and
(5) recommendations for the safe storage of PFAS and PFAS-
containing materials until identified uncertainties are
addressed and appropriate destruction and disposal technologies
can be recommended.
(d) Scope.--The prohibition in subsection (a) and reporting
requirements in subsection (c) shall apply not only to materials sent
directly by the Department of Defense to an incinerator, but also to
materials sent to another entity or entities, including any waste
processing facility, subcontractor, or fuel blending facility.
(e) Definitions.--In this section:
(1) The term ``AFFF'' means aqueous film forming foam.
(2) The term ``covered material'' means any AFFF
formulation containing PFAS, material contaminated by AFFF
release, or spent filter or other PFAS-contaminated material
resulting from site remediation or water filtration that--
(A) has been used by the Department of Defense or a
military department;
(B) is being discarded for disposal by the
Department of Defense or a military department; or
(C) is being removed from sites or facilities owned
or operated by the Department of Defense.
(3) The term ``PFAS'' means per- or polyfluoroalkyl
substances.
SEC. 319. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF DEFENSE TESTING
OF WATER FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES
OR LEAD.
(a) Public Disclosure of PFAS and Lead Testing of Water.--
(1) In general.--Except as provided in paragraph (2), not
later than 10 days after the receipt of a validated result of
testing water for perfluoroalkyl or polyfluoroalkyl substances
(commonly referred to as ``PFAS'') or for lead in a covered
area, the Secretary of Defense shall publicly disclose such
validated result, including--
(A) the results of all such testing conducted in
the covered area by the Department of Defense; and
(B) the results of all such testing conducted in
the covered area by a non-Department entity (including
any Federal agency and any public or private entity)
under a contract, or pursuant to an agreement, with the
Department of Defense.
(2) Consent by private property owners.--The Secretary of
Defense may not publicly disclose the results of testing for
perfluoroalkyl or polyfluoroalkyl substances or lead conducted
on private property without the consent of the property owner.
(b) Public Disclosure of Planned Testing of Water.--Not later than
180 days after the date of the enactment of the Act, and every 90 days
thereafter, the Secretary of Defense shall publicly disclose the
anticipated timeline for, and general location of, any planned testing
for perfluoroalkyl or polyfluoroalkyl substances or lead proposed to be
conducted in a covered area, including--
(1) all such testing to be conducted by the Department of
Defense; and
(2) all such testing to be conducted by a non-Department
entity (including any Federal agency and any public or private
entity) under a contract, or pursuant to an agreement, with the
Department.
(c) Nature of Disclosure.--The Secretary of Defense may satisfy the
disclosure requirements under subsections (a) and (b) by publishing the
results and information referred to in such subsections--
(1) on the publicly available website established under
section 331(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C 2701 note);
(2) on another publicly available website of the Department
of Defense; or
(3) in the Federal Register.
(d) Local Notification.--Prior to conducting any testing of water
for perfluoroalkyl or polyfluoroalkyl substances or lead, including any
testing which has not been planned or publicly disclosed pursuant to
subsection (b), the Secretary of Defense shall provide notice of the
testing to--
(1) the managers of the public water system serving the
covered area where such testing is to occur;
(2) the heads of the municipal government serving the
covered area where such testing is to occur; and
(3) as applicable, the members of the restoration advisory
board for the military installation where such testing is to
occur.
(e) Methods for Testing.--In testing water for perfluoroalkyl or
polyfluoroalkyl substances or lead, the Secretary of Defense shall
adhere to methods for measuring the amount of such substances in
drinking water that have been validated by the Administrator of the
Environmental Protection Agency.
(f) Definitions.--In this section:
(1) The term ``covered area'' means an area in the United
States that is located immediately adjacent to and down
gradient from a military installation, a formerly used defense
site, or a facility where military activities are conducted by
the National Guard of a State pursuant to section 2707(e) of
title 10, United States Code.
(2) The term ``formerly used defense site'' means any site
formerly used by the Department of Defense or National Guard
eligible for environmental restoration by the Secretary of
Defense funded under the ``Environmental Restoration Account,
Formerly Used Defense Sites'' account established under section
2703(a)(5) of title 10, United States Code.
(3) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(4) The term ``perfluoroalkyl or polyfluoroalkyl
substance'' means any man-made chemical with at least one fully
fluorinated carbon atom.
(5) The term ``public water system'' has the meaning given
such term under section 1401(4) of the Safe Drinking Water Act
(42 U.S.C. 300f(4)).
(6) The term ``restoration advisory board'' means a
restoration advisory board established pursuant to section
2705(d) of title 10, United States Code.
SEC. 320. PFAS TESTING REQUIREMENTS.
Not later than two years after the date of the enactment of this
Act, the Secretary of Defense shall complete a preliminary assessment
and site inspection for PFAS, including testing for PFAS, at all
military installations, formerly used defense sites, and State-owned
facilities of the National Guard in the United States that have been
identified by the Secretary as of the date of the enactment of the Act.
SEC. 321. STANDARDS FOR RESPONSE ACTIONS WITH RESPECT TO PFAS
CONTAMINATION.
(a) In General.--In conducting a response action to address
perfluoroalkyl or polyfluoroalkyl substance contamination from
Department of Defense or National Guard activities, the Secretary of
Defense shall conduct such actions to achieve a level of such
substances in the environmental media that meets or exceeds the most
stringent of the following standards for each applicable covered PFAS
substance in any environmental media:
(1) A State standard, in effect in the State in which the
response action is being conducted, as described in section
121(d)(2)(A)(ii) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)).
(2) A Federal standard, as described in section
121(d)(2)(A)(i) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(i)).
(3) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(b) Definitions.--In this section:
(1) The term ``covered PFAS substance'' means any of the
following:
(A) Perfluorononanoic acid (PFNA).
(B) Perfluorooctanoic acid (PFOA).
(C) Perfluorohexanoic acid (PFHxA).
(D) Perfluorooctane sulfonic acid (PFOS).
(E) Perfluorohexane sulfonate (PFHxS).
(F) Perfluorobutane sulfonic acid (PFBS).
(G) GenX.
(2) The term ``response action'' means an action taken
pursuant to section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(c) Savings Clause.--Except with respect to the specific level
required to be met under subsection (a), nothing in this section
affects the application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
SEC. 322. REVIEW AND GUIDANCE RELATING TO PREVENTION AND MITIGATION OF
SPILLS OF AQUEOUS FILM-FORMING FOAM.
(a) Review Required.--Not later than 180 days of after the date of
the enactment of this Act, the Secretary of Defense shall complete a
review of the efforts of the Department of Defense to prevent or
mitigate spills of aqueous film-forming foam (in this section referred
to as ``AFFF''). Such review shall assess the following:
(1) The preventative maintenance guidelines for fire trucks
of the Department and fire suppression systems in buildings of
the Department, to mitigate the risk of equipment failure that
may result in a spill of AFFF.
(2) Any requirements for the use of personal protective
equipment by personnel when conducting a material transfer or
maintenance activity of the Department that may result in a
spill of AFFF, or when conducting remediation activities for
such a spill, including requirements for side-shield safety
glasses, latex gloves, and respiratory protection equipment.
(3) The methods by which the Secretary ensures compliance
with guidance specified in material safety data sheets with
respect to the use of such personal protective equipment.
(b) Guidance.--Not later than 90 days after the date on which the
Secretary completes the review under subsection (a), the Secretary
shall issue guidance on the prevention and mitigation of spills of AFFF
based on the results of such review that includes, at a minimum, best
practices and recommended requirements to ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance
activity of the Department of Defense that may result in such a
spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities for the Department in the vicinity of such drains or
basins.
(3) The storage of materials for the cleanup and
containment of AFFF in close proximity to fire suppression
systems in buildings of the Department and the presence of such
materials during any transfer or activity specified in
paragraph (1).
(c) Briefing.--Not later than 30 days after the date on which the
Secretary issues the guidance under subsection (b), the Secretary shall
provide to the congressional defense committees a briefing that
summarizes the results of the review conducted under subsection (a) and
the guidance issued under subsection (b).
SEC. 323. BUDGET INFORMATION FOR ALTERNATIVES TO BURN PITS.
The Secretary of Defense shall include in the budget submission of
the President under section 1105(a) of title 31, United States Code,
for fiscal year 2022 a dedicated budget line item for incinerators and
waste-to-energy waste disposal alternatives to burn pits.
SEC. 324. ESTABLISHMENT OF EMISSIONS CONTROL STANDARD OPERATING
PROCEDURES.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a review
of current electromagnetic spectrum emissions control standard
operating procedures across the joint force.
(b) Standards Required.--Not later than 60 days after completing
the review under subsection (a), the Secretary of Defense shall direct
the Secretary of each of the military departments to establish standard
operating procedures, down to the battalion or equivalent level,
pertaining to emissions control discipline during all manner of
operations.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the implementation status of the standards required under
subsection (b) by each of the military departments, including--
(1) incorporation into doctrine of the military
departments;
(2) integration into training of the military departments;
and
(3) efforts to coordinate with the militaries of partner
countries and allies to develop similar standards and
associated protocols, including through the use of working
groups.
SEC. 325. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.
(a) Establishment of Initiative.--Not later than March 1, 2022, the
Secretary of Defense shall establish a demonstration initiative
composed of demonstration projects focused on the development of long-
duration energy storage technologies.
(b) Selection of Projects.--To the maximum extent practicable, in
selecting demonstration projects to participate in the demonstration
initiative under subsection (a), the Secretary of Defense shall--
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level,
behind-the-meter, microgrid (grid-connected or islanded mode),
and off-grid applications.
(c) Joint Program.--
(1) Establishment.--As part of the demonstration initiative
under subsection (a), the Secretary of Defense, in consultation
with the Secretary of Energy, shall establish within the
Department of Defense a joint program to carry out projects--
(A) to demonstrate promising long-duration energy
storage technologies at different scales to promote
energy resiliency; and
(B) to help new, innovative long-duration energy
storage technologies become commercially viable.
(2) Memorandum of understanding.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall enter into a memorandum of understanding with the
Secretary of Energy to administer the joint program.
(3) Infrastructure.--In carrying out the joint program, the
Secretary of Defense and the Secretary of Energy shall--
(A) use existing test-bed infrastructure at--
(i) installations of the Department of
Defense; and
(ii) facilities of the Department of
Energy; and
(B) develop new infrastructure for identified
projects, if appropriate.
(4) Goals and metrics.--The Secretary of Defense and the
Secretary of Energy shall develop goals and metrics for
technological progress under the joint program consistent with
energy resilience and energy security policies.
(5) Selection of projects.--
(A) In general.--To the maximum extent practicable,
in selecting projects to participate in the joint
program, the Secretary of Defense and the Secretary of
Energy may--
(i) ensure that projects are carried out
under conditions that represent a variety of
environments with different physical conditions
and market constraints; and
(ii) ensure an appropriate balance of--
(I) larger, operationally-scaled
projects, adapting commercially-proven
technology that meets military service
defined requirements; and
(II) smaller, lower-cost projects.
(B) Priority.--In carrying out the joint program,
the Secretary of Defense and the Secretary of Energy
shall give priority to demonstration projects that--
(i) make available to the public project
information that will accelerate deployment of
long-duration energy storage technologies that
promote energy resiliency; and
(ii) will be carried out as field
demonstrations fully integrated into the
installation grid at an operational scale.
SEC. 326. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) In General.--The Secretary of Defense shall conduct a pilot
program at two or more geographically diverse Department of Defense
facilities for the use of sustainable aviation fuel. Such program shall
be designed to--
(1) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department of Defense;
(2) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(3) engage nearby commercial airports to explore
opportunities and challenges to partner on increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select at least two geographically diverse Department
facilities at which to carry out the pilot program. At least
one such facility shall be a facility with an onsite refinery
that is located in proximity to at least one major commercial
airport that is also actively seeking to increase the use of
sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each
facility under paragraph (1), the Secretary shall submit to the
Committee on Armed Services and the Committee on Transportation
and Infrastructure of the House of Representatives notice of
the selection, including an identification of the facility
selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection
(b), not later than one year after the selection of the
facility, the Secretary shall--
(A) develop a plan on how to implement, by
September 30, 2028, a target of exclusively using at
the facility aviation fuel that is blended to contain
at least 10 percent sustainable aviation fuel;
(B) submit the plan to the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) provide to such Committees a briefing on the
plan that includes, at a minimum--
(i) a description of any operational,
infrastructure, or logistical requirements and
recommendations for the blending and use of
sustainable aviation fuel; and
(ii) a description of any stakeholder
engagement in the development of the plan,
including any consultations with nearby
commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with the
respective plan developed under paragraph (1), the exclusive
use at the facility of aviation fuel that is blended to contain
at least 10 percent sustainable aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable aviation
fuel used under the pilot program shall meet the following criteria:
(1) Such fuel shall be produced in the United States from
non-agricultural and non-food-based domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a
national security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) Final Report.--At the conclusion of the pilot program, the
Assistant Secretary of Defense for Energy, Installations, and
Environment shall submit to the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the House of
Representatives a final report on the pilot program. Such report shall
include each of the following:
(1) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(2) A description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel, with a focus on scaling
up military-wide adoption of such fuel.
(3) Recommendations with respect to how military
installations can leverage proximity to commercial airports and
other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative financing
or purchasing and shared supply chain infrastructure.
(4) A description of the effects on performance and
operation aircraft using sustainable aviation fuel including--
(A) if used, considerations of various blending
ratios and their associated benefits;
(B) efficiency and distance improvements of flights
fuels using sustainable aviation fuel;
(C) weight savings on large transportation aircraft
and other types of aircraft with using blended fuel
with higher concentrations of sustainable aviation
fuel;
(D) maintenance benefits of using sustainable
aviation fuel, including engine longevity;
(E) the effect of the use of sustainable aviation
fuel on emissions and air quality;
(F) the effect of the use of sustainable aviation
fuel on the environment and on surrounding communities,
including environmental justice factors that are
created by the demand for and use of sustainable
aviation fuel by the Department of Defense; and
(G) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Sustainable Aviation Fuel Defined.--In this section, the term
``sustainable aviation fuel'' means liquid fuel that--
(1) consists of synthesized hydrocarbon;
(2) meets the requirements of--
(A) ASTM International Standard D7566 (or such
successor standard); or
(B) the co-processing provisions of ASTM
International Standard D1655, Annex A1 (or such
successor standard);
(3) is derived from biomass (as such term is defined in
section 45K(c)(3) of the Internal Revenue Code of 1986), waste
streams, renewable energy sources, or gaseous carbon oxides;
(4) is not derived from palm fatty acid distillates; and
(5) conforms to the standards, recommended practices,
requirements and criteria, supporting documents, implementation
elements, and any other technical guidance, for sustainable
aviation fuels that are adopted by the International Civil
Aviation Organization with the agreement of the United States.
SEC. 327. JOINT DEPARTMENT OF DEFENSE AND DEPARTMENT OF AGRICULTURE
STUDY ON BIOREMEDIATION OF PFAS USING MYCOLOGICAL ORGANIC
MATTER.
(a) Study.--The Secretary of Defense, acting through the Assistant
Secretary of Defense for Energy, Installations, and Environment,
Strategic Environmental Research and Development Program, and the
Secretary of Agriculture, acting through the Administrator of the
Agricultural Research Service, shall jointly carry out a study on the
bioremediation of PFAS using mycological organic matter. Such study
shall commence not later than one year after the date of the enactment
of this Act.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Agriculture shall jointly submit to the Committee on Agriculture and
the Committee on Armed Services of the House or Representatives and the
Committee on Agriculture, Forestry, and Nutrition and the Committee on
Armed Services of the Senate a report on the study conducted pursuant
to subsection (a).
(c) PFAS.--In this section, the term ``PFAS'' means per- and
polyfluoroalkyl substances.
SEC. 328. REPORT ON AIR FORCE PROGRESS REGARDING CONTAMINATED REAL
PROPERTY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Air Force has contaminated property across the
United States with harmful perfluorooctanoic acid and
perfluorooctane sulfonate chemicals;
(2) perfluorooctanoic acid and perfluorooctane sulfonate
contamination threatens the jobs, lives, and livelihoods of
citizens and livestock who live in contaminated areas;
(3) property owners, especially those facing severe
financial hardship, cannot wait any longer for the Air Force to
acquire contaminated property; and
(4) the Air Force should, in an expeditious manner, use the
authority under section 344 of the National Defense
Authorization Act 2020 (Public Law 116-92; 10 U.S.C. 2701 note)
to acquire contaminated property and provide relocation
assistance.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the progress of the Air Force in carrying out section 344
of the National Defense Authorization Act 2020 (Public Law 116-92; 10
U.S.C. 2701 note). Such report shall include--
(1) a detailed description of any real property
contaminated by perfluorooctanoic acid and perfluorooctane
sulfonate by the Air Force;
(2) a description of any progress made by the Air Force to
acquire property or provide relocation assistance pursuant to
such section 344; and
(3) if the Air Force has not acquired property or provided
relocation assistance pursuant to such section, an explanation
of why it has not.
SEC. 329. ENERGY, WATER, AND WASTE NET ZERO REQUIREMENTS FOR
CONSTRUCTION OF NEW BUILDINGS.
(a) Requirements Described.--For fiscal year 2022 and any
subsequent fiscal year, the Secretary of Defense shall improve building
efficiency, performance, and management by ensuring that the new
construction of any Department of Defense building larger than 5,000
gross square feet that enters the planning process is designed to
achieve energy net-zero and water or waste net-zero by fiscal year
2035.
(b) Waiver for National Security.--The Secretary may waive the
requirement of subsection (a) with respect to a building if the
Secretary provides the Committees on Armed Services of the House of
Representatives and Senate with a certification that the application of
such requirement would be detrimental to national security.
(c) Status Report and Briefings on Progress Towards Meeting Current
Goal Regarding Use of Renewable Energy to Meet Facility Energy Needs.--
Section 2911(g) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(4) The Secretary of Defense shall--
``(A) not later than 180 days after the date of the
enactment of this paragraph, submit a report to the Committees
on Armed Services of the House of Representatives and Senate on
the progress the Secretary has made towards meeting the goal
described in paragraph (1)(A) with respect to fiscal year 2025;
and
``(B) during fiscal year 2022 and each succeeding fiscal
year through fiscal year 2025, provide a briefing to the
Committees on Armed Services of the House of Representatives
and Senate on the progress the Secretary has made towards
meeting the goal described in paragraph (1)(A) with respect to
fiscal year 2025.''.
SEC. 330. REVIEW OF AGREEMENTS WITH NON-DEPARTMENT ENTITIES WITH
RESPECT TO PREVENTION AND MITIGATION OF SPILLS OF AQUEOUS
FILM-FORMING FOAM.
(a) Review Required.--Not later than 180 days of after the date of
the enactment of this Act, the Secretary of Defense shall complete a
review of mutual support agreements entered into with non-Department of
Defense entities (including State and local entities) that involve fire
suppression activities in support of missions of the Department.
(b) Matters.--The review under subsection (a) shall assess, with
respect to the agreements specified in such subsection, the following:
(1) The preventative maintenance guidelines specified in
such agreements for fire trucks and fire suppression systems,
to mitigate the risk of equipment failure that may result in a
spill of aqueous film-forming foam (in this section referred to
as ``AFFF'').
(2) Any requirements specified in such agreements for the
use of personal protective equipment by personnel when
conducting a material transfer or maintenance activity pursuant
to the agreement that may result in a spill of AFFF, or when
conducting remediation activities for such a spill, including
requirements for side-shield safety glasses, latex gloves, and
respiratory protection equipment.
(3) The methods by which the Secretary, or the non-
Department entity with which the Secretary has entered into the
agreement, ensures compliance with guidance specified in the
agreement with respect to the use of such personal protective
equipment.
(c) Guidance.--Not later than 90 days after the date on which the
Secretary completes the review under subsection (a), the Secretary
shall issue guidance (based on the results of such review) on
requirements to include under the agreements specified in such
subsection, to ensure the prevention and mitigation of spills of AFFF.
Such guidance shall include, at a minimum, best practices and
recommended requirements to ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance
activity carried out pursuant to such an agreement that may
result in such a spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities pursuant to such an agreement in the vicinity of
such drains or basins.
(3) The storage of materials for the cleanup and
containment of AFFF in close proximity to fire suppression
systems in buildings of the Department and the presence of such
materials during any transfer or activity specified in
paragraph (1).
(d) Briefing.--Not later than 30 days after the date on which the
Secretary issues the guidance under subsection (c), the Secretary shall
provide to the congressional defense committees a briefing that
summarizes the results of the review conducted under subsection (a) and
the guidance issued under subsection (c).
SEC. 331. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT RED HILL
BULK FUEL STORAGE FACILITY, HAWAI`I.
(a) Findings.--Congress finds the following:
(1) The continued availability and use of the Red Hill Bulk
Fuel Storage Facility in Honolulu, Hawai`i is a matter of
national security. Persistent fuel availability in quantity,
location, and secured siting is a key component in ensuring
resilient logistical support for sustained forward operations
in the Indo-Pacific region and the execution of the National
Defense Strategy, including the objectives of maintaining a
free and open Indo-Pacific.
(2) The Red Hill Bulk Fuel Facility is constructed in
basalt rock that overlays a key aquifer serving as one of the
major ground water resources for the fresh water needs of the
City of Honolulu, including key military installations and
associated facilities. Past leaks from the tanks and other
infrastructure of the Red Hill Bulk Fuel Storage Facility,
while not resulting in any appreciable effect to the aquifer,
raise significant questions whether the facility is being
operated and maintained to the highest standard possible and
whether the facility presents a material risk to the aquifer
and to Honolulu water resources.
(3) Safety inspections of the Red Hill Bulk Fuel Storage
Facility at 10-year intervals, as required by the American
Petroleum Institute 570 standards, set the upper boundaries for
inspections.
(b) Sense of Congress.--In order to fully effectuate national
security, assure the maximum safe utilization of the Red Hill Bulk Fuel
Storage Facility, and fully address concerns as to potential impacts of
the facility on public health, it is the sense of Congress that the
Secretary of the Navy and the Defense Logistics Agency should--
(1) operate and maintain the Red Hill Bulk Fuel Storage
Facility to the highest standard possible; and
(2) require safety inspections to be conducted more
frequently based on the corrosion rate of the piping and
overall condition of the pipeline system and support equipment
at the facility.
(c) Inspection Requirement.--
(1) Inspection required.--The Secretary of the Navy shall
direct the Naval Facilities Engineering Command to conduct an
inspection of the pipeline system, supporting infrastructure,
and appurtenances, including valves and any other corrosion
prone equipment, at the Red Hill Bulk Fuel Storage Facility.
(2) Inspection agent; standards.--The inspection required
by this subsection shall be performed--
(A) by an independent American Petroleum Institute
certified inspector who will present findings of the
inspection and options to the Secretary of the Navy for
improving the integrity of the Red Hill Bulk Fuel
Storage Facility and its appurtenances; and
(B) in accordance with the Unified Facilities
Criteria (UFC-3-460-03) and American Petroleum
Institute 570 inspection standards.
(3) Exception.--The inspection required by this subsection
excludes the fuel tanks at the Red Hill Bulk Fuel Storage
Facility.
(d) Life-cycle Sustainment Plan.--In conjunction with the
inspection required by subsection (c), the Naval Facilities Engineering
Command shall prepare a life-cycle sustainment plan for the Red Hill
Bulk Fuel Storage Facility, which shall consider the current condition
and service life of the tanks, pipeline system, and support equipment.
(e) Submission of Results and Plan.--Not later than one year after
the date of the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report containing--
(1) the results of the inspection conducted under
subsection (c);
(2) the life-cycle sustainment plan prepared under
subsection (d); and
(3) options on improving the security and maintenance of
the Red Hill Bulk Fuel Storage Facility.
SEC. 332. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO
EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) a calculation of the annual costs to the Department
for assistance provided to--
``(A) the Federal Emergency Management Agency or
Federal land management agencies--
``(i) pursuant to requests for such
assistance; and
``(ii) approved under the National
Interagency Fire Center; and
``(B) any State, Territory, or possession under
title 10 or title 32, United States Code, regarding
extreme weather.''.
SEC. 333. SENSE OF CONGRESS REGARDING ELECTRIC OR ZERO-EMISSION
VEHICLES FOR NON-COMBAT VEHICLE FLEET.
It is the sense of Congress that any new non-tactical Federal
vehicle purchased by the Department of Defense for use outside of
combat should, to the greatest extent practicable, be an electric or
zero-emission vehicle.
SEC. 334. PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK EMISSIONS AT
CERTAIN MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may conduct a pilot
program (to be known as the ``Installations Emissions Tracking
Program'') to evaluate the feasibility and effectiveness of software
and emerging technologies and methodologies to track real-time
emissions from installations and installation assets.
(b) Goals.--The goals of the Installations Emissions Tracking
Program are--
(1) to prove software and emerging technologies,
methodologies, and capabilities to effectively track emissions
in real time; and
(2) to reduce energy costs and increase efficiencies.
(c) Locations.--If the Secretary conducts the Installations
Emissions Tracking Program, the Secretary shall select, for purposes of
the Program, four major military installations located in different
geographical regions of the United States that the Secretary
determines--
(1) are prone to producing higher emissions;
(2) are in regions that historically have poor air quality;
and
(3) have historically higher than average utility costs.
SEC. 335. DEPARTMENT OF DEFENSE PLAN TO MEET SCIENCE-BASED EMISSIONS
TARGETS.
(a) Plan Required.--Not later than September 30, 2022, the
Secretary of Defense shall submit to Congress a plan to reduce the
greenhouse gas emissions of the Department of Defense, including
Department of Defense functions that are performed by contractors, in
line with science-based emissions targets.
(b) Updates.--The Secretary shall submit to Congress annual reports
on the progress of the Department of Defense toward meeting the
science-based emissions targets in the plan required by subsection (a).
(c) Science-based Emissions Target.--In this section, the term
``science-based emissions target'' means a reduction in greenhouse gas
emissions consistent with preventing an increase in global average
temperature of greater than or equal to 1.5 degrees Celsius compared to
pre-industrial levels.
SEC. 336. REPORT ON CLEAN UP OF CONTAMINATED ARMY PROPERTY.
(a) Findings.--Congress makes the following findings:
(1) There are numerous properties that were under the
jurisdiction of the Department of the Army, such as former Nike
missile sites, but that have been transferred to units of local
government.
(2) Many of these properties may remain polluted because of
activity by the Department of Defense.
(3) This pollution may inhibit the use of these properties
for commercial or residential purposes.
(4) Knowledge and understanding of the impacts of
contaminants from Department of Defense activities have
developed and changed over time.
(5) The Department of Defense has an obligation to
facilitate the clean-up of such pollutants even after the sites
have been transferred to local governments.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report that contains each of the following:
(1) A plan to facilitate the clean-up of each contaminated
property that was under the jurisdiction of the Department of
the Army and subsequently transferred to a unit of local
government.
(2) An identification of any site where the Department of
the Army has previously conducted clean-up activities but due
to contaminants not discovered until after transfer or newly
identified contaminants, additional clean-up may be necessary.
(3) An explanation of how any site identified under
paragraph (2) is to be prioritized relative to other sites,
such as active sites or sites set for transfer.
(4) A detailed plan to conduct preliminary assessments and
site inspections for each site identified under paragraph (2)
by not later than five years after the date of the submittal of
the report.
SEC. 337. GRANTS FOR MAINTAINING OR IMPROVING MILITARY INSTALLATION
RESILIENCE.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by adding at the end the
following new subparagraph:
``(D)(i) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds, in order to
assist a State or local government in planning and implementing
measures and projects that, as determined by the Secretary of Defense,
will contribute to maintaining or improving military installation
resilience. Amounts appropriated or otherwise made available for
assistance under this subparagraph shall remain available until
expended.
``(ii) In the case of funds provided under this subparagraph for
projects involving the preservation, maintenance, or restoration of
natural features for the purpose of maintaining or enhancing military
installation resilience, such funds may be provided in a lump sum and
include an amount intended to cover the future costs of the natural
resource maintenance and improvement activities required for the
preservation, maintenance, or restoration of such natural features, and
may be placed by the recipient in an interest-bearing or other
investment account, and any interest or income shall be applied for the
same purposes as the principal.''; and
(2) in subsection (e)(1), by striking ``subsection
(b)(1)(D)'' inserting ``paragraphs (1)(D) and (E) and (5)(D) of
subsection (b) and subsection (d)''.
SEC. 338. INCLUSION OF INFORMATION REGARDING CLIMATE CHANGE IN REPORTS
ON NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 2504(3)(B) of title 10, United States Code, is amended--
(1) by redesignating clauses (i) through (iii) as clauses
(ii) through (iv), respectively; and
(2) by inserting before clause (ii), as so redesignated,
the following new clause (i):
``(i) vulnerabilities related to the
current and projected impacts of climate change
and to cyberattacks or disruptions;''.
SEC. 339. SENSE OF CONGRESS REGARDING REPORT OF THE INTERGOVERNMENTAL
PANEL ON CLIMATE CHANGE.
(a) Findings.--Congress makes the following findings:
(1) The Intergovernmental Panel on Climate Change has
provided valuable scientific assessments on climate change
since its creation in 1988.
(2) The first part of the Sixth Assessment Report, Climate
Change 2021: The Physical Science Basis, was finalized on
August 6, 2021.
(3) The report finds that the global average temperature is
expected to reach or exceed 1.5 degrees celsius above pre-
industrial levels within the coming decades without immediate
and large-scale efforts to reduce greenhouse gas emissions.
(4) This increase in global temperature will affect all
regions of the world, impacting weather patterns, sea levels,
ocean temperatures, biodiversity, and more.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should take the most recent
report of the Intergovernmental Panel on Climate Change into
consideration when carrying out resiliency efforts and making
energy and transportation decisions for military bases and
installations; and
(2) the Department of Defense should consider adding the
recommendations of the Sixth Assessment Report to the Unified
Facilities Criteria where appropriate.
Subtitle C--Logistics and Sustainment
SEC. 341. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE
DEPARTMENT OF DEFENSE THROUGH REDUCTION OF OPERATIONAL
ENERGY DEMAND.
(a) Clarification of Operational Energy Responsibilities.--Section
2926 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``in contested
logistics environments'' after ``missions''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Authorities'' and
inserting ``Responsibilities'';
(B) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall'';
(C) by amending paragraph (1) to read as follows:
``(1) require the Secretaries concerned and the commanders
of the combatant commands to assess the energy supportability
in contested logistics environments of systems, capabilities,
and plans;'';
(D) in paragraph (2), by inserting ``
supportability in contested logistics environments,''
after ``power,''; and
(E) in paragraph (3), by inserting ``in contested
logistics environments'' after ``vulnerabilities''.
(b) Establishment of Working Group.--Such section is further
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting `` and in coordination with the working group
under subsection (d)'' after ``components'';
(B) in paragraph (1), by striking ``Defense and
oversee'' and inserting ``Defense, including the
activities of the working group established under
subsection (d), and oversee'';
(C) in paragraph (2), by inserting ``, taking into
account the findings of the working group under
subsection (d)'' after ``Defense''; and
(D) paragraph (3), by inserting ``, taking into
account the findings of the working group under
subsection (d)'' after ``resilience'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c), as amended by
paragraph (1), the following new subsection:
``(d) Working Group.--(1) The Secretary of Defense shall establish
a working group to integrate efforts to mitigate contested logistics
challenges through the reduction of operational energy demand that are
carried out within each armed force, across the armed forces, and with
the Office of the Secretary of Defense and to conduct other coordinated
functions relating to such efforts.
``(2) The head of the working group under paragraph (1) shall be
the Assistant Secretary of Defense for Energy, Installations, and
Environment. The Assistant Secretary shall supervise the members of the
working group and provide guidance to such members with respect to
specific operational energy plans and programs to be carried out
pursuant to the strategy under subsection (e).
``(3) The members of the working group under paragraph (1) shall be
appointed as follows:
``(A) A senior official of each armed force, who shall be
nominated by the Secretary concerned and confirmed by the
Senate to represent such armed force.
``(B) A senior official from each geographic and functional
combatant command, who shall be appointed by the commander of
the respective combatant command to represent such combatant
command.
``(C) A senior official under the jurisdiction of the
Chairman of the Joint Chiefs of Staff, who shall be appointed
by the Chairman to represent the Joint Chiefs of Staff and the
Joint Staff.
``(4) Each member of the working group shall be responsible for
carrying out operational energy plans and programs and implementing
coordinated initiatives pursuant to the strategy under subsection (e)
for the respective component of the Department that the member
represents.
``(5) The duties of the working group under paragraph (1) shall be
as follows:
``(A) Planning for the integration of efforts to mitigate
contested logistics challenges through the reduction of
operational energy demand carried out within each armed force,
across the armed forces, and with the Office of the Secretary
of Defense.
``(B) Developing recommendations regarding the strategy for
operational energy under subsection (e).
``(C) Developing recommendations relating to the
development of, and modernization efforts for, platforms and
weapons systems of the armed forces.
``(D) Developing recommendations to ensure that such
development and modernization efforts lead to increased
lethality, extended range, and extended on-station time for
tactical assets.
``(E) Developing recommendations to mitigate the effects of
hostile action by a near-peer adversary targeting operational
energy storage and operations of the armed forces, including
through the use of innovative delivery systems, distributed
storage, flexible contracting, and improved automation.''; and
(4) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1)--
(i) by striking ``The Secretary of a
military department'' and inserting ``Each
member of the working group under subsection
(d)''; and
(ii) by striking ``conducted by the
military department'' and inserting ``conducted
by the respective component of the Department
that the member represents for purposes of the
working group''; and
(B) in paragraph (2), by striking ``military
department'' and inserting ``armed force''.
(c) Modifications to Operational Energy Strategy.--Subsection (e)
of such section, as redesignated by subsection (b)(2), is amended to
read as follows:
``(1) The Assistant Secretary of Defense for Energy, Installations,
and Environment, in coordination with the working group under
subsection (d), shall be responsible for the establishment and
maintenance of a department-wide transformational strategy for
operational energy. The strategy shall be updated every five years and
shall establish near-term, mid-term, and long-term goals, performance
metrics to measure progress in meeting the goals, and a plan for
implementation of the strategy within each armed force, across the
armed forces, and with the Office of the Secretary of Defense.
``(2) The strategy required under paragraph (1) shall include the
following:
``(A) A plan to integrate efforts to mitigate contested
logistics challenges through the reduction of operational
energy demand within each armed force.
``(B) An assessment of how industry trends transitioning
from the production of internal combustion engines to the
development and production of alternative propulsion systems
may affect the long-term availability of parts for military
equipment, the fuel costs for such equipment, and the
sustainability of such equipment.
``(C) An assessment of any fossil fuel reduction
technologies, including electric, hydrogen, or other
sustainable fuel technologies, that may reduce operational
energy demand in the near-term or long-term.
``(D) An assessment of any risks or opportunities related
to the development of tactical vehicles or other military
equipment that use alternative propulsion systems, including
any such risks or opportunities with respect the supply chain
or resupply capabilities of the armed forces or the congruence
of such systems with the systems used by allies of the United
States.
``(E) An assessment of how the Secretaries concerned and
the commanders of the combatant commands can better plan for
challenges presented by near-peer adversaries in a contested
logistics environment, including through innovative delivery
systems, distributed storage, flexible contracting, and
improved automation.
``(F) An assessment of any infrastructure investments of
allied and partner countries that may affect operational energy
availability in the event of a conflict with a near-peer
adversary.
``(3) By authority of the Secretary of Defense, and taking into
consideration the findings of the working group, the Assistant
Secretary shall prescribe policies and procedures for the
implementation of the strategy and make recommendations to the
Secretary of Defense and Deputy Secretary of Defense with respect to
specific operational energy plans and programs to be carried out
pursuant to the strategy.
``(4) Not later than 30 days after the date on which the budget for
fiscal year 2024 is submitted to Congress pursuant to section 1105 of
title 31, and every five years thereafter, the Assistant Secretary
shall submit to the congressional defense committees the strategy
required under paragraph (1).''.
(d) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(h) Definitions.--In this section:
``(1) The term `contested logistics environment' means an
environment in which the armed forces engage in conflict with
an adversary that presents challenges in all domains and
directly targets logistics operations, facilities, and
activities in the United States, abroad, or in transit from one
location to the other.
``(2) The term `tactical vehicle' means a vehicle owned by
the Department of Defense or the armed forces and used in
combat, combat support, combat service support, tactical, or
relief operations, or in training for such operations.''.
(e) Conforming Amendment.--Section 2926(c)(5) of title 10, United
States Code, is amended by striking ``subsection (e)(4)'' and inserting
``subsection (f)(4)''.
(f) Interim Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment shall submit to the congressional
defense committees an interim report on any actions taken pursuant to
the amendments made by this section. Such report shall include an
update regarding the establishment of the working group under section
2926(d) of title 10, United States Code, as amended by subsection (b).
SEC. 342. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY.
(a) Designation of Responsible Combatant Command.--
(1) Designation required.--Subchapter III of chapter 173 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 2927. Global bulk fuel management and delivery
``The Secretary of Defense shall designate a combatant command to
be responsible for bulk fuel management and delivery of the Department
on a global basis.''.
(2) Clerical amendment.--The table of contents for such
subchapter is amended by adding at the end the following new
item:
``2927. Global bulk fuel management and delivery.''.
(3) Deadline for designation; notice.--Not later than 30
days after the date of the enactment of this Act, the Secretary
of Defense shall--
(A) make the designation required under section
2927 of title 10, United States Code (as added by
paragraph (1)); and
(B) provide to the Committees on Armed Services of
the Senate and the House of Representatives notice of
the combatant command so designated.
(b) Global Bulk Fuel Management Strategy.--
(1) Strategy required.--The commander of the combatant
command designated under section 2927 of title 10, United
States Code (as added by subsection (a)), shall prepare and
submit to the congressional defense committees a strategy to
develop the infrastructure and programs necessary to optimally
support global bulk fuel management of the Department of
Defense.
(2) Additional elements.--The strategy under paragraph (1)
shall include the following additional elements:
(A) A description of the current organizational
responsibility for bulk fuel management of the
Department, organized by geographic combatant command,
including with respect to ordering, storage, and
strategic and tactical transportation.
(B) A description of any legacy bulk fuel
management assets of each of the geographic combatant
commands.
(C) A description of the operational plan to
exercise such assets to ensure full functionality and
to repair, upgrade, or replace such assets as
necessary.
(D) An identification of the resources required for
any such repairs, upgrades, or replacements.
(E) A description of the current programs relating
to platforms, weapon systems, or research and
development, that are aimed at managing fuel
constraints by decreasing demand for fuel.
(F) An assessment of current and projected threats
to forward-based bulk fuel delivery, storage, and
distribution systems, and an assessment, based on such
current and projected threats, of attrition to bulk
fuel infrastructure, including storage and distribution
systems, in a conflict involving near-peer foreign
countries.
(G) An assessment of current days of supply
guidance, petroleum war reserve requirements, and
prepositioned war reserve stocks, based on operational
tempo associated with distributed operations in a
contested environment.
(H) An identification of the resources required to
address any changes to such guidance, requirements, or
stocks recommended as the result of such assessment.
(I) An identification of any global shortfall with
respect to bulk fuel management, organized by
geographic combatant command, and a prioritized list of
investment recommendations to address each shortfall
identified.
(3) Coordination.--In preparing the strategy under
paragraph (1), the commander of the combatant command specified
in such paragraph shall coordinate with subject matter experts
of the Joint Staff, the geographic combatant commands, the
United States Transportation Command, the Defense Logistics
Agency, and the military departments.
(c) Limitation on Availability of Funds for Defense Logistics
Agency (Energy).--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Defense
Logistics Agency (Energy), not more than 50 percent may be obligated or
expended before the date on which the notice under subsection (a)(3)(B)
is provided.
(d) Conforming Amendments.--Section 2854 of the Military
Construction Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended--
(1) in subsection (b), by striking ``The organizational
element designated pursuant to subsection (a)'' and inserting
``The Secretary of Defense'';
(2) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(3) by striking subsections (a) and (d); and
(4) by redesignating subsections (b) and (c), as amended by
paragraphs (1) and (2), as subsections (a) and (b),
respectively.
SEC. 343. COMPTROLLER GENERAL ANNUAL REVIEWS OF F-35 SUSTAINMENT
EFFORTS.
(a) Annual Reviews and Briefings.--Not later than March 1 of each
year of 2022, 2023, 2024, and 2025, the Comptroller General of the
United States shall--
(1) conduct an annual review of the sustainment efforts of
the Department of Defense with respect to the F-35 aircraft
program (including the air vehicle and propulsion elements of
such program); and
(2) provide to the Committee on Armed Services of the House
of Representatives a briefing on such review, including any
findings of the Comptroller General as a result of such review.
(b) Elements.--Each review under subsection (a)(1) shall include an
assessment of the following:
(1) The status of the sustainment strategy of the
Department for the F-35 Lightning II aircraft program.
(2) The Department oversight and prime contractor
management of key sustainment functions with respect to the F-
35 aircraft program.
(3) The ability of the Department to reduce the costs, or
otherwise maintain the affordability, of the sustainment of the
F-35 fleet.
(4) Any other matters regarding the sustainment or
affordability of the F-35 aircraft program that the Comptroller
General determines to be of critical importance to the long-
term viability of such program.
(c) Reports.--Following the provision of each briefing under
subsection (a)(2), at such time as is mutually agreed upon by the
Committee on Armed Services of the House of Representatives and the
Comptroller General, the Comptroller General shall submit to such
committee a report on the matters covered by the briefing.
SEC. 344. PILOT PROGRAM ON BIOBASED CORROSION CONTROL AND MITIGATION.
(a) Pilot Program.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall commence a one-
year pilot program to test and evaluate the use of covered biobased
solutions as alternatives to current solutions for the control and
mitigation of corrosion.
(b) Selection.--In carrying out the pilot program under subsection
(a), the Secretary shall select for test and evaluation under the pilot
program at least one existing covered biobased solution.
(c) Test and Evaluation.--Following the test and evaluation of a
covered biobased solution under the pilot program, the Secretary shall
determine, based on such test and evaluation, whether the solution
meets the following requirements:
(1) The solution is capable of being produced domestically.
(2) The solution is at least as effective at the control
and mitigation of corrosion as current alternative solutions.
(3) The solution reduces environmental exposures.
(d) Recommendations.--Upon termination of the pilot program under
subsection (a), the Secretary shall develop recommendations for the
Department of Defense-wide deployment of covered biobased solutions
that the Secretary has determined meet the requirements under
subsection (c).
(e) Covered Biobased Solution Defined.--In this section, the term
``covered biobased solution'' means a solution for the control and
mitigation of corrosion that is domestically produced, commercial, and
biobased.
SEC. 345. PILOT PROGRAM ON DIGITAL OPTIMIZATION OF ORGANIC INDUSTRIAL
BASE MAINTENANCE AND REPAIR OPERATIONS.
(a) In General.--Beginning not later than 180 days after the date
of the enactment of this Act, The Secretary of the Defense shall
initiate a pilot program under which the Secretary shall provide for
the digitization of the facilities and operations of at least one
covered depot.
(b) Elements of Pilot Program.--In carrying out the pilot program
under this section, the Secretary shall provide for each of the
following at the covered depot or depots at which the Secretary carries
out the program:
(1) The delivery of a digital twin model of the
maintenance, repair, and remanufacturing infrastructure and
activities.
(2) The modeling and simulation of optimized facility
configuration, logistics systems, and processes.
(3) The analysis of material flow and resource use to
achieve key performance metrics for all levels of maintenance
and repair.
(4) An assessment of automated, advanced, and additive
manufacturing technologies that could improve maintenance,
repair, and remanufacturing operations.
(5) The identification of investments necessary to achieve
the efficiencies identified by the digital twin model required
under paragraph (1).
(c) Report.--Not later than 60 days after the completion of the
digital twin model and associated analysis, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot program. Such report
shall include--
(1) a description of the efficiencies identified under the
pilot program;
(2) a description of the infrastructure, workforce, and
capital equipment investments necessary to achieve such
efficiencies;
(3) the plan of the Secretary to undertake such
investments; and
(4) the assessment of the Secretary of the potential
applicability of the findings of the pilot program to other
covered depots.
(d) Covered Depot Defined.--In this section, the term ``covered
depot'' includes any depot covered under section 2476(e) of title 10,
United States Code, except for the following:
(1) Portsmouth Naval Shipyard, Maine.
(2) Pearl Harbor Naval Shipyard, Hawaii.
(3) Puget Sound Naval Shipyard, Washington.
(4) Norfolk Naval Shipyard, Virginia.
SEC. 346. PILOT PROGRAM ON IMPLEMENTATION OF MITIGATING ACTIONS TO
ADDRESS VULNERABILITIES TO CRITICAL DEFENSE FACILITIES
AND ASSOCIATED DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE.
(a) Two-year Pilot Authorized.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Energy, the Secretaries of each of the
military departments, and the Secretary of the department in
which the Coast Guard is operating, shall carry out a two-year
pilot program under which the Secretary shall implement
mitigating actions to address vulnerabilities assessed under
section 215A of the Federal Power Act (16 U.S.C. 824o-1) at
critical defense facilities and their associated defense
critical electric infrastructure, after consultation with, and
with the consent of, the owners of such facilities and
infrastructure.
(2) Use of grant authority.--In carrying out the pilot
program, the Secretary of Defense may make grants, enter into
cooperative agreements, and supplement funds available under
Federal programs administered by agencies other than the
Department of Defense to support mitigating actions under this
section.
(b) Selection of Installations.--The Secretary of Defense shall
select at least three military installations designated as critical
defense facilities at which to carry out the pilot program under this
section. In selecting such installations, the Secretary shall--
(1) ensure that at least one of the military installations
selected is an installation of each of Armed Forces;
(2) select installations that represent different
challenges or severities with respect to electric
infrastructure vulnerability;
(3) select at least one critical defense facility within
the service territory of a Power Marketing Administration;
(4) provide particular consideration for critical defense
facilities and the associated defense critical electric
infrastructure that use rural cooperatives or municipal
entities for their electricity needs; and
(5) provide particular consideration for critical defense
facilities and defense critical electric infrastructure that
have completed an assessment of vulnerabilities and resilience
requirements in coordination with the Secretary of Defense and
the Secretary of Energy.
(c) Comptroller General Review.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall--
(A) conduct a review of the pilot program under
this section; and
(B) submit to the appropriate congressional
committees a report on the results of the review.
(2) Contents.--The review required under this subsection
shall include an assessment of the effectiveness of the
mitigating actions taken under the pilot program and the
feasibility of expanding the implementation of such mitigating
actions at other installations identified under section
215A(a)(4) of the Federal Power Act (16 U.S.C. 824o-1(a)(4)).
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Energy and Commerce of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Energy and Natural Resources of the
Senate.
(2) The term ``defense critical electric infrastructure''
has the meaning given such term under section 215A(a)(4) of the
Federal Power Act (16 U.S.C. 824o-1(a)(4)).
(3) The term ``critical defense facility'' means a facility
designated as a critical defense facility under section 215A(c)
of the Federal Power Act (16 U.S.C. 824o-1(c)).
(4) The term ``mitigating action'' means any energy
resiliency solution applied that is consistent with an assessed
strategy to reduce vulnerabilities at critical defense
facilities and associated defense critical electric
infrastructure.
SEC. 347. REPORT AND CERTIFICATION REQUIREMENTS REGARDING SUSTAINMENT
COSTS FOR F-35 AIRCRAFT PROGRAM.
(a) Report.--Not later than March 1, 2022, the Secretary of Defense
shall submit to the congressional defense committees a report on
sustainment costs for the F-35 aircraft program. Such report shall
include the following:
(1) A detailed description and explanation of, and the
actual cost data related to, sustainment costs for the F-35
aircraft program, including an identification and assessment of
cost elements attributable to the Federal Government or to
contractors (disaggregated by the entity responsible for each
portion of the cost element, including at the prime contractor
and major subcontractor levels) with respect to such
sustainment costs.
(2) An identification of the affordability targets of the
Air Force, Navy, and Marine Corps, respectively, for
sustainment costs for the F-35 aircraft program (expressed in
cost per tail per year format and disaggregated by aircraft
variant) for the following years:
(A) With respect to the affordability target of the
Air Force, for the year in which the Secretary of the
Air Force completes the procurement of the program of
record number of F-35 aircraft for the Air Force.
(B) With respect to the affordability target of the
Navy, for the year in which the Secretary of the Navy
completes the procurement of the program of record
number of F-35 aircraft for the Navy; and
(C) With respect to the affordability target of the
Marine Corps, for the year in which the Secretary of
the Navy completes the procurement of the program of
record number of F-35 aircraft for the Marine Corps.
(3) A detailed plan for the reduction of sustainment costs
for the F-35 aircraft program to achieve the affordability
targets specified in paragraph (2), including a plan for
contractors to reduce their portion of such sustainment costs.
(4) An identification of sustainment cost metrics for the
F-35 aircraft program for each of fiscal years 2022 through
2026, expressed in cost per tail per year format.
(b) Annual Certification.--
(1) Certifications.--Not later than December 31 of each of
the years 2022 through 2026, the Secretary of Defense shall
submit to the congressional defense committees a certification
indicating whether the F-35 aircraft program met the
sustainment cost metrics identified pursuant to subsection
(a)(4) with respect to the fiscal year for which the report is
submitted.
(2) Justification.--If a certification under paragraph (1)
indicates that the sustainment cost metrics for the respective
year were not met, the Secretary shall submit to the
congressional defense committees a detailed justification for
the outcome.
(c) Limitation on Certain Contracts.--The Secretary of Defense may
not enter into a performance-based logistics contract for the
sustainment of the F-35 aircraft program until the Secretary submits to
the congressional defense committees a certification that--
(1) the F-35 aircraft program has met the sustainment cost
metrics identified pursuant to subsection (a)(4) for two
consecutive fiscal years, as indicated by two consecutive
certifications submitted under subsection (b)(1); and
(2) the Secretary has determined that such a performance-
based logistics contract will further reduce sustainment costs
for the F-35 aircraft program.
(d) Cost Per Tail Per Year Defined.--In this section, the term
``cost per tail per year'' means the average annual operating and
support cost (as estimated pursuant to a formula determined by the
Secretary) per aircraft.
SEC. 348. REPORT ON MAINTENANCE AND REPAIR OF AIRCRAFT TURBINE ENGINE
ROTORS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the inventory,
maintenance, and repair of aircraft turbine engine rotors by the
Department of Defense. Such report shall include information
(disaggregated by aircraft type and military department) as follows:
(1) A total inventory of all replacement aircraft turbine
engine rotors produced or procured by Department.
(2) The total production and procurement costs in fiscal
year 2021 for such replacement rotors.
(3) The projected production and procurement costs for such
replacement rotors for fiscal years 2022, 2023, and 2024.
(4) Any funds invested by the Department to modernize the
maintenance and repair of aircraft turbine engine rotors, and
to lower associated costs.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may have a classified annex.
SEC. 349. BRIEFING ON AIR FORCE PLAN FOR CERTAIN AEROSPACE GROUND
EQUIPMENT MODERNIZATION.
Not later than March 1, 2022, the Secretary of the Air Force shall
provide a briefing to the Committee on Armed Services of the House of
Representatives on current and future plans for the replacement of
aging aerospace ground equipment, which shall include--
(1) an analysis of the average yearly cost to the Air Force
of maintaining legacy and out-of-production A/M32A-60 and A/
M32C-10 air start carts;
(2) a comparison of the cost of reconditioning these
existing legacy systems compared to the cost of replacing them
with next-generation air start carts;
(3) an analysis of the long-term maintenance and fuel
savings that would be realized by the Air Force if the legacy
systems were upgraded to next-generation air start carts;
(4) an analysis of the tactical and logistical benefits of
transitioning from multi-component aerospace ground equipment
systems to modern all-in-one systems; and
(5) an overview of existing and future plans to replace
legacy air start carts with modern aerospace ground equipment
technology.
Subtitle D--Risk Mitigation and Safety Improvement
SEC. 351. TREATMENT OF NOTICE OF PRESUMED RISK ISSUED BY MILITARY
AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE FOR
REVIEW OF MISSION OBSTRUCTIONS.
Subparagraph (B) of paragraph (2) of subsection (C) of section 183a
of title 10, United States Code, is amended to read as follows:
``(B) A notice of presumed risk issued pursuant to subparagraph (A)
is a preliminary assessment only and is not a finding of unacceptable
risk under subsection (e). A discussion of mitigation actions could
resolve the concerns identified by the Department in the preliminary
assessment in favor of the applicant.''.
SEC. 352. ESTABLISHMENT OF JOINT SAFETY COUNCIL.
(a) In General.--Chapter 7 of title 10, United States Code, is
amended by inserting after section 183a the following new section:
``Sec. 184. Joint Safety Council
``(a) In General.--There is established, within the Office of the
Deputy Secretary of Defense, a Joint Safety Council (in this section
referred to as the `Council').
``(b) Composition; Appointment; Compensation.--(1) The Council
shall include the following voting members:
``(A) The Vice Chief of Staff of the Army.
``(B) The Vice Chief of Staff of the Air Force.
``(C) The Vice Chief of Naval Operations.
``(D) The Assistant Commandant of the Marine Corps.
``(E) The Vice Chief of Space Operations.
``(F) A member of the Senior Executive Service from the
Office of the Under Secretary of Defense for Personnel and
Readiness, appointed by the Deputy Secretary of Defense.
``(G) A member of the Senior Executive Service from the
Office of the Under Secretary for Research and Engineering,
appointed by the Deputy Secretary of Defense.
``(H) A member of the Senior Executive Service from the
Office of the Under Secretary for Acquisition and Sustainment,
appointed by the Deputy Secretary of Defense.
``(2) The Council shall include the following non-voting members:
``(A) The Director of Safety for the Department of the
Army, who shall be appointed by the Secretary of the Army.
``(B) The Director of Safety for the Department of the Air
Force, who shall be appointed by the Secretary of the Air
Force.
``(C) The Director of Safety for the Department of the
Navy, who shall be appointed by the Secretary of the Navy.
``(D) The Deputy Assistant Secretary of Defense for Force
Safety and Occupational Health, appointed by the Deputy
Secretary of Defense as the Executive Secretary.
``(3)(A) Members of the Council serve at the will of the official
who appointed them.
``(B) Vacancies on the Council shall be filled in the same manner
as the original appointment.
``(4) Members of the Council may not receive additional pay,
allowances, or benefits by reason of their service on the Council.
``(c) Chair and Vice Chair.--(1) The Secretary of Defense, or the
Secretary's designee, shall select one of the members of the Council
who is a member of the armed forces to serve as Chair of the Council.
Unless earlier removed, the Chair shall serve for a term of two years.
The Chair shall serve as the Director of Operational and Training
Safety for the Department of Defense.
``(2) The Vice Chair shall be a person appointed under subsection
(b) who is a member of the Senior Executive Service. The Vice Chair
shall report to the Chair and shall serve as Chair in his or her
absence.
``(d) Staff.--(1) The Council may appoint staff in accordance with
section 3101 of title 5.
``(2) The Council may accept persons on detail from within the
Department of Defense and from other Federal departments or agencies on
a reimbursable or non-reimbursable basis.
``(e) Contract Authority.--The Council may enter into contracts for
the acquisition of administrative supplies, equipment, and personnel
services for use by the Council, to the extent that funds are available
for such purposes.
``(f) Procurement of Temporary and Intermittent Services.--The
Chair may procure temporary and intermittent services under section
3109(b) of title 5 at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for level V
of the Executive Schedule under section 5316 of such title.
``(g) Data Collection.--(1) Under regulations issued by the
Secretary of Defense, the Council shall have access to Department of
Defense databases necessary to carry out its responsibilities,
including causal factors to be used for mishap reduction purposes.
``(2) Under regulations issued by the Secretary of Defense, the
Council may enter into agreements with the Federal Aviation
Administration, the National Transportation Safety Board, and any other
Federal agency regarding the sharing of safety data.
``(h) Meetings.--The Council shall meet quarterly and at the call
of the Chair.
``(i) Duties.--The Council shall carry out the following
responsibilities:
``(1) Subject to subsection (j), issuing, publishing, and
updating regulations related to joint safety, including
regulations on the reporting and investigation of mishaps.
``(2) Establishing uniform data collection standards, a
centralized collection system for mishaps in the Department of
Defense, and a process for safeguarding sensitive data and
information where appropriate.
``(3) Reviewing the compliance of each military department
in adopting and using the uniform data collection standards
established under paragraph (2).
``(4) Reviewing mishap data to assess, identify, and
prioritize risk mitigation efforts and safety improvement
efforts across the Department.
``(5) Establishing standards and requirements for the
collection of equipment, simulator, training, pilot, and
operator data.
``(6) Establishing requirements for each military
department to collect and analyze any waivers issued relating
to pilot or operator qualifications or standards.
``(7) Establishing, in consultation with the heads of other
Federal departments and agencies, as appropriate, a requirement
for each military department to implement a safety management
system.
``(8) Reviewing the safety management system of each
military department and the implementation of such systems.
``(9) Reviewing and assessing civilian and commercial
safety programs and practices to determine the suitability of
such programs for implementation in the Department.
``(10) Establishing a requirement for each military
department to implement a system to monitor recommendations
made in safety and legal investigation reports to ensure
implementation of corrective actions.
``(11) Reviewing and providing feedback on the investments
of the military departments in technological solutions for
safety and mishap prevention.
``(j) Review.--The decisions and recommendations of the Council are
subject to review and approval by the Deputy Secretary of Defense.
``(k) Report.--The Chair of the Council shall submit to the
congressional defense committees semi-annual reports on the activities
of the Council.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
183a the following new item:
``184. Joint Safety Council.''.
SEC. 353. MISHAP INVESTIGATION REVIEW BOARD.
(a) Proposal for Establishment of Board.--The Deputy Secretary of
Defense shall develop a proposal for the establishment of a Mishap
Investigation Review Board (in this section referred to as the
``Board'') to provide independent oversight and review of safety and
legal investigations into the facts and circumstances surrounding
operational and training mishaps. The proposal shall include
recommendations relating to--
(1) the size and composition of the Board;
(2) the process by which the Board would screen mishap
investigations to identify unsatisfactory, biased, incomplete,
or insufficient investigations requiring subsequent review by
the Board, including whether the Board should review
investigations meeting a predetermined threshold (such as all
fatal mishaps or all Class A mishaps);
(3) the process by which the military departments, the
Joint Safety Council established under section 352, and other
components of the Department of Defense could refer pending or
completed safety and legal investigations to the Board for
review;
(4) the process by which the Board would evaluate a
particular safety or legal investigation for accuracy,
thoroughness, and objectivity;
(5) the requirements for and process by which the convening
component of an investigation reviewed by the Board should
address the findings of the Board's review of that particular
investigation;
(6) proposed procedures for safeguarding sensitive
information collected during the investigation review process;
and
(7) how and when the Board would be required to report to
the Deputy Secretary of Defense and the Joint Safety Council
established under section 352 on the activities of the Board,
the outcomes of individual investigation reviews performed by
the Board, and the assessment of the Board regarding cross-
cutting themes and trends identified by those reviews.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall submit to
the congressional defense committee the proposal required by subsection
(a) and a timeline for establishing the Board.
SEC. 354. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS ON
PREVENTING TACTICAL VEHICLE TRAINING ACCIDENTS.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, each Secretary concerned shall submit to the
congressional defense committees and to the Comptroller General of the
United States a plan to address the recommendations in the report of
the Government Accountability Office entitled ``Army and Marine Corps
Should Take Additional Actions to Mitigate and Prevent Training
Accidents'' (GAO-21-361). Each such plan shall include, with respect to
each recommendation in such report that the Secretary concerned has
implemented or intends to implement--
(1) a summary of actions that have been or will be taken to
implement the recommendation; and
(2) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, each Secretary concerned shall carry out activities to
implement the plan of the Secretary developed under subsection
(a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--A Secretary concerned
may initiate implementation of a recommendation in the
report referred to in subsection (a) after the date
specified in paragraph (1) if, on or before such date,
the Secretary provides to the congressional defense
committees a specific justification for the delay in
implementation of such recommendation.
(B) Nonimplementation.--A Secretary concerned may
decide not to implement a recommendation in the report
referred to in subsection (a) if, on or before the date
specified in paragraph (1), the Secretary provides to
the congressional defense committees--
(i) a specific justification for the
decision not to implement the recommendation;
and
(ii) a summary of alternative actions the
Secretary plans to take to address the
conditions underlying the recommendation.
(c) Secretary Concerned.--In this section, the term ``Secretary
concerned'' means--
(1) the Secretary of the Army, with respect to the Army;
and
(2) the Secretary of the Navy, with respect to the Navy.
SEC. 355. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY DATA COLLECTION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
the Navy shall jointly carry out a pilot program to evaluate the
feasibility of using data recorders to monitor, assess, and improve the
readiness and safety of the operation of military tactical vehicles.
(b) Purposes.--The purposes of the pilot program are--
(1) to allow for the automated identification of hazards
and potential hazards on and off military installations;
(2) to mitigate and increase awareness of hazards and
potential hazards on and off military installations;
(3) to identify near-miss accidents;
(4) to create a standardized record source for accident
investigations;
(5) to assess individual driver proficiency, risk, and
readiness;
(6) to increase consistency in the implementation of
military installation and unit-level range safety programs
across military installations and units;
(7) to evaluate the feasibility of incorporating metrics
generated from data recorders into the safety reporting systems
and to the Defense Readiness Reporting System as a measure of
assessing safety risks, mitigations, and readiness;
(8) to determine the costs and benefits of retrofitting
data recorders on legacy platforms and including data recorders
as a requirement in acquisition of military tactical vehicles;
and
(9) any other matters as determined by the Secretary
concerned.
(c) Requirements.--In carrying out the pilot program, the
Secretaries shall--
(1) assess the feasibility of using commercial technology,
such as smartphones or technologies used by insurance
companies, as a data recorder;
(2) test and evaluate a minimum of two data recorders that
meet the pilot program requirements;
(3) select a data recorder capable of collecting and
exporting the telemetry data, event data, and driver
identification during operation and accidents;
(4) install and maintain a data recorder on a sufficient
number of each of the covered military tactical vehicles under
subsection (f) at selected installations for statistically
significant results;
(5) establish and maintain a database that contains
telemetry data, driver data, and event data captured by the
data recorder;
(6) regularly generate for each installation under the
pilot program a dataset that is viewable in widely available
mapping software of hazards and potential hazards based on
telemetry data and event data captured by the data recorders;
(7) generate actionable data sets and statistics on
individual, vehicle, and military installation;
(8) require commanders at the covered military
installations to incorporate the actionable data sets and
statistics into the installation range safety program;
(9) require unit commanders at the covered military
installations to incorporate the actionable data sets and
statistics into unit driver safety program;
(10) evaluate the feasibility of integrating data sets and
statistics to improve driver certification and licensing based
on data recorded and generated by the data recorders;
(11) use open architecture to the maximum extent
practicable; and
(12) any other activities determined by the Secretary as
necessary to meet the purposes under subsection (b).
(d) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretaries shall develop a plan for
implementing the pilot program required under this section.
(e) Locations.--Each Secretary concerned shall carry out the pilot
program at not fewer than one military installation in the United
States that meets the following conditions:
(1) Contains the necessary force structure, equipment, and
maneuver training ranges to collect driver and military
tactical vehicle data during training and routine operation.
(2) Represents at a minimum one of the five training ranges
identified in the study by the Comptroller General of the
United States titled ``Army and Marine Corps Should Take
Additional Actions to Mitigate and Prevent Training Accidents''
that did not track unit location during the training events.
(f) Covered Military Tactical Vehicles.--The pilot program shall
cover the following military tactical vehicles:
(1) Army Strykers.
(2) Marine Corps Light Armored Vehicles.
(3) Army Medium Tactical Vehicles.
(4) Marine Corps Medium Tactical Vehicle Replacements.
(g) Metrics.--The Secretaries shall develop metrics to evaluate the
pilot program's effectiveness in monitoring, assessing, and improving
vehicle safety, driver readiness, and mitigation of risk.
(h) Reports.--
(1) Initial.--Not later than 180 days after the date of the
enactment of this Act under this section, the Secretaries shall
jointly submit to the congressional defense committees a report
on the pilot program, addressing the plan for implementing the
requirements in subsection (c), including the established
metrics under subsection (g).
(2) Interim.--Not later than three years after the
commencement of the pilot program, the Secretaries shall
jointly submit to the congressional defense committees a report
on the status of the pilot program, including the preliminary
results in carrying out the pilot program, the metrics
generated during the pilot program, disaggregated by military
tactical vehicle, location, and service, and the implementation
plan under subsection (d).
(3) Final.--Not later than 90 days after the termination of
the pilot program, the Secretaries shall jointly submit to the
congressional defense committees a report on the results of the
program. The report shall--
(A) assess the pilot program's effectiveness in
meeting the purposes under subsection (b);
(B) include the metrics generated during the pilot
program, disaggregated by military tactical vehicle,
location, and service;
(C) include the views of range personnel, unit
commanders, and members of the Armed Forces involved in
the pilot program on the level of effectiveness of the
technology selected;
(D) provide a cost estimate for equipping legacy
military tactical vehicles with data recorders;
(E) determine the instances in which data recorders
should be a requirement in the acquisition of military
tactical vehicles;
(F) recommend whether the pilot program should be
expanded or made into a program of record; and
(G) recommend any statutory, regulatory, or policy
changes required to support the purposes under
subsection (b).
(i) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate five years after the date of the
enactment of this Act.
(j) Definitions.--In this section:
(1) The term ``accident'' means a collision, rollover, or
other mishap involving a motor vehicle.
(2) The term ``data recorder'' means technologies installed
in a motor vehicle to record driver identification, telemetry
data, and event data related to the operation of such motor
vehicle.
(3) The term ``driver identification'' means data enabling
the unique identification of the driver operating the motor
vehicle.
(4) The term ``event data'' includes data related to--
(A) the start and conclusion of each vehicle
operation;
(B) a vehicle accident;
(C) a vehicle acceleration, velocity, or location
with an increased potential for an accident; or
(D) a vehicle orientation with an increased
potential for an accident.
(5) The term ``Secretary concerned'' means--
(A) the Secretary of the Army with respect to
matters concerning the Army; and
(B) the Secretary of the Navy with respect to
matters concerning the Navy and Marine Corps.
(6) The term ``telemetry data'' includes--
(A) time;
(B) vehicle distance traveled;
(C) vehicle acceleration and velocity;
(D) vehicle orientation, including roll, pitch, and
yaw; and
(E) vehicle location in a geographic coordinate
system, including elevation.
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS
RELATING TO MITIGATION AND PREVENTION OF TRAINING
ACCIDENTS.
(a) Requirements.--The Secretary of the Defense shall take such
steps as may be necessary to carry out the following with respect to
the Army, Navy, Marine Corps, and Air Force:
(1) To develop more clearly defined roles for vehicle
commanders and establish mechanisms and procedures for tactical
vehicle risk management to be used by first-line supervisors,
including vehicle commanders.
(2) To evaluate the number of personnel within operational
units who are responsible for tactical vehicle safety and
determine if these units are appropriately staffed, or if any
adjustments are needed to workloads or resource levels to
implement operational unit ground-safety programs.
(3) To ensure that tactical vehicle driver training
programs, including licensing, unit, and follow-on training
programs, have a well-defined process with specific performance
criteria and measurable standards to identify driver skills and
experience under diverse conditions.
(4) To evaluate--
(A) the extent to which ranges and training areas
are fulfilling responsibilities to identify and
communicate hazards to units; and
(B) to the extent to which such responsibilities
are not being carried out, whether existing solutions
are adequate or if additional resources should be
applied to fulfill such responsibilities.
(b) Consultation Requirement.--The Secretary of the Army, the
Secretary of the Navy, the Secretary of the Air Force, and the
Commandant of the Marine Corps shall jointly establish a formal
collaboration forum among Army, Navy, Air Force, and Marine Corps range
officials through which such officials shall share methods for
identifying and communicating hazards to units.
Subtitle E--Reports
SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED MILITARY MANPOWER
IN READINESS REPORTS.
(a) In General.--Section 482(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(11) Information regarding--
``(A) the extent to which any member of the armed
forces is diverted, temporarily assigned, or detailed
outside the member's assigned unit or away from
training in order to perform any function that had been
performed by civilian employees of the Federal
Government or by contractors prior to such diversion,
temporary assignment, or detail; and
``(B) whether such function is within the scope of
the skills required for the military occupational
specialty of such member of the armed forces.''.
SEC. 362. ANNUAL REPORT ON MISSING, LOST, AND STOLEN WEAPONS, LARGE
AMOUNTS OF AMMUNITION, DESTRUCTIVE DEVICES, AND EXPLOSIVE
MATERIAL.
(a) In General.--Section 2722 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``report to
Secretary of the Treasury'' and inserting ``reporting
requirements'';
(2) in subsection (a), by inserting ``and the Director of
the Bureau of Alcohol, Tobacco, and Firearms'' after
``Secretary of the Treasury'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report.--Not later than December 31 each year, the
Secretary shall submit to the congressional defense committees a report
that includes, for the preceding year--
``(1) all instances of missing, lost, or stolen weapons,
large amounts of ammunition, destructive devices, or explosive
material from the stocks of the Department of Defense;
``(2) for each item identified under paragraph (1), the
type, quantity, and serial number, broken down by armed force
and component; and
``(3) such other information the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 161 of such title is amended by striking the item relating to
section 2722 and inserting the following new item:
``2722. Theft or loss of ammunition, destructive devices, and
explosives: reporting requirements.''.
SEC. 363. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS.
Section 8674(d) of title 10, United States Code is amended--
(1) in paragraph (1)--
(A) by striking ``submit to the'' and inserting
``provide to the'';
(B) by inserting ``a briefing and submit to such
committees'' after ``congressional defense
committees''; and
(C) by striking ``setting forth'' and inserting
``regarding'';
(2) in paragraph (2)--
(A) by striking ``in an unclassified form that is
releasable to the public without further redaction.''
and inserting ``in--''; and
(B) by adding at the end the following new
subparagraphs:
``(A) a classified form that shall be available only to the
congressional defense committees; and
``(B) an unclassified form that is releasable to the public
without further redaction''; and
(3) by striking paragraph (3).
SEC. 364. STRATEGY AND ANNUAL REPORT ON CRITICAL LANGUAGE PROFICIENCY
OF SPECIAL OPERATIONS FORCES.
(a) Five-year Strategy.--
(1) Strategy required.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict shall
submit to the congressional defense committees a five-year
strategy to support the efforts of the Secretaries concerned to
identify individuals who have proficiency in a critical
language and to recruit and retain such individuals in the
special operations forces of Armed Forces.
(2) Elements.--The strategy under paragraph (1) shall
include the following:
(A) A baseline of foreign language proficiency
requirements to be implemented within the special
operations forces, disaggregated by Armed Force and by
critical language.
(B) Annual recruitment targets for the number of
candidates with demonstrated proficiency in a critical
language to be selected for participation in the
initial assessment and qualification programs of the
special operations forces.
(C) A description of current and planned efforts of
the Secretaries concerned and the Assistant Secretary
to meet such annual recruitment targets.
(D) A description of any training programs used to
enhance or maintain foreign language proficiency within
the special operations forces, including any non-
governmental programs used.
(E) An annual plan (for each of the five years
covered by the strategy) to enhance and maintain
foreign language proficiency within the special
operations forces of each Armed Force.
(F) An annual plan (for each of the five years
covered by the strategy) to retain members of the
special operation forces of each Armed Force who have
proficiency in a foreign language.
(G) A description of current and projected
capabilities and activities that the Assistant
Secretary determines are necessary to maintain
proficiency in critical languages within the special
operations forces.
(H) A plan to implement a training program for
members of the special operations forces who serve in
positions that the Assistant Secretary determines
require proficiency in a critical language to support
the Department of Defense in strategic competition.
(b) Annual Report.--
(1) Reports required.--Not later than December 31, 2022,
and annually thereafter until December 31, 2027, the Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict shall submit to the congressional defense committees a
report on the recruitment, training, and retention of members
of the special operations forces who have proficiency in a
critical language.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year for which the report is
submitted, the following information:
(A) The number of candidates with demonstrated
proficiency in a critical language who have been
selected for participation in the initial assessment
and qualification programs of the special operations
forces, disaggregated by Armed Force of which the
special operations force is a component.
(B) A description of any variance between the
number specified in subparagraph (A) and the
recruitment target specified in the strategy under
subsection (a)(2)(B) for the corresponding year,
including a justification for any such variance.
(C) As compared to the total number of members of
the special operations forces--
(i) the percentage of such members who have
maintained proficiency in a critical language,
disaggregated by Armed Force;
(ii) the percentage of such members who are
enrolled in a critical language training
program, disaggregated by Armed Force and by
critical language; and
(iii) the average proficiency rating
received by such members with respect to each
critical language, disaggregated by Armed
Force.
(D) As compared to the total number of members of
the special operations force of each Armed Force who
are assigned to a unit with the primary mission of
advising foreign militaries--
(i) the percentage of such members who
maintain proficiency in a foreign language
relevant to such mission; and
(ii) the percentage of such members who are
enrolled in a foreign language training program
relevant to such mission.
(E) As compared to the required baseline specified
in the strategy under subsection (a)(2)(A), the
percentage of members of the special operations force
who have proficiency in a critical language,
disaggregated by Armed Force and by critical language.
(F) A description of any gaps in foreign language
training identified by the Assistant Secretary with
respect to the special operations forces.
(c) Definitions.--In this section:
(1) The term ``critical language'' means a language
identified by the Director of the National Security Education
Program as critical to national security.
(2) The term ``proficiency'' means proficiency in a
language, as assessed by the Defense Language Proficiency Test.
(3) The term ``Secretary concerned'' has the meaning given
such term in section 101 of title 10, United States Code.
(4) The term ``special operations forces'' means forces
described under section 167(j) of title 10, United States Code.
SEC. 365. REPORT AND BRIEFING ON APPROACH FOR CERTAIN PROPERTIES
AFFECTED BY NOISE FROM MILITARY FLIGHT OPERATIONS.
(a) Briefing.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the use and
applicability of the Air Installations Compatible Use Zones program to
support noise mitigation and insulation efforts for fixed wing
aircraft, including any such efforts funded under grants from the
Office of Local Defense Community Cooperation.
(b) Matters.--The briefing under subsection (a) shall include a
discussion of the following:
(1) Changes to current practices regarding Air
Installations Compatible Use Zones that are necessary to
support noise mitigation and insulation efforts relating to
existing covered facilities.
(2) The number of fixed wing aircraft facilities covered by
existing Air Installations Compatible Use Zones studies.
(3) The proportion of existing Air Installations Compatible
Use Zones studies that accurately reflect current and
reasonably foreseeable fixed wing aviation activity.
(4) Expected timelines for each military department to
develop and update all Air Installations Compatible Use Zones
studies to reflect current and reasonably foreseeable fixed
wing activity.
(5) An approximate number of covered facilities anticipated
to be within the 65 dB day-night average sound level for
installations with existing Air Installations Compatible Use
Zones studies, including such facilities specifically located
in crash zones or accident potential zones.
(6) An assessment of the viability of making eligibility to
receive funding for noise mitigation and insulation efforts
contingent on the completion of certain measures to ensure
compatibility of civilian land use activity with Air
Installations Compatible Use Zones conclusions.
(7) Any barriers to the timely review and generation of Air
Installations Compatible Use Zones studies, including with
respect to staffing and gaps in authorities.
(8) The estimated cost to develop and update required Air
Installations Compatible Use Zones practices and studies.
(9) Future opportunities to consult with local communities
affected by noise from military flight operations.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit to the congressional defense
committees a report on the final outcome of the update process with
respect to Air Installations Compatible Use Zones program. Such report
shall include further details and analysis with respect to each matter
specified in subsection (b).
(d) Definitions.--In this section:
(1) The term ``Air Installations Compatible Use Zones
program'' has the meaning given such term in Department of
Defense Instruction 4165.57.
(2) The term ``covered facility'' means any--
(A) private residence;
(B) hospital;
(C) daycare facility;
(D) school; or
(E) facility the primary purpose of which is to
serve senior citizens.
SEC. 366. STUDY ON USE OF MILITARY RESOURCES TO TRANSPORT CERTAIN
INDIVIDUALS AND EFFECT ON MILITARY READINESS.
(a) Study.--The Secretary of Defense shall--
(1) conduct a study examining the effect on military
readiness of using Department of Defense resources to transport
covered individuals; and
(2) submit to Congress a report containing the findings of
such study.
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who has crossed the southern
border of the United States without authorization.
SEC. 367. REPORT AND BRIEFING ON PROJECT PELE MOBILE NUCLEAR
MICROREACTORS.
(a) Briefing.--Not later than 180 days after the date of enactment
of this Act, the Director of the Strategic Capabilities Office of the
Department of Defense, in coordination with the Secretary of Energy,
shall provide to the congressional defense committees a briefing on the
development, and current and predicted progress, of the ``Project
Pele'' effort to design, build, and demonstrate a prototype mobile
nuclear microreactor.
(b) Matters.--The briefing under section (a) shall include a
discussion of the following:
(1) Changes to previous deployment rationales or
strategies.
(2) Proposed deployment locations for mobile nuclear
microreactors, both domestically and abroad.
(3) The safety and regulatory requirements of the proposed
mobile nuclear microreactors, both domestically and abroad.
(4) The need for mobile nuclear microreactors to meet the
energy needs of expeditionary and defensive requirements of the
Department of Defense, including with respect to electric
combat vehicles, and the ability of mobile nuclear
microreactors to adequately meet such needs.
(5) The safety concerns and precautions relating to the
transfer of mobile nuclear microreactors.
(6) The safety concerns and precautions relating to the
demonstration of the deployment of mobile nuclear
microreactors, including by air, before and after the
irradiation of nuclear fuel.
(7) Opportunities to consult with local communities
potentially affected by the deployment, or the demonstration of
the deployment, of mobile nuclear microreactors.
(8) Security concerns related to potential adversarial
attacks on deployed mobile nuclear microreactors or adversarial
seizing of mobile nuclear microreactors, and the radioactive
fuel therein, for use in radiological weapons.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Director shall submit to the congressional defense
committees a report on the current progress of the ``Project Pele''
effort described in subsection (a) that addresses each of the matters
under subsection (b).
Subtitle F--Other Matters
SEC. 371. BUDGET JUSTIFICATION FOR OPERATION AND MAINTENANCE.
(a) Subactivity Group by Future Years.--Section 233 of title 10,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Subactivity Groups.--The Secretary of Defense, in
consultation with the Secretary of each of the military departments,
shall include in the materials submitted to Congress by the Secretary
of Defense in support of the President's budget, in an unclassified
format, the total amount projected for each individual subactivity
group, as detailed in the future years defense program pursuant to
section 221 of this title.''.
(b) Budget Submission Display.--Section 233 of title 10, United
States Code, is further amended by inserting after subsection (c), as
added by subsection (a), the following new subsection:
``(d) Budget Display.--The Secretary of Defense, in consultation
with the Secretary of each of the military departments, shall include
in the O&M justification documents a budget display to provide for
discussion and evaluation of the resources required to meet material
readiness objectives, as identified in the metrics required by section
118 of this title, together with any associated risks to the supply
chain. For each major weapon system, by designated mission design
series, variant, or class, the budget display required under this
subsection for the budget year shall include each of the following:
``(1) The material availability objective established in
accordance with the requirements of section 118 of this title.
``(2) The funds obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year for the purpose of achieving the
material readiness objectives identified in accordance with
section 118 of this title.
``(3) The funds estimated to be obligated by subactivity
group within the operation and maintenance accounts for the
fiscal year preceding the budget year for the purpose of
achieving the material readiness objectives identified in
accordance with section 118 of this title.
``(4) The funds budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group for the purpose of achieving the
material readiness objectives identified in accordance with
section 118 of this title.
``(5) A narrative discussing the performance of the
Department against established material readiness objectives
for each major weapon system by mission design series, variant,
or class.''.
(c) Implementation Deadline.--The Secretary of Defense shall ensure
that the budget display requirements required under the amendments made
by this section are included in the budget request for fiscal year 2023
and all fiscal years thereafter.
(d) Conforming Repeal.--Section 357 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 221 note) is repealed.
SEC. 372. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY WORKING
DOGS.
(a) Prohibition on Charge for Transfer of Military Animals.--
Subsection (d) of section 2583 of title 10, United States Code, is
amended by striking ``may'' and inserting ``shall''.
(b) Inclusion of Military Working Dogs in Certain Research and
Plans.--
(1) Research under joint trauma education and training
directorate.--Subsection (b) of section 708 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 1071 note) is amended--
(A) in paragraph (7), by striking ``of members of
the Armed Forces'' and inserting ``with respect to both
members of the Armed Forces and military working
dogs''; and
(B) by striking paragraph (9) and inserting the
following new paragraph:
``(9) To inform and advise the conduct of research on the
leading causes of morbidity and mortality of members of the
Armed Forces and military working dogs in combat.''.
(2) Veterinarians in personnel management plan.--Subsection
(d)(1) of such section is amended--
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Veterinary services.''.
SEC. 373. MANAGEMENT OF FATIGUE AMONG CREW OF NAVAL SURFACE SHIPS AND
RELATED IMPROVEMENTS.
(a) Requirement.--The Secretary of the Navy shall implement each
recommendation for executive action set forth in the report of the
Government Accountability Office titled ``Navy Readiness: Additional
Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and
Implement Training'' (GAO-21-366).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees and the Comptroller General a report
on the status of actions taken by the Secretary to monitor crew fatigue
and ensure equitable fatigue management throughout the naval surface
ship fleet in accordance with subparagraph (a). Such report shall
include the following:
(1) An assessment of the extent of crew fatigue throughout
the naval surface ship fleet.
(2) A description of the metrics used to assess the extent
of fatigue pursuant to paragraph (1).
(3) An identification of results-oriented goals for
effective fatigue management.
(4) An identification of timeframes for achieving the goals
identified pursuant to paragraph (3).
(c) Comptroller General Assessment.--Not later than 90 days after
the date on which the Comptroller General receives the report under
subsection (b), the Comptroller General shall brief the congressional
defense committees on the extent to which the actions and goals
described in the report meet the requirements of subsection (a).
SEC. 374. AUTHORITY TO ESTABLISH CENTER OF EXCELLENCE FOR RADAR SYSTEMS
AND COMPLEMENTARY WORKFORCE AND EDUCATION PROGRAMS.
(a) Authority.--The Secretary of Defense may establish a Center of
Excellence for radar systems and complementary workforce and education
programs.
(b) Functions.--If the Secretary establishes the Center authorized
under subsection (a), such Center shall be designed to further the
expertise of the Department of Defense in the repair, sustainment, and
support of radar systems, as identified by the Joint Radar Industrial
Base Working Group and the Radar Supplier Resiliency Plan, by
conducting the following activities, as appropriate:
(1) Facilitating collaboration among academia, the
Department, and the commercial radar industry, including radar
system repair and sustainment facilities.
(2) Establishing goals for research in areas of study
relevant to advancing technology and facilitating better
understanding of the necessity of radar systems in the growing
development and reliance on automated and complex defense
systems, including continuing education and training.
(3) Establishing at any institution of higher education
with which the Secretary enters into an agreement under
subsection (c) such activities as are necessary to develop and
meet the requirements of the Department.
(4) Increasing communications with radar systems subject-
matter experts in industry to learn and support state-of-the-
art operational practices, especially studied future needs of
the Department related to autonomous systems.
(c) Eligible Participants.--If the Secretary establishes the Center
authorized under subsection (a)--
(1) the Secretary may enter into an agreement with one or
more institutions of higher education to provide for joint
operation of the Center; and
(2) the Center may partner with nonprofit institutions and
private industry with expertise in radar systems to further the
mission of the Center.
(d) Location.--If the Secretary establishes the Center authorized
under subsection (a), in determining the location of the Center, the
Secretary shall take into account the proximity to existing radar
system facilities capable of efficiently facilitating partnership
between the Department, industry, and an academic institution.
(e) Coordination.--Nothing in this section shall preclude the
coordination or collaboration between any Center established under this
section and any other established center of excellence.
(f) Institution of Higher Education Defined.--The term
``institution of higher education'' has the meaning given that term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 375. PILOT PROGRAM ON MILITARY WORKING DOG AND EXPLOSIVES
DETECTION CANINE HEALTH AND EXCELLENCE.
(a) Pilot Program.--Not later than September 31, 2022, the
Secretary of Defense shall carry out a pilot program to ensure the
health and excellence of explosives detection military working dogs.
Under such pilot program, the Secretary shall consult with domestic
breeders of working dog lines, covered institutions of higher
education, and covered national domestic canine associations, to--
(1) facilitate the presentation of domestically-bred
explosives detection military working dogs for assessment for
procurement by the Department of Defense, at a rate of at least
100 canines presented per fiscal year;
(2) facilitate the delivery and communication to domestic
breeders, covered institutions of higher education, and covered
national domestic canine associations, of information
regarding--
(A) any specific needs or requirements for the
future acquisition by the Department of explosives
detection military working dogs; and
(B) any factors identified as relevant to the
success or failure of explosives detection military
working dogs presented for assessment pursuant to this
section;
(3) collect information on the biological and health
factors of explosives detection military working dogs procured
by the Department, and make such information available for
academic research and to domestic breeders; and
(4) collect and make available genetic and phenotypic
information, including canine rearing and training data for
study by domestic breeders and covered institutions of higher
education, for the further development of working canines that
are bred, raised, and trained domestically.
(b) Consultations.--In carrying out the pilot program under
subsection (a), the Secretary may consult with the working group
established pursuant to section 1927 of the FAA Reauthorization Act of
2018 (Public Law 115-254; 6 U.S.C. 1116 note).
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on October 1, 2024.
(d) Definitions.--In this section:
(1) The term ``covered institution of higher education''
means an institution of higher education, as such term is
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001), with demonstrated expertise in veterinary
medicine for working canines.
(2) The term ``covered national domestic canine
association'' means a national domestic canine association with
demonstrated expertise in the breeding and pedigree of working
canine lines.
(3) The term ``explosives detection military working dog''
means a canine that, in connection with the work duties of the
canine performed for the Department of Defense, is certified
and trained to detect odors indicating the presence of
explosives in a given object or area, in addition to the
performance of such other duties for the Department as may be
assigned.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 376. DEPARTMENT OF DEFENSE RESPONSE TO MILITARY LAZING INCIDENTS.
(a) Investigation Into Lazing of Military Aircraft.--
(1) Investigation required.--The Secretary of Defense shall
conduct a formal investigation into incidents of military
aircraft being lazed by the general population in Hawaii. The
Secretary shall carry out such investigation in coordination
and collaboration with appropriate non-Department of Defense
entities.
(2) Report to congress.--Not later than March 31, 2022, the
Secretary shall submit to the congressional defense committees
a report on the findings of the investigation conducted
pursuant to paragraph (1).
(b) Information Sharing.-- The Secretary shall seek to increase
information sharing between the Department of Defense and the States
with respect to incidents of lazing of military aircraft, including by
entering into memoranda of understanding with State law enforcement
agencies on information sharing in connection with such incidents to
provide for procedures for closer cooperation with local law
enforcement in responding to such incidents as soon as they are
reported.
(c) Data Collection and Tracking.--The Secretary shall collect such
data as may be necessary to track the correlation between noise
complaints and incidents of military aircraft lazing.
(d) Operating Procedures.--The Secretary shall give consideration
to adapting local operating procedures in areas with high incidence of
military aircraft lazing incidents to reduce potential injury to
aircrew.
(e) Eye Protection.--The Secretary shall examine the availability
of commercial off-the-shelf laser eye protection equipment that
protects against the most commonly available green light lasers that
are available to the public. If the Secretary determines that no such
laser eye protection equipment is available, the Secretary shall
conduct research and develop such equipment.
SEC. 377. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
Section 2284(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking ``the
Department of Defense'' and all that follows and
inserting ``the Program;'';
(C) by adding at the end the following new
subparagraphs:
``(C) direct the executive agent to designate a
joint program executive officer for the Program; and
``(D) assign the Director of the Defense Threat
Reduction Agency to manage the Defense-wide program
element funding for the Program.''.
(2) by striking paragraph (4);
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(5) by adding at the end the following new paragraphs:
``(5) the Secretary of the Navy shall designate a Navy
explosive ordnance disposal-qualified admiral officer to serve
as the co-chair of the Program; and
``(6) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall designate the
Deputy Assistant Secretary of Defense for Special Operations
and Combating Terrorism as the co-chair of the Program.''.
SEC. 378. PILOT PROGRAM ON USE OF WORKING DOGS TO DETECT EARLY STAGES
OF DISEASES.
(a) Pilot Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall commence a pilot
program to determine the effectiveness of using scent detection working
dogs to detect the early stages of diseases (including the coronavirus
disease 2019 (COVID-19)) and upon detection, to alert the handler of
the dog. In carrying out such program, the Secretary shall consider--
(1) potential uses for such dogs in screening individuals
seeking to access facilities under the jurisdiction of the
Department of Defense or seeking to access locations frequently
used by the public and relevant to public safety; and
(2) any other potential uses for such dogs relating to the
detection of early stages of diseases, including uses relating
to the management and provision of personal protective
equipment and medical testing kits to Department of Defense
personnel.
(b) Regulations.--The Secretary shall prescribe regulations
concerning the scope and limitations of the pilot program under
subsection (a). Such regulations shall include requirements to ensure
that the pilot program is scientifically rigorous.
(c) Duration.--The Secretary shall carry out the pilot program
under subsection (a) for a period of not more than four years.
(d) Report.--Not later than 180 days after the date on which the
pilot program under subsection (a) terminates, the Secretary shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the outcomes of such pilot
program.
SEC. 379. STUDY ON DISEASE PREVENTION FOR MILITARY WORKING DOGS.
Not later than 180 days after the date of the enactment of this
Act, the head of the Army Veterinary Services shall submit to Congress
a report containing the findings of an updated study on the potential
introduction of foreign animal diseases and current prevention protocol
and strategies to protect the health of military working dogs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2022, as follows:
(1) The Army, 485,000.
(2) The Navy, 346,200.
(3) The Marine Corps, 178,500.
(4) The Air Force, 328,300.
(5) The Space Force, 8,400.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (5) and inserting the following new
paragraphs:
``(1) For the Army, 485,000.
``(2) For the Navy, 346,200.
``(3) For the Marine Corps, 178,500.
``(4) For the Air Force, 328,300.
``(5) For the Space Force, 8,400.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2022, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 58,600.
(4) The Marine Corps Reserve, 36,800.
(5) The Air National Guard of the United States, 108,300.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2022, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,293.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 26,661.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2022 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 9,885.
(4) For the Air Force Reserve, 7,111.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2022, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING ACTIVE
DUTY OR FULL-TIME NATIONAL GUARD DUTY TOWARDS AUTHORIZED
END STRENGTHS.
Section 115(b)(2)(B) of title 10, United States Code, is amended by
striking ``1095 days in the previous 1460 days'' and inserting ``1825
days in the previous 2190 days''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2022 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2022.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Reserve Component Management
SEC. 501. GRADE OF CERTAIN CHIEFS OF RESERVE COMPONENTS.
(a) In General.--
(1) Chief of army reserve.--Section 7038(b)(1) of title 10,
United States Code, is amended by striking ``general officers
of the Army Reserve'' and inserting ``officers of the Army
Reserve in the grade of lieutenant general and''.
(2) Chief of navy reserve.--Section 8083(b)(1) of such
title is amended by striking ``flag officers of the Navy (as
defined in section 8001(1))'' and inserting ``officers of the
Navy Reserve in the grade of vice admiral and''.
(3) Commander, marine forces reserve.--Section 8084(b)(1)
of such title is amended by striking ``general officers of the
Marine Corps (as defined in section 8001(2))'' and inserting
``officers of the Marine Corps Reserve in the grade of
lieutenant general and''.
(4) Chief of air force reserve.--Section 9038(b)(1) of such
title is amended by striking ``general officers of the Air
Force Reserve'' and inserting ``officers of the Air Force
Reserve in the grade of lieutenant general and''.
(b) Effective Date.--The amendments made under subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act and shall apply to appointments made after such
date.
SEC. 502. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Grade.--(1) The Vice Chief of the National Guard Bureau shall
be appointed to serve in the grade of general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of Vice Chief
of the National Guard Bureau as one of the general officer and flag
officer positions to be excluded from the limitations in subsection (a)
of such section.''.
SEC. 503. PROHIBITION ON PRIVATE FUNDING FOR INTERSTATE DEPLOYMENT OF
NATIONAL GUARD.
(a) Prohibition.--Chapter 3 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 329. Prohibition on private funding for interstate deployment
``A member of the National Guard may not be ordered to cross a
border of a State to perform duty (under this title, title 10, or State
active duty) if such duty is paid for with private funds, unless such
duty is in response to a major disaster or emergency under section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170).''.
(b) Technical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``329. Prohibition on private funding for interstate deployment.''.
SEC. 504. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE OFFICER FOR
CERTAIN FULL-TIME NATIONAL GUARD DUTY PERFORMED IN A
STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA.
Section 502(f)(2)(A) of title 32, United States Code, is amended to
read as follows:
``(A) Support of operations or missions undertaken by the
member's unit at the request of the President or Secretary of
Defense, with the consent of--
``(i) the chief executive officer of each State (as
that term is defined in section 901 of this title) in
which such operations or missions shall take place; and
``(ii) if such operations or missions shall take
place in the District of Columbia, the Mayor of the
District of Columbia.''.
SEC. 505. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS; REPORT ON METHODS
TO ENHANCE DOMESTIC RESPONSE TO LARGE SCALE, COMPLEX AND
CATASTROPHIC DISASTERS.
(a) In General.--Section 502(f) of title 32, United States Code, is
amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Operations or missions authorized by the President or
the Secretary of Defense to support large scale, complex,
catastrophic disasters, as defined by section 311(3) of title
6, United States Code, at the request of a State governor.'';
and
(2) by adding at the end the following:
``(4) With respect to operations or missions described
under paragraph (2)(C), there is authorized to be appropriated
to the Secretary of Defense such sums as may be necessary to
carry out such operations and missions, but only if--
``(A) an emergency has been declared by the
governor of the applicable State; and
``(B) the President has declared the emergency to
be a major disaster for the purposes of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act.''.
(b) Report on Methods to Enhance Domestic Response to Large Scale,
Complex and Catastrophic Disasters.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation and coordination with the Federal Emergency
Management Agency, the National Security Council, the Council
of Governors, and the National Governors Association, shall
submit to the congressional defense, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report on their plan to establish policy and processes to
implement the authority provided by the amendments made by
section 520. The report shall include a detailed examination of
the policy framework consistent with existing authorities,
identify major statutory or policy impediments to
implementation, and make recommendations for legislation as
appropriate.
(2) Contents.--The report submitted under paragraph (1)
shall include a description of--
(A) the current policy and processes whereby
governors can request activation of the National Guard
under title 32, United States Code, as part of the
response to large scale, complex, catastrophic
disasters that are supported by the Federal Government
and, if no formal process exists in policy, the
Secretary of Defense shall provide a timeline and plan
to establish such a policy, including consultation with
the Council of Governors and the National Governors
Association;
(B) the Secretary of Defense's assessment, informed
by consultation with the Federal Emergency Management
Agency, the National Security Council, the Council of
Governors, and the National Governors Association,
regarding the sufficiency of current authorities for
the reimbursement of National Guard and Reserve
manpower during large scale, complex, catastrophic
disasters under title 10 and title 32, United States
Code, and specifically whether reimbursement
authorities are sufficient to ensure that military
training and readiness are not degraded to fund
disaster response, or invoking them degrades the
effectiveness of the Disaster Relief Fund;
(C) the Department of Defense's plan to ensure
there is parallel and consistent policy in the
application of the authorities granted under section
12304a of title 10, United States Code, and section
502(f) of title 32, United States Code, including--
(i) a description of the disparities
between benefits and protections under Federal
law versus State active duty;
(ii) recommended solutions to achieve
parity at the Federal level; and
(iii) recommended changes at the State
level, if appropriate;
(D) the Department of Defense's plan to ensure
there is parity of benefits and protections for
military members employed as part of the response to
large scale, complex, catastrophic disasters under
title 32 or title 10, United States Code, and
recommendations for addressing shortfalls; and
(E) a review, by the Federal Emergency Management
Agency, of the current policy for, and an assessment of
the sufficiency of, reimbursement authority for the use
of all National Guard and Reserve, both to the
Department of Defense and to the States, during large
scale, complex, catastrophic disasters, including any
policy and legal limitations, and cost assessment
impact on Federal funding.
SEC. 506. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
The Secretary of Defense shall continue to support the FireGuard
program with National Guard personnel to aggregate, analyze, and assess
multi-source remote sensing information for interagency partnerships in
the initial detection and monitoring of wildfires until September 30,
2026. After such date, the Secretary may not reduce such support, or
transfer responsibility for such support to an interagency partner,
until 30 days after the date on which the Secretary submits to the
Committees on Armed Services of the Senate and House of Representatives
written notice of such proposed change, and reasons for such change.
SEC. 507. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE STRUCTURE
BASED ON DOMESTIC RESPONSES.
(a) Study.--The Secretary of Defense, in consultation with the
Chief of the National Guard Bureau and the Adjutants General, shall
conduct a study to determine whether to reapportion the force structure
of the National Guard based on wartime and domestic response
requirements. The study under shall include the following elements:
(1) An assessment how domestic response missions affect
recruitment and retention of qualified personnel, especially in
States--
(A) with the lowest ratios of National Guard
members to the general population; and
(B) that are most prone to natural disasters.
(2) An assessment how domestic response missions affect the
ability of the National Guard of a State to ability to staff,
equip, and ready a unit for its Federal missions.
(3) An comparison of the costs of a response to a domestic
incident in a State with--
(A) units of the National Guard of such State; and
(B) units of the National Guards of other States
pursuant to an emergency management assistance compact.
(4) Based on the recommendations in the 2021 report of the
National Guard Bureau titled ``Impact of U.S. Population Trends
on National Guard Force Structure'', an assessment of--
(A) challenges to recruiting members of the
National Guard and allocating mission sets to other
geographic regions; and
(B) the ability to track and respond to domestic
migration trends in order to establish a baseline for
force structure requirements.
(5) In light of the limited authority of the President
under section 104(c) of title 32, United States Code, an
assessment of whether the number of members of the National
Guard is sufficient to reapportion force structure to meet the
requirements of domestic responses and shifting populations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the results of the study under subsection (a).
(c) State Defined.--In this section, the term ``State'' includes
the various States and Territories, the Commonwealth of Puerto Rico,
and the District of Columbia.
SEC. 508. REPORT ON FEASIBILITY AND ADVISABILITY OF INCLUDING
CYBERSECURITY OPERATIONS AND MISSIONS TO PROTECT CRITICAL
INFRASTRUCTURE BY MEMBERS OF THE NATIONAL GUARD IN
CONNECTION WITH TRAINING OR OTHER DUTY.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
feasibility and advisability of including in the duty described in
section 502(f)(1) of title 32, United States Code, training or other
duty relating to cybersecurity operations or missions undertaken by the
member's unit at the request of the Governor of the State concerned to
protect critical infrastructure (as that term is defined in the
Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)).
SEC. 509. ACCESS TO TOUR OF DUTY SYSTEM.
(a) Access.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Army shall
ensure, subject to paragraph (2), that a member of the reserve
components of the Army may access the Tour of Duty system using
a personal internet-enabled device.
(2) Exception.--The Secretary of the Army may restrict
access to the Tour of Duty system on personal internet-enabled
devices if the Secretary determines such restriction is
necessary to ensure the security and integrity of information
systems and data of the United States.
(b) Tour of Duty System Defined.--In this Act, the term ``Tour of
Duty system'' means the online system of listings for opportunities to
serve on active duty for members of the reserve components of the Army
and through which such a member may apply for such an opportunity,
known as ``Tour of Duty'', or any successor to such system.
SEC. 509A. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) Authority.--During fiscal year 2022, the Secretary of Defense
may provide assistance to a National Guard Youth Challenge Program of a
State--
(1) in addition to assistance under subsection (d) of
section 509 of title 32, United States Code;
(2) that is not subject to the matching requirement under
such subsection; and
(3) for the following purposes:
(A) New program start-up costs.
(B) Special projects.
(C) Workforce development programs.
(D) Emergency costs.
(b) Limitations.--
(1) Matching.--The Secretary may not provide additional
assistance under this section to a State that does not comply
with the matching requirement under such subsection regarding
assistance under such subsection.
(2) Total assistance.--Total assistance under this section
to all States may not exceed 10 percent of the funds
appropriated for the National Guard Youth Challenge Program for
fiscal year 2022.
(c) Reporting.--Any assistance provided under this section shall be
included in the annual report under subsection (k) of such section.
Subtitle B--General Service Authorities and Military Records
SEC. 511. PROHIBITION ON COMMISSIONING OR ENLISTMENT IN THE ARMED
FORCES OF AN INDIVIDUAL CONVICTED OF A FELONY HATE CRIME.
(a) Prohibition.--Section 657 of title 10, United States Code, is
amended--
(1) in the heading, by striking ``sexual''; and
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(5) An offense under section 249 of title 18.
``(6) An offense under State or local law--
``(A) described in section 245(a)(1) of title 18;
or
``(B) the elements of which are substantially
similar to those of an offense under section 247 or 249
of title 18.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 37 of such title is amended by striking the item relating to
section 657 and inserting the following:
``657. Prohibition on service in the armed forces by individuals
convicted of certain offenses.''.
SEC. 512. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR PARTICIPATION IN
CAREER INTERMISSION PROGRAM OF A MILITARY DEPARTMENT.
Section 710(c)(3) of title 10, United States Code, is amended by
striking ``two months'' and inserting ``one month''.
SEC. 513. MODERNIZATION OF THE SELECTIVE SERVICE SYSTEM.
(a) Reference.--Except as expressly provided otherwise, any
reference in this section to a section or other provision shall be
deemed to be a reference to that section or other provision of the
Military Selective Service Act (50 U.S.C. 3801 et seq.).
(b) Purpose of Selective Service.--Section 1(b) (50 U.S.C. 3801(b))
is amended--
(1) by striking ``armed strength'' and inserting ``military
strength'';
(2) by striking ``insure'' and inserting ``ensure''; and
(3) by inserting before the period at the end the
following: ``by ensuring adequate personnel with the requisite
capabilities to meet the mobilization needs of the Department
of Defense during a national emergency and not solely to
provide combat replacements''.
(c) Solemnity of Military Service.--Section 3 (50 U.S.C. 3802) is
amended by adding at the end the following:
``(c) Regulations prescribed pursuant to subsection (a) shall
include methods to convey to every person required to register the
solemn obligation for military service in the event of a military
draft.''.
(d) Expanded Registration to All Americans.--
(1) Section 3(a) (50 U.S.C. 3802(a)) is amended--
(A) by striking ``male citizen'' and inserting
``citizen'';
(B) by striking ``male person'' and inserting
``person'';
(C) by striking ``present himself'' and inserting
``appear''; and
(D) by striking ``so long as he'' and inserting
``so long as such alien''.
(2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking
``enlisted men'' and inserting ``enlisted persons''.
(3) Section 5 (50 U.S.C. 3805) is amended--
(A) in subsection (a)(1)--
(i) by striking ``race or color'' and
inserting ``race, color, sex, or gender''; and
(ii) by striking ``call for men'' and
inserting ``call for persons''; and
(B) in subsection (b), by striking ``men'' each
place it appears and inserting ``persons''.
(4) Section 6 (50 U.S.C. 3806) is amended--
(A) in subsection (a)(1)--
(i) by striking ``enlisted men'' and
inserting ``enlisted persons''; and
(ii) by striking ``accrue to him'' and
inserting ``accrue to such alien''; and
(B) in subsection (h)--
(i) by striking ``(other than wives alone,
except in cases of extreme hardship)''; and
(ii) by striking ``wives and children'' and
inserting ``spouses and children''.
(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended--
(A) by striking ``the President is requested'' and
all that follows through ``within its jurisdiction''
and inserting ``the President is requested to appoint
the membership of each local board so that each board
has both male and female members and, to the maximum
extent practicable, it is proportionately
representative of the race, national origin, and sex of
those registrants within its jurisdiction''; and
(B) by striking ``race or national origin'' and
inserting ``race, sex, or national origin''.
(6) Section 16(a) (50 U.S.C. 3814(a)) is amended by
striking ``men'' and inserting ``persons''.
(e) Maintaining the Health of the Selective Service System.--
Section 10(a) (50 U.S.C. 3809(a)) is amended by adding at the end the
following new paragraph:
``(5) The Selective Service System shall conduct exercises
periodically of all mobilization plans, systems, and processes
to evaluate and test the effectiveness of such plans, systems,
and processes. Once every 4 years, the exercise shall include
the full range of internal and interagency procedures to ensure
functionality and interoperability and may take place as part
of the Department of Defense mobilization exercise under
section 10208 of title 10, United States Code. The Selective
Service System shall conduct a public awareness campaign in
conjunction with each exercise to communicate the purpose of
the exercise to the public.''.
(f) Due Process for Failure To Register.--
(1) Section 12 (50 U.S.C. 3811) is amended--
(A) in subsection (f)--
(i) in paragraph (2), by inserting before
the period at the end ``or proof of
registration in accordance with subsection
(g)'';
(ii) in paragraph (3)--
(I) in the first sentence, by
striking ``compliance'' and inserting
``compliance or proof of
registration''; and
(II) in the second sentence, by
inserting before the period at the end
``or proof of registration''; and
(iii) in paragraph (4), in the second
sentence--
(I) by striking ``thereunder'' and
inserting ``thereunder, or failure to
provide proof of registration in
accordance with subsection (g),''; and
(II) by inserting before the period
at the end ``or has registered in
accordance with subsection (g)''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``; and''
and inserting ``and the person shows by a
preponderance of the evidence that the failure
of the person to register was not a knowing and
willful failure to register; or''; and
(ii) by amending paragraph (2) to read as
follows:
``(2) the person was provided notice of the person's
failure to register and the person registered within 30 days
with the Selective Service System, regardless of the person's
age at the time of registration.''.
(g) Technical and Conforming Amendments.--The Military Selective
Service Act is amended--
(1) in section 4 (50 U.S.C. 3803)--
(A) in subsection (a) in the third undesignated
paragraph--
(i) by striking ``his acceptability in all
respects, including his'' and inserting ``such
person's acceptability in all respects,
including such person's''; and
(ii) by striking ``he may prescribe'' and
inserting ``the President may prescribe'';
(B) in subsection (c)--
(i) in paragraph (2), by striking ``any
enlisted member'' and inserting ``any person
who is an enlisted member''; and
(ii) in paragraphs (3), (4), and (5), by
striking ``in which he resides'' and inserting
``in which such person resides'';
(C) in subsection (g), by striking ``coordinate
with him'' and inserting ``coordinate with the
Director''; and
(D) in subsection (k)(1), by striking ``finding by
him'' and inserting ``finding by the President'';
(2) in section 5(d) (50 U.S.C. 3805(d)), by striking ``he
may prescribe'' and inserting ``the President may prescribe'';
(3) in section 6 (50 U.S.C. 3806)--
(A) in subsection (c)(2)(D), by striking ``he may
prescribe'' and inserting ``the President may
prescribe'';
(B) in subsection (d)(3), by striking ``he may deem
appropriate'' and inserting ``the President considers
appropriate''; and
(C) in subsection (h), by striking ``he may
prescribe'' each place it appears and inserting ``the
President may prescribe'';
(4) in section 10 (50 U.S.C. 3809)--
(A) in subsection (b)--
(i) in paragraph (3)--
(I) by striking ``He shall create''
and inserting ``The President shall
create''; and
(II) by striking ``upon his own
motion'' and inserting ``upon the
President's own motion'';
(ii) in paragraph (4), by striking ``his
status'' and inserting ``such individual's
status''; and
(iii) in paragraphs (4), (6), (8), and (9),
by striking ``he may deem'' each place it
appears and inserting ``the President
considers''; and
(B) in subsection (c), by striking ``vested in
him'' and inserting ``vested in the President'';
(5) in section 13(b) (50 U.S.C. 3812(b)), by striking
``regulation if he'' and inserting ``regulation if the
President'';
(6) in section 15 (50 U.S.C. 3813)--
(A) in subsection (b), by striking ``his'' each
place it appears and inserting ``the registrant's'';
and
(B) in subsection (d), by striking ``he may deem''
and inserting ``the President considers'';
(7) in section (16)(g) (50 U.S.C. 3814(g))--
(A) in paragraph (1), by striking ``who as his
regular and customary vocation'' and inserting ``who,
as such person's regular and customary vocation,''; and
(B) in paragraph (2)--
(i) by striking ``one who as his customary
vocation'' and inserting ``a person who, as
such person's customary vocation,''; and
(ii) by striking ``he is a member'' and
inserting ``such person is a member'';
(8) in section (18)(a) (50 U.S.C. 3816(a)), by striking
``he is authorized'' and inserting ``the President is
authorized'';
(9) in section 21 (50 U.S.C. 3819)--
(A) by striking ``he is sooner'' and inserting
``sooner'';
(B) by striking ``he'' each subsequent place it
appears and inserting ``such member''; and
(C) by striking ``his consent'' and inserting
``such member's consent'';
(10) in section 22(b) (50 U.S.C. 38290(b)), in paragraphs
(1) and (2), by striking ``his'' each place it appears and
inserting ``the registrant's''; and
(11) except as otherwise provided in this section--
(A) by striking ``he'' each place it appears and
inserting ``such person'';
(B) by striking ``his'' each place it appears and
inserting ``such person's'';
(C) by striking ``him'' each place it appears and
inserting ``such person''; and
(D) by striking ``present himself'' each place it
appears in section 12 (50 U.S.C. 3811) and inserting
``appear''.
(h) Conforming Amendments to Other Laws.--
(1) Section 3328 of title 5, United States Code, is amended
by striking subsection (a) and inserting the following:
``(a) An individual who was required to register under section 3 of
the Military Selective Service Act (50 U.S.C. 3803) but failed to meet
the registration requirements of section 3 of that Act shall be
ineligible for appointment to a position in an Executive agency,
unless--
``(1) the requirement for the person to so register has
terminated or become inapplicable to the person and the person
shows by a preponderance of the evidence that the failure of
the person to register was not a knowing and willful failure to
register; or
``(2) the person was provided notice of the person's
failure to register and the person registered within 30 days
with the Selective Service System, regardless of the person's
age at the time of registration.''.
(2) Section 484(n) of the Higher Education Act of 1965 (20
U.S.C. 1091(n)) is amended by striking ``(50 U.S.C. App.
462(f))'' and inserting ``(50 U.S.C. 3811(f))''.
(i) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that the
amendments made by subsections (d) and (h)(1) shall take effect one
year after such date of enactment.
SEC. 514. IMPROVEMENTS TO MILITARY ACCESSIONS IN ARMED FORCES UNDER THE
JURISDICTION OF THE SECRETARIES OF THE MILITARY
DEPARTMENTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department shall
take the following steps regarding military accessions in each Armed
Force under the jurisdiction of such Secretary:
(1) Assess the prescribed medical standards for appointment
as an officer, or enlistment as a member, in such Armed Force.
(2) Determine how to update the medical screening processes
for appointment or enlistment.
(3) Determine how to standardize operations across the
military entrance processing stations.
(4) Determine how to improve aptitude testing methods and
standardized testing requirements.
(5) Implement improvements determined or identified under
paragraphs (1) through (4).
(b) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary shall submit to the appropriate
congressional committees a report containing the results of carrying
out this section and recommendations regarding legislation the
Secretary determines necessary to improve such military accessions.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 515. AUTHORIZATION OF PERMISSIVE TEMPORARY DUTY FOR WELLNESS.
In order to reduce the rate of suicides in the Armed Forces, the
Secretary of each military department shall prescribe regulations that
authorize a member of an Armed Force under the jurisdiction of such
Secretary to take not more than two weeks of permissive temporary duty
each year to attend a seminar, retreat, workshop, or outdoor
recreational therapy event--
(a) hosted by a non-profit organization; and
(b) that focuses on psychological, physical, spiritual, or social
wellness.
SEC. 516. REQUIRED STAFFING OF ADMINISTRATIVE SEPARATION BOARDS.
(a) In General.--The Secretary of the military department concerned
shall ensure that any administrative separation board under the
jurisdiction of such Secretary has assigned to it the following:
(1) A nonvoting legal advisor who shall be responsible for
providing legal advice to the President of the board on--
(A) the operations and procedures of the board; and
(B) matters under consideration by the board.
(2) A nonvoting recorder who shall be responsible for
representing the separation authority in the in the proceedings
before the board.
(b) Selection and Supervision.--
(1) In general.--The nonvoting legal advisor referred to in
subsection (a)(1) and the recorder referred to in subsection
(a)(2) shall each be selected by the staff judge advocate and
each shall serve under the supervision of such staff judge
advocate.
(2) Certification.--The staff judge advocate who selects
the recorder under paragraph (1) shall include in the record of
the proceedings of the board a written certification affirming
that the recorder has the legal skills necessary to competently
fulfill the duties of that position.
SEC. 517. ADMINISTRATIVE SEPARATION: MISCELLANEOUS AUTHORITIES AND
REQUIREMENTS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense and each Secretary of a military
department shall prescribe regulations and guidance for administrative
separations of enlisted members under the jurisdiction of such
Secretary that--
(1) authorize the Secretary of the military department
concerned to characterize an administrative discharge,
considered by an administrative separation board under
regulations prescribed by such Secretary--
(A) under any conditions (including other than
honorable); and
(B) notwithstanding the recommendation of such
administrative separation board; and
(2) in the case of an administrative separation on the
basis of an offense by the member against an individual, allow
such individual to request that at least one voting member of
the administrative separation board be of the same gender,
race, or ethnicity of such individual.
SEC. 518. PROHIBITION ON ALGORITHMIC CAREER TERMINATION.
No funds authorized to be appropriated by this Act may be used to
subject a member of the Armed Forces under the jurisdiction of a
Secretary of a military department to discipline of any kind solely
based on the output of an automated algorithmic, mathematical, or other
analytic tool used in the evaluation of publicly available social media
posts or other publicly available online activity attributable to such
member, unless the Secretary concerned determines an imminent threat of
physical violence exists.
SEC. 519. PROHIBITION ON DISCIPLINE AGAINST A MEMBER BASED ON CERTAIN
SOCIAL MEDIA.
No funds authorized to be appropriated by this Act may be used to
subject a member of the Armed Forces under the jurisdiction of a
Secretary of a military department to discipline of any kind solely
based on a comment, post, or other activity originating from a third
party regarding a political matter on an online account, forum, or
other electronic means owned, controlled, or operated by the member.
SEC. 519A. COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING AS ELEMENT
OF PERFORMANCE EVALUATIONS.
(a) Evaluations in General.--Each Secretary of a military
department shall ensure that the performance evaluations of any
individual described in subsection (b) under the jurisdiction of such
Secretary indicates the extent to which such individual has or has not
exercised effective oversight and leadership in the following:
(1) Improving conditions of privatized housing under
subchapter IV of chapter 169 of title 10, United States Code.
(2) Addressing concerns with respect to such housing of
members of the Armed Forces and their families who reside in
such housing on an installation of the military department
concerned.
(3) Addressing concerns regarding housing discrimination
against individuals based on race, ethnicity, sex, gender
identity, religion, or employment.
(b) Covered Individuals.--The individuals described in this
subsection are as follows:
(1) The commander of an installation of a military
department at which on-installation housing is managed by a
landlord of privatized housing under subchapter IV of chapter
169 of title 10, United States Code.
(2) Each officer or senior enlisted member of the Armed
Forces at an installation described in paragraph (1) whose
duties include facilities or housing management at such
installation.
(3) Any other officer or enlisted member of the Armed
Forces (whether or not at an installation described in
paragraph (1)) as specified by the Secretary of the military
department concerned for purposes of this section.
SEC. 519B. FEASIBILITY STUDY ON ESTABLISHMENT OF HOUSING HISTORY FOR
MEMBERS OF THE ARMED FORCES WHO RESIDE IN HOUSING
PROVIDED BY THE UNITED STATES.
(a) Study; Report.--Not later than September 30, 2022, the
Secretary of Defense shall--
(1) conduct a feasibility study regarding the establishment
of a standard record of housing history for members of the
Armed Forces who reside in covered housing; and
(2) submit to the appropriate congressional committees a
report on the results of such study.
(b) Contents.--A record described in subsection (a) includes, with
regards to each period during which the member concerned resided in
covered housing, the following:
(1) The assessment of the commander of the military
installation in which such housing is located, of the condition
of such covered housing--
(A) prior to the beginning of such period; and
(B) in which the member concerned left such covered
housing upon vacating such covered housing.
(2) Contact information a housing provider may use to
inquire about such a record.
(c) Online Access.--A record described in subsection (a) would be
accessible through a website, maintained by the Secretary of the
military department concerned, through which a member of the Armed
Forces under the jurisdiction of such Secretary may access such record
of such member.
(d) Issuance.--The Secretary concerned would issue a copy of a
described in subsection (a) to the member concerned upon the
separation, retirement, discharge, or dismissal of such member from the
Armed Forces, with the DD Form 214 for such member.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Transportation and
Infrastructure of the House of Representatives.
(D) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``covered housing'' means housing provided by
the United States to a member of the Armed Forces.
SEC. 519C. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS RETIREMENT.
(a) Credit.--For each participant in the Seaman to Admiral-21
program during fiscal years 2010 through 2014 for whom the Secretary of
the Navy cannot find evidence of an acknowledgment that, before
entering a baccalaureate degree program, service during the
baccalaureate degree program would not be included when computing years
of service for retirement, the Secretary shall include service during
the baccalaureate degree program when computing--
(1) years of service; and
(2) retired or retainer pay.
(b) Report Required.--The Secretary shall submit a report to the
Committees on Armed Services of the Senate and House of Representatives
regarding the number of participants credited with service under
subsection (a).
(c) Deadline.--The Secretary shall carry out this section not later
than 180 days after the date of the enactment of this Act.
SEC. 519D. PROGRESS REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS
REGARDING CAREER PATHS FOR SURFACE WARFARE OFFICERS OF
THE NAVY.
(a) Progress Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a progress report on implementation of
the recommendations for executive action in the report of the
Government Accountability Office titled ``Navy Readiness: Actions
Needed to Evaluate and Improve Surface Warfare Officer Career Path''
(GAO-21-168). The report shall include the following:
(1) Actions taken to develop plans to improve retention of
SWOs, with a focus on retention of female SWOs, including
specific goals, performance measures, and timelines.
(2) Actions taken to analyze relevant logbook data for
trends between the number of SWOs aboard ships and competition
for limited training opportunities.
(3) Actions taken to analyze the extent to which
commissioning practices affect training opportunities for SWOs.
(4) Actions taken to reevaluate the need for nuclear-
trained SWOs, assess the effects of the current training
approach, and make any related adjustments to the respective
career path.
(5) Actions taken to establish and implement regular
evaluations of the effectiveness of the current career path,
training, and policies for SWOs, in successfully developing and
retaining proficient SWOs. The initial evaluation shall
include--
(A) a comparison of such effectiveness against that
of other positions in the Navy, and against comparable
positions in other navies and maritime communities; and
(B) input from SWOs at all grades.
(6) Actions taken to implement--
(A) workforce strategies;
(B) changes to the career path for SWOs, training,
and policies; and
(C) the implementation of pilot programs to
evaluate potential changes that address the results of
such initial evaluation.
(b) SWO Defined.--In this section, the term ``SWO'' means ``surface
warfare officer''.
SEC. 519E. INDEPENDENT ASSESSMENT OF RETENTION OF FEMALE SURFACE
WARFARE OFFICERS.
(a) In General.--The Secretary of Defense shall seek to enter into
an agreement with a nonprofit entity or a federally funded research and
development center independent of the Department of Defense to conduct
research and analysis on the gender gap in retention of surface warfare
officers in the Navy.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include consideration of the following:
(1) Demographics of surface warfare officers, disaggregated
by gender, including--
(A) race;
(B) ethnicity;
(C) socioeconomic status;
(D) marital status (including whether the spouse is
a member of the Armed Forces and, if so, the length of
service of such spouse);
(E) whether the officer has children (including
number and age or ages of children);
(F) whether an immediate family member serves or
has served as a member of the Armed Forces; and
(G) the percentage of such officers who--
(i) indicate an intent to complete only an
initial service agreement; and
(ii) complete only an initial service
agreement.
(2) Whether there is a correlation between the number of
female surface warfare officers serving on a vessel and
responses of such officers to command climate surveys.
(3) An anonymous but traceable study of command climate
results to--
(A) correlate responses from particular female
surface warfare officers with resignation; and
(B) compare attitudes of first-tour and second-tour
female surface warfare officers.
(4) Recommendations based on the findings under paragraphs
(1), (2), and (3).
(c) Reports.--
(1) In general.--Not later than 270 days after the date on
which a nonprofit entity or federally funded research and
development center enters into an agreement under subsection
(a) with the Secretary of Defense, such entity or center shall
submit to the Secretary of Defense a report on the results of
the research and analysis under subsection (a).
(2) Submission to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees each of
the following:
(A) A copy of the report submitted under paragraph
(1) without change.
(B) Any comments, changes, recommendations, or
other information provided by the Secretary of Defense
relating to the research and analysis under subsection
(a) and contained in such report.
SEC. 519F. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING USE OF
UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL GUARD.
Not later than September 30, 2022, the Secretary of Defense shall
implement recommendations of the Secretary described in section
519C(a)(2) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
Subtitle C--Military Justice and Other Legal Matters
SEC. 521. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) In General.--Section 806b(a) of title 10, United States Code
(article 6b(a) of the Uniform Code of Military Justice) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) The right to be informed in a timely manner of any
pre-trial agreement, separation-in-lieu-of-trial agreement, or
non-prosecution agreement relating to the offense, unless
providing such information would jeopardize another law
enforcement proceeding or would violate the privacy concerns of
an individual other than the accused.''.
(b) Policy on Information Provided to Victims.--
(1) Uniform policy required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of the Department
in which the Coast Guard is operating, shall establish a
uniform policy for the sharing of the following information
relating to the victim of an offense under chapter 47 of title
10, United States Code (the Uniform Code of Military Justice),
with a Special Victims' Counsel or Victims' Legal Counsel
representing such victim:
(A) Any recorded statements of the victim to
investigators.
(B) The record of any forensic examination of the
person or property of the victim, including the record
of any sexual assault forensic exam of the victim that
is in possession of investigators or the Government.
(C) Any other personal or medical record of the
victim that is in the possession of investigators or
the Government.
(2) Exception for withholding of information in certain
circumstances.--The policy under paragraph (1) may set forth
circumstances in which the information specified in such
paragraph may be withheld for the purpose of protecting the
integrity of an investigation or criminal proceeding.
SEC. 522. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT.
(a) In General.--Section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice), is amended--
(1) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(2) by inserting after subsection (b), the following new
subsection:
``(c)(1) Except as provided in paragraphs (2) and (3), a commanding
officer may not impose a punishment authorized in subsection (b)
unless, before the imposition of such punishment, the commanding
officer--
``(A) requests and receives legal guidance regarding the
imposition of such punishment from a judge advocate or other
legal officer of the armed force of which the commanding
officer is a member; and
``(B) provides the member who may be subject to such
punishment with an opportunity to consult appropriate legal
counsel.
``(2) Paragraph (1) shall not apply to the punishments specified in
subparagraphs (E) and (F) of subsection (b)(2).
``(3) A commanding officer may waive the requirements set forth in
subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if
the commanding officer determines such a waiver is necessary in the
national security interests of the United States.''; and
(3) in subsection (f), as so redesignated, by striking
``subsection (d)'' and inserting ``subsection (e)''.
(b) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect 180 days after the date of the
enactment of this Act and shall apply with respect to punishments
imposed under section 815 of title 10, United States Code (article 15
of the Uniform Code of Military Justice), on or after such effective
date.
(c) Additional Guidance Required.--Not later than one year after
the date of the enactment of this Act, each Secretary of a military
department shall prescribe regulations or issue other written guidance
with respect to non-judicial punishment under section 815 of title 10,
United States Code (article 15 of the Uniform Code of Military Justice)
that--
(1)(A) identifies criteria to be considered when
determining whether a member of the armed forces is attached to
or embarked in a vessel for the purposes of determining whether
such member may demand trial by court-martial in lieu of
punishment under such section (article); and
(B) establishes a policy about the appropriate and
responsible invocation of such exception; and
(2) establishes criteria commanders must consider when
evaluating whether to issue a waiver under subsection (c)(3) of
such section (article) (as added by subsection (a) of this
section) on the basis of the national security interests of the
United States.
SEC. 523. SELECTION PROCESS FOR MEMBERS TO SERVE ON COURTS-MARTIAL.
Section 825(e) of title 10, United States Code (article 25(e) of
the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (4), and (5), respectively;
(2) by inserting before paragraph (3), as so redesignated,
the following new paragraphs: ``(1) When convening a court-
martial, the convening authority shall detail as members
thereof members of the armed forces under such regulations as
the President may prescribe for the randomized selection of
qualified personnel available to the convening authority for
detail.
``(2) The randomized selection process developed and implemented
under paragraph (1) may include parameter controls that--
``(A) allow for exclusions based on scheduling
availability;
``(B) allow for controls based on military rank; and
``(C) allow for controls to promote gender, racial, and
ethnic diversity and inclusion.''; and
(3) in paragraph (4), as so redesignated, by--
(A) striking the first sentence; and
(B) striking ``when he is'' and inserting ``when
the member is''.
SEC. 524. PETITION FOR DNA TESTING UNDER THE UNIFORM CODE OF MILITARY
JUSTICE.
(a) In General.--Subchapter IX of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 873 (article 73) the following new section
(article):
``Sec. 873a. Art. 73a. Petition for DNA testing
``(a) In General.--Upon a written petition by an accused sentenced
to imprisonment or death pursuant to a conviction under this chapter
(referred to in this section as the `applicant'), the Judge Advocate
General shall order DNA testing of specific evidence if the Judge
Advocate General finds that all of the following apply:
``(1) The applicant asserts, under penalty of perjury, that
the applicant is actually innocent of the offense for which the
applicant is sentenced to imprisonment or death.
``(2) The specific evidence to be tested was secured in
relation to the investigation or prosecution of the offense
referenced in the applicant's assertion under paragraph (1).
``(3) The specific evidence to be tested--
``(A) was not previously subjected to DNA testing
and the applicant did not knowingly fail to request DNA
testing of that evidence in a prior motion for
postconviction DNA testing; or
``(B) was previously subjected to DNA testing and
the applicant is requesting DNA testing using a new
method or technology that is substantially more
probative than the prior DNA testing.
``(4) The specific evidence to be tested is in the
possession of the Government and has been subject to a chain of
custody and retained under conditions sufficient to ensure that
such evidence has not been substituted, contaminated, tampered
with, replaced, or altered in any respect material to the
proposed DNA testing.
``(5) The proposed DNA testing is reasonable in scope, uses
scientifically sound methods, and is consistent with accepted
forensic practices.
``(6) The applicant identifies a theory of defense that--
``(A) is not inconsistent with an affirmative
defense presented at trial; and
``(B) would establish the actual innocence of the
applicant of the offense referenced in the applicant's
assertion under paragraph (1).
``(7) If the applicant was convicted following a trial, the
identity of the perpetrator was at issue in the trial.
``(8) The proposed DNA testing of the specific evidence may
produce new material evidence that would--
``(A) support the theory of defense referenced in
paragraph (6); and
``(B) raise a reasonable probability that the
applicant did not commit the offense.
``(9) The applicant certifies that the applicant will
provide a DNA sample for purposes of comparison.
``(10) The petition is made in a timely fashion, subject to
the following conditions:
``(A) There shall be a rebuttable presumption of
timeliness if the petition is made within five years of
the enactment of the National Defense Authorization Act
for Fiscal Year 2022 or within three years after the
date of the entry of judgment under section 860c of
this title (article 60c), whichever comes later. Such
presumption may be rebutted upon a showing--
``(i) that the applicant's petition for a
DNA test is based solely upon information used
in a previously denied motion; or
``(ii) of clear and convincing evidence
that the applicant's filing is done solely to
cause delay or harass.
``(B) There shall be a rebuttable presumption
against timeliness for any petition not satisfying
subparagraph (A) above. Such presumption may be
rebutted upon the Judge Advocate General's finding--
``(i) that the applicant was or is
incompetent and such incompetence substantially
contributed to the delay in the applicant's
motion for a DNA test;
``(ii) the evidence to be tested is newly
discovered DNA evidence;
``(iii) that the applicant's petition is
not based solely upon the applicant's own
assertion of innocence and, after considering
all relevant facts and circumstances
surrounding the petition, a denial would result
in a manifest injustice; or
``(iv) upon good cause shown.
``(C) For purposes of this paragraph--
``(i) the term `incompetence' has the
meaning given that term in section 876b of this
chapter (article 76b);
``(ii) the term `manifest' means that which
is unmistakable, clear, plain, or indisputable
and requires that the opposite conclusion be
clearly evident.
``(b) Appeal of Denial.-- The applicant may appeal the Judge
Advocate General's denial of the petition of DNA testing to the Court
of Appeals for the Armed Forces.
``(c) Evidence Inventory; Preservation Order; Appointment of
Counsel.--
``(1) Inventory.--The Judge Advocate General shall order
the preparation of an inventory of the evidence related to the
case for which a petition is made under subsection (a), which
shall be provided to the applicant.
``(2) Preservation order.--To the extent necessary to carry
out proceedings under this section, the Judge Advocate General
shall direct the preservation of the specific evidence relating
to a petition under subsection (a).
``(3) Appointment of counsel.--The applicant shall be
eligible for representation by appellate defense counsel under
section 870 of this chapter (article 70).
``(d) Testing Costs.--The costs of any DNA testing ordered under
this section shall be paid by the Government.
``(e) Time Limitation in Capital Cases.--In any case in which the
applicant is sentenced to death--
``(1) any DNA testing ordered under this section shall be
completed not later than 60 days after the date on which the
test is ordered by the Judge Advocate General; and
``(2) not later than 120 days after the date on which the
DNA testing ordered under this section is completed, the Judge
Advocate General shall order any post-testing procedures under
subsection (f) or (g), as appropriate.
``(f) Disclosure of Test Results.--Reporting of test results shall
be simultaneously disclosed to the Government and the applicant.
``(g) Post-testing Procedures; Inconclusive and Inculpatory
Results.--
``(1) Inconclusive results.--If DNA test results obtained
under this section are inconclusive, the Judge Advocate General
may order further testing, if appropriate, or may deny the
applicant relief.
``(2) Inculpatory results.--If DNA test results obtained
under this section show that the applicant was the source of
the DNA evidence, the Judge Advocate General shall--
``(A) deny the applicant relief; and
``(B) if the DNA test results relate to a State
offense, forward the finding to any appropriate State
official.
``(h) Post-testing Procedures; Motion for New Trial or
Resentencing.--
``(1) In general.--Notwithstanding any provision of law
that would bar a motion under this paragraph as untimely, if
DNA test results obtained under this section exclude the
applicant as the source of the DNA evidence, the applicant may
file a petition for a new trial or resentencing, as
appropriate.
``(2) Standard for granting motion for new trial or
resentencing.--The applicant's petition for a new trial or
resentencing, as appropriate, shall be granted if the DNA test
results, when considered with all other evidence in the case
(regardless of whether such evidence was introduced at trial),
establish by compelling evidence that a new trial would result
in the acquittal of the applicant.
``(i) Relationship to Other Laws.--
``(1) Post-conviction relief.--Nothing in this section
shall affect the circumstances under which a person may obtain
DNA testing or post-conviction relief under any other provision
of law.
``(2) Habeas corpus.--Nothing in this section shall provide
a basis for relief in any Federal habeas corpus proceeding.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 873 (article 73) the following new item:
``873a. 73a. Petition for DNA testing.''.
SEC. 525. PUNITIVE ARTICLE ON VIOLENT EXTREMISM.
(a) Violent Extremism.--
(1) In general.--Subchapter X of chapter 47 of title 10,
United States Code, is amended by inserting after section 916
(article 116 of the Uniform Code of Military Justice) the
following new section (article):
``Sec. 916a. Art. 116a. violent extremism
``(a) Prohibition.--Any person subject to this chapter who--
``(1) knowingly commits a covered offense against--
``(A) the Government of the United States; or
``(B) any person or class of people;
``(2)(A) with the intent to intimidate or coerce any person
or class of people; or
``(B) with the intent to influence, affect, or retaliate
against the policy or conduct of the Government of the United
States or any State; and
``(3) does so--
``(A) to achieve political, ideological, religious,
social, or economic goals; or
``(B) in the case of an act against a person or
class of people, for reasons relating to the race,
religion, color, ethnicity, sex, age, disability
status, national origin, sexual orientation, or gender
identity of the person or class of people concerned;
is guilty of violent extremism and shall be punished as a
court-martial may direct.
``(b) Attempts, Solicitation, and Conspiracy.--Any person who
attempts, solicits, or conspires to commit an offense under this
section shall be punished in the same manner as a person who completes
the offense.
``(c) Definitions.--In this section:
``(1) Covered offense.--The term `covered offense' means--
``(A) loss, damage, destruction, or wrongful
disposition of military property of the United States,
in violation of section 908 of this title (article
108);
``(B) waste, spoilage, or destruction of property
other than military property of the United States, in
violation of section 909 of this title (article 109);
``(C) communicating threats, in violation of
section 915 of this title (article 115);
``(D) riot or breach of peace, in violation of
section 916 of this title (article 116);
``(E) provoking speech or gestures, in violation of
section 917 of this title (article 117);
``(F) murder, in violation of section 918 of this
title (article 118);
``(G) manslaughter, in violation of section 919 of
this title (article 119);
``(H) larceny or wrongful appropriation, in
violation of section 921 of this title (article 121);
``(I) robbery, in violation of section 922 of this
title (article 122);
``(J) kidnapping, in violation of section 925 of
this title (article 125);
``(K) assault, in violation of section 928 of this
title (article 128);
``(L) conspiracy to commit an offense specified in
any of subparagraphs (A) through (K), as punishable
under section 881 of this title (article 81);
``(M) solicitation to commit an offense specified
in any of subparagraphs (A) through (K), as punishable
under section 882 of this title (article 82); or
``(N) an attempt to commit an offense specified in
any of subparagraphs (A) through (K), as punishable
under section 880 of this title (article 80).
``(2) State.--The term `State' includes any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other possession or territory of the
United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 916 (article 116) the following new
item:
``916a. 116a. Violent extremism.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
offenses committed on or after such date.
SEC. 526. CLARIFICATIONS OF PROCEDURE IN INVESTIGATIONS OF PERSONNEL
ACTIONS TAKEN AGAINST MEMBERS OF THE ARMED FORCES IN
RETALIATION FOR PROTECTED COMMUNICATIONS.
(a) In General.--Subparagraphs (D) and (E) of paragraph (4) of
section 1034(c) of title 10, United States Code, are amended to read as
follows:
``(D)(i) Upon determining that an investigation of an allegation
under paragraph (1) is warranted, the Inspector General making the
determination shall expeditiously investigate the allegation to
determine whether the protected communication or activity under
subsection (b) was a contributing factor in the personnel action
prohibited under subsection (b) that was taken or withheld (or
threatened to be taken or withheld) against a member of the armed
forces.
``(ii) In the case of a determination made by the Inspector General
of the Department of Defense, that Inspector General may delegate
responsibility for the investigation to an appropriate Inspector
General of a military department.
``(iii) The member alleging the prohibited personnel action may use
circumstantial evidence to demonstrate that the protected communication
or activity under subsection (b) was a contributing factor in the
personnel action prohibited under subsection (b). Such circumstantial
evidence may include that the person taking such prohibited personnel
action knew of the protected communication or activity, and that the
prohibited personnel action occurred within a period of time such that
a reasonable person could conclude that the communication or protected
activity was a contributing factor in the personnel action.
``(iv) If the Inspector General determines it likelier than not
that the member made a communication or participated in an activity
protected under subsection (b) that was a contributing factor in a
personnel action described in such subsection, the Inspector General
shall presume such personnel action to be prohibited under such
subsection unless the Inspector General determines there is clear and
convincing evidence that the same personnel action would have occurred
in the absence of such protected communication or activity.
``(E) If the Inspector General preliminarily determines in an
investigation under subparagraph (D) that a personnel action prohibited
under subsection (b) has occurred and that such personnel action shall
result in an immediate hardship to the member alleging the personnel
action, the Inspector General shall promptly notify the Secretary of
the military department concerned or the Secretary of Homeland
Security, as applicable, of the hardship, and such Secretary shall take
such action as such Secretary determines appropriate.''.
(b) Technical Amendments.--Such paragraph is further amended in
subparagraphs (A) and (B) by striking ``subsection (h)'' both places it
appears and inserting ``subsection (i)''.
SEC. 527. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND
RESPONSE.
(a) Delegation of Authority to Authorize Exceptional Eligibility
for Certain Benefits.--Paragraph (4) of section 1059(m) of title 10,
United States Code, is amended to read as follows:
``(4)(A) Except as provided in subparagraph (B), the authority of
the Secretary concerned under paragraph (1) may not be delegated.
``(B) During the two year period following the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, the authority of the Secretary concerned under paragraph (1) may
be delegated to an official at the Assistant Secretary-level or above.
Any exercise of such delegated authority shall be reported to the
Secretary concerned on a quarterly basis.''.
(b) Extension of Requirement for Annual Family Advocacy Program
Report Regarding Child Abuse and Domestic Violence.--Section 574(a) of
the National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2141) is amended by striking ``April 30, 2021'' and
inserting ``April 30, 2026''.
(c) Implementation of Comptroller General Recommendations.--
(1) In general.--Consistent with the recommendations set
forth in the report of the Comptroller General of the United
States titled ``Domestic Abuse: Actions Needed to Enhance DOD's
Prevention, Response, and Oversight'' (GAO-21-289), the
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall carry out the activities
specified in subparagraphs (A) through (K).
(A) Domestic abuse data.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the
Secretaries of the military departments, shall carry
out each of the following:
(i) Issue guidance to the Secretaries of
the military departments to clarify and
standardize the process for collecting and
reporting data on domestic abuse in the Armed
Forces, including--
(I) data on the numbers and types
of domestic abuse and domestic violence
incidents involving members of the
Armed Forces;
(II) the information required to be
reported to the database on domestic
violence incidents under section 1562
of title 10, United States Code; and
(III) data for inclusion in the
reports regarding child abuse and
domestic violence required to be
submitted under section 574 of the
National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2141).
(ii) Develop a quality control process to
ensure the accurate and complete reporting of
data on allegations of abuse involving a member
of the Armed Forces, including allegations of
abuse that do not meet the Department of
Defense definition of domestic abuse.
(iii) Expand the scope of any reporting to
Congress that includes data on domestic abuse
in the Armed Forces to include data on and
analysis of the types of allegations of
domestic abuse.
(B) Domestic violence and command action data.--Not
later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments,
shall--
(i) evaluate the organizations and elements
of the Department of Defense that are
responsible for tracking domestic violence
incidents and the command actions taken in
response to such incidents to determine if
there are actions that may be carried out to--
(I) eliminate gaps and redundancies
in the activities of such
organizations;
(II) ensure consistency in the
approaches of such organizations to the
tracking of such incidents and actions;
and
(III) otherwise improve the
tracking of such incidents and actions
across the Department; and
(ii) based on the evaluation under clause
(i), clarify or adjust--
(I) the duties of such
organizations and elements; and
(II) the manner in which such
organizations and elements coordinate
their activities.
(C) Regulations for violation of civilian orders of
protection.--The Secretary of Defense shall revise or
issue regulations (as applicable) to ensure that each
Secretary of a military department provides, to any
member of the Armed Forces under the jurisdiction of
such Secretary who is subject to a civilian order of
protection, notice that the violation of such order may
be punishable under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).
(D) Agreements with civilian victim service
organizations.--
(i) Guidance required.--The Secretary of
Defense, in consultation with the Secretaries
of the military departments, shall issue
guidance pursuant to which personnel of a
Family Advocacy Program at a military
installation may enter into memoranda of
understanding with qualified civilian victim
service organizations for purposes of providing
services to victims of domestic abuse in
accordance with clause (ii).
(ii) Contents of agreement.--A memorandum
of understanding entered into under clause (i)
shall provide that personnel of a Family
Advocacy Program at a military installation may
refer a victim of domestic abuse to a qualified
civilian victim service organization if such
personnel determine that--
(I) the services offered at the
installation are insufficient to meet
the victim's needs; or
(II) such a referral would
otherwise benefit the victim.
(E) Screening and reporting of initial
allegations.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
develop and implement a standardized process--
(i) to ensure consistency in the manner in
which allegations of domestic abuse are
screened and documented at military
installations, including by ensuring that
allegations of domestic abuse are documented
regardless of the severity of the incident;
(ii) that uses a risk-based approach to
consistently identify, from among such
allegations of domestic abuse, the allegations
that should be presented to an Incident
Determination Committee; and
(iii) to ensure consistency in the form and
manner in which such allegations are presented
to Incident Determination Committees.
(F) Implementation and oversight of incident
determination committees.--
(i) Implementation.--The Secretary of
Defense, in consultation with the Secretaries
of the military departments, shall ensure that
Incident Determination Committees are fully
implemented within each Armed Force.
(ii) Oversight and monitoring.--The
Secretary of Defense shall--
(I) direct the Under Secretary of
Defense for Personnel and Readiness to
conduct oversight of the activities of
the Incident Determination Committees
of the Armed Forces on an ongoing
basis; and
(II) establish a formal process
through which the Under Secretary will
monitor Incident Determination
Committees to ensure that the
activities of such Committees are
conducted in an consistent manner in
accordance with the applicable policies
of the Department of Defense and the
Armed Forces.
(G) Reasonable suspicion standard for incident
reporting.--Not later than 90 days after the date of
the enactment of the Act, the Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall issue regulations--
(i) under which the personnel of a Family
Advocacy Program shall be required to report an
allegation of domestic abuse to an Incident
Determination Committee if there is reasonable
suspicion that the abuse occurred; and
(ii) that fully define and establish
standardized criteria for determining whether
an allegation of abuse meets the reasonable
suspicion standard referred to in clause (i).
(H) Guidance for victim risk assessment.--The
Secretary of Defense, in consultation with the
Secretaries of the military departments, shall issue
guidance that--
(i) identifies the risk assessment tools
that must be used by Family Advocacy Program
personnel to assess reports of domestic abuse;
and
(ii) establishes minimum qualifications for
the personnel responsible for using such tools.
(I) Improving family advocacy program awareness
campaigns.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
develop and implement--
(i) a communications strategy to support
the Armed Forces in increasing awareness of the
options and resources available for reporting
incidents of domestic abuse; and
(ii) metrics to evaluate the effectiveness
of domestic abuse awareness campaigns within
the Department of Defense and the Armed Forces,
including by identifying a target audience and
defining measurable objectives for such
campaigns.
(J) Assessment of the disposition model for
domestic violence.--As part of the independent analysis
required by section 549C of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) the Secretary of
Defense shall include an assessment of--
(i) the risks and consequences of the
disposition model for domestic violence in
effect as of the date of the enactment of this
Act, including the risks and consequences of
such model with respect to--
(I) the eligibility of victims for
transitional compensation and other
benefits; and
(II) the eligibility of
perpetrators of domestic violence to
possess firearms and any related
effects on the military service of such
individuals; and
(ii) the feasibility and advisability
establishing alternative disposition models for
domestic violence, including an assessment of
the advantages and disadvantages of each
proposed model.
(K) Family advocacy program training.--
(i) Training for commanders and senior
enlisted advisors.--The Secretary of Defense,
in consultation with the Secretaries of the
military departments, shall--
(I) ensure that the Family Advocacy
Program training provided to
installation-level commanders and
senior enlisted advisors of the Armed
Forces meets the applicable
requirements of the Department of
Defense; and
(II) shall provide such additional
guidance and sample training materials
as may be necessary to improve the
consistency of such training.
(ii) Training for chaplains.--The Secretary
of Defense shall--
(I) require that chaplains of the
Armed Forces receive Family Advocacy
Program training;
(II) establish content requirements
and learning objectives for such
training; and
(III) provide such additional
guidance and sample training materials
as may be necessary to effectively
implement such training.
(iii) Training completion data.--The
Secretary of Defense, in consultation with the
Secretaries of the military departments, shall
develop a process to ensure the quality and
completeness of data indicating whether members
of the Armed Forces who are required to
complete Family Advocacy Program training,
including installation-level commanders and
senior enlisted advisors, have completed such
training.
(2) General implementation date.--Except as otherwise
provided in paragraph (1), the Secretary of Defense shall
complete the implementation of the activities specified in such
paragraph by not later than one year after the date of the
enactment of this Act.
(3) Quarterly status report.--Not later than 90 days after
the date of the enactment of this Act and on a quarterly basis
thereafter until the date on which all of the activities
specified in paragraph (1) have been implemented, the Secretary
of Defense shall submit to the appropriate congressional
committees a report on the status of the implementation of such
activities.
(d) Improving Awareness Regarding Family Advocacy Programs and
Other Similar Services.--
(1) Pilot program on information for families enrolling in
deers.--The Secretary of Defense shall carry out a pilot
program to assess the feasibility and advisability of various
mechanisms to inform military families about the Family
Advocacy Programs and resiliency training of the Armed Forces
during their enrollment in the Defense Enrollment Eligibility
Reporting System. The matters assessed by the pilot program
shall include the following:
(A) An option for training members of military
families on the Family Advocacy Programs.
(B) Mechanisms for providing such family members
with information on--
(i) the resources available through the
Family Advocacy Programs of the Armed Forces;
(ii) the Military OneSource program of the
Department of Defense;
(iii) resources relating to domestic abuse
and child abuse and neglect that are available
through local community service organizations;
and
(iv) the availability of the Military and
Family Life Counseling Program.
(C) Steps that may be taken to better inform such
family members of the option to make a restricted
report or an unrestricted report to a Family Advocacy
Program, including information on the difference
between such reports.
(2) Information on services for military families.--Each
Secretary of a military department shall ensure that a military
family member who reports an incident of domestic abuse or
child abuse and neglect to a Family Advocacy Program under the
jurisdiction of such Secretary receives comprehensive
information, in a clear and easily understandable format, on
the services available to such family member in connection with
such incident. Such information shall include a complete guide
to the following:
(A) The Family Advocacy Program of the Armed Force
or military department concerned.
(B) Military law enforcement services, including an
explanation of the process that follows a report of an
incident of domestic abuse or child abuse or neglect.
(C) Other applicable victim services.
(e) Reports on Staffing Levels for Family Advocacy Programs.--
(1) In general.--Not later than 180 days after the date on
which the staffing tool described in paragraph (2) becomes
operational, and on an annual basis thereafter for the
following five years, the Secretary of Defense shall submit to
the appropriate congressional committees a report setting forth
the following:
(A) Military, civilian, and contract support
staffing levels for the Family Advocacy Programs of the
Armed Forces at each military installation so staffed
as of the date of the report.
(B) Recommendations for ideal staffing levels for
the Family Advocacy Programs, as identified by the
staffing tool.
(2) Staffing tool described.--The staffing tool described
in this paragraph is a tool that--
(A) is under development as of the date of the
enactment of this Act pursuant to an agreement between
the Department of Defense and Pennsylvania State
University; and
(B) will be used to assist the Department in
determining adequate staffing levels for Family
Advocacy Programs.
(3) Comptroller general review.--
(A) In general.--Following the submission of the
first annual report required under paragraph (1), the
Comptroller General of the United States shall conduct
a review of the staffing of the Family Advocacy
Programs of the Armed Forces.
(B) Elements.--The review conducted under
subparagraph (A) shall include an assessment of each of
the following:
(i) The extent to which the Armed Forces
have filled authorized billets for Family
Advocacy program manager, clinician, and victim
advocate positions.
(ii) The extent to which the Armed Forces
have experienced challenges filling authorized
Family Advocacy Program positions, and how such
challenges, if any, have affected the provision
of services.
(iii) The extent to which the Department of
Defense and Armed Forces have ensured that
Family Advocacy Program clinicians and victim
advocates meet qualification and training
requirements.
(iv) The extent to which the Department of
Defense has established metrics to evaluate the
effectiveness of the staffing tool described in
paragraph (2).
(C) Briefing and report.--
(i) Briefing.--Not later than one year
following the submission of the first annual
report required under paragraph (1), the
Comptroller General shall provide to the
Committees on Armed Services of the Senate and
the House of Representatives a briefing on the
preliminary observations made by the
Comptroller General as part of the review
required under subparagraph (A).
(ii) Report.--Not later than 90 days after
the date of the briefing under clause (i), the
Comptroller General shall submit to the
Committees on Armed Services of the Senate and
the House of Representatives a report on the
results of the review conducted under
subparagraph (A).
(f) Study and Report on Initial Entry Points.--
(1) Study.--The Secretary of Defense shall conduct a study
to identify initial entry points (including anonymous entry
points) through which military family members may seek
information or support relating to domestic abuse or child
abuse and neglect. Such study shall include an assessment of--
(A) points at which military families interact with
the Armed Forces or the Department of Defense through
which such information or support may be provided to
family members, including points such as enrollment in
the Defense Enrollment Eligibility Reporting System,
and the issuance of identification cards; and
(B) other existing and potential routes through
which such family members may seek information or
support from the Armed Forces or the Department,
including online chat rooms, text-based support
capabilities, and software applications for
smartphones.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the results of the study
conducted under paragraph (1).
(g) Inspector General Report.--Not later than 120 days after the
date of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Secretary of Defense and to
the Committees on Armed Services of the Senate and the House of
Representatives a report that--
(1) evaluates the progress of the Secretary of Defense in
carrying out this section; and
(2) identifies any actions the Secretary is taking improve
the practices of military installations with respect to the
prevention and response to domestic abuse and child abuse and
neglect among military families.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(2) The term ``civilian order of protection'' has the
meaning given that term in section 1561a of title 10, United
States Code.
(3) The term ``disposition model for domestic violence''
means the process to determine--
(A) the disposition of charges of an offense of
domestic violence under section 928b of title 10,
United States Code (article 128b of the Uniform Code of
Military Justice); and
(B) consequences of such disposition for members of
the Armed Forces determined to have committed such
offense and the victims of such offense.
(4) The term ``Incident Determination Committee'' means a
committee established at a military installation that is
responsible for reviewing reported incidents of domestic abuse
and determining whether such incidents constitute harm to the
victims of such abuse according to the applicable criteria of
the Department of Defense.
(5) The term ``qualified civilian victim service
organization'' means an organization outside the Department of
Defense that--
(A) is approved by the Secretary of Defense for the
purpose of providing legal or other services to victims
of domestic abuse; and
(B) is located in a community surrounding a
military installation.
(6) The term ``risk assessment tool'' means a process or
technology that may be used to evaluate a report of an incident
of domestic abuse to determine the likelihood that the abuse
will escalate or recur.
SEC. 528. MANDATORY NOTIFICATION OF MEMBERS OF THE ARMED FORCES
IDENTIFIED IN CERTAIN RECORDS OF CRIMINAL INVESTIGATIONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1567b. Mandatory notification of members of the armed forces and
reserve components identified in certain records of
criminal investigations
``(a) Notification of Inclusion MCIO Records.--As soon as
practicable after the conclusion of a criminal investigation by a
military criminal investigative organization, the head of such
organization shall provide, to any member or former member of the armed
forces and reserve components who is designated in the records of the
organization as a subject of such investigation, written notice of such
designation.
``(b) Initial Notification of Previous Inclusion in MCIO Records.--
Not later than 180 days after the date of the enactment of this
section, the head of each military criminal investigative organization
shall provide, to any member or former member of the armed forces and
reserve components who is designated in the records of the organization
as a subject of a criminal investigation that is closed as of such
date, written notice of such designation.
``(c) Contents of Notice.--Each notice provided under subsection
(a) and (b) shall include the following information--
``(1) The date on which the member was designated as a
subject of a criminal investigation in the records of the
military criminal investigative organization.
``(2) Identification of each crime for which the member was
investigated, including a citation to each provision of chapter
47 of this title (the Uniform Code of Military Justice) that
the member was suspected of violating, if applicable.
``(3) Instructions on how the member may seek removal of
the record in accordance with subsection (d).
``(d) Removal of Record.--The Secretary of Defense shall--
``(1) establish a process through which a member of the
armed forces and reserve components who receives a notice under
subsection (a) or (b) may request the removal of the record
that is the subject of such notice; and
``(2) issue uniform guidance, applicable to all military
criminal investigative organizations, specifying the conditions
under which such a record may be removed.
``(e) Military Criminal Investigative Organization Defined.--In
this section, the term `military criminal investigative organization'
means any organization or element of the Department of Defense or an
armed force that is responsible for conducting criminal investigations,
including--
``(1) the Army Criminal Investigation Command;
``(2) the Naval Criminal Investigative Service;
``(3) the Air Force Office of Special Investigations;
``(4) the Coast Guard Investigative Service; and
``(5) the Defense Criminal Investigative Service.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1567b. Mandatory notification of members of the armed forces and
reserve components identified in certain
records of criminal investigations.''.
SEC. 529. AUTHORITY OF MILITARY JUDGES AND MILITARY MAGISTRATES TO
ISSUE MILITARY COURT PROTECTIVE ORDERS.
(a) Judge-issued Military Court Protective Orders.--Chapter 80 of
title 10, United Stated Code, is amended by adding at the end the
following new section:
``Sec. 1567b. Authority of military judges and military magistrates to
issue military court protective orders
``(a) Authority to Issue Military Court Protective Orders.--The
President shall prescribe regulations authorizing military judges and
military magistrates to issue protective orders in accordance with this
section. A protective order issued in accordance with this section
shall be known as a `military court protective order'. Under the
regulations prescribed by the President, military judges and military
magistrates shall have exclusive jurisdiction over the issuance,
appeal, renewal, and termination of military court protective orders
and such orders may not be issued, appealed, renewed, or terminated by
State, local, territorial, or tribal courts.
``(b) Enforcement by Civilian Authorities.--
``(1) In general.--In prescribing regulations for military
court protective orders, the President shall seek to ensure
that the protective orders are issued in a form and manner that
is enforceable by State, local, territorial, and tribal
civilian law enforcement authorities.
``(2) Full faith and credit.--Any military court protective
order shall be accorded full faith and credit by the court of a
State, local, territorial, or tribal jurisdiction (the
enforcing jurisdiction) and enforced by the court and law
enforcement personnel of that jurisdiction as if it were the
order of the enforcing jurisdiction.
``(3) Reciprocity agreements.--Consistent with paragraphs
(1) and (2), the Secretary of Defense shall seek to enter into
reciprocity agreements with State, local, territorial, and
tribal civilian law enforcement authorities under which--
``(A) such authorities agree to enforce military
court protective orders; and
``(B) the Secretary agrees to enforce protective
orders issued by such authorities that are consistent
with section 2265(b) of title 18.
``(c) Purpose and Form of Issuance.--A military court protective
order--
``(1) may be issued for the purpose of protecting a victim
of an alleged covered offense, or a family member or associate
of the victim, from a person subject to chapter 47 of this
title (the Uniform Code of Military Justice) who is alleged to
have committed such an offense; and
``(2) shall include--
``(A) a finding regarding whether such person
represents a credible threat to the physical safety of
such alleged victim;
``(B) a finding regarding whether the alleged
victim is an intimate partner or child of such person;
and
``(C) if applicable, terms explicitly prohibiting
the use, attempted use, or threatened use of physical
force that would reasonably be expected to cause bodily
injury against such intimate partner or child.
``(d) Burden of Proof.--In determining whether to issue a military
court protective order, a military judge or military magistrate shall
make all relevant findings by a preponderance of the evidence. The
burden shall be on the party requesting the order to produce sufficient
information to satisfy the preponderance of the evidence standard
referred to in the preceding sentence.
``(e) Timing and Manner of Issuance.--A military court protective
order may be issued--
``(1) by a military magistrate, before referral of charges
and specifications to court-martial for trial, at the request
of--
``(A) a victim of an alleged covered offense; or
``(B) a Special Victims' Counsel or other qualified
counsel acting on behalf of the victim; or
``(2) by a military judge, after referral of charges and
specifications to court-martial for trial, at the request of
qualified counsel, which may include a Special Victims' Counsel
acting on behalf of the victim or trial counsel acting on
behalf of the prosecution.
``(f) Duration and Renewal of Protective Order.--
``(1) Duration.--A military court protective order shall be
issued for an initial period of up to 180 days and may be
reissued for one or more additional periods, each of which may
be up to 180 days, in accordance with paragraph (2).
``(2) Expiration and renewal.--Before the expiration of any
period during which a military court protective order is in
effect, a military judge or military magistrate shall review
the order to determine whether the order will terminate at the
expiration of such period or be reissued for an additional
period of up to 180 days.
``(3) Notice to protected persons.--If a military judge or
military magistrate determines under paragraph (2) that a
military court protective order will terminate, the judge or
magistrate concerned shall direct that each person protected by
the order be provided with reasonable, timely, and accurate
notification of the termination.
``(g) Review of Magistrate-issued Orders.--
``(1) Review.--A military judge, at the request of the
person subject to a military court protective order that was
issued by a military magistrate, may review the order to
determine if the order was properly issued by the magistrate.
``(2) Standards of review.--A military judge who reviews an
order under paragraph (1) shall terminate the order if the
judge determines that--
``(A) the military magistrate's decision to issue
the order was an abuse of discretion, and there is not
sufficient information presented to the military judge
to justify the order; or
``(B) information not presented to the military
magistrate establishes that the military court
protective order should be terminated.
``(h) Due Process.--
``(1) Protection of due process.--Except as provided in
paragraph (2), a protective order authorized under subsection
(a) may be issued only after reasonable notice and opportunity
to be heard and to present evidence, directly or through
counsel, is given to the person against whom the order is
sought sufficient to protect that person's right to due
process.
``(2) Emergency orders.--A protective order on an emergency
basis may be issued on an ex parte basis under such rules and
limitations as the President shall prescribe. In the case of ex
parte orders, notice and opportunity to be heard and to present
evidence must be provided within a reasonable time not to
exceed 30 calendar days after the date on which the order is
issued, sufficient to protect the respondent's due process
rights.
``(i) Rights of Victim.--The victim of an alleged covered offense
who seeks a military court protective order has, in addition to any
rights provided under section 806b (article 6b), the following rights
with respect to any proceeding involving the protective order:
``(1) The right to reasonable, accurate, and timely notice
of the proceeding and of any change in the status of the
protective order resulting from the proceeding.
``(2) The right to be reasonably heard at the proceeding.
``(3) The right to appear in person, with or without
counsel, at the proceeding.
``(4) The right be represented by qualified counsel in
connection with the proceeding, which may include a Special
Victims' Counsel.
``(5) The reasonable right to confer with a representative
of the command of the accused and counsel representing the
government at the proceeding, as applicable.
``(6) The right to submit a written statement, directly or
through counsel, for consideration by the military judge or
military magistrate presiding over the proceeding.
``(j) Restrictions on Access to Firearms.--
``(1) In general.--Notwithstanding any other provision of
law--
``(A) a military court protective order issued on
an ex parte basis shall restrain a person from
possessing, receiving, or otherwise accessing a
firearm; and
``(B) a military court protective order issued
after the person to be subject to the order has
received notice and opportunity to be heard on the
order, shall restrain such person from possessing,
receiving, or otherwise accessing a firearm in
accordance with section 922 of title 18.
``(2) Notice to attorneys general.--
``(A) Notice of issuance.--Not later than 72 hours
after the issuance of an order described in paragraph
(1), the Secretary concerned shall submit a record of
the order--
``(i) to the Attorney General of the United
States; and
``(ii) to the Attorney General of the State
or Territory in which the order is issued.
``(B) Notice of recission or expiration.--Not later
than 72 hours after the recission or expiration of an
order described in paragraph (1), the Secretary
concerned shall submit notice of such recission or
expiration to the Attorneys General specified in
subparagraph (A).
``(k) Treatment as Lawful Order.--A military court protective order
shall be treated as a lawful order for purposes of the application of
section 892 (article 92) and a violation of such an order shall be
punishable under such section (article).
``(l) Command Matters.--
``(1) Inclusion in personnel file.--Any military court
protective order against a member shall be placed and retained
in the military personnel file of the member, except that such
protective order shall be removed from the military personnel
file of the member if the member is acquitted of the offense to
which the order pertains, it is determined that the member did
not commit the act giving rise to the protective order, or it
is determined that the protective order was issued in error.
``(2) Notice to civilian law enforcement of issuance.--Any
military court protective order against a member shall be
treated as a military protective order for purposes of section
1567a including for purposes of mandatory notification of
issuance to Federal and State civilian law enforcement agencies
as required by that section.
``(m) Relationship to Other Authorities.--Nothing in this section
may be construed as prohibiting--
``(1) a commanding officer from issuing or enforcing any
otherwise lawful order in the nature of a protective order to
or against members of the officer's command;
``(2) pretrial restraint in accordance with Rule for
Courts-Martial 304 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule); or
``(3) pretrial confinement in accordance with Rule for
Courts-Martial 305 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule).
``(n) Delivery to Certain Persons.--A physical and electronic copy
of any military court protective order shall be provided, as soon as
practicable after issuance, to the following:
``(1) The person or persons protected by the protective
order or to the guardian of such a person if such person is
under the age of 18 years.
``(2) The person subject to the protective order.
``(3) To such commanding officer in the chain of command of
the person subject to the protective order as the President
shall prescribe for purposes of this section.
``(o) Definitions.--In this section:
``(1) Contact.--The term `contact' includes contact in
person or through a third party, or through gifts,
``(2) Communication.--The term `communication' includes
communication in person or through a third party, and by
telephone or in writing by letter, data fax, or other
electronic means.
``(3) Covered offense.--The term `covered offense' means
the following:
``(A) An alleged offense under section 920, 920a,
920b, 920c, or 920d of this title (article 120, 120a,
120b, 120c, or 120d of the Uniform Code of Military
Justice).
``(B) An alleged offense of stalking under section
930 of this title (article 130 of the Uniform Code of
Military Justice).
``(C) An alleged offense of domestic violence under
section 928b of this title (article 128b of the Uniform
Code of Military Justice).
``(D) A conspiracy to commit an offense specified
in subparagraphs (A) through (C) as punishable under
section 881 of this title (article 81 of the Uniform
Code of Military Justice).
``(E) A solicitation to commit an offense specified
in subparagraphs (A) through (C) as punishable under
section 882 of this title (article 82 of the Uniform
Code of Military Justice).
``(F) An attempt to commit an offense specified in
subparagraphs (A) through (C) as punishable under
section 880 of this title (article 80 of the Uniform
Code of Military Justice).
``(4) Military judge and military magistrate.--The terms
`military judge' and `military magistrate' mean a commissioned
officer of the armed forces who is a member of the bar of a
Federal court or a member of the bar of the highest court of a
State and who is certified to be qualified, by reason of
education, training, experience, and judicial temperament, for
duty as a military judge or magistrate by the Judge Advocate
General of the armed force of which the officer is a member.
``(5) Protective order.--The term `protective order' means
an order that--
``(A) restrains a person from harassing, stalking,
threatening, or otherwise contacting or communicating
with a victim of an alleged covered offense, or a
family member or associate of the victim, or engaging
in other conduct that would place such other person in
reasonable fear of bodily injury to any such other
person;
``(B) by its terms, explicitly prohibits--
``(i) the use, attempted use, or threatened
use of physical force by the person against a
victim of an alleged covered offense, or a
family member or associate of the victim, that
would reasonably be expected to cause bodily
injury;
``(ii) the initiation by the person
restrained of any contact or communication with
such other person;
``(iii) any other behavior by the person
restrained that the court deems necessary to
provide for the safety and welfare of the
victim of an alleged covered offense, or a
family member or associate of the victim; or
``(iv) actions described by any of clauses
(i) through (iii).
``(6) Special victims' counsel.--The term `Special Victims
Counsel' means a Special Victims' Counsel described in section
1044e and includes a Victims' Legal Counsel of the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1567b. Authority of military judges and military magistrates to issue
military court protective orders.''.
(c) Implementation.--The President shall prescribe regulations
implementing section 1567b of title 10, United States Code (as added by
subsection (a)), by not later than one year after the date of the
enactment of this Act.
SEC. 529A. COUNTERING EXTREMISM IN THE ARMED FORCES.
(a) In General.--Part II of subtitle A of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 89--COUNTERING EXTREMISM
``1801. Office of Countering Extremism.
``1802. Training and education.
``1803. Data collection and analysis.
``1804. Reporting requirements.
``1805. Definitions.
``Sec. 1801. Office of Countering Extremism
``(a) Establishment.--(1) There is an Office of Countering
Extremism (in this section referred to as the `Office') within the
Office of the Under Secretary of Defense for Personnel and Readiness.
``(2) The Office shall be headed by the Director of Countering
Extremism (in this chapter referred to as the `Director'), who shall be
appointed by the Secretary of Defense, in consultation with the
Secretary of Homeland Security, and report directly to the Under
Secretary of Defense for Personnel and Readiness and the Secretary.
``(b) Duties.--The Director shall--
``(1) be responsible for policy of countering extremism
within the armed forces;
``(2) in coordination with the Secretaries of the military
departments, develop and implement programs, resources, and
activities to counter extremism within the armed forces;
``(3) establish policies to ensure adequate protection,
transparency of process, and availability of resources for
individuals who report incidents of extremism;
``(4) facilitate and coordinate with the Secretaries of the
military departments, law enforcement organizations, security
organizations, and insider threat programs in the armed forces;
``(5) engage and interact with, and solicit recommendations
from, outside experts on extremism;
``(6) coordinate with--
``(A) the Under Secretary for Defense for
Intelligence and Security; and
``(B) the Deputy Inspector General of the
Department of Defense for Diversity and Inclusion and
Supremacist, Extremism and Criminal Gang Activity; and
``(7) perform any additional duties prescribed by the
Secretary of Defense, in consultation with the Secretary of
Homeland Security.
``Sec. 1802. Training and education
``(a) In General.--The Secretary of each military department, in
coordination with the Director, shall develop and implement training
and education programs and related materials to assist members of the
armed forces and civilian employees of the armed forces in identifying,
preventing, responding to, reporting, and mitigating the risk of
extremism.
``(b) Extremist Insider Threat Training.--(1) The training and
education programs and materials described in subsection (a) shall
include information on the following:
``(A) What constitutes an extremist insider threat.
``(B) Risks posed by extremist insider threats.
``(C) How to identify extremist insider threats.
``(D) How to recognize when an individual is being influenced by
extremism or targeted for recruitment by extremist groups.
``(E) Information about procedures on when and how to report
detected extremist insider threats.
``(F) Resources for reporting outside the chain of command.
``(G) Media literacy training.
``(H) Whistleblower protections.
``(I) Such other information as may be required by the Secretary of
Defense, in consultation with the Secretary of Homeland Security.
``(2) The Secretary of Defense, in consultation with the Secretary
of Homeland Security, shall provide the training and education
described in subsection (a) as part of each of the following:
``(A) Initial entry training for members of the armed
forces.
``(B) Curricula of--
``(i) the United States Army Training and Doctrine
Command;
``(ii) the Naval Education and Training Command;
``(iii) the Air Education and Training Command;
``(iv) all pre-commissioning programs of the
Department of Defense;
``(v) the military service academies;
``(vi) the Coast Guard Education and Training Quota
Management Command;
``(vii) the Coast Guard Academy; and
``(viii) all pre-commissioning programs of the
Coast Guard.
``(C) Certification courses required for members or
officers to be considered for promotion to any grade above E-5,
WO-5 (WO-3, in the case of the Coast Guard), or O-5. Such
members and officers shall also receive training regarding--
``(i) how to identify emerging extremist insider
threat behaviors in a unit; and
``(ii) procedures on when and how to respond when a
subordinate reports a suspected extremist insider
threat.
``(3) The Secretary of Defense, in consultation with the
Secretary of Homeland Security, shall include the information
described in paragraph (1) in brochures, posters, print and
online publications, or other educational materials of the
armed forces.
``(c) Recruiter Training.--The Secretary of each military
department, in coordination with the Director, shall coordinate with
the recruiting activities and organization of the armed forces to
develop and carry out a training program for recruiters on how to--
``(1) identify indicators of extremism in potential
recruits;
``(2) identify members of extremist organizations in
potential recruits; and
``(3) screen potential recruits for extremist ties to
ensure potential recruits comply with enlistment, accession, or
commissioning requirements.
``Sec. 1803. Data collection and analysis
``(a) In General.--The Director shall--
``(1) establish and maintain a database on extremist
activities in the armed forces; and
``(2) ensure the data collected across the military
departments is uniform to the maximum extent practicable.
``(b) Records.--The database established in subsection (a) shall
include records on--
``(1) each incident, complaint, or allegation of extremism
by a member or civilian employee of the armed forces,
including--
``(A) the extremist behavior related to the
incident, complaint, or allegation;
``(B) the rank, race, gender, and ethnicity of the
individuals involved in the incident, complaint, or
allegation;
``(C) each Federal agency involved in investigating
the incident, complaint, or allegation;
``(D) any investigation of the incident, complain,
or allegation;
``(E) any action taken by a commander or supervisor
in response to the incident, complaint, or allegation;
``(F) any adverse administrative personnel action
or punitive action related to the incident, complaint,
or allegation, including details of the type of action
initiated and the final disposition of such action;
``(G) descriptions of an ideology, movement, or
extremist group associated with the incident,
complaint, or allegation; and
``(H) records submitted or collected regarding
administrative or punitive action referred to in
subsection (F).
``(2) each notification from the Federal Bureau of
Investigation to the Secretary of Defense, the Secretary of
Homeland Security, or a law enforcement agency (if in the
possession of either such Secretary), of investigations related
to extremism of current and former members of the armed forces,
unless such reporting would jeopardize public safety or
compromise an ongoing law enforcement investigation;
``(3) responses related to questions about extremism on
surveys, questionnaires, command climate surveys, transition
checklists, exit surveys, and other information gathering
sources;
``(4) each involuntary separation or denial of enlistment
or commissioning on the basis of extremism;
``(5) each security clearance revoked on the basis of
extremism; and
``(6) any other requirements prescribed by the Secretary of
Defense, in consultation with the Secretary of Homeland
Security.
``(c) Coordination.--Each Secretary of a military department shall
collect records described in subsection (b) and provide them to the
Director.
``Sec. 1804. Reporting requirements
``(a) Annual Report.--Not later than December 1 of each year, the
Director shall submit to Congress a report on the prevalence of
extremist activities within the armed forces that includes the number
of individuals--
``(1) determined ineligible to serve in the Armed Forces
during the preceding fiscal year by reason of engagement in
extremist activities;
``(2) separated from the Armed Forces during the preceding
fiscal year by reason of engagement in extremist activities;
``(3) determined ineligible to reenlist in the armed forces
during the preceding fiscal year by reason of engagement in
extremist activities;
``(4) whose security clearances were revoked during the
preceding fiscal year by reason of engagement in extremist
activities;
``(5) statistics of incidents, complaints, and allegations
recorded under section 1803(b)--
``(A) disaggregated data by armed force, race,
gender, ethnicity, grade, and rank; and
``(B) with any personally identifiable information
redacted;
``(6) regulations prescribed to counter extremism in the
armed forces; and
``(7) any recommendations to Congress for related
legislative actions to address extremism within the armed
forces.
``(b) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by subsection
(a); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.
``Sec. 1805. Definitions
``In this chapter:
``(1) The terms `extremist activities' and `extremist
organization' have the meanings prescribed by the Secretary of
Defense.
``(2) The term `extremist insider threat' means a member or
civilian employee of the armed forces with access to Government
information, systems, or facilities, who--
``(A) can use such access to do harm to the
security of the United States; and
``(B) exhibits extremist behaviors.''.
(b) Technical Amendment.--The table of chapters for part II of
subtitle A of such title 10 is amended by inserting, after the item
relating to chapter 88, the following new item:
``89. Countering Extremism.................................. 1801''.
(c) Regulations.--The Secretary of Defense shall prescribe
regulations under chapter 89 of such title (including definitions under
section 1805 of such title), as added by subsection (a), not later than
60 days after the date of the enactment of this Act.
(d) Progress Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the status of the implementation of chapter 89 of such
title, as added by subsection (a).
(e) Prohibition on Extremist Activities.--
(1) Prohibition.--Chapter 39 of title 10, United States
Code, is amended by inserting after section 985 the following
new section:
``Sec. 986. Prohibition on extremist activities
``(a) Prohibition.--An individual who engages in extremist
activities or is a member of an extremist organization may not serve as
a member of the armed forces.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations regarding the separation of a member of the armed forces
who engages in extremist activities or is a member of an extremist
organization.
``(c) Definitions.--In this section, the terms `extremist
activities' and `extremist organization' have the meanings given such
terms in section 1805 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 985 the following new item:
``986. Prohibition on extremist activities.''.
(f) Provision of Information Regarding Extremist Groups in
Transition Assistance Program.--Section 1142(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph (20):
``(20) Information about efforts of extremist groups to
recruit former members of the armed forces, including how a
member may report such efforts to the Secretary concerned.''.
(g) Authority to Utilize Online Extremist Content as Cause for
Separation From an Armed Force.--Chapter 3 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 130l. Authority to utilize online extremist content as cause for
separation from an armed force
``The Secretary concerned may use content knowingly shared,
disseminated, or otherwise made available online (including on social
media platforms and accounts) by an individual who serves in an armed
force that expresses support for extremist activities (as that term is
defined in section 1804 of this title) as cause for involuntary
separation from an armed force.''.
(h) Coordination of Director of Countering Extremism With Deputy
Inspector General Regarding Supremacist, Extremist, or Criminal Gang
Activity in the Armed Forces.--Section 554(a)(3) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by adding at the end the following
new subparagraph:
``(E) The Director of Countering Extremism.''.
(i) Effective Date.--The amendments made by this section shall take
effect on the day that the Secretary of Defense prescribes regulations
under subsection (c).
SEC. 529B. REFORM AND IMPROVEMENT OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS.
(a) Evaluation and Plan for Reform.--Not later than one year after
the date of the enactment of this Act, each Secretary concerned shall--
(1) complete an evaluation of the effectiveness of the
military criminal investigative organizations under the
jurisdiction of such Secretary: and
(2) submit to the Secretary of Defense and the Committees
on Armed Services of the Senate and the House of
Representatives a report that includes--
(A) the results of the evaluation conducted under
paragraph (1); and
(B) based on such results, a proposal for reforming
such military criminal investigative organizations to
ensure that the organizations effectively meet the
demand for complex investigations and other emerging
mission requirements.
(b) Implementation Plan.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a plan to
implement the reforms to military criminal investigative
organizations proposed by the Secretaries concerned under
subsection (a) to ensure each such organization is capable of
professionally investigating criminal misconduct under its
jurisdiction.
(2) Elements.--The plan under paragraph (1) shall include
the following:
(A) The requirements that military criminal
investigative organizations must meet to effectively
carry out criminal investigative and other law
enforcement missions in 2022 and subsequent years.
(B) The resources that will be needed to ensure
that each military criminal investigative organization
can achieve its mission.
(C) An analysis of factors affecting the
performance of military criminal investigate
organizations, including--
(i) whether appropriate technological
investigative tools are available and
accessible to such organizations; and
(ii) whether the functions of such
organizations would be better supported by
civilian rather than military leadership.
(D) For each military criminal investigative
organization--
(i) the number of military personnel
assigned to such organization;
(ii) the number of civilian personnel
assigned to such organization; and
(iii) the functions of such military and
civilian personnel.
(E) A description of any plans of the Secretary to
develop a more professional workforce of military and
civilian investigators.
(F) A proposed timeline for the reform of the
military investigative organizations.
(G) An explanation of the potential benefits of
such reforms, including a description of--
(i) specific improvements that are expected
to result from the reforms; and
(ii) whether the reforms will improve
information sharing across military criminal
investigative organizations.
(H) With respect to the military criminal
investigative organizations of the Army, an explanation
of how the plan will--
(i) address the findings of the report of
the Fort Hood Independent Review Committee,
dated November 6, 2020; and
(ii) coordinate with any other internal
reform efforts of the Army.
(c) Limitation on the Changes to Training Locations.--In carrying
out this section, the Secretary of Defense may not change the locations
at which military criminal investigative training is provided to
members of military criminal investigative organizations until--
(1) the implementation plan under subsection (b) is
submitted to the appropriate congressional committees; and
(2) a period of 60 days has elapsed following the date on
which the Secretary notifies the congressional defense
committees of the Secretary's intent to move such training to a
different location.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(2) The term ``military criminal investigative
organization'' means each organization or element of the
Department of Defense or the Armed Forces that is responsible
for conducting criminal investigations, including--
(A) the Army Criminal Investigation Command;
(B) the Naval Criminal Investigative Service;
(C) the Air Force Office of Special Investigations;
(D) the Coast Guard Investigative Service; and
(E) the Defense Criminal Investigative Service.
(3) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States Code.
SEC. 529C. MEASURES TO IMPROVE THE SAFETY AND SECURITY OF MEMBERS OF
THE ARMED FORCES.
(a) Comprehensive Review of Missing Persons Reporting.--The
Secretary of Defense shall instruct the Secretary of each military
department to undertake a comprehensive review of the policies and
procedures of such military department for reporting members of the
Armed Forces absent without leave, on unauthorized absence, or missing.
(b) Review of Installation-level Procedures.--The commander of each
military installation shall--
(1) direct each military installation under its command to
review its policies and procedures for carrying out the
reporting activities described under subsection (a); and
(2) update such installation-level policies and procedures
with a view towards force protection, enhanced security for
members of the Armed Forces living on base, and prioritizing
reporting at the earliest reasonable time to local law
enforcement at all levels, and Federal law enforcement field
offices with overlapping jurisdiction with that installation,
when a member is determined to be missing.
(c) Installation-specific Reporting Protocols.--
(1) In general.--The commander of each military
installation shall establish a protocol for sharing information
with local and Federal law enforcement agencies about members
of the Armed Forces that are absent without leave, on
unauthorized absence, or missing. The protocol shall provide,
by memorandum of understanding or otherwise, for the commander
to notify all local and Federal law enforcement agencies with
jurisdiction over the immediate area of the military
installation--
(A) immediately when the status of a member
assigned to such installation has been changed to
absent without leave, on unauthorized absence, or
missing (including whether the commander determines
that such member has a violent intent, based on
criteria including whether a firearm is missing from
such military installation); and
(B) of the status of a member described in
subparagraph (A), not less than once per week after
notification under such subparagraph, until the
commander changes the status of such member.
(2) Reporting to military installation command.--The
commander of each military installation shall submit the
protocol established pursuant to paragraph (1) to the relevant
military installation command.
(d) Report of Chief of National Guard Bureau.--Not later than March
1, 2022, the Chief of the National Guard Bureau shall submit to the
Committees on Armed Services and on the Judiciary of the Senate and
House of Representatives, a report on the feasibility of implementing
subsections (a), (b), and (c), with regards to facilities of the
National Guard. Such report shall include a proposed timeline for such
implementation and recommendations of the Chief.
SEC. 529D. DISTRIBUTION OF INFORMATION ON THE AVAILABILITY OF CIVILIAN
VICTIM SERVICES.
(a) Information Distribution.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall--
(1) require each military legal service provider to
provide, to each victim referred to such provider, a list of
approved civilian victim service organizations from which the
victim may seek legal assistance, legal representation, or
other legal services; and
(2) direct the Sexual Assault Prevention and Response
Office of the Department of Defense to carry out activities to
ensure the widespread distribution, throughout the Department,
of information on the availability of services from civilian
victim service organizations.
(b) Approval of Organizations.--The Secretary of Defense, acting
through the Sexual Assault Prevention and Response Office of the
Department of Defense, shall establish criteria for the approval of
civilian victim service organizations for inclusion on the list
described in subsection (a)(1).
(c) Definitions.--In this section:
(1) The term ``civilian victim service organization'' means
an organization outside the Department of Defense that is
approved by the Secretary of Defense for the purpose of
providing legal assistance, legal representation, or other
legal services directly to a victim.
(2) The term ``military legal service provider'' means an
individual or organization within the Department of Defense
authorized to provide legal assistance, legal representation,
or other legal services directly to a victim.
(3) The term ``victim'' means the victim of an offense
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice).
SEC. 529E. REPORT ON MANDATORY RESTITUTION.
Not later than April 30, 2022, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the Department's progress in evaluating
the feasibility and advisability of authorizing mandatory restitution
as a component of the sentence for a conviction of an offense under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice).
SEC. 529F. EXCLUSION OF EVIDENCE OBTAINED WITHOUT PRIOR AUTHORIZATION.
Section 271 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Notwithstanding any other provision of law, any information
obtained by or with the assistance of a member of the Armed Forces in
violation of section 1385 of title 18, shall not be received in
evidence in any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or a political subdivision thereof.''.
SEC. 529G. REPORT ON DEMOGRAPHICS OF MILITARY POLICE AND SECURITY
FORCES CITATIONS.
(a) In General.--Not later than March 1 of each year, the Secretary
of Defense, in coordination with each Secretary of a military
department, shall submit to the congressional defense committees a
report on the demographics of citations issued by the military police
and other security forces of each Armed Force.
(b) Elements.--The report required by subsection (a) shall include
each of the following elements:
(1) The number of security citations issued in each Armed
Force in the preceding fiscal year, disaggregated by--
(A) the offense for which the citation was issued;
(B) the race, gender, and ethnicity of the
individual who was issued the citation; and
(C) the race, gender, and ethnicity of the
individual who issued the citation.
(2) An assessment of any disparities in race, gender, and
ethnicity in citations issued to individuals in the preceding
fiscal year.
(3) An assessment of any disparities in race, gender, and
ethnicity in citations issued by individuals in the preceding
fiscal year, including consideration of the race, gender, and
ethnicity of the individual to whom the citation was issued.
(4) An assessment of any trends in disparities in race,
gender, and ethnicity in citations over the preceding ten
fiscal years.
(5) Actions taken in the preceding fiscal by the Secretary
of Defense and each Secretary of a military department to
address any disparities in race, gender, or ethnicity in
citations issued to individuals.
(6) A plan to reduce any disparities in race, gender, or
ethnicity in citations issued to individuals during the fiscal
year in which the report is submitted.
(c) Publication.--The Secretary of Defense shall--
(1) publish on an appropriate publicly available website of
the Department of Defense the reports required by subsection
(a); and
(2) ensure that any data included with each such report is
made available in a machine-readable format that is
downloadable, searchable, and sortable.
(d) Termination.--The requirement under this section shall
terminate on December 31, 2026.
Subtitle D--Implementation of Recommendations of the Independent Review
Commission on Sexual Assault in the Military
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``IRC implementation Act of
2021''.
PART 1--SPECIAL VICTIM PROSECUTORS AND SPECIAL VICTIM OFFENSES
SEC. 532. SPECIAL VICTIM PROSECUTORS.
(a) In General.--Subchapter V of chapter 47 of title 10, United
States Code, is amended by inserting after section 824 (article 24 of
the Uniform Code of Military Justice) the following new section:
``Sec. 824a. Art. 24a. Special victim prosecutors
``(a) Detail of Special Victim Prosecutors and Assistant Special
Victim Prosecutors.--Each Secretary concerned shall detail--
``(1) one commissioned officer from each armed force under
the jurisdiction of such Secretary to serve as the special
victim prosecutor of that armed force; and
``(2) such number of assistant special victim prosecutors
as the Secretary considers appropriate to assist such special
victim prosecutor.
``(b) Qualifications.--
``(1) Qualifications of special victim prosecutors.--A
special victim prosecutor shall be a commissioned officer of
the armed forces who--
``(A) is in the grade of O-6 or higher;
``(B) is a judge advocate;
``(C) is a member of the bar of a Federal court or
a member of the bar of the highest court of a State;
and
``(D) is certified to be qualified, by reason of
education, training, experience, and temperament, for
duty as a special victim prosecutor.
``(2) Qualifications of assistant special victim
prosecutors.--An assistant special victim prosecutor shall be a
commissioned officer of the armed forces who--
``(A) has at least five years of criminal justice
experience;
``(B) is a judge advocate;
``(C) is a member of the bar of a Federal court or
a member of the bar of the highest court of a State;
and
``(D) is certified to be qualified, by reason of
education, training, experience, and temperament, for
duty as an assistant special victim prosecutor.
``(c) Duties and Authorities.--
``(1) In general.--Special victim prosecutors and assistant
special victim prosecutors shall carry out the duties described
in this chapter and any other duties prescribed by the
Secretary of Defense, in consultation with the Secretary of
Homeland Security, by regulation.
``(2) Clarification of authority of assistant special
victim prosecutors.--Except as otherwise expressly provided in
this chapter, an assistant special victim prosecutor shall have
the same authorities granted to a special victim prosecutor
under this chapter.
``(3) Determination of special victim offense; related
charges.--
``(A) Authority.--A special victim prosecutor shall
have exclusive authority to determine if an offense is
a special victim offense and shall, upon completion of
a relevant investigation, exercise authority over any
such offense in accordance with this chapter.
``(B) Related offenses.--If a special victim
prosecutor determines that an offense is a special
victim offense, the special victim prosecutor may also
exercise authority over any reported offense that the
special victim prosecutor determines to be related to
the special victim offense and any other reported
offense by the person alleged to have committed a
special victim offense.
``(4) Dismissal; preferral; referral; plea bargains.--
Subject to paragraph (5), with respect to charges and
specifications alleging any offense over which a special victim
prosecutor exercises authority, a special victim prosecutor
shall have exclusive authority to, in accordance with this
chapter--
``(A) make a determination that is binding on the
convening authority to prefer or refer the charges and
specifications for trial by a special or general court-
martial;
``(B) on behalf of the Government, dismiss the
charges and specifications or make a motion to dismiss
the charges and specifications;
``(C) enter into a plea agreement; and
``(D) determine if an ordered rehearing is
impracticable.
``(5) Deferral to convening authority.--
``(A) In general.--Except as provided in
subparagraph (B), if a special victim prosecutor
exercises authority over an offense and elects not to
prefer charges and specifications for such offense or,
with respect to charges and specifications for such
offense preferred by a person other than a special
victim prosecutor, elects not to refer such charges and
specifications, a convening authority may exercise any
of the authorities of the convening authority under
this chapter with respect to such offense.
``(B) Exception.--In exercising authority under
with respect to an offense described in subparagraph
(A), a convening authority may not refer charges and
specifications for a special victim offense for trial
by special or general court-martial.
``(d) Relevant Investigation Defined.--In this section, the term
`relevant investigation' means an investigation into an alleged offense
under this chapter that is conducted by the Federal Government or a
State, local, or Tribal law enforcement organization.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), is amended by inserting after the item
relating to section 824 (article 24) the following new item:
``824a. Art. 24a. Special victim prosecutors.''.
SEC. 533. DEPARTMENT OF DEFENSE POLICIES WITH RESPECT TO SPECIAL VICTIM
PROSECUTORS AND ESTABLISHMENT OF OFFICES OF SPECIAL
VICTIM PROSECUTORS WITHIN MILITARY DEPARTMENTS.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044e the following new section:
``Sec. 1044f. Special victim prosecutors: Department of Defense
policies; establishment of Offices of Special Victim
Prosecutors
``(a) Policies Required.--The Secretary of Defense shall establish
policies with respect to the appropriate mechanisms and procedures that
the Secretaries of the military departments shall establish and carry
out relating to the activities of special victim prosecutors, including
expected milestones for the Secretaries to fully implement such
mechanisms and procedures.
``(b) Military Department Offices of Special Victim Prosecutors.--
``(1) Establishment.--Each Secretary of a military
department shall establish within the office of such Secretary
an Office of Special Victim Prosecutors. The head of each such
Office of Special Victim Prosecutors shall be a general or flag
officer of the Judge Advocate General's Corps an armed force
under the jurisdiction of such Secretary and shall report
directly to the Secretary concerned without intervening
authority.
``(2) Assignment of special victim prosecutors.--
Notwithstanding section 806 of this title (article 6) each
special victim prosecutor and assistant special victim
prosecutor detailed by a Judge Advocate General of a military
department shall be assigned to an Office of Special Victim
Prosecutors established by such Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of title 10, United States Code, is amended by inserting
after the item relating to section 1044e the following new item:
``1044f. Special victim prosecutors: Department of Defense policies;
establishment of Offices of Special Victim
Prosecutors.''.
SEC. 534. DEFINITIONS OF MILITARY MAGISTRATE, SPECIAL VICTIM OFFENSE,
AND SPECIAL VICTIM PROSECUTOR.
Section 801 of title 10, United States Code (article 1 of the
Uniform Code of Military Justice), is amended--
(1) by inserting after paragraph (10) the following new
paragraph:
``(11) The term `military magistrate' means a commissioned
officer certified for duty as a military magistrate in
accordance with section 826a of this title (article 26a).''.
(2) by adding at the end the following new paragraphs:
``(17) The term `special victim offense' means--
``(A) an offense under section 917a (article 117a),
section 919a (article 119a), section 919b (article
119b), section 920 (article 120), section 925 (article
125), section 920b (article 120b), section 920c
(article 120c), section 920d (article 120d), section
928b (article 128b), section 930 (article 130), section
932 (article 132), or section 934 (article 134) (as it
relates to child pornography, pandering, and
prostitution) of this title;
``(B) any offense under this chapter in a case in
which the victim of the offense was a child who had not
attained the age of 18 years as of the date of the
offense;
``(C) a conspiracy to commit an offense specified
in subparagraph (A) or (B) as punishable under section
881 of this title (article 81);
``(D) a solicitation to commit an offense specified
in subparagraph (A) or (B) as punishable under section
882 of this title (article 82);
``(E) an attempt to commit an offense specified in
subparagraph (A), (B), (C), or (D) as punishable under
section 880 of this title (article 80); or
``(18) The term `special victim prosecutor' means a judge
advocate detailed as the special victim prosecutor of an armed
force in accordance with section 824a(a)(1) of this title
(article 24a(a)(1)).
``(19) The term `assistant special victim prosecutor' means
a judge advocate detailed as an assistant special victim
prosecutor in accordance with section 824a(a)(2) of this title
(article 24a(a)(2)).''.
SEC. 535. CLARIFICATION RELATING TO WHO MAY CONVENE COURTS-MARTIAL.
(a) General Courts-martial.--Section 822(b) of title 10, United
States Code (article 22(b) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``If any'' and inserting ``(1) If any'';
and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an accuser
solely due to the role of the commanding officer in convening a general
court-martial to which charges and specifications were referred by a
special victim prosecutor in accordance with this chapter.''.
(b) Special Courts-martial.--Section 823(b) of title 10, United
States Code (article 23(b) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``If any'' and inserting ``(1) If any'';
and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an accuser
solely due to the role of the commanding officer in convening a special
court-martial to which charges and specifications were referred by a
special victim prosecutor in accordance with this chapter.''.
SEC. 536. DETAIL OF TRIAL COUNSEL.
Section 827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(e) For each general and special court-martial for which charges
and specifications were referred by a special victim prosecutor--
``(1) a special victim prosecutor or an assistant special
victim prosecutor shall be detailed as trial counsel;
``(2) a special victim prosecutor may detail a special
victim prosecutor or an assistant special victim prosecutor as
an assistant trial counsel; and
``(3) a special victim prosecutor may request that a
counsel other than a special victim prosecutor or assistant
special victim prosecutor be detailed as an assistant trial
counsel.''.
SEC. 537. PRELIMINARY HEARING.
(a) Detail of Hearing Officer; Waiver.--Subsection (a)(1) of
section 832 of title 10, United States Code (article 32 of the Uniform
Code of Military Justice), is amended--
(1) in subparagraph (A), by striking ``hearing officer''
and all that follows and inserting ``hearing officer detailed
in accordance with subparagraph (C).'';
(2) in subparagraph (B), by striking ``written waiver'' and
all that follows and inserting the following: ``written waiver
to--
``(i) except as provided in clause (ii),
the convening authority and the convening
authority determines that a hearing is not
required; and
``(ii) with respect to charges and
specifications over which the special victim
prosecutor is exercising authority in
accordance with section 824a of this title
(article 24a), the special victim prosecutor
and the special victim prosecutor determines
that a hearing is not required; and''; and
(3) by adding at the end the following new subparagraph:
``(C)(i) Except as provided in clause (ii), the convening
authority shall detail a hearing officer.
``(ii) If a special victim prosecutor is exercising
authority over the charges and specifications subject to a
preliminary hearing under this section (article), the special
victim prosecutor shall request a military judge or military
magistrate to serve as the hearing officer, and a military
judge or military magistrate shall be provided, in accordance
with regulations prescribed by the President.''.
(b) Report of Preliminary Hearing Officer.--Subsection (c) of such
section is amended--
(1) in the heading, by inserting ``or Special Victim
Prosecutor'' after ``Convening Authority''; and
(2) in the matter preceding paragraph (1) by striking ``to
the convening authority'' and inserting ``to the convening
authority or, in the case of a preliminary hearing in which the
hearing officer is provided at the request of a special victim
prosecutor, to the special victim prosecutor,''.
SEC. 538. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL.
Section 834 of title 10, United States Code (article 34 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1) in the matter preceding
subparagraph (A) in the first sentence, by striking ``Before
referral'' and inserting ``Subject to subsection (c), before
referral'';
(2) in subsection (b), by striking ``Before referral'' and
inserting ``Subject to subsection (c), before referral'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Special Victim Offenses.--A referral to a general or special
court-martial for trial of charges and specifications over which a
special victim prosecutor exercises authority may only be made--
``(1) by a special victim prosecutor; or
``(2) by the convening authority in the case of--
``(A) charges and specifications that do not allege
a special victim offense and for which a special victim
prosecutor declines to prefer charges; or
``(B) charges and specifications preferred by a
person other than a special victim prosecutor, for
which a special victim prosecutor declines to refer
charges.''; and
(5) in subsection (e), as redesignated by paragraph (3) of
this section, by inserting ``or, with respect to charges and
specifications over which a special victim prosecutor exercises
authority in accordance with section 824a of this title
(article 24a), a special victim prosecutor,'' after ``convening
authority''.
SEC. 539. FORMER JEOPARDY.
Section 844(c) of title 10, United States Code (article 44(c) of
the Uniform Code of Military Justice), is amended by inserting ``or the
special victim prosecutor'' after ``the convening authority'' each
place it appears.
SEC. 539A. PLEA AGREEMENTS.
(a) Authority to Enter Into Agreements.--Subsection (a) of section
853a of title 10, United States Code (article 53a of the Uniform Code
of Military Justice), is amended--
(1) in paragraph (1), by striking ``At any time'' and
inserting ``Subject to paragraph (3), at any time''; and
(2) by adding at the end the following new paragraph:
``(3) With respect to charges and specifications referred to court-
martial by a special victim prosecutor, a plea agreement under this
section may only be entered into between a special victim prosecutor
and the accused. Such agreement shall be subject to the same
limitations and conditions applicable to other plea agreements under
this section (article).''.
(b) Binding Effect.--Subsection (d) of such section (article) is
amended by inserting after ``parties'' the following: ``(including the
convening authority and the special victim prosecutor in the case of a
plea agreement entered into under subsection (a)(3))''.
SEC. 539B. DETERMINATIONS OF IMPRACTICALITY OF REHEARING.
(a) Transmittal and Review of Records.--Section 865(e)(3)(B) of
title 10, United States Code (article 65(e)(3)(B) of the Uniform Code
of Military Justice), is amended--
(1) by striking ``Impractical.--If the Judge Advocate
General'' and inserting the following: ``Impractical.--
``(i) In general.--Subject to clause (ii),
if the Judge Advocate General''; and
(2) by adding at the end the following new clause:
``(ii) Cases referred by special victim
prosecutor.--If a case was referred to trial by
a special victim prosecutor, a special victim
prosecutor shall determine if a rehearing is
impractical and shall dismiss the charges if
the special victim prosecutor so determines.''.
(b) Courts of Criminal Appeals.--Section 866(f)(1)(C) of title 10,
United States Code (article 66(f)(1)(C) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``Impracticable.--If the Court of Criminal
Appeals'' and inserting the following: ``Impracticable.--
``(i) In general.--Subject to clause (ii),
if the Court of Criminal Appeals''; and
(2) by adding at the end the following new clause:
``(ii) Cases referred by special victim
prosecutor.--If a case was referred to trial by
a special victim prosecutor, a special victim
prosecutor shall determine if a rehearing is
impracticable and shall dismiss the charges if
the special victim prosecutor so determines.''.
(c) Review by the Court of Appeals for the Armed Forces.--Section
867(e) of title 10, United States Code (article 67(e) of the Uniform
Code of Military Justice), is amended by adding at the end the
following new sentence: ``Notwithstanding the preceding sentence, if a
case was referred to trial by a special victim prosecutor, a special
victim prosecutor shall determine if a rehearing is impracticable and
shall dismiss the charges if the special victim prosecutor so
determines.''.
(d) Review by Judge Advocate General.--Section 869(c)(1)(D) of
title 10, United States Code (article 69(c)(1)(D) of the Uniform Code
of Military Justice), is amended--
(1) by striking ``If the Judge Advocate General'' and
inserting ``(i) Subject to clause (ii), if the Judge Advocate
General''; and
(2) by adding at the end the following new clause:
``(ii) If a case was referred to trial by a
special victim prosecutor, a special victim
prosecutor shall determine if a rehearing is
impractical and shall dismiss the charges if
the special victim prosecutor so determines.''.
SEC. 539C. PUNITIVE ARTICLE ON SEXUAL HARASSMENT.
(a) In General.--Subchapter X of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 920c (article 120c) the following new section
(article):
``Sec. 920d. Art. 120d. sexual harassment
``(a) In General.--Any person subject to this chapter who commits
sexual harassment against another person shall be punished as a court-
martial may direct.
``(b) Elements.--A person subject to this chapter commits sexual
harassment when--
``(1) such person knowingly--
``(A) makes a sexual advance;
``(B) demands or requests a sexual favor; or
``(C) engages in other conduct of a sexual nature;
``(2) the conduct described in paragraph (1) that such
person committed is unwelcome;
``(3) under the circumstances, on the basis of the record
as a whole, such conduct would cause a reasonable person to--
``(A) believe that submission to, or rejection of,
such conduct would be made, either explicitly or
implicitly, a term or condition of a person's military
duties, job, pay, career, benefits, or entitlements;
``(B) believe that submission to, or rejection of,
such conduct would be used as a basis for military
career or employment decisions affecting that person;
or
``(C) perceive an intimidating, hostile, or
offensive duty or working environment due to the
severity, repetitiveness, or pervasiveness of such
conduct; and
``(4) a person, who by some duty or military-related reason
works or is associated with the accused, did reasonably believe
or perceive as described in subparagraph (A), (B), or (C) of
paragraph (3).
``(c) Other Conduct.--For purposes of subsection (b)(1)(C), whether
other conduct would cause a reasonable person to believe it is of a
sexual nature shall be dependent upon the circumstances of the act
alleged and may include conduct that, without context, would not appear
to be sexual in nature.
``(d) Location and Means of Act.--An act constituting sexual
harassment under this section--
``(1) may occur at any location and without regard to
whether the victim or accused is on or off duty at the time of
the alleged act;
``(2) does not require physical proximity between the
victim and the accused; and
``(3) may be transmitted through any means, including
written, oral, online, or other electronic means.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 920c (article 120c) the following new item:
``920d. Art. 120d. Sexual harassment.''.
SEC. 539D. CLARIFICATION OF APPLICABILITY OF DOMESTIC VIOLENCE AND
STALKING TO DATING PARTNERS.
(a) Article 128b; Domestic Violence.--Section 928b of title 10,
United States Code (article 128b of the Uniform Code of Military
Justice), is amended--
(1) in the matter preceding paragraph (1), by striking
``Any person'' and inserting the following:
``(a) In General.--Any person''.
(2) by inserting ``a dating partner,'' after ``an intimate
partner,'' each place it appears; and
(3) by adding at the end the following new subsection:
``(b) Definitions.--In this section, the terms dating
partner,`immediate family', and `intimate partner' have the meaning
given such terms in section 930 of this title (article 130).''.
(b) Article 130; Stalking.--Section 930 of such title (article 130
of the Uniform Code of Military Justice) is amended--
(1) in subsection (a), by striking ``or to his or her
intimate partner'' each place it appears and inserting ``to his
or her intimate partner, or to his or her dating partner'';
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) The term `dating partner', in the case of a specific
person, means a person who is or has been in a social
relationship of a romantic or intimate nature with such
specific person, and a reasonable person would believe such a
relationship exists or existed, based on--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the
persons involved in the relationship.''.
SEC. 539E. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part shall take effect on the date that is two
years after the date of the enactment of this Act and shall apply with
respect to offenses that occur after that date.
(b) Regulations.--
(1) Requirement.--The President shall prescribe regulations
to carry out this part not later than two years after the date
of the enactment of this Act.
(2) Impact of delay of issuance.--If the President does not
prescribe regulations to carry out this part before the date
that is two years after the date of the enactment of this Act,
the amendments made by this part shall take effect on the date
on which such regulations are prescribed and shall apply with
respect to offenses that occur on or after that date.
PART 2--SENTENCING REFORM
SEC. 539F. SENTENCING REFORM.
(a) Article 53; Findings and Sentencing.--Section 853 of title 10,
United States Code (article 53 of the Uniform Code of Military
Justice), is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) General and special courts-martial.--Except as
provided in subsection (c) for capital offenses, if the accused
is convicted of an offense in a trial by general or special
court-martial, the military judge shall sentence the accused.
The sentence determined by the military judge constitutes the
sentence of the court-martial.'';
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--In a capital case, if the accused is
convicted of an offense for which the court-martial may
sentence the accused to death--
``(A) the members shall determine--
``(i) whether the sentence for that offense
shall be death or life in prison without
eligibility for parole; or
``(ii) whether the matter shall be returned
to the military judge for determination of a
lesser punishment; and
``(B) the military judge shall sentence the accused
for that offense in accordance with the determination
of the members under subparagraph (A).''; and
(B) in paragraph (2), by striking ``the court-
martial'' and inserting ``the military judge''.
(b) Article 53a; Plea Agreements.--Section 853a of title 10, United
States Code (article 53a of the Uniform Code of Military Justice), as
amended by section 539A of this subtitle, is further amended--
(1) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acceptance of Plea Agreement.--Subject to subsections (c) and
(d), the military judge of a general or special court-martial shall
accept a plea agreement submitted by the parties, except that--
``(1) in the case of an offense with a sentencing parameter
under section 856 of this chapter (article 56), the military
judge may reject a plea agreement that proposes a sentence that
is outside the sentencing parameter if the military judge
determines that the proposed sentence is plainly unreasonable;
and
``(2) in the case of an offense with no sentencing
parameter under section 856 of this chapter (article 56), the
military judge may reject a plea agreement that proposes a
sentence if the military judge determines that the proposed
sentence is plainly unreasonable.''.
(c) Article 56; Sentencing.--Section 856 of title 10, United States
Code (article 56 of the Uniform Code of Military Justice), is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (C)(vii), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) the applicable sentencing parameters or
sentencing criteria prescribed under this section.'';
(B) by striking paragraphs (2) through (4) and
inserting the following new paragraphs:
``(2) Application of sentencing parameters in general and
special courts-martial.--
``(A) Requirement to sentence within parameters.--
Except as provided in subparagraph (B), in a general or
special court-martial in which the accused is convicted
of an offense for which there is a sentencing parameter
under subsection (d), the military judge shall sentence
the accused for that offense within the applicable
parameter.
``(B) Exception.--The military judge may impose a
sentence outside a sentencing parameter upon finding
specific facts that warrant such a sentence. If the
military judge imposes a sentence outside a sentencing
parameter under this subparagraph, the military judge
shall include in the record a written statement of the
factual basis for the sentence.
``(3) Use of sentencing criteria in general and special
courts-martial.--In a general or special court-martial in which
the accused is convicted of an offense for which there are
sentencing criteria under subsection (d), the military judge
shall consider the applicable sentencing criteria in
determining the sentence for that offense.
``(4) Offense-based sentencing in general and special
courts-martial.--In announcing the sentence under section 853
of this chapter (article 53) in a general or special court-
martial, the military judge shall, with respect to each offense
of which the accused is found guilty, specify the term of
confinement, if any, and the amount of the fine, if any. If the
accused is sentenced to confinement for more than one offense,
the military judge shall specify whether the terms of
confinement are to run consecutively or concurrently.
``(5) Inapplicability to death penalty.--Sentencing
parameters and sentencing criteria shall not apply to a
determination of whether an offense should be punished by
death.
``(6) Sentence of confinement for life without eligibility
for parole.--(A) If an offense is subject to a sentence of
confinement for life, a court-martial may impose a sentence of
confinement for life without eligibility for parole.
``(B) An accused who is sentenced to confinement for life
without eligibility for parole shall be confined for the
remainder of the accused's life unless--
``(i) the sentence is set aside or otherwise
modified as a result of--
``(I) action taken by the convening
authority or the Secretary concerned; or
``(II) any other action taken during post-
trial procedure or review under any other
provision of subchapter IX of this chapter;
``(ii) the sentence is set aside or otherwise
modified as a result of action taken by a court of
competent jurisdiction; or
``(iii) the accused receives a pardon or another
form of Executive clemency.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following new
subsection:
``(d) Establishment of Sentencing Parameters and Sentencing
Criteria.--
``(1) In general.--The President shall prescribe
regulations establishing sentencing parameters and sentencing
criteria in accordance with this subsection. Such parameters
and criteria--
``(A) shall cover sentences of confinement; and
``(B) may cover lesser punishments, as the
President determines appropriate.
``(2) Sentencing parameters.--Sentencing parameters
established under paragraph (1) shall--
``(A) identify a delineated sentencing range for an
offense that is appropriate for a typical violation of
the offense, taking into consideration--
``(i) the severity of the offense;
``(ii) the guideline or offense category
that would apply to the offense if the offense
were tried in a United States district court;
``(iii) any military-specific sentencing
factors; and
``(iv) the need for the sentencing
parameter to be sufficiently broad to allow for
individualized consideration of the offense and
the accused;
``(B) include no fewer than five and no more than
twelve offense categories;
``(C) assign each offense under this chapter to an
offense category unless the offense is identified as
unsuitable for sentencing parameters under paragraph
(4)(F)(ii);
``(D) delineate the confinement range for each
offense category by setting an upper confinement limit
and a lower confinement limit; and
``(E) be neutral as to the race, color, religion,
national origin, ethnicity, gender, gender identity,
disability, sexual orientation, and socioeconomic
status of offenders.
``(3) Sentencing criteria.--Sentencing criteria established
under paragraph (1) shall identify offense-specific factors the
military judge should consider and any collateral effects of
available punishments that may aid the military judge in
determining an appropriate sentence when there is no applicable
sentencing parameter for a specific offense.
``(4) Military sentencing parameters and criteria board.--
``(A) In general.--There is established within the
Department of Defense a board, to be known as the
`Military Sentencing Parameters and Criteria Board'
(referred to in this subsection as the `Board').
``(B) Voting members.--The Board shall have five
voting members, as follows:
``(i) The four chief trial judges
designated under section 826(g) of this chapter
(article 26(g)), except that, if the chief
trial judge of the Coast Guard is not
available, the Judge Advocate General of the
Coast Guard may designate as a voting member a
judge advocate of the Coast Guard with
substantial military justice experience.
``(ii) A trial judge of the Navy,
designated under regulations prescribed by the
President, if the chief trial judges designated
under section 826(g) of this chapter (article
26(g)) do not include a trial judge of the
Navy.
``(iii) A trial judge of the Marine Corps,
designated under regulations prescribed by the
President, if the chief trial judges designated
under section 826(g) of this chapter (article
26(g)) do not include a trial judge of the
Marine Corps.
``(C) Nonvoting members.--The Chief Judge of the
Court of Appeals for the Armed Forces, the Chairman of
the Joint Chiefs of Staff, and the General Counsel of
the Department of Defense shall each designate one
nonvoting member of the Board.
``(D) Chair and vice-chair.--The Secretary of
Defense shall designate one voting member as chair of
the Board and one voting member as vice-chair.
``(E) Voting requirement.--An affirmative vote of
at least three members is required for any action of
the Board under this subsection.
``(F) Duties of board.--The Board shall have the
following duties:
``(i) As directed by the President, the
Board shall submit to the President for
approval--
``(I) sentencing parameters for all
offenses under this chapter (other than
offenses that the Board identifies as
unsuitable for sentencing parameters in
accordance with clause (ii)); and
``(II) sentencing criteria to be
used by military judges in determining
appropriate sentences for offenses that
are identified as unsuitable for
sentencing parameters in accordance
with clause (ii).
``(ii) Identify each offense under this
chapter that is unsuitable for sentencing
parameters. The Board shall identify an offense
as unsuitable for sentencing parameters if--
``(I) the nature of the offense is
indeterminate and unsuitable for
categorization; and
``(II) there is no similar criminal
offense under the laws of the United
States or the laws of the District of
Columbia.
``(iii) In developing sentencing parameters
and criteria, the Board shall consider the
sentencing data collected by the Military
Justice Review Panel pursuant to section
946(f)(2) of this chapter (article 146(f)(2)).
``(iv) In addition to establishing
parameters for sentences of confinement under
clause (i)(I), the Board shall consider the
appropriateness of establishing sentencing
parameters for punitive discharges, fines,
reductions, forfeitures, and other lesser
punishments authorized under this chapter.
``(v) The Board shall regularly--
``(I) review, and propose revision
to, in consideration of comments and
data coming to the Board's attention,
the sentencing parameters and
sentencing criteria prescribed under
paragraph (1); and
``(II) submit to the President,
through the Secretary of Defense,
proposed amendments to the sentencing
parameters and sentencing criteria,
together with statements explaining the
basis for the proposed amendments.
``(vi) The Board shall develop means of
measuring the degree to which applicable
sentencing, penal, and correctional practices
are effective with respect to the sentencing
factors and policies set forth in this section.
``(vii) In fulfilling its duties and in
exercising its powers, the Board shall consult
authorities on, and individual and
institutional representatives of, various
aspects of the military criminal justice
system. The Board shall establish separate
advisory groups consisting of individuals with
current or recent experience in command and in
senior enlisted positions, individuals with
experience in the trial of courts-martial, and
such other groups as the Board deems
appropriate.
``(viii) The Board shall submit to the
President, through the Secretary of Defense,
proposed amendments to the rules for courts-
martial with respect to sentencing proceedings
and maximum punishments, together with
statements explaining the basis for the
proposed amendments.
``(ix) The Board may issue non-binding
policy statements to achieve the Board's
purposes and to guide military judges in
fashioning appropriate sentences, including
guidance on factors that may be relevant in
determining where in a sentencing parameter a
specification may fall, or whether a deviation
outside of the sentencing range may be
warranted.
``(G) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
with respect to the Board or any advisory group
established by the Board.''; and
(4) in subsection (e)(1), as redesignated by paragraph (2)
of this subsection--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) in the case of a sentence for an offense with a
sentencing parameter under this section, the sentence is a
result of an incorrect application of the parameter; or''; and
(D) in subparagraph (C), as redesignated by
subparagraph (B) of this paragraph, by striking ``, as
determined in accordance with standards and procedures
prescribed by the President''.
(d) Article 66; Courts of Criminal Appeals.--Section 866 of title
10, United States Code (article 66 of the Uniform Code of Military
Justice) is amended--
(1) in subsection (d)(1)(A), by striking the third
sentence; and
(2) by amending subsection (e) to read as follows:
``(e) Consideration of Sentence.--
``(1) In general.--In considering a sentence on appeal,
other than as provided in section 856(e) of this chapter
(article 56(e)), the Court of Criminal Appeals may consider--
``(A) whether the sentence violates the law;
``(B) whether the sentence is inappropriately
severe--
``(i) if the sentence is for an offense for
which there is no sentencing parameter under
section 856(d) of this chapter (article 56(d));
or
``(ii) in the case of an offense with a
sentencing parameter under section 856(d) of
this chapter (article 56(d)), if the sentence
is above the upper range of such sentencing
parameter;
``(C) in the case of a sentence for an offense with
a sentencing parameter under section 856(d) of this
chapter (article 56(d)), whether the sentence is a
result of an incorrect application of the parameter;
``(D) whether the sentence is plainly unreasonable;
and
``(E) in review of a sentence to death or to life
in prison without eligibility for parole determined by
the members in a capital case under section 853(c) of
this chapter (article 53(c)), whether the sentence is
otherwise appropriate, under rules prescribed by the
President.
``(2) Record on appeal.--In an appeal under this subsection
or section 856(e) of this chapter (article 56(e)), other than
review under subsection (b)(2), the record on appeal shall
consist of--
``(A) any portion of the record in the case that is
designated as pertinent by any party;
``(B) the information submitted during the
sentencing proceeding; and
``(C) any information required by rule or order of
the Court of Criminal Appeals.''.
(e) Conforming Amendments.--
(1) Section 863(c) of title 10, United States Code (article
63(c) of the Uniform Code of Military Justice) is amended by
striking ``section 856(d) of this title (article 56(d))'' and
inserting ``section 856(e) of this chapter (article 56(e))''.
(2) Section 866 of title 10, United States Code (article 66
of the Uniform Code of Military Justice), as amended by
subsection (d), is further amended by striking ``section 856(d)
of this title (article 56(d))'' each place it appears and
inserting ``section 856(e) of this chapter (article 56(e))''.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is two years after the date of the
enactment of this Act and shall apply to sentences adjudged in
cases in which all findings of guilty are for offenses that
occurred after the date that is two years after the date of the
enactment of this Act.
(2) Implementation of sentencing parameters and criteria.--
(A) In general.--The President shall prescribe
regulations setting forth the sentencing parameters and
criteria required by subsection (d) of section 856 of
title 10, United States Code (article 56 of the Uniform
Code of Military Justice), as added by subsection (c)
of this section.
(B) Effective dates.--The regulations under
subparagraph (A) shall take effect on a date determined
by the President which shall be not later than four
years after the date of enactment of this Act and shall
apply only to sentences adjudged in cases in which all
findings of guilty are for offenses that occurred after
the date on which the regulations required by
subparagraph (A) take effect.
(C) Interim authority of judges.--If the
regulations required by subparagraph (A) have not been
prescribed as of the date on which the amendments made
by this section take effect under paragraph (1), each
sentence adjudged in accordance with the amendments
made by this section and the terms of the effective
date under paragraph (1) shall be made as if no
sentencing parameter or criteria for that offense has
been prescribed until such time as such regulations are
issued that include such a sentencing parameter or
criteria.
(g) Repeal of Secretarial Guidelines on Sentences for Offenses
Committed Under the Uniform Code of Military Justice.--Section 537 of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.
PART 3--REPORTS AND OTHER MATTERS
SEC. 539G. REPORT ON MODIFICATION OF DISPOSITION AUTHORITY FOR OFFENSES
OTHER THAN SPECIAL VICTIM OFFENSES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the feasibility, advisability, and
potential effects of modifying chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice) to require that
determinations as to whether to prefer or refer charges for trial by
court-martial for offenses other than special victim offenses must be
made by an individual outside of the chain of command of the member
subject to the charges rather than by a commanding officer who is in
the chain of command of the member.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A review and reassessment of the findings of the
Secretary of Defense included in the report submitted under
section 540F of the National Defense Authorization Act for
Fiscal year 2020 (Public Law 116-92; 133 Stat. 1367 ), taking
into account the findings and recommendations of the
Independent Review Commission on Sexual Assault in the Military
as set forth in the report of the Commission titled ``Hard
Truths and the Duty to Change: Recommendations from the
Independent Review Commission on Sexual Assault in the
Military''.
(2) An analysis of any effects, including positive and
negative effects, that may result from the modification of
disposition authority for offenses as described in subsection
(a).
(c) Independent Committee.--
(1) In general.--The Secretary of Defense shall establish
an independent committee to prepare the report required by this
section.
(2) Members.--Subject to paragraph (3), the committee
established under paragraph (1) shall be composed of members
who--
(A) are designated by the Secretary of Defense; and
(B) have expertise determined to be relevant by the
Secretary
(3) Limitation.--No member of an Armed Force or civilian
employee of the Department of Defense may serve on the
committee established under paragraph (1).
(d) Special Victim Offense Defined.--In this section, the term
``special victim offense'' means an offense specified in section
801(17) of title 10, United States Code (article 1(17) of the Uniform
Code of Military Justice), as added by section 534 of this subtitle.
SEC. 539H. REPORT ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS OF THE
INDEPENDENT REVIEW COMMISSION ON SEXUAL ASSAULT IN THE
MILITARY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on status of the implementation of the
recommendations specified in subsection (c).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of the status of the implementation of
each recommendation specified in subsection (c), including--
(A) whether, how, and to what extent the
recommendation has been implemented;
(B) any rules, regulations, policies, or other
guidance that have been issued, revised, changed, or
cancelled as a result of the implementation of the
recommendation; and
(C) any impediments to the implementation of the
recommendation.
(2) For each recommendation specified in subsection (c)
that has not been fully implemented or superseded by statute as
of the date of the report, a plan for the implementation of the
recommendation, including identification of--
(A) intermediate actions, milestone dates, and the
expected completion date for implementation of the
recommendation; and
(B) any rules, regulations, policies, or other
guidance that are expected to be issued, revised,
changed, or cancelled as a result of the implementation
of the recommendation.
(3) Any statutory changes identified as necessary to fully
implement the recommendations specified in subsection (c).
(c) Recommendations Specified.--The recommendations specified in
this subsection are the following, as set forth in the report of the
Independent Review Commission on Sexual Assault in the Military titled
``Hard Truths and the Duty to Change: Recommendations from the
Independent Review Commission on Sexual Assault in the Military'', and
dated July 2, 2021:
(1) Each recommendation under the heading ``Line of Effort
1: Accountability'' as set forth in section III such report.
(2) Each recommendation under the heading ``Line of Effort
2: Prevention'' as set forth in section III such report.
(3) Each recommendation under the heading ``Line of Effort
3: Climate and Culture'' as set forth in section III of such
report.
(4) Each recommendation under the heading ``Line of Effort
4: Victim Care and Support'' as set forth in section III of
such report.
SEC. 539I. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS AND OTHER
ACTIVITIES TO ADDRESS RACIAL, ETHNIC, AND GENDER
DISPARITIES IN THE MILITARY JUSTICE SYSTEM.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on
status of the Secretary's efforts--
(1) to implement the recommendations set forth in the May
2019 report of the Government Accountability Office titled
``Military Justice: DOD and the Coast Guard Need to Improve
Their Capabilities to Assess Racial and Gender Disparities''
(GAO-19-344); and
(2) to carry out the activities required under section
540I(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1369; 10 U.S.C. 810
note).
SEC. 539J. PLAN FOR DEVELOPMENT AND MANAGEMENT OF THE GENDER ADVISOR
WORKFORCE.
(a) Plan Required.--The Secretary of Defense shall develop and
implement a plan to institutionalize the gender advisor workforce of
the Department of Defense responsible for supporting the implementation
of the Women, Peace, and Security Act of 2017 (Public Law 115-68; 131
Stat. 1202).
(b) Elements.--The plan under subsection (a) shall include:
(1) Plans for the development and management of the gender
advisor workforce, including plans for the training,
certification, assignments, and career development of the
personnel of such workforce.
(2) The actions the Secretary of Defense will carry out to
elevate, develop, define, and standardize the gender advisor
workforce in accordance with recommendation 3.4(a) of the
report of the Independent Review Commission on Sexual Assault
in the Military titled ``Hard Truths and the Duty to Change:
Recommendations from the Independent Review Commission on
Sexual Assault in the Military'' and dated July 2, 2021.
(3) Development of or modifications to guidance, policy,
professional military education, and doctrine to define and
standardize the gender advisor program with a focus on
incorporating the principles outlined in the plan of the
Department of Defense titled ``Women, Peace, and Security
Strategic Framework and Implementation Plan'' and dated June
2020, or any successor plan.
(4) Identification of training and education requirements
for members of the Armed Forces and civilian employees of the
Department of Defense, including general and flag officers and
members of the senior executive service, on the role of the
gender advisor workforce and the principles outlined in plan
referred to in paragraph (3), or any successor plan.
(5) The funds, resources, and authorities needed to
establish and develop the gender advisor role into a full-time,
billeted, and resourced position across organizations within
the Department of Defense, including the military departments,
the Armed Forces, the combatant commands, Defense Agencies, and
Department of Defense Field Activities.
(6) Developing and standardizing position descriptions of
the gender advisor workforce, including gender advisors and
gender focal points, across organizations within the
Department, including the military departments, the Armed
Forces, the combatant commands, Defense Agencies, and
Department of Defense Field Activities.
(7) An assessment and review of the Department's existing
training programs for gender advisors and gender focal points.
(8) Actions to adapt gender analysis (as defined in section
3 of the Women's Entrepreneurship and Economic Empowerment Act
(Public Law 115-428; 22 U.S.C. 2151-2)) to fit the needs of the
Department of Defense and to incorporate such analysis into the
work of gender advisors and other personnel identified as part
of the gender advisor workforce.
(9) The actions the Secretary will carry out to incorporate
the total amount of expenditures and proposed appropriations
necessary to support the program, projects, and activities of
the gender advisor workforce into the future years defense
program, as submitted to Congress under section 221 of title
10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report detailing the plan
developed under subsection (a) and the Secretary's progress in
implementing such plan.
(d) Briefing.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
appropriate congressional committees a briefing on the report under
subsection (c) detailing the plan developed under subsection (a) and
the Secretary's progress in implementing such plan.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Subtitle E--Other Sexual Assault-Related Matters
SEC. 541. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL HARASSMENT.
(a) In General.--Section 1561 of title 10, United States Code, is
amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent investigation
``(a) Action on Complaints Alleging Sexual Harassment.--A
commanding officer or officer in charge of a unit, vessel, facility, or
area of an armed force, who receives, from a member of the command or a
member under the supervision of the officer, a formal complaint
alleging sexual harassment by a member of the armed forces shall, as
soon as practicable after such receipt, forward the complaint to an
independent investigator.
``(b) Commencement of Investigation.--To the extent practicable, an
independent investigator shall commence an investigation of a formal
complaint of sexual harassment not later than 72 hours after--
``(1) receiving a formal complaint of sexual harassment
forwarded by a commanding officer or officer in charge under
subsection (a); or
``(2) receiving a formal complaint of sexual harassment
directly from a member of the armed forces.
``(c) Duration of Investigation.--To the extent practicable, an
investigation under subsection (b) shall be completed not later than 14
days after the date on which the investigation commences.
``(d) Report on Investigation.--
``(1) If the investigation cannot be completed within 14
days, not later than the 14th day after the investigation
commences, and every 14 days thereafter until the investigation
is complete, the independent investigator shall submit to the
officer described in subsection (a) a report on the progress
made in completing the investigation.
``(2) To the extent practicable, and as soon as practicable
upon completion of the investigation, the officer described in
subsection (a) shall notify the complainant of the final
results of the investigation, including any action taken, or
planned to be taken, as a result of the investigation.
``(e) Definitions.--In this section:
``(1) The term `formal complaint' means a complaint--
``(A) that an individual files in writing; and
``(B) in which the individual attests to the
accuracy of the information contained in the complaint.
``(2) The term `independent investigator' means a member of
the armed forces or a civilian employee of the Department of
Defense or the Coast Guard who--
``(A) is outside the chain of command of the
complainant and the subject of the investigation; and
``(B) is trained in the investigation of sexual
harassment, as determined by--
``(i) the Secretary concerned, in the case
of a member of the armed forces;
``(ii) the Secretary of Defense, in the
case of a civilian employee of the Department
of Defense; or
``(iii) the Secretary of Homeland Security,
in the case of a civilian employee of the Coast
Guard.
``(3) In this section, the term `sexual harassment' means
any of the following:
``(A) Conduct that--
``(i) involves unwelcome sexual advances,
requests for sexual favors, and deliberate or
repeated offensive comments or gestures of a
sexual nature when--
``(I) submission to such conduct is
made either explicitly or implicitly a
term or condition of a person's job,
pay, or career;
``(II) submission to or rejection
of such conduct by a person is used as
a basis for career or employment
decisions affecting that person; or
``(III) such conduct has the
purpose or effect of unreasonably
interfering with an individual's work
performance or creates an intimidating,
hostile, or offensive working
environment; and
``(ii) is so severe or pervasive that a
reasonable person would perceive, and the
victim does perceive, the environment as
hostile or offensive.
``(B) Any use or condonation, by any person in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career,
pay, or job of a member of the armed forces or a
civilian employee of the Department of Defense or the
Coast Guard.
``(C) Any deliberate or repeated unwelcome verbal
comment or gesture of a sexual nature by any member of
the armed forces or civilian employee of the Department
of Defense or the Coast Guard.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of title 10 United States Code is amended by striking the
item relating to section 1561 and inserting the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall--
(1) take effect on the date that is two years after the
date of the enactment of this Act; and
(2) apply to any investigation of a formal complaint of
sexual harassment (as those terms are defined in section 1561
of title 10, United States Code, as amended by subsection (a))
made on or after that date.
(d) Report on Implementation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall
submit to the appropriate congressional committees a report on
preparation of that Secretary to implement section 1561 of
title 10, United States Code, as amended by subsection (a).
(2) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
SEC. 542. MODIFICATION OF NOTICE TO VICTIMS OF PENDENCY OF FURTHER
ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION NOT TO
REFER TO TRIAL BY COURT-MARTIAL.
Section 549 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 806b note) is amended--
(1) in the section heading, by striking ``alleged sexual
assault'' and inserting ``alleged sex-related offense'';
(2) by striking ``Under regulations'' and inserting
``Notwithstanding section 552a of title 5, United States Code,
and under regulations'';
(3) by striking ``alleged sexual assault'' and inserting
``an alleged sex-related offense (as defined in section
1044e(h) of title 10, United States Code)''; and
(4) by adding at the end the following new sentence: ``Upon
such final determination, the commander shall notify the victim
of the type of action taken on such case, the outcome of the
action (including any punishments assigned or characterization
of service, as applicable), and such other information as the
commander determines to be relevant.''
SEC. 543. MODIFICATIONS TO ANNUAL REPORT REGARDING SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Elimination of Sunset and Inclusion of Demographic
Information.--
(1) In general.--Section 1631 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 1561 note) is amended--
(A) in subsection (a), by striking ``through March
1, 2021'' and inserting ``through March 1, 2026''; and
(B) in subsection (b)--
(i) in paragraph (3), by inserting ``the
race and ethnicity of the victim and accused,''
before ``the action''; and
(ii) in paragraph (13)(B), by inserting ``,
including the race and ethnicity of the victim
and accused'' before the period at the end.
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to reports required to be submitted
under section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 1561 note) after the date of the enactment of this Act.
(b) Additional Prevalence Data.--
(1) In general.--Paragraph (8) of section 1631(b) of the
Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 10 U.S.C. 1561 note) is amended to
read as follows:
``(8) An analysis and assessment of trends in the
incidence, disposition, and prosecution of sexual assaults by
units, commands and other competent authorities, and
installations during the year covered by the report, including
trends relating to--
``(A) the prosecution of incidents and avoidance of
incidents; and
``(B) the prevalence of incidents, set forth
separately for--
``(i) each installation with 5,000 or more
servicemembers;
``(ii) the major career fields of any
individuals involved in such incidents,
including the fields of combat arms, aviation,
logistics, maintenance, administration, and
medical; and
``(iii) in the case of the Navy, the
operational status (whether sea duty or shore
duty) of any individuals involved in such
incidents.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to reports required to be submitted
under section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 1561 note) after January 1, 2023.
SEC. 544. CIVILIAN POSITIONS TO SUPPORT SPECIAL VICTIMS' COUNSEL.
(a) Civilian Support Positions.--Each Secretary of a military
department may establish one or more civilian positions within each
office of the Special Victims' Counsel under the jurisdiction of such
Secretary.
(b) Duties.--The duties of each position under subsection (a) shall
be--
(1) to provide support to Special Victims' Counsel,
including legal, paralegal, and administrative support; and
(2) to ensure the continuity of legal services and the
preservation institutional knowledge in the provision of victim
legal services notwithstanding transitions in the military
personnel assigned to offices of the Special Victims' Counsel.
(c) Special Victims' Counsel Defined.--In this section, the term
``Special Victims' Counsel'' means Special Victims' Counsel described
in section 1044e of title 10, United States Code, and in the case of
the Navy and Marine Corps, includes counsel designated as ``Victims'
Legal Counsel''.
SEC. 545. FEASIBILITY STUDY ON ESTABLISHMENT OF CLEARINGHOUSE OF
EVIDENCE-BASED PRACTICES TO PREVENT SEXUAL ASSAULT,
SUICIDE, AND OTHER HARMFUL BEHAVIORS AMONG MEMBERS OF THE
ARMED FORCES AND MILITARY FAMILIES.
(a) Study.--The Secretary of Defense shall study the feasibility of
establishing a single, centralized clearinghouse of evidence-based
practices to support the health and well-being of members of the Armed
Forces and military families. and reduce harmful behaviors, through the
following activities:
(1) Establishment evidentiary standards to provide a common
frame of reference for assessing the strength of research
evidence.
(2) In consultation with nondepartmental experts,
identification of health and well-being domains of interest,
including the prevention of--
(A) sexual assault;
(B) harassment;
(C) substance abuse;
(D) workplace violence; and
(E) suicide.
(3) Provision of practical guidance about the effectiveness
of evidence-based practices, including how they can be
implemented and steps for monitoring implementation and changes
in behavior.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing the results of the
feasibility study under subsection (a) and related recommendations of
the Secretary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 546. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF
THE ARMY NATIONAL GUARD AND THE AIR NATIONAL GUARD.
(a) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and on an annual basis thereafter, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report regarding sexual
assaults involving members of the Army National Guard and the Air
National Guard.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) The number of sexual assaults committed against members
of the Army National Guard and the Air National Guard that were
reported to military officials during the year covered by the
report, and the number of cases that were substantiated.
(2) The number of sexual assaults committed by members of
the Army National Guard or the Air National Guard that were
reported to military officials during the year covered by the
report, and the number of the cases so reported that were
substantiated.
(3) A synopsis of each such substantiated case, organized
by offense, and, for each such case, the action taken in the
case, including the type of disciplinary or administrative
sanction imposed, if any, including courts-martial sentences,
nonjudicial punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice), and
administrative separations.
(4) The policies, procedures, and processes implemented by
the Chief of the National Guard Bureau during the year covered
by the report in response to incidents of sexual assault
involving members of the Army National Guard or the Air
National Guard.
(c) Presentation of Certain Information.--The information required
under paragraphs (1) and (2) of subsection (b) shall be set forth
separately for each such paragraph and may not be combined.
(d) Consultation.--In preparing each report under subsection (a),
the Secretary of Defense shall consult with--
(1) Under Secretary of Defense for Personnel and Readiness;
(2) the Chief of the National Guard Bureau; and
(3) the heads of such other organizations and elements of
the Department of Defense as the Secretary determines
appropriate.
Subtitle F--Member Education, Training, and Transition
SEC. 551. TRAINING ON CONSEQUENCES OF COMMITTING A CRIME IN
PRESEPARATION COUNSELING OF THE TRANSITION ASSISTANCE
PROGRAM.
(a) Establishment.--Subsection (b) of section 1142 of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(20) Training regarding the consequences to such a member
who is convicted of a crime, specifically regarding the loss of
benefits from the Federal Government to such member.''.
(b) Implementation Date.--The Secretary concerned shall carry out
paragraph (20) of such subsection, as added by subsection (a), not
later than one year after the date of the enactment of this Act.
(c) Development.--The Secretary of Defense shall develop the
training under such paragraph.
(d) Progress Briefing.--Not later than 180 days of the enactment of
this Act, the Secretary of Defense shall provide a briefing to the
Committees on Armed Services of the Senate and House of Representatives
regarding progress of the Secretary in preparing the training under
such paragraph.
SEC. 552. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``Disability'' and
inserting ``Potential or confirmed medical discharge of the
member'';
(2) in subparagraph (F), by striking ``Character'' and all
that follows and inserting ``Potential or confirmed involuntary
separation of the member.'';
(3) by redesignating subparagraph (M) as subparagraph (R);
and
(4) by inserting after subparagraph (L) the following:
``(M) Child care requirements of the member (including
whether a dependent of the member is enrolled in the
Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family while
on duty).
``(P) The effects of operating tempo and personnel tempo on
the member and the household of the member.
``(Q) Whether the member is an Indian or urban Indian, as
those terms are defined in section 4 of the Indian Health Care
Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''.
SEC. 553. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES IN THE SKILLBRIDGE PROGRAM.
Section 1143(e)(2) of title 10, United States Code, is amended to
read as follows:
``(2) A member of the armed forces is eligible for a program under
this subsection if--
``(A) the member--
``(i) has completed at least 180 days on active
duty in the armed forces; and
``(ii) is expected to be discharged or released
from active duty in the armed forces within 180 days of
the date of commencement of participation in such a
program; or
``(B) the member is a member of a reserve component.''.
SEC. 554. EXPANSION AND CODIFICATION OF MATTERS COVERED BY DIVERSITY
TRAINING IN THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by inserting before section 2002 the following new section:
``Sec. 2001. Human relations, diversity, equity, and inclusion training
``(a) Human Relations, Diversity, Equity, and Inclusion Training.--
``(1) The Secretary shall ensure that the Secretary of a
military department conducts ongoing training programs
regarding human relations, diversity, equity, and inclusion for
all covered individuals under the jurisdiction of the Secretary
of a military department. Such training shall be tailored to
specific leadership levels and local area requirements.
``(2) Matters to be covered by such training include the
following:
``(A) Racism.
``(B) Discrimination on the basis of sex (including
pregnancy, status as a nursing mother, sexual
orientation, and gender identity).
``(C) Discrimination on the basis of age.
``(D) Discrimination on the basis of religion.
``(E) Discrimination on the basis of national
origin.
``(F) Discrimination on the basis of color.
``(G) Discrimination on the basis of parental
status.
``(H) Conscious and unconscious bias.
``(I) Discrimination based on disability, both
physical and mental.
``(J) Failure to provide a reasonable
accommodation.
``(K) Whistleblowers and information regarding how
to file an equal opportunity complaint.
``(L) Reprisal.
``(M) Harassment and hostile environment.
``(N) Procedures for reporting and obtaining relief
for discrimination, retaliation, hostile work
environment with respect to each component of the
workforce.
``(O) Procedures for appealing Equal Opportunity
and Equal Employment Opportunity complaints with
respect to each component of the workforce.
``(P) Any other matter the Secretary of Defense
determines appropriate.
``(3) Such training shall be provided during the following:
``(A) Initial entry training.
``(B) Annual refresher training.
``(C) Professional military education.
``(D) Peer education.
``(E) Specialized leadership training.
``(F) Any other time the Secretary of Defense
determines appropriate.
``(4) The Secretary of Defense shall ensure that such
measures are taken to provide appropriate metrics and
measurement of these efforts.
``(5) The Secretary of Defense shall ensure that unit
commanders are aware of their responsibility to ensure that
activity based upon discriminatory motives does not occur in
units under their command.
``(b) Information Provided to Prospective Recruits.--The Secretary
of Defense shall ensure that a covered individual preparing to enter an
officer accession program or to execute an original enlistment
agreement or serve as a civilian employee--
``(1) is provided information concerning the meaning of the
oath of office or oath of enlistment for service in the armed
forces, including conduct expected under such oath; and
``(2) is informed that if supporting such guarantees is not
possible personally for that covered individual, then that
covered individual should decline to join the Armed Forces.
``(c) Covered Individual Defined.--In this section, the term
`covered individual' includes--
``(1) a member of the Armed Forces;
``(2) a civilian employee of the Department; and
``(3) a contractor or sub-contractor providing support to
the Department.''.
(b) Technical and Conforming Amendments.--
(1) Technical amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 2002 the following new item:
``2001. Human relations, diversity, equity, and inclusion training.''.
(2) Conforming amendment.--Section 571 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 10 U.S.C. 113 note) is repealed.
SEC. 555. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM.
(a) Expansion of JROTC Curriculum.--Paragraph (3) of section
2031(b) of title 10, United States Code, is amended to read as follows:
``(3) the institution provides a course of military
instruction of not less than three academic years' duration, as
prescribed by the Secretary of the military department
concerned--
``(A) which shall include an introduction to
service opportunities in military, national, and public
service; and
``(B) which may include instruction or activities
in the fields of science, technology, engineering, and
mathematics;''.
(b) Plan to Increase Number of JROTC Units.--The Secretary of
Defense may, in consultation with the Secretaries of the military
departments, develop and implement a plan to establish and support not
fewer than 6,000 units of the Junior Reserve Officers' Training Corps
by September 30, 2031.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the status of the Junior Reserve Officers'
Training Corps programs of each Armed Force. The report shall include--
(1) an assessment of the current usage of the program,
including the number of individuals enrolled in the program,
the demographic information of individuals enrolled in the
program, and the number of units established under the program;
(2) a description of the efforts of the Armed Forces to
meet current enrollment targets for the program;
(3) an explanation of the reasons such enrollment targets
have not been met, if applicable;
(4) a description of any obstacles preventing the Armed
Forces from meeting such enrollment targets;
(5) a comparison of the potential benefits and drawbacks of
expanding the program; and
(6) a description of program-wide diversity and inclusion
recruitment and retention efforts.
SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of title
10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the Defense
Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 108 of title 10, United States Code, is amended by striking the
item relating to section 2168 and inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign
language.''.
SEC. 557. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY
SERVICE ACADEMIES IN THE EVENT OF THE DEATH, RESIGNATION,
OR EXPULSION FROM OFFICE OF A MEMBER OF CONGRESS.
(a) United States Military Academy.--
(1) In general.--Chapter 753 of title 10, United States
Code, is amended by inserting after section 7442 the following
new section:
``Sec. 7442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate
``(a) Senators.--In the event a Senator does not submit nominations
for cadets for an academic year in accordance with section 7442(a)(3)
of this title due to death, resignation from office, or expulsion from
office and the date of the swearing-in of the Senator's successor as
Senator occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations for
cadets otherwise authorized to be made by the Senator pursuant to such
section shall be made instead by the other Senator from the State
concerned.
``(b) Representatives.--In the event a Representative from a State
does not submit nominations for cadets for an academic year in
accordance with section 7442(a)(4) of this title due to death,
resignation from office, or expulsion from office and the date of the
swearing-in of the Representative's successor as Representative occurs
after the date of the deadline for submittal of nominations for cadets
for the academic year, the nominations for cadets otherwise authorized
to be made by the Representative pursuant to such section shall be made
instead by the Senators from the State from the district of the
Representative, with such nominations divided equally among such
Senators and any remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets made by
a Senator pursuant to this section is in addition to any nomination for
cadets otherwise authorized the Senator under section 7442 of this
title or any other provision of law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 753 of such title is amended by inserting
after the item relating to section 7442 the following new item:
``7442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress
otherwise authorized to nominate.''.
(b) United States Naval Academy.--
(1) In general.--Chapter 853 of title 10, United States
Code, is amended by inserting after section 8454 the following
new section:
``Sec. 8454a. Midshipmen: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate
``(a) Senators.--In the event a Senator does not submit nominations
for midshipmen for an academic year in accordance with section
8454(a)(3) of this title due to death, resignation from office, or
expulsion from office and the date of the swearing-in of the Senator's
successor as Senator occurs after the date of the deadline for
submittal of nominations for midshipmen for the academic year, the
nominations for midshipmen otherwise authorized to be made by the
Senator pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from a State
does not submit nominations for midshipmen for an academic year in
accordance with section 8454(a)(4) of this title due to death,
resignation from office, or expulsion from office and the date of the
swearing-in of the Representative's successor as Representative occurs
after the date of the deadline for submittal of nominations for
midshipmen for the academic year, the nominations for midshipmen
otherwise authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State from the
district of the Representative, with such nominations divided equally
among such Senators and any remainder going to the senior Senator from
the State.
``(c) Construction of Authority.--Any nomination for midshipmen
made by a Senator pursuant to this section is in addition to any
nomination for midshipmen otherwise authorized the Senator under
section 8454 of this title or any other provision of law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 853 of such title is amended by inserting
after the item relating to section 8454 the following new item:
``8454a. Midshipmen: nomination in event of death, resignation, or
expulsion from office of member of Congress
otherwise authorized to nominate.''.
(c) Air Force Academy.--
(1) In general.--Chapter 953 of title 10, United States
Code, is amended by inserting after section 9442 the following
new section:
``Sec. 9442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate
``(a) Senators.--In the event a Senator does not submit nominations
for cadets for an academic year in accordance with section 9442(a)(3)
of this title due to death, resignation from office, or expulsion from
office and the date of the swearing-in of the Senator's successor as
Senator occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations for
cadets otherwise authorized to be made by the Senator pursuant to such
section shall be made instead by the other Senator from the State
concerned.
``(b) Representatives.--In the event a Representative from a State
does not submit nominations for cadets for an academic year in
accordance with section 9442(a)(4) of this title due to death,
resignation from office, or expulsion from office and the date of the
swearing-in of the Representative's successor as Representative occurs
after the date of the deadline for submittal of nominations for cadets
for the academic year, the nominations for cadets otherwise authorized
to be made by the Representative pursuant to such section shall be made
instead by the Senators from the State from the district of the
Representative, with such nominations divided equally among such
Senators and any remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets made by
a Senator pursuant to this section is in addition to any nomination of
cadets otherwise authorized the Senator under section 9442 of this
title or any other provision of law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 953 of such title is amended by inserting
after the item relating to section 9442 the following new item:
``9442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress
otherwise authorized to nominate.''.
(d) Report.--Not later than September 30, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding implementation of the
amendments under this section, including--
(1) the estimate of the Secretary regarding the frequency
with which the authorities under such amendments will be used
each year; and
(2) the number of times a Member of Congress has failed to
submit nominations to the military academies due to death,
resignation from office, or expulsion from office.
SEC. 558. VOTES REQUIRED TO CALL A MEETING OF THE BOARD OF VISITORS OF
A MILITARY SERVICE ACADEMY.
(a) United States Military Academy.--Section 7455 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i) A majority of the members of the Board may call an official
meeting of the Board at any time.''.
(b) United States Naval Academy.--Section 8468 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(i) A majority of the members of the Board may call an official
meeting of the Board at any time.''.
(c) United States Air Force Academy.--Section 9455 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i) A majority of the members of the Board may call an official
meeting of the Board at any time.''.
SEC. 559. UNITED STATES NAVAL COMMUNITY COLLEGE.
(a) Establishment.--Chapter 859 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8595. United States Naval Community College: establishment and
degree granting authority
``(a) Establishment and Function.--There is a United States Naval
Community College. The primary function of such College shall be to
provide--
``(1) programs of academic instruction and professional and
technical education for individuals described in subsection (b)
in--
``(A) academic and technical fields of the liberal
arts and sciences which are relevant to the current and
future needs of the Navy and Marine Corps, including in
designated fields of national and economic importance
such as cybersecurity, artificial intelligence, machine
learning, data science, and software engineering; and
``(B) their practical duties;
``(2) remedial, developmental, or continuing education
programs, as prescribed by the Secretary of the Navy, which are
necessary to support, maintain, or extend programs under
paragraph (1);
``(3) support and advisement services for individuals
pursuing such programs; and
``(4) continuous monitoring of the progress of such
individuals.
``(b) Individuals Eligible for Programs.--Subject to such other
eligibility requirements as the Secretary of the Navy may prescribe,
the following individuals are eligible to participate in programs and
services under subsection (a):
``(1) Enlisted members of the Navy and Marine Corps.
``(2) Officers of the Navy and Marine Corps who hold a
commission but have not completed a postsecondary degree.
``(3) Civilian employees of the Department of the Navy.
``(4) Other individuals, as determined by the Secretary of
the Navy, so long as access to programs and services under
subsection (a) by such individuals is--
``(A) in alignment with the mission of the United
States Naval Community College; and
``(B) determined to support the mission or needs of
the Department of the Navy.
``(c) Degree and Credential Granting Authority.--
``(1) In general.--Under regulations prescribed by the
Secretary of the Navy, the head of the United States Naval
Community College may, upon the recommendation of the directors
and faculty of the College, confer appropriate degrees or
academic credentials upon graduates who meet the degree or
credential requirements.
``(2) Limitation.--A degree or credential may not be
conferred under this subsection unless--
``(A) the Secretary of Education has recommended
approval of the degree or credential in accordance with
the Federal Policy Governing Granting of Academic
Degrees by Federal Agencies; and
``(B) the United States Naval Community College is
accredited by the appropriate civilian academic
accrediting agency or organization to award the degree
or credential, as determined by the Secretary of
Education.
``(3) Congressional notification requirements.--
``(A) When seeking to establish degree or
credential granting authority under this subsection,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of
Representatives--
``(i) a copy of the self assessment
questionnaire required by the Federal Policy
Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is
submitted to the Department of Education's
National Advisory Committee on Institutional
Quality and Integrity; and
``(ii) the subsequent recommendations and
rationale of the Secretary of Education
regarding the establishment of the degree or
credential granting authority.
``(B) Upon any modification or redesignation of
existing degree or credential granting authority, the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of
Representatives a report containing the rationale for
the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education
on the proposed modification or redesignation.
``(C) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of
any action by the appropriate academic accrediting
agency or organization not to accredit the United
States Naval Community College to award any new or
existing degree or credential.
``(d) Civilian Faulty Members.--
``(1) Authority of secretary.--The Secretary of the Navy
may employ as many civilians as professors, instructors, and
lecturers at the United States Naval Community College as the
Secretary considers necessary.
``(2) Compensation.--The compensation of persons employed
under this subsection shall be prescribed by the Secretary of
the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 859 of title 10, United States Code, is amended by adding at
the end the following new item:
``8595. United States Naval Community College: establishment and degree
granting authority.''.
SEC. 559A. CODIFICATION OF ESTABLISHMENT OF UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY.
(a) In General.--Chapter 951 of title 10, United States Code, is
amended by inserting before section 9414 the following new section:
``Sec. 9413. United States Air Force Institute of Technology:
establishment
``There is in the Department of the Air Force a United States Air
Force Institute of Technology, the purposes of which are to perform
research and to provide, to members of the Air Force and Space Force
(including the reserve components) and civilian employees of such
Department, advanced instruction and technical education regarding
their duties.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting, before the item relating to
section 9414, the following new item:
``9413. United States Air Force Institute of Technology:
establishment.''.
SEC. 559B. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Clarification Regarding Definition of Rights and Benefits.--
Section 4303(2) of title 38, United States Code, is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans for
Agreements.--Section 4302 of such title is amended by adding at the end
the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to arbitrate
a claim under this chapter is unenforceable, unless all parties consent
to arbitration after a complaint on the specific claim has been filed
in court or with the Merit Systems Protection Board and all parties
knowingly and voluntarily consent to have that particular claim
subjected to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to arbitrate an
action, complaint, or claim alleging a violation of this chapter as a
condition of future or continued employment, advancement in employment,
or receipt of any right or benefit of employment.''.
SEC. 559C. CLARIFICATION AND EXPANSION OF PROHIBITION ON GENDER-
SEGREGATED TRAINING IN THE MARINE CORPS.
Section 565 of the National Defense Authorization Act for Fiscal
Year 2020 (10 U.S.C. 8431 note prec.) is amended--
(1) in the heading, by inserting ``and officer candidates
school'' after ``depots'';
(2) in subsection (a)(1)--
(A) by striking ``training'' and inserting ``no
training platoon''; and
(B) by striking ``not'';
(3) in subsection (b)(1)--
(A) by striking ``training'' and inserting ``no
training platoon''; and
(B) by striking ``not''; and
(4) by adding at the end the following new subsections:
``(c) New Location.--No training platoon at a Marine Corps recruit
depot established after the date of the enactment of this Act may be
segregated based on gender.
``(d) Officer Candidates School.--
``(1) Prohibition.--Subject to paragraph (2), training at
Officer Candidates School, Quantico, Virginia, may not be
segregated based on gender.
``(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than five years after the
date of the enactment of this Act.''.
SEC. 559D. REQUIREMENT TO ISSUE REGULATIONS ENSURING CERTAIN PARENTAL
GUARDIANSHIP RIGHTS OF CADETS AND MIDSHIPMEN.
(a) Regulations Required.--
(1) In general.--Each Secretary concerned shall prescribe
by regulation policies ensuring that the parental guardianship
rights of cadets and midshipmen are protected consistent with
individual and academic responsibilities.
(2) Protection of parental guardianship rights.--The
regulations prescribed under paragraph (1) shall provide that--
(A) a cadet or midshipman of a covered service
academy may not be required to give up such cadet or
midshipman's parental guardianship rights in the event
of a pregnancy occurring after the beginning of such
cadet or midshipman's first day of academic courses;
(B) except as provided under paragraph (3), a
covered service academy may not involuntarily dis-
enroll a cadet or midshipman who becomes pregnant or
fathers a child while enrolled at such academy after
the first day of academic courses; and
(C) a cadet or midshipman who becomes pregnant or
fathers a child while enrolled at a covered service
academy shall be allowed to take leave for up to one
year and return to the academy to resume classes
afterward.
(3) Responsibilities of parents enrolled at covered service
academies.--The regulations prescribed under paragraph (1)
shall require cadets and midshipmen with dependents to
establish a family care plan in consultation with and approved
by appropriate academy leadership. The family care plan shall--
(A) designate a full-time care provider, such as
another parent or guardian of the dependent or a family
member of the cadet or midshipman, who shall--
(i) be responsible for the dependent;
(ii) not be enrolled at a covered service
academy; and
(iii) have either full power-of-attorney or
guardianship rights in order to prevent
situations where such cadet or midshipman is
pulled away from such cadet or midshipman's
duties and responsibilities at the covered
service academy;
(B) ensure that such cadet or midshipman--
(i) does not rely on base facilities or
child-care services and is able to function as
any other cadet or midshipman, including
residing in covered service academy
dormitories;
(ii) except as provided under paragraphs
(4) and (5)(B)(i), does not receive additional
compensation benefits or concessions from the
covered service academy on account of having a
dependent, including money, leave, or liberty;
(iii) is not be excused on account of such
dependent from standard classes, training,
traveling, fitness requirements, or any other
responsibilities inherent to attending a
covered service academy; and
(C) ensure, that if both parents of a dependent are
cadets or midshipmen at a covered service academy, the
parents shall agree on the family care plan or face
expulsion (with no incurred obligations).
(4) Options for pregnant cadets and midshipmen.--The
regulations prescribed under paragraph (1) shall provide that
females becoming pregnant while enrolled at a covered service
academy shall have, at a minimum, the following options:
(A) At the conclusion of the current semester or
when otherwise deemed medically appropriate, taking
leave from the covered service academy for up to one
year followed by a return to full cadet or midshipman
status.
(B) Seek a transfer to a university with a Reserve
Officers' Training Corps for the Armed Force under the
military department concerned.
(C) Full release from the covered service academy
and any related obligations.
(D) Enlistment in active-duty service, with all of
the attendant benefits.
(5) Treatment of males fathering a child while enrolled at
covered service academies.--The regulations prescribed under
paragraph (1) shall provide that males fathering a child while
enrolled at a covered service academy--
(A) shall not be required to give up parental
rights; and
(B) shall not acquire any benefits or leave
considerations as a result of fathering a child, except
that--
(i) academy leadership shall establish
policies to allow cadets and midshipmen at
least one week of leave to attend the birth of
such child, which must be used in conjunction
with the birth; and
(ii) in the event the male father becomes
the sole financial provider for a dependent,
the academy shall provide the father the same
options available to a cadet or midshipman who
becomes a mother while enrolled, including
remaining enrolled in accordance with a family
care plan established pursuant to paragraph (3)
or selecting one of the options specified in
subparagraphs (B) and (C) of paragraph (4).
(6) Rule of construction.--Nothing in this section shall be
construed as requiring or providing for the changing of
admission requirements at any of the covered service academies.
(b) Definitions.--In this section:
(1) The term ``covered service academy'' means the
following:
(A) The United States Military Academy, West Point,
New York.
(B) The United States Naval Academy, Annapolis,
Maryland.
(C) The United States Air Force Academy, Colorado
Springs, Colorado.
(D) The United States Coast Guard Academy, New
London, Connecticut.
(E) The United States Merchant Marine Academy,
Kings Point, New York.
(2) The term ``Secretary concerned'' means--
(A) with respect to the United States Military
Academy, the United States Naval Academy, and the
United States Air Force Academy, the Secretary of
Defense, in consultation with the Secretaries of the
military departments and the Superintendent of each
such academy;
(B) with respect to the United States Coast Guard
Academy, the Secretary of Homeland Security, in
consultation with the Commandant of the Coast Guard and
the Superintendent of the Coast Guard Academy; and
(C) with respect to the United States Merchant
Marine Academy, the Secretary of Transportation, in
consultation with the Administrator of the Maritime
Administration and the Superintendent of the Merchant
Marine Academy.
SEC. 559E. DEFENSE LANGUAGE CONTINUING EDUCATION PROGRAM.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall coordinate with the Director of the Defense
Intelligence Agency to designate an executive agent for commercially
available advanced foreign language training to meet operational
readiness requirements of the Department of Defense.
(b) Elements.--The executive agent designated in subsection (a)
shall be responsible for the following:
(1) Developing policies, procedures, and curricula to allow
for continuing language training when linguists transition to
operational environments from education or training
environments, such as the Defense Language Institute, the
Defense Language and National Security Education Office, or
service-based training.
(2) Identifying the resourcing requirements necessary for
each armed force to have access to the following foreign
language training elements:
(A) A foreign language and current culture training
and maintenance virtual immersion program covering
strategic languages (as designated by the Federal
Government), with a range of multimedia materials
including--
(i) current and authentic copyrighted
multimedia content (video, audio, print, etc.),
in multiple genres, that have been cleared for
legal use;
(ii) foreign-originated newscasts and
interviews with foreign speakers; and
(iii) any other content determined by the
executive agent to be necessary for personnel
to acquire proper vocabulary, phraseology, and
enhanced understanding of the nuances
associated with foreign cultures.
(B) Anytime accessibility, both on-line and via
mobile device.
(C) Training programs with success proven by
previous partnerships with academic institutions in the
United States or other departments and agencies of the
Federal Government.
(c) Reimbursement Authority.--Not later than 180 days after the
date of the enactment of this Act, the executive agent, in coordination
with the chief of each covered Armed Force, shall establish a procedure
through which the Armed Force shall reimburse any organization of the
Department of Defense that provides instruction under this section to
members of that Armed Force for the costs of such instruction.
(d) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the Army, Navy, Air Force, Marine Corps,
and Space Force.
SEC. 559F. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE PROFESSIONAL MILITARY
EDUCATION.
(a) Establishment.--The Secretary of Defense, acting through the
Chairman of the Joint Chiefs of Staff and in consultation with the
Under Secretary of Defense for Personnel and Readiness, may establish
and maintain a public-private consortium (referred to in this section
as the ``Consortium'') to improve and broaden professional military
education for military officers and civilian employees of the Federal
Government.
(b) Directors.--
(1) In general.--The President of the National Defense
University and the head of a civilian institution of higher
education appointed in accordance with paragraph (3) shall
serve as co-directors of the Consortium.
(2) Responsibilities of co-directors.--The co-directors
shall be responsible for--
(A) the administration and management of the
Consortium; and
(B) developing a common curriculum for professional
military education using input received from members of
the Consortium.
(3) Appointment of co-director from civilian institution.--
Not later than June 1, 2022, the Secretary of Defense shall
appoint an individual who is the President or Chancellor of a
civilian institution of higher education to serve as co-
director of the Consortium as described in paragraph (1).
(4) Term of co-director.--The co-director appointed under
paragraph (3) shall serve an initial term of five years. The
Secretary of Defense may reappoint such co-director for one or
more additional terms of not more than five years, as the
Secretary determines appropriate.
(5) Authority.--In the event that a conflict arises between
co-directors of the Consortium, the conflict shall be resolved
by the Director for Joint Force Development of the Joint Chiefs
of Staff (J-7).
(c) Activities of Consortium.--The Consortium shall carry out the
following activities:
(1) Bring the military education system (including military
service academies, institutions that provide professional
military education, and other institutions the provide military
education) together with a broad group of civilian institutions
of higher education, policy research institutes, and the
commercial sector to develop and continually update a research-
based curriculum to prepare early career, mid-career, and
senior military officers and civilian employees of the Federal
Government to succeed in an era that will be predominantly
defined by great power competition and in which security
challenges will transcend the traditional areas of defense
expertise, becoming more complex and inter-related than before,
with disruptions that will manifest rapidly and with little
warning.
(2) Train military officers and civilian educators serving
in the joint professional military education system to
implement the curriculum developed under paragraph (2) at the
institutions they serve.
(3) On a regular basis, make recommendations to the
Secretary about how the joint professional military education
system should be modified to meet the challenges of apparent or
possible future defense, national security, and international
environments.
(d) Members.--The Consortium shall be composed of representatives
selected by the Secretary of Defense from the following organizations:
(1) Organizations within the joint professional military
education system.
(2) Military service academies.
(3) Other institutions of the Federal Government that
provide military education.
(4) Civilian institutions of higher education.
(5) Private sector and government policy research
institutes.
(6) Organizations in the commercial sector, including
organizations from the industrial, finance, and technology
sectors.
(e) Annual Report.--Not later than September 30, 2023, and annually
thereafter, the co-directors of the Consortium shall submit to the
Secretary of Defense and the appropriate congressional committees a
report that describes the activities carried out by the Consortium
during the preceding year.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) the Committee on Armed Services and the
Committee on the Environment and Public Works of the
Senate.
(2) The term ``civilian institution of higher education''
means an institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that
is not owned or controlled by the Federal Government.
SEC. 559G. STANDARDS FOR TRAINING OF SURFACE WARFARE OFFICERS AND
ENLISTED MEMBERS.
(a) Establishment.--Not later than September 30, 2022, the
Secretary of the Navy shall establish standards and procedures (subject
to subsection (b)) by which a Navy surface warfare officer or enlisted
member of the Navy who serves in a bridge or engine department may be
issued a merchant mariner credential in accordance with part E of
subtitle II of title 46, United States Code, including--
(1) a merchant mariner credential with a national officer
endorsement under section 10.109(a) of title 46, Code Federal
Regulations, as in effect on the date of the enactment of this
Act;
(2) a national rating endorsement under subsection (b) or
(c) of section 10.109 of such title; or
(3) a Standards of Training, Certification, and
Watchkeeping endorsement under section 10.109 (d) of such
title.
(b) Stringency.--In no case shall the standards described in
subsection (a) be less stringent than the standards applied by the
Army, Military Sealift Command, or Coast Guard vessel operators.
(c) Report.--Upon establishment under subsection (a), the Secretary
of the Navy shall submit to the appropriate congressional committees a
report that updates the military-to-mariner transition provided in
response to section 568 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) that includes--
(1) a description of the how the training program for
surface warfare officers exceeds the minimum requirements for a
merchant mariner credential with an appropriate endorsement--
(A) meets the requirements for a merchant mariner
credential with an appropriate endorsement; and
(B) exceeds such requirements;
(2) a list of the proposed naval curriculum courses that
have been submitted to the National Maritime Center for course
credentialing approval; and
(3) a timeline for--
(A) all personnel described in subsection (b)(1) to
be qualified to be issued merchant mariner credentials
with national officer and ratings endorsements; and
(B) 50 percent of such personnel to receive such
credential with Standards of Training, Certification,
and Watchkeeping endorsement.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees (as that term is
defined in section 101 of title 10, United States Code).
(2) The Committee on Transportation and Infrastructure of
the House of Representatives.
(3) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 559H. PROFESSIONAL MILITARY EDUCATION: REPORT; DEFINITION.
(a) Report.--
(1) In general.--Not later than July 1, 2022, the Secretary
of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review and assessment of
the definition of professional military education in the
Department of Defense and the military departments as specified
in subsection (c).
(2) Elements.--The report under this subsection shall
include the following elements:
(A) A consolidated summary of all definitions of
the term ``professional military education'' used in
the Department of Defense and the military departments.
(B) A description of how such term is used in the
Department of Defense in educational institutions,
associated schools, programs, think tanks, research
centers, and support activities.
(C) An analysis of how such term--
(i) applies to tactical, operational, and
strategic settings; and
(ii) is linked to mission requirements.
(D) An analysis of how professional military
education has been applied and linked through all
levels of Department of Defense education and training.
(E) The applicability of professional military
education to the domains of warfare, including land,
air, sea, space, and cyber.
(F) With regards to online and virtual learning in
professional military education--
(i) an analysis of the use of such
learning; and
(ii) student satisfaction in comparison to
traditional classroom learning.
(b) Definition.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff and the Secretaries of the
military departments, using the report under subsection (a), shall
standardize the definition of ``professional military education''
across the military departments and the Department of Defense.
SEC. 559I. STUDY ON TRAINING AND EDUCATION OF MEMBERS OF THE ARMED
FORCES REGARDING SOCIAL REFORM AND UNHEALTHY BEHAVIORS.
(a) Study.--Not later than April 1, 2022, the Secretary of Defense,
in consultation with the Secretaries of the military departments, shall
conduct a study on training and courses of education offered to covered
members regarding--
(1) sexual assault;
(2) sexual harassment;
(3) extremism;
(4) domestic violence;
(5) diversity, equity, and inclusion;
(6) military equal opportunity;
(7) suicide prevention; and
(8) substance abuse.
(b) Elements.--The study under subsection (a) shall identify, with
regard to each training or course of education, the following:
(1) Sponsor.
(2) Location.
(3) Method.
(4) Frequency.
(5) Number of covered members who have participated.
(6) Legislation, regulation, instruction, or guidance that
requires such training or course (if applicable).
(7) Metrics of--
(A) performance;
(B) effectiveness; and
(C) data collection.
(8) Responsibilities of the Secretary of Defense or
Secretary of a military department to--
(A) communicate with non-departmental entities;
(B) process feedback from trainers, trainees, and
such entities;
(C) connect such training or course to tactical,
operational, and strategic goals; and
(D) connect such training or course to other
training regarding social reform and unhealthy
behavior.
(9) Analyses of--
(A) whether the metrics described in paragraph (7)
are standardized across the military departments;
(B) mechanisms used to engage non-departmental
entities to assist in the development of such training
or courses;
(C) incentives used to ensure the effectiveness of
such training or courses;
(D) how each training or courses is intended to
change behavior; and
(E) costs of such training and courses.
(10) Recommendations of the Secretary of Defense to improve
such training or courses, including the estimated costs to
implement such improvements.
(11) Any other information the Secretary of Defense
determines relevant.
(c) Report.--Not later than July 1, 2022, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the results of the study under
this section.
(d) Covered Member Defined.--In this section, the term ``covered
member'' means a member of an Armed Force under the jurisdiction of the
Secretary of a military department.
SEC. 559J. NOTICE PROGRAM RELATING TO OPTIONS FOR NATURALIZATION.
(a) Upon Enlistment.--Every military recruiter or officer
overseeing an enlistment shall provide to every recruit proper notice
of that recruit's options for naturalization under title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), and shall
inform the recruit of existing programs or services that may aid in the
recruit's naturalization process, including directing the recruit to
the Judge Advocate General or other designated point-of-contact for
naturalization.
(b) Upon Discharge.--The Secretary of Homeland Security, acting
through the Director of U.S. Citizenship and Immigration Services, and
in coordination with the Secretary of Defense, shall provide to every
former member of the Armed Forces, upon separation from the Armed
Forces, an adequate notice of that former member's options for
naturalization under title III of the Immigration and Nationality Act
(8 U.S.C. 1401 et seq.), and shall inform the former member of existing
programs and services that may aid in the naturalization process. The
Secretary shall issue along with this notice a copy of each form
required for naturalization. When appropriate, the Secretary of Defense
shall provide the former member, at no expense to the former member,
with the certification described in section 329(b)(3) of such Act (8
U.S.C. 1440(b)(3)).
SEC. 559K. PILOT PROGRAM ON ACTIVITIES UNDER THE TRANSITION ASSISTANCE
PROGRAM FOR A REDUCTION IN SUICIDE AMONG VETERANS.
(a) Pilot Program Required.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly carry out a pilot program
to assess the feasibility and advisability of providing the module
described in subsection (b) and the services described in subsection
(c) as part of the Transition Assistance Program for members of the
Armed Forces participating in the Transition Assistance Program as a
means of reducing the incidence of suicide among veterans.
(b) Module.--The module described in this subsection is a three-
hour module under the Transition Assistance Program for each member of
the Armed Forces participating in the pilot program that includes the
following:
(1) An in-person meeting between the cohort of the member
and a social worker or mental health provider in which the
social worker or mental health provider--
(A) counsels the cohort on specific potential risks
confronting members after discharge or release from the
Armed Forces, including loss of community or a support
system, isolation from family, friends, or society,
identity crisis in the transition from military to
civilian life, vulnerability viewed as a weakness, need
for empathy, self-medication and addiction, importance
of sleep and exercise, homelessness, and reasons why
veterans attempt and complete suicide;
(B) in coordination with the Department of Defense
InTransition program, counsels members of the cohort
who have been diagnosed with physical, psychological,
or neurological issues, such as post-traumatic stress
disorder, traumatic brain injury, adverse childhood
experiences, depression, and bipolar disorder, on--
(i) the potential risks for such members
from such issues after discharge or release;
and
(ii) the resources and treatment options
afforded to members for such issues through the
Department of Veterans Affairs, the Department
of Defense, and non-profit organizations;
(C) counsels the cohort about the resources
afforded to victims of military sexual trauma through
the Department of Veterans Affairs; and
(D) counsels the cohort about the manner in which
members might experience grief during the transition
from military to civilian life, and the resources
afforded to them for grieving through the Department of
Veterans Affairs.
(2) In coordination with the Department of Veterans
Affairs' Solid Start program, the provision to each cohort
member of contact information for a counseling or other
appropriate facility of the Department of Veterans Affairs in
the locality in which such member intends to reside after
discharge or release.
(3) The submittal by cohort members to the Department of
Veterans Affairs (including both the Veterans Health
Administration and the Veterans Benefits Administration) of
their medical records in connection with service in the Armed
Forces, whether or not such members intend to file a claim with
the Department for benefits with respect to any service-
connected disability.
(c) Services.--The services described in this subsection in
connection with the Transition Assistance Program for each member of
the Armed Forces participating in the pilot program are the following:
(1) Not later than 90 days after the discharge or release
of the member from the Armed Forces, a contact of the member by
a social worker or behavioral health coordinator from the
Department of Veterans Affairs to schedule a follow-up
appointment with a social worker or behavioral health provider
at the facility applicable to the member under subsection
(b)(2) to occur not later than 90 days after such contact.
(2) During the appointment scheduled pursuant to paragraph
(1)--
(A) an assessment of the member to determine the
experiences of the member with events during service in
the Armed Forces that could lead, whether individually
or cumulatively, to physical, psychological, or
neurological issues, including issues described in
subsection (b)(1)(B); and
(B) the development of a medical treatment plan for
the member, including treatment for issues identified
pursuant to the assessment under subparagraph (A).
(d) Locations.--
(1) In general.--The pilot program shall be carried out at
not fewer than 10 Transition Assistance Centers of the
Department of Defense that serve not fewer than 300 members of
the Armed Forces annually that are jointly selected by the
Secretary of Defense and the Secretary of Veterans Affairs for
purposes of the pilot program.
(2) Members served.--The centers selected under paragraph
(1) shall, to the extent practicable, be centers that, whether
individually or in aggregate, serve all the Armed Forces and
both the regular and reserve components of the Armed Forces.
(e) Selection and Commencement.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly select the locations of the
pilot program under subsection (d)(1) and commence carrying out
activities under the pilot program by not later than 120 days after the
date of the enactment of this Act.
(f) Duration.--
(1) In general.--The duration of the pilot program shall be
five years.
(2) Continuation.--If the Secretary of Defense and the
Secretary of Veterans Affairs recommend in the report under
subsection (g) that the pilot program be extended beyond the
date otherwise provided by paragraph (1), the Secretaries may
jointly continue the pilot program for such period beyond such
date as the Secretaries jointly consider appropriate.
(g) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and every 180 days thereafter during
the duration of the pilot program, the Secretary of Defense and
the Secretary of Veterans Affairs shall jointly submit to
Congress a report on the activities under the pilot program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of the members of the Armed
Forces who participated in the pilot program during the
180-day period ending on the date of such report,
broken out by the following:
(i) Sex.
(ii) Branch of the Armed Forces in which
served.
(iii) Diagnosis of, or other symptoms
consistent with, military sexual trauma, post-
traumatic stress disorder, traumatic brain
injury, depression, or bipolar disorder in
connection with service in the Armed Forces.
(B) A description of the activities under the pilot
program during such period.
(C) An assessment of the benefits of the activities
under the pilot program during such period to veterans
and family members of veterans.
(D) An assessment whether the activities under the
pilot program as of the date of such report have
reduced the incidence of suicide among members who
participated in the pilot program within one year of
discharge or release from the Armed Forces.
(E) Such recommendations as the Secretary of
Defense and the Secretary of Veterans Affairs jointly
consider appropriate regarding expansion of the pilot
program, extension of the pilot program, or both.
(h) Transition Assistance Program Defined.--In this section, the
term ``Transition Assistance Program'' means the program of assistance
and other transitional services carried out pursuant to section 1144 of
title 10, United States Code.
SEC. 559L. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service academy
shall provide testing for speech disorders to incoming cadets or
midshipmen under the jurisdiction of that Superintendent.
(b) No Effect on Admission.--The testing under subsection (a) may
not have any affect on admission to a military service academy.
(c) Results.--The Superintendent shall provide each cadet or
midshipman under the jurisdiction of that Superintendent the result of
the testing under subsection (a) and a list of warfare unrestricted
line officer positions and occupation specialists that require
successful performance on the speech test.
(d) Therapy.--The Superintendent shall furnish speech therapy to a
cadet or midshipman under the jurisdiction of that Superintendent at
the election of the cadet or midshipman.
(e) Retaking.--A cadet or midshipman whose testing indicate a
speech disorder or impediment may elect to retake the testing once each
academic year while enrolled at the military service academy.
SEC. 559M. REQUIREMENT OF INVOLVEMENT OF REPRESENTATIVES OF MILITARY
AND VETERANS' SERVICE ORGANIZATIONS IN THE TRANSITION
ASSISTANCE PROGRAM OF THE DEPARTMENT OF DEFENSE.
Section 1144 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1), by inserting ``may'' before
``provide'';
(C) in paragraph (2), by inserting ``may'' before
``use'';
(D) in paragraph (3), by inserting ``may'' before
``use'';
(E) in paragraph (4)--
(i) by inserting ``shall'' before ``use'';
and
(ii) by inserting ``and accredited service
officers'' after ``representatives'';
(F) in paragraph (5), by inserting ``may'' before
``enter'';
(G) in paragraph (6), in the matter preceding
subparagraph (A), by inserting ``may'' before
``enter''; and
(H) in paragraph (7), by inserting ``may'' before
``take''; and
(2) by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `veterans' service organization' means an
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of title
38.
``(2) The term `accredited service officer' means a
representative who has been recommended for accreditation by a
veterans' service organization.''.
SEC. 559N. GAO REPORT ON SCREENINGS INCLUDED IN THE HEALTH ASSESSMENT
FOR MEMBERS SEPARATING FROM THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on screenings included in the health assessment administered
to members separating from the the Armed Forces. Such report shall
include the following elements:
(1) A list of screenings are included in such assessment.
(2) Whether such screenings--
(A) are uniform across the Armed Forces;
(B) include questions to assess if the member is at
risk for social isolation, homelessness, or substance
abuse; and
(C) include questions about community.
(3) How many such screenings result in referral of a member
to--
(A) community services;
(B) community services other than medical services;
and
(C) a veterans service organization.
(4) An assessment of the effectiveness of referrals
described in paragraph (3).
(5) How organizations, including veterans service
organizations, perform outreach to members in underserved
communities.
(6) The extent to which organizations described in
paragraph (5) perform such outreach.
(7) The effectiveness of outreach described in paragraph
(6).
(8) The annual amount of Federal funding for services and
organizations described in paragraphs (3) and (5).
SEC. 559O. PILOT GRANT PROGRAM TO SUPPLEMENT THE TRANSITION ASSISTANCE
PROGRAM OF THE DEPARTMENT OF DEFENSE.
(a) Establishment.--The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall carry out a pilot grant
program under which the Secretary of Defense provides enhanced support
and funding to eligible entities to supplement TAP to provide job
opportunities for industry recognized certifications, job placement
assistance, and related employment services directly to covered
individuals.
(b) Services.--Under the pilot grant program, the Secretary of
Defense shall provide grants to eligible entities to provide to covered
individuals the following services:
(1) Using an industry-validated screening tool, assessments
of prior education, work history, and employment aspirations of
covered individuals, to tailor appropriate and employment
services.
(2) Preparation for civilian employment through services
like mock interviews and salary negotiations, training on
professional networking platforms, and company research.
(3) Several industry-specific learning pathways--
(A) with entry-level, mid-level and senior
versions;
(B) in fields such as project management,
cybersecurity, and information technology;
(C) in which each covered individual works with an
academic advisor to choose a career pathway and
navigate coursework during the training process; and
(D) in which each covered individual can earn
industry-recognized credentials and certifications, at
no charge to the covered individual.
(4) Job placement services.
(c) Program Organization and Implementation Model.--The pilot grant
program shall follow existing economic opportunity program models that
combine industry-recognized certification training, furnished by
professionals, with online learning staff.
(d) Consultation.--In carrying out the program, the Secretary of
Defense shall seek to consult with private entities to assess the best
economic opportunity program models, including existing economic
opportunity models furnished through public-private partnerships.
(e) Eligibility.--To be eligible to receive a grant under the pilot
grant program, an entity shall--
(1) follow a job training and placement model;
(2) have rigorous program evaluation practices;
(3) have established partnerships with entities (such as
employers, governmental agencies, and non-profit entities) to
provide services described in subsection (b);
(4) have online training capability to reach rural
veterans, reduce costs, and comply with new conditions forced
by COVID-19; and
(5) have a well-developed practice of program measurement
and evaluation that evinces program performance and efficiency,
with data that is high quality and shareable with partner
entities.
(f) Coordination With Federal Entities.--A grantee shall coordinate
with Federal entities, including--
(1) the Office of Transition and Economic Development of
the Department of Veterans Affairs; and
(2) the Office of Veteran Employment and Transition
Services of the Department of Labor.
(g) Metrics and Evaluation.--Performance outcomes shall be
verifiable using a third-party auditing method and include the
following:
(1) The number of covered individuals who receive and
complete skills training.
(2) The number of covered individuals who secure
employment.
(3) The retention rate for covered individuals described in
paragraph (2).
(4) Median salary of covered individuals described in
paragraph (2).
(h) Site Locations.--The Secretary of Defense shall select five
military installations in the United States where existing models are
successful.
(i) Assessment of Possible Expansion.--A grantee shall assess the
feasibility of expanding the current offering of virtual training and
career placement services to members of the reserve components of the
Armed Forces and covered individuals outside the United States.
(j) Duration.--The pilot grant program shall terminate on September
30, 2025.
(k) Report.--Not later than 180 days after the termination of the
pilot grant program, the Secretary of Defense shall submit to the
congressional defense committees a report that includes--
(1) a description of the pilot grant program, including a
description of specific activities carried out under this
section; and
(2) the metrics and evaluations used to assess the
effectiveness of the pilot grant program.
(l) Definitions.--In this section:
(1) The term ``covered individual'' means--
(A) a member of the Armed Forces participating in
TAP; or
(B) a spouse of a member described in subparagraph
(A).
(2) The term ``military installation'' has the meaning
given such term in section 2801 of title 10, United States
Code.
(3) The term ``TAP'' means the transition assistance
program of the Department of Defense under sections 1142 and
1144 of title 10, United States Code.
Subtitle G--Military Family Readiness and Dependents' Education
SEC. 561. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM ADVISORY
COUNCIL.
(a) Establishment.--Chapter 7 of title 10, United States Code, is
amended by inserting before section 187 the following new section 186:
``Sec. 186. Exceptional Family Member Program Advisory Council
``(a) Establishment.--There is an Exceptional Family Member Program
Advisory Council in the Department of Defense (in this section referred
to as the `Council').
``(b) Purpose.--The Council shall provide, to the Secretary and the
chiefs of the covered armed forces, recommendations regarding how to
improve the Exceptional Family Member Program. The Council shall
provide such recommendations not less than once every six months.
``(c) Composition.--The Council shall be composed of the following:
``(1) One member of each covered armed force--
``(A) serving on active duty;
``(B) who has a dependent--
``(i) enrolled in the Exceptional Family
Member Program; and
``(ii) with an individualized education
program; and
``(C) appointed by the Vice Chief of Staff of the
covered armed force concerned.
``(2) Two military spouses--
``(A) of members eligible to be appointed under
paragraph (1);
``(B) who are not civilian employees of the
Department of Defense;
``(C) one of whom is married to an enlisted member
and one of whom is married to an officer; and
``(D) appointed by the Vice Chief of Staff of the
covered armed force concerned.
``(3) One adult dependent--
``(A) enrolled in the Exceptional Family Member
Program; and
``(B) appointed by the Vice Chief of Staff of the
covered armed force concerned.
``(4) One representative of the Exceptional Family Member
Program Coalition.
``(5) One member of the Defense Health Agency.
``(6) One member of the Department of Defense Education
Activity.
``(7) One member of the Office of Special Needs.
``(d) Appointments.--In making appointments under subsection (c),
the Vice Chief of Staff of the covered armed force concerned shall seek
to represent the diversity of the disability community.
``(e) Terms.--Each member of the Council shall serve a term of two
years, except one of the original members appointed under subsection
(c)(2), selected by the Secretary of Defense at the time of
appointment, one shall be appointed for a term of three years.
``(f) Meetings.--The Council shall meet at least once every
calendar quarter, in person or by teleconference.
``(g) Covered Armed Force Defined.--In this section, the term
`covered armed force' means an armed force under the jurisdiction of
the Secretary of a military department.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 187 the following new item:
``186. Exceptional Family Member Program Advisory Council.''.
(2) Termination of advisory panel on community support for
military families with special needs.--Section 563 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 10 U.S.C. 1781c note) is amended by striking
subsection (d).
SEC. 562. NON-MEDICAL COUNSELING SERVICES FOR MILITARY FAMILIES.
Section 1781 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Non-medical Counseling Services.--(1) In carrying out its
duties under subsection (b), the Office may coordinate programs and
activities for the provision of non-medical counseling services to
military families through the Department of Defense Family Readiness
System.
``(2) Notwithstanding any other provision of law, a mental health
care provider described in paragraph (3) may provide non-medical
counseling services at any location in a State, the District of
Columbia, or a territory or possession of the United States, without
regard to where the provider or recipient of such services is located,
if the provision of such services is within the scope of the authorized
Federal duties of the provider.
``(3) A mental health care provider described in this subsection is
a person who is--
``(A) a currently licensed mental health care provider who
holds a license that is--
``(i) issued by a State, the District of Columbia,
or a territory or possession of the United States; and
``(ii) recognized by the Secretary of Defense;
``(B) a member of the armed forces, a civilian employee of
the Department of Defense, or a contractor designated by the
Secretary; and
``(C) performing authorized duties for the Department of
Defense under a program or activity referred to in paragraph
(1).
``(4) In this subsection, the term `non-medical counseling
services' means mental health care services that are non-clinical,
short-term and solution focused, and address topics related to personal
growth, development, and positive functioning.''.
SEC. 563. EXPANSION OF SUPPORT PROGRAMS FOR SPECIAL OPERATIONS FORCES
PERSONNEL AND IMMEDIATE FAMILY MEMBERS.
(a) In General.--Section 1788a(e) of title 10, United States Code,
is amended--
(1) in paragraph (4), by striking ``covered personnel'' and
inserting ``covered individuals''; and
(2) in paragraph (5)--
(A) by striking ``covered personnel'' and inserting
``covered individuals'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(D) immediate family members of individuals
described in subparagraphs (A) or (B) in a case in
which such individual died--
``(i) as a direct result of armed conflict;
``(ii) while engaged in hazardous service;
``(iii) in the performance of duty under
conditions simulating war; or
``(iv) through an instrumentality of
war.''.
SEC. 564. CLARIFICATION OF QUALIFICATIONS FOR ATTORNEYS WHO PROVIDE
LEGAL SERVICES TO FAMILIES ENROLLED IN THE EXCEPTIONAL
FAMILY MEMBER PROGRAM.
Section 582(b)(7) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended, in the matter preceding subparagraph (A), by striking ``in
education law'' and inserting ``and with experience in the practice of
education law in the State in which the military installation is
located (and any other State or States in which a significant portion
of the personnel assigned to such military installation reside)''.
SEC. 565. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) Verification of Suitability of Housing and Educational
Institutions.--Section 582(c)(2) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by inserting ``, and to verify that housing and at
least one school near such military installation is suitable for the
dependent with special needs of such covered member'' before the period
at the end.
(b) Expansion of Advisory Panel on Community Support for Military
Families With Special Needs.--Section 563(d)(2) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
1781c note) is amended--
(1) by striking ``seven'' and inserting ``nine'';
(2) by inserting ``, appointed by the Secretary of
Defense,'' after ``individuals'';
(3) by inserting ``each'' before ``a member'';
(4) by striking the second sentence; and
(5) by adding ``One such individual shall be the spouse of
an enlisted member and one such individual shall be the spouse
of an officer in a grade below O-6.'' at the end.
(c) Relocation.--The Secretary of the military department concerned
shall, if such Secretary determines it feasible, permit a covered
member who receives permanent change of station orders to elect, not
later than 14 days after such receipt, from at least two locations that
provide support for the dependent of such covered member with a special
need.
(d) Scanning of DD Form 2792.--The Secretary of a military
department shall require that a DD Form 2792 completed by a covered
member is scanned and uploaded to the electronic health record of the
dependent described in such DD Form 2792.
(e) Covered Member Defined.--In this section, the term ``covered
member'' means a member of an Armed Force--
(1) under the jurisdiction of the Secretary of a military
department; and
(2) with a dependent with a special need.
SEC. 566. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF THE
UNIFORMED SERVICES AND THEIR SPOUSES.
(a) In General.--Title VII of the Servicemembers Civil Relief Act
(50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50
U.S.C. 4025) the following new section:
``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF SERVICEMEMBERS AND
THEIR SPOUSES.
``(a) In General.--In any case in which a servicemember has a
professional license in good standing in a jurisdiction or the spouse
of a servicemember has a professional license in good standing in a
jurisdiction and such servicemember or spouse 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 shall 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 if such servicemember or spouse--
``(1) provides a copy of such military orders to the
licensing authority in the jurisdiction in which the new
residency is located;
``(2) remains in good standing with the licensing authority
that issued the license; and
``(3) 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.
``(b) Interstate Licensure Compacts.--If a servicemember or spouse
of a servicemember is licensed and able to operate in multiple
jurisdictions through an interstate licensure compact, with respect to
services provided in the jurisdiction of the interstate licensure
compact by a licensee covered by such compact, the servicemember or
spouse of a servicemember shall be subject to the requirements of the
compact or the applicable provisions of law of the applicable State and
not this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 705
the following new item:
``Sec. 705A. Portability of professional licenses of servicemembers and
their spouses.''.
SEC. 567. DATABASE OF NEXT OF KIN OF DECEASED MEMBERS OF THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall prescribe regulations that
establish and maintain a database of the Department of Defense that
contains up-to-date contact information for the next of kin of members
of the Armed Forces under the jurisdiction of the Secretaries of the
military departments. Such regulations shall ensure that--
(1) a commander in a grade higher than O-5 may access the
contact information for the next of kin of a member who died
while a member of the unit under the command of such commander,
regardless of whether such member served under such commander;
and
(2) an individual named in such database may--
(A) elect to not be contacted by an officer
described in paragraph (1); and
(B) change such election at any time.
SEC. 568. POLICY REGARDING REMOTE MILITARY INSTALLATIONS.
(a) Policy.--Not later than April 1, 2022, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall develop a uniform policy for how to--
(1) identify remote military installations; and
(2) assess and manage challenges associated with remote
military installations.
(b) Elements.--The policy under subsection (a) shall address the
following:
(1) Activities and facilities for the morale, welfare, and
recreation of members of the Armed Forces.
(2) Availability of housing, located on and off remote
military installations.
(3) Educational services for dependents of members of the
Armed Forces, located on and off remote military installations.
(4) Availability of health care.
(5) Employment opportunities for military spouses.
(6) Risks associated with having insufficient support
services for members of the Armed Forces and their dependents.
(c) Report.--Not later than July 1, 2022, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth--
(1) the policy under this section; and
(2) an implementation plan for the policy.
(d) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term in section
2801 of title 10, United States Code.
SEC. 569. FEASIBILITY STUDY ON PROGRAM FOR DROP-IN CHILD CARE FURNISHED
TO CERTAIN MILITARY SPOUSES AT MILITARY CHILD DEVELOPMENT
CENTERS.
(a) Authorization.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
feasibility study on the establishment of a program under which the
military spouse of a covered member may leave a covered child with a
child care employee--
(1) at the military child development center of the
military installation that is the permanent duty station of
such covered member;
(2) during the normal hours of operation of the military
child development center at which such child care employee is
employed; and
(3) for not more than two hours per week.
(b) Report.--Not later than September 30, 2022, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report regarding the results of the study under
subsection (a).
(c) Definitions.--In this section:
(1) The terms ``child care employee'' and ``military child
development center'' have the meanings given such terms in
section 1800 of title 10, United States Code.
(2) The term ``covered child'' means the dependent child of
a covered member--
(A) younger than seven years of age; and
(B) who does not regularly receive child care
services at a military child development center.
(3) The term ``covered member'' means a member of the Armed
Forces performing active duty for a period of more than 30 days
at a location other than the permanent duty station of such
member.
SEC. 569A. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON
EMPLOYMENT DISCRIMINATION AGAINST MILITARY SPOUSES BY
CIVILIAN EMPLOYERS.
Not later than 180 days after the date of the enactment of this
Act, and 180 days thereafter, the Comptroller General of the United
States shall submit to the congressional defense committees a report on
employment discrimination against military spouses by civilian
employers, including on the basis of military spouse status. Such
report shall include an assessment of the following:
(1) The feasibility of policy solutions to prevent such
discrimination, including--
(A) by amending the Uniformed Services Employment
and Reemployment Rights Act of 1994 (Public Law 103-
353) to ensure that military spouses are covered under
such Act; and
(B) by including military spouses as a protected
class for the purpose of laws relating to employment
discrimination.
(2) Potential differential effects of such discrimination
across race and gender, to determine if military spouses who
are people of color are subject to intersectional
discrimination.
SEC. 569B. REPORT ON EFFORTS OF COMMANDERS OF MILITARY INSTALLATIONS TO
CONNECT MILITARY FAMILIES WITH LOCAL ENTITIES THAT
PROVIDE SERVICES TO MILITARY FAMILIES.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on how and
the extent to which commanders of military installations connect
military families with local nonprofit and government entities that
provide services to military families, including assistance with
housing.
SEC. 569C. REPORT ON PRESERVATION OF THE FORCE AND FAMILY PROGRAM OF
UNITED STATES SPECIAL OPERATIONS COMMAND.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Commander of United States Special
Operations Command shall submit to the congressional defense committees
a report on POTFF.
(b) Elements.--The report under this section shall include the
following:
(1) An assessment of the human performance domain of
current programs and activities, including--
(A) physical conditioning;
(B) exercise physiology;
(C) kinesiology;
(D) nutrition guidance;
(E) rehabilitative support (including physical
therapy); and
(F) mental skills training (including sports
psychology).
(2) A description of efforts of the Commander to assess the
unique needs of members of special operations forces, including
women and minorities.
(3) An assessment of the effectiveness of POTFF in
addressing such unique needs.
(4) Plans of the Commander to improve POTFF to better
address such unique needs.
(c) Definitions.--In this section:
(1) The term ``POTFF'' means the Preservation of the Force
and Family Program of United States Special Operations Command
under section 1788a of title 10, United States Code.
(2) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 569D. GAO REVIEW OF PRESERVATION OF THE FORCE AND FAMILY PROGRAM
OF UNITED STATES SPECIAL OPERATIONS COMMAND.
(a) Review.--Not later than April 1, 2022, the Comptroller General
of the United States shall conduct a review of POTFF and submit to the
appropriate committees a report containing the results of such review.
(b) Elements.--The report under this section shall include the
following:
(1) An assessment of the sufficiency of the human
performance domain of current programs and activities of POTFF.
(2) A description of efforts of the Commander of United
States Special Operations Command to assess the unique needs of
members of special operations forces, including women and
minorities.
(3) A description of plans of the Commander to improve
POTFF to better address the unique needs of members of special
operations forces.
(4) Changes in costs to the United States to operate POTFF
since implementation.
(5) Rates of participation in POTFF, including--
(A) the number of individuals who participate;
(B) frequency of use by such individuals; and
(C) geographic locations where such individuals
participate.
(6) Methods by which data on POTFF is collected and
analyzed.
(7) Outcomes used to determine the effects of POTFF on
members of special operations forces and their immediate family
members, including a description of the effectiveness of POTFF
in addressing unique needs of such individuals.
(c) Briefing.--Not later than January 31, 2022, the Comptroller
General shall provide to the appropriate committees a briefing on the
preliminary findings of the Comptroller General under the review under
this section.
(d) Definitions.--In this section:
(1) The term ``appropriate committees'' means the
Committees on Armed Services of the Senate and House of
Representatives.
(2) The term ``POTFF'' means the Preservation of the Force
and Family Program of United States Special Operations Command
under section 1788a of title 10, United States Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 569E. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF
MILITARY DEPENDENT STUDENTS.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2022 in division D of this Act and available for operation
and maintenance for Defense-wide activities as specified in the funding
table in section 4301 of this Act, $50,000,000 shall be available only
for the purpose of providing assistance to local educational agencies
under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C.
7703b).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2022 in division D of this Act and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301 of
this Act, $20,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398; 20
U.S.C. 7703a).
(2) Allocation for high concentration schools.--Of the
amount made available under paragraph (1), $10,000,000 shall be
available for use by the Secretary of Defense to make payments
to local educational agencies determined by the Secretary to
have higher concentrations of military children with severe
disabilities.
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 569F. VERIFICATION OF REPORTING OF ELIGIBLE FEDERALLY CONNECTED
CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID PROGRAMS.
(a) Certification.--On an annual basis, each commander of a
military installation under the jurisdiction of the Secretary of a
military department shall submit to such Secretary a written
certification verifying whether the commander has confirmed the
information contained in all impact aid source check forms received
from local educational agencies as of the date of such certification.
(b) Report.--Not later June 30 of each year, each Secretary of a
military department shall submit to the congressional defense
committees a report, based on the information received under subsection
(a), that identifies--
(1) each military installation under the jurisdiction of
such Secretary that has confirmed the information contained in
all impact aid source check forms received from local
educational agencies as of the date of the report; and
(2) each military installation that has not confirmed the
information contained in such forms as of such date.
(c) Definitions.--In this section:
(1) Term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(2) The term ``impact aid source check form'' means a form
submitted to a military installation by a local educational
agency to confirm the number and identity of children eligible
to be counted for purposes of the Federal impact aid program
under section 7003(a) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(a)).
(3) The term ``local educational agency'' has the meaning
given that term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
SEC. 569G. PILOT TRANSITION ASSISTANCE PROGRAM FOR MILITARY SPOUSES.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a pilot
transition assistance program for covered individuals (in this section
referred to as the ``pilot program'').
(b) Services.--The Secretary of Defense shall provide to a covered
individual, who elects to participate in the pilot program, services
similar to those available under TAP to members of the Armed Forces,
including the following:
(1) Assessments of prior education, work history, and
employment aspirations of covered individuals, to tailor
appropriate employment services.
(2) Preparation for employment through services like mock
interviews and salary negotiations, training on professional
networking platforms, and company research.
(3) Job placement services.
(4) Services offering guidance on available health care
resources, mental health resources, and financial assistance
resources.
(5) Training in mental health first aid to learn how to
assist someone experiencing a mental health or substance use-
related crisis.
(c) Locations.--The Secretary shall carry out the pilot program at
12 military installations located in the United States.
(d) Duration.--The pilot program shall terminate five years after
enactment.
(e) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the and House of Representatives a report that
includes--
(1) a description of the pilot program, including a
description of specific activities carried out under this
section; and
(2) the metrics and evaluations used to assess the
effectiveness of the pilot program.
(f) Definitions.--In this section:
(1) The term ``covered individual'' means a spouse of a
member of the Armed Forces eligible for TAP.
(2) The term ``military installation'' has the meaning
given such term in section 2801 of title 10, United States
Code.
(3) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United States
Code.
SEC. 569H. IMPLEMENTATION OF GAO RECOMMENDATIONS ON IMPROVED
COMMUNICATION OF BEST PRACTICES TO ENGAGE MILITARY
SPOUSES WITH CAREER ASSISTANCE RESOURCES.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop a
plan to address recommendation #2, regarding strategies for
sharing information on outreach to military spouses, in the
report of the Government Accountability Office titled
``Military Spouse Employment: DOD Should Continue Assessing
State Licensing Practices and Increase Awareness of Resources''
(GAO-21-193).
(2) Elements.--The plan required under paragraph (1) shall
include--
(A) a summary of actions that have been taken to
implement the recommendation;
(B) a summary of actions that will be taken to
implement the recommendation, including how the
Secretary plans to--
(i) engage military services and
installations, members of the Spouse Ambassador
Network, and other local stakeholders to obtain
information on the outreach approaches and best
practices used by military installations and
stakeholders;
(ii) overcome factors that may limit use of
best practices;
(iii) disseminate best practices to
relevant stakeholders; and
(iv) identify ways to and better coordinate
with the Secretaries of Veterans Affairs,
Labor, and Housing and Urban Development; and
(C) a schedule, with specific milestones, for
completing implementation of the recommendation.
(b) Deadline for Implementation.--Except as provided in paragraph
(2), not later than 18 months after the date of the enactment of this
Act, the Secretary of Defense shall carry out activities to implement
the plan developed under subsection (a).
Subtitle H--Diversity and Inclusion
SEC. 571. INFORMATION ON FEMALE AND MINORITY PARTICIPATION IN MILITARY
SERVICE ACADEMIES AND THE SENIOR RESERVE OFFICERS'
TRAINING CORPS.
Section 113 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by inserting before the semicolon
the following: ``, including the status of diversity and
inclusion in the military service academies, the Federal
Officer Candidate and Training Schools, and the Senior Reserve
Officers' Training Corps programs of such department'';
(2) in subsection (l)(2)--
(A) in subparagraph (D), by inserting ``(including
through the military service academies, the Federal
Officer Candidate and Training Schools, and the Senior
Reserve Officers' Training Corps)'' after ``into the
armed forces''; and
(B) in subparagraph (E), by inserting ``,
attendance at military service academies, the Federal
Officer Candidate and Training Schools, and enrollment
in the Senior Reserve Officers' Training Corps that''
before ``is representative''; and
(3) in subsection (m)--
(A) by redesignating paragraphs (5) through (7) as
paragraphs (7) through (9), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) The number of cadets and midshipmen from the Federal
Officer Candidate and Training Schools and the Senior Reserve
Officers' Training Corps of each armed force who are expected
to be commissioned into the armed forces during the fiscal year
covered by such report, disaggregated by gender, race, and
ethnicity.
``(6) Plans to increase the number of minority cadets and
midshipmen at the military service academies and members of the
Senior Reserve Officer's Training Corps.''.
SEC. 572. SURVEYS ON DIVERSITY, EQUITY, AND INCLUSION AND ANNUAL
REPORTS ON SEXUAL ASSAULTS AND RACIAL AND ETHNIC
DEMOGRAPHICS IN THE MILITARY JUSTICE SYSTEM.
(a) Modification of Content of Certain Surveys.--
(1) Armed forces surveys.--Section 481 of title 10, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1) by striking the second
sentence;
(ii) in paragraph (3) by striking ``Equal
Opportunity'' and inserting ``Diversity,
Equity, and Inclusion'';
(B) in subsection (b)--
(i) in the subsection heading, by striking
``Equal Opportunity'' and inserting
``Diversity, Equity, and Inclusion'';
(ii) in the matter preceding paragraph (1),
by striking ``Equal Opportunity'' and inserting
``Diversity, Equity, and Inclusion''; and
(iii) by adding at the end the following
new paragraphs:
``(4) Identifying and assessing the extent of activity
among such members that may be seen as `hate group' activity.
``(5) Whether respondents have, in the preceding year--
``(A) experienced or witnessed extremist, racist,
anti-Semitic, islamophobic, or supremacist activity in
the workplace; or
``(B) reported such activity.'';
(C) in subsection (c)--
(i) by redesignating paragraph (5) as
paragraph (6); and
(ii) by inserting after paragraph (4) the
following new paragraph:
``(5) Identifying and assessing the extent of activity
among such members that may be seen as `hate group'
activity.'';
(D) by redesignating subsection (f) as subsection
(g); and
(E) by inserting after subsection (e) the following
new subsection:
``(f) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by subsection
(e); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.''.
(2) Civilian employee surveys.--Section 481a of title 10,
United States Code, is amended--
(A) in subsection (b)--
(i) by redesignating paragraph (5) as
paragraph (7); and
(ii) by inserting after paragraph (4) the
following new paragraphs:
``(5) Identifying and assessing the extent (if any) of
activity among such employees that may be seen as so-called
`hate group' activity.
``(6) Whether respondents have, in the preceding year--
``(A) experienced or witnessed extremist, racist,
anti-Semitic, islamophobic, or supremacist activity in
the workplace; or
``(B) reported such activity.''; and
(B) by adding at the end the following new
subsection:
``(e) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by subsection
(c); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.''.
(3) Prevalence of offenses under the uniform code of
military justice.--Section 481(b) of title 10, United States
Code, as amended by paragraph (1) of this subsection, is
further amended by adding at the end the following new
paragraphs:
``(6) An estimate of the total number of offenses committed
under each punitive article under chapter 47 of this title (the
Uniform Code of Military Justice) over the period covered by
the survey.
``(7) For each category of offense identified under
paragraph (6)--
``(A) an estimate of the racial, ethnic, gender,
age, and rank demographics of principals; and
``(B) an estimate of the racial, ethnic, gender,
age, and rank demographics of victims.''.
(4) Conforming repeal.--Section 593 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1415; 10 U.S.C. 480 note prec.) is repealed.
(5) Effective date.--
(A) The amendments made by paragraphs (1) and (2)
shall take effect on the day after the date of the
enactment of this Act.
(B) The amendments made by paragraph (3) shall take
effect on January 1, 2023.
(b) Annual Reports on Racial and Ethnic Demographics in the
Military Justice System.--
(1) In general.--Chapter 23 of title 10, United States
Code, is amended by inserting after section 485 the following
new section:
``Sec. 486. Annual reports on racial and ethnic demographics in the
military justice system
``(a) In General.--Not later than March 1 of each year, the
Secretary of each military department shall submit to the Secretary of
Defense a report on racial, ethnic, and gender demographics in the
military justice system during the preceding year. In the case of the
Secretary of the Navy, separate reports shall be prepared for the Navy
and for the Marine Corps. In the case of the Secretary of the Air
Force, separate reports shall be prepared for the Air Force and for the
Space Force.
``(b) Contents.--The report of a Secretary of a military department
for an armed force under subsection (a) shall contain the following:
``(1) Statistics on offenses under chapter 47 of this title
(the Uniform Code of Military Justice) during the year covered
by the report, including:
``(A) an estimate based on survey data from the
armed forces Workplace and Diversity, Equity, and
Inclusion Surveys of the number of offenses committed
by members of the armed force, disaggregated by--
``(i) statistical category as related to
the victim; and
``(ii) statistical category as related to
the principal;
``(B) the number of offenses in the armed force
that were reported to military officials, disaggregated
by--
``(i) statistical category as related to
the victim; and
``(ii) statistical category as related to
the principal;
``(C) the number of offenses in the armed force
that were investigated, disaggregated by statistical
category as related to the principal;
``(D) the number of offenses in which the evidence
supported possible action by the Department,
disaggregated by statistical category as related to the
principal;
``(E) the number of offenses in which
administrative action was imposed, disaggregated by
statistical category as related to the principal and
each type of administrative action imposed;
``(F) the number of offenses in which non-judicial
punishment was imposed under section 815 of this title
(article 15 of the Uniform Code of Military Justice),
disaggregated by statistical category as related to the
principal;
``(G) the number of offenses in which charges were
preferred, disaggregated by statistical category as
related to the principal;
``(H) the number of offenses in which charges were
referred to court-martial, disaggregated by statistical
category as related to the principal and type of court-
martial;
``(I) the number of offenses which resulted in
conviction at court-martial, disaggregated by
statistical category as related to the principal and
type of court-martial; and
``(J) the number of offenses which resulted in
acquittal at court-martial, disaggregated by
statistical category as related to the principal and
type of court-martial.
``(2) An analysis of any disparities among race, gender,
and ethnicity in the incidence, reporting, disposition, and
prosecution of offenses by units, commands, and installations
during the year covered by the report, including trends
relating to--
``(A) the prosecution of offenses; and
``(B) the prevalence of offenses, set forth
separately for--
``(i) each installation with 5,000 or more
servicemembers;
``(ii) the major career fields of any
individuals involved in such incidents,
including the fields of combat arms, aviation,
logistics, maintenance, administration, and
medical;
``(iii) in the case of the Navy, the
operational status (whether sea duty or shore
duty) of any individuals involved in such
incidents.
``(3) The policies, procedures, and processes implemented
by the Secretary concerned during the year covered by the
report in response to any race, gender, or ethnicity
disparities involving members of the armed force concerned.
``(c) Definitions.--In this section:
``(1) The term `statistical category' means each of the
following categories:
``(A) race;
``(B) gender;
``(C) ethnicity;
``(D) rank; and
``(E) offense enumerated under chapter 47 of this
title (the Uniform Code of Military Justice).
``(2) The term `principal' has the meaning given that term
in section 877 of this title (article 77 of the Uniform Code of
Military Justice).
``(d) Submission to Congress.--
``(1) In general.--Not later than April 30 of each year in
which the Secretary of Defense receives reports under
subsection (a), the Secretary of Defense shall forward the
reports to the appropriate congressional committees, together
with--
``(A) an assessment of the information submitted to
the Secretary pursuant to subsection (b)(3);
``(B) such other assessments on the reports as the
Assistant Inspector General established under section
554 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283) considers appropriate; and
``(C) such other assessments on the reports as the
Secretary of Defense considers appropriate.
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services, the
Committee on Commerce, Science, and Transportation, and
the Committee on Veterans' Affairs of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Transportation and Infrastructure, and the
Committee on Veterans' Affairs of the House of
Representatives.
``(e) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by
subsections (a) and (d); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by inserting
after the item relating to section 485 the following new item:
``486. Annual reports on racial and ethnic demographics in the military
justice system.''.
(c) Annual Reports on Sexual Assaults.--
(1) In general.--Chapter 23 of title 10, United States
Code, as amended by section 3, is further amended by inserting
after section 486 the following new section:
``Sec. 487. Annual reports on sexual assaults
``(a) In General.--Not later than March 1 of each year, the
Secretary of each military department shall submit to the Secretary of
Defense a report on the sexual assaults involving members of the armed
forces under the jurisdiction of that Secretary during the preceding
year. In the case of the Secretary of the Navy, separate reports shall
be prepared for the Navy and for the Marine Corps. In the case of the
Secretary of the Air Force, separate reports shall be prepared for the
Air Force and for the Space Force.
``(b) Contents.--The report of a Secretary of a military department
for an armed force under subsection (a) shall contain the following:
``(1) The number of sexual assaults committed against
members of the armed force that were reported to military
officials during the year covered by the report, and the number
of the cases so reported that were substantiated.
``(2) The number of sexual assaults committed by members of
the armed force that were reported to military officials during
the year covered by the report, and the number of the cases so
reported that were substantiated. The information required by
this paragraph may not be combined with the information
required by paragraph (1).
``(3) A synopsis of each such substantiated case, organized
by offense, and, for each such case, the race and ethnicity of
the victim and accused, the action taken in the case, including
the type of disciplinary or administrative sanction imposed, if
any, including courts-martial sentences, nonjudicial
punishments administered by commanding officers pursuant to
section 815 of this title (article 15 of the Uniform Code of
Military Justice), and administrative separations.
``(4) The policies, procedures, and processes implemented
by the Secretary concerned during the year covered by the
report in response to incidents of sexual assault involving
members of the armed force concerned.
``(5) The number of substantiated sexual assault cases in
which the victim is a deployed member of the armed forces and
the assailant is a foreign national, and the policies,
procedures, and processes implemented by the Secretary
concerned to monitor the investigative processes and
disposition of such cases and any actions taken to eliminate
any gaps in investigating and adjudicating such cases.
``(6) A description of the implementation of the
accessibility plan implemented pursuant to section 596(b) of
the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 10 U.S.C. 1561 note), including a
description of the steps taken during that year to ensure that
trained personnel, appropriate supplies, and transportation
resources are accessible to deployed units in order to provide
an appropriate and timely response in any case of reported
sexual assault in a deployed unit, location, or environment.
``(7) The number of applications submitted under section
673 of title 10, United States Code, during the year covered by
the report for a permanent change of station or unit transfer
for members of the armed forces on active duty who are the
victim of a sexual assault or related offense, the number of
applications denied, and, for each application denied, a
description of the reasons why the application was denied.
``(8) An analysis and assessment of trends in the
incidence, disposition, and prosecution of sexual assaults by
units, commands, and installations during the year covered by
the report, including trends relating to--
``(A) the prosecution of incidents and avoidance of
incidents; and
``(B) the prevalence of incidents, set forth
separately for--
``(i) each installation with 5,000 or more
servicemembers;
``(ii) the major career fields of any
individuals involved in such incidents,
including the fields of combat arms, aviation,
logistics, maintenance, administration, and
medical; and
``(iii) in the case of the Navy, the
operational status (whether sea duty or shore
duty) of any individuals involved in such
incidents.
``(9) An assessment of the adequacy of sexual assault
prevention and response activities carried out by training
commands during the year covered by the report.
``(10) An analysis of the specific factors that may have
contributed to sexual assault during the year covered by the
report, an assessment of the role of such factors in
contributing to sexual assaults during that year, and
recommendations for mechanisms to eliminate or reduce the
incidence of such factors or their contributions to sexual
assaults.
``(11) An analysis of the disposition of the most serious
offenses occurring during sexual assaults committed by members
of the armed force during the year covered by the report, as
identified in unrestricted reports of sexual assault by any
members of the armed forces, including the numbers of reports
identifying offenses that were disposed of by each of the
following:
``(A) Conviction by court-martial, including a
separate statement of the most serious charge preferred
and the most serious charge for which convicted.
``(B) Acquittal of all charges at court-martial.
``(C) Non-judicial punishment under section 815 of
this title (article 15 of the Uniform Code of Military
Justice).
``(D) Administrative action, including by each type
of administrative action imposed.
``(E) Dismissal of all charges, including by reason
for dismissal and by stage of proceedings in which
dismissal occurred.
``(12) Information on each claim of retaliation in
connection with a report of sexual assault in the armed force
made by or against a member of such armed force as follows:
``(A) A narrative description of each complaint.
``(B) The nature of such complaint, including
whether the complainant claims professional or social
retaliation.
``(C) The gender of the complainant.
``(D) The gender of the individual claimed to have
committed the retaliation.
``(E) The nature of the relationship between the
complainant and the individual claimed to have
committed the retaliation.
``(F) The nature of the relationship, if any,
between the individual alleged to have committed the
sexual assault concerned and the individual claimed to
have committed the retaliation.
``(G) The official or office that received the
complaint.
``(H) The organization that investigated or is
investigating the complaint.
``(I) The current status of the investigation.
``(J) If the investigation is complete, a
description of the results of the investigation,
including whether the results of the investigation were
provided to the complainant.
``(K) If the investigation determined that
retaliation occurred, whether the retaliation was an
offense under chapter 47 of this title (the Uniform
Code of Military Justice).
``(13) Information and data collected through formal and
informal reports of sexual harassment involving members of the
armed forces during the year covered by the report, as follows:
``(A) The number of substantiated and
unsubstantiated reports.
``(B) A synopsis of each substantiated report,
including the race and ethnicity of the victim and
accused.
``(C) The action taken in the case of each
substantiated report, including the type of
disciplinary or administrative sanction imposed, if
any, such as--
``(i) conviction and sentence by court-
martial;
``(ii) imposition of non-judicial
punishment under section 815 of this title
(article 15 of the Uniform Code of Military
Justice); or
``(iii) administrative separation or other
type of administrative action imposed.
``(14) Information and data collected during the year
covered by the report on each reported incident involving the
non-consensual distribution by a person subject to chapter 47
of this title (the Uniform Code of Military Justice), of a
private sexual image of another person, including the
following:
``(A) The number of substantiated and
unsubstantiated reports.
``(B) A synopsis of each substantiated report.
``(C) The action taken in the case of each
substantiated report, including the type of
disciplinary or administrative sanction imposed, if
any, such as--
``(i) conviction and sentence by court-
martial;
``(ii) imposition of non-judicial
punishment under section 815 this title
(article 15 of the Uniform Code of Military
Justice); or
``(iii) administrative separation or other
type of administrative action imposed.
``(c) Substantiated Defined.--In this section, the term
`substantiated', when used with respect to the report of an incident or
offense, means that the report meets the following criteria:
``(1) The victim made an unrestricted report of such
incident or offense.
``(2) The report was investigated by the Federal Government
or a State, local, or Tribal law enforcement organization.
``(3) The report was provided to the appropriate military
command for consideration of action and was found to have
sufficient evidence to support the command's action against the
subject.
``(d) Submission to Congress.--
``(1) In general.--Not later than April 30 of each year in
which the Secretary of Defense receives reports under
subsection (a), the Secretary of Defense shall forward the
reports to the appropriate congressional committees, together
with--
``(A) the results of assessments conducted under
the evaluation plan required by section 1602(c) of the
Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561
note);
``(B) an assessment of the information submitted to
the Secretary pursuant to subsection (b)(11); and
``(C) such other assessments on the reports as the
Secretary of Defense considers appropriate.
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services, the
Committee on Commerce, Science, and Transportation, and
the Committee on Veterans' Affairs of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Transportation and Infrastructure, and the
Committee on Veterans' Affairs of the House of
Representatives.
``(e) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by
subsections (a) and (d); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.
``(f) Additional Details for Case Synopses Portion of Report.--The
Secretary of each military department shall include in the case
synopses portion of each report, as described in subsection (b)(3), the
following additional information:
``(1) If charges are dismissed following an investigation
conducted under section 832 of this title (article 32 of the
Uniform Code of Military Justice), the case synopsis shall
include the reason for the dismissal of the charges.
``(2) If the case synopsis states that a member of the
armed forces accused of committing a sexual assault was
administratively separated or, in the case of an officer,
allowed to resign in lieu of facing a court-martial, the case
synopsis shall include the characterization (honorable,
general, or other than honorable) given the service of the
member upon separation.
``(3) The case synopsis shall indicate whether a member of
the armed forces accused of committing a sexual assault was
ever previously accused of a substantiated sexual assault or
was admitted to the armed forces under a moral waiver granted
with respect to prior sexual misconduct.
``(4) The case synopsis shall indicate the branch of the
armed forces of each member accused of committing a sexual
assault and the branch of the armed forces of each member who
is a victim of a sexual assault.
``(5) If the case disposition includes non-judicial
punishment, the case synopsis shall explicitly state the nature
of the punishment.
``(6) The case synopsis shall indicate whether alcohol was
involved in any way in a substantiated sexual assault incident.
``(g) Coordination of Release Date Between Annual Reports Regarding
Sexual Assaults and Family Advocacy Report.--The Secretary of Defense
shall ensure that the reports required under subsection (a) for a given
year are delivered to the Committees on Armed Services of the Senate
and House of Representatives simultaneously with the Family Advocacy
Program report for that year regarding child abuse and domestic
violence, as required by section 574 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2141).
``(h) Inclusion of Information in Regarding Sexual Assaults
Committed Against a Member's Spouse or Other Family Member.--The
Secretary of Defense shall include, in each report under this section,
information regarding a sexual assault committed by a member of the
armed forces against the spouse or intimate partner of the member or
another dependent of the member in addition to the annual Family
Advocacy Program report as required by section 574 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2141). The information may be included as an annex to such
reports.''.
(2) Conforming repeals.--
(A) Section 1631 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 1561 note) is repealed.
(B) Section 538 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 1561 note) is repealed.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title, as amended by this
subsection, is further amended by inserting after the item
relating to section 486 the following new item:
``487. Annual reports on sexual assaults.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (b) and (c) shall take effect on
the day after the date of the enactment of this Act.
(2) Exceptions.--
(A) Separate space force reports.--The requirement
for the Secretary of the Air Force to submit separate
reports for the Space Force under sections 486 and 487
of title 10, United States Code (as added by
subsections (b) and (c) of this section) shall take
effect on October 1, 2023 and shall apply with respect
to reports required to be submitted under such sections
after such date.
(B) Certain statistical information.--The
requirement to include the information described in
subparagraphs (A) and (B) of section 486(b)(1) of title
10, United States Code, in the annual reports under
such section shall apply with respect to reports
required to be submitted after January 1, 2023.
SEC. 573. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.
Section 554(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in the section heading, by striking ``deputy'' and
inserting ``assistant'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Secretary of Defense''
and inserting ``Inspector General of the
Department of Defense''; and
(ii) by striking ``Deputy'' and inserting
``Assistant'';
(B) in subparagraph (A), by striking ``of the
Department''; and
(C) in subparagraph (B), by striking ``report
directly to and serve'' and inserting ``be'';
(3) in paragraph (2)--
(A) in the matter preceding clause (i) of
subparagraph (A)--
(i) by striking ``Conducting and
supervising'' and inserting ``Developing and
carrying out a plan for the conduct of
comprehensive oversight, including through the
conduct and supervision of''; and
(ii) by striking ``evaluations'' and
inserting ``inspections,'';
(B) in clause (ii) of subparagraph (A), by striking
``, including the duties of the Inspector General under
subsection (b)''; and
(C) in subparagraph (B), by striking ``Secretary
or'';
(4) in paragraph (3)(A) in the matter preceding
subparagraph (A), by striking ``Deputy'' and inserting
``Assistant'';
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``Deputy''
each place it appears and inserting ``Assistant'';
(B) in subparagraph (B)--
(i) by striking ``Deputy'' the first place
it appears;
(ii) by striking ``and the Inspector
General'';
(iii) by striking ``Deputy'' the second
place it appears and inserting ``Assistant'';
and
(iv) by inserting before the period at the
end the following: ``, for inclusion in the
next semiannual report of the Inspector General
under section 5 of the Inspector General Act of
1978 (5 U.S.C. App.).'';
(C) in subparagraph (C)--
(i) by striking ``Deputy''; and
(ii) by striking ``and Inspector General'';
(D) in subparagraph (D)--
(i) by striking ``Deputy'';
(ii) by striking ``and the Inspector
General'';
(iii) by striking ``Secretary or''; and
(iv) by striking ``direct'' and inserting
``determine''; and
(E) in subparagraph (E)--
(i) by striking ``Deputy''; and
(ii) by striking ``of the Department'' and
all that follows through ``Representatives''
and inserting ``consistent with the
requirements of the Inspector General Act of
1978 (5 U.S.C. App.).''.
SEC. 574. EXTENSION OF DEADLINE FOR GAO REPORT ON EQUAL OPPORTUNITY AT
THE MILITARY SERVICE ACADEMIES.
Section 558 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended,
in the matter preceding paragraph (1), by striking ``one year after the
date of the enactment of this Act'' and inserting ``May 31, 2022''.
SEC. 575. GAO REVIEW OF EXTREMIST AFFILIATIONS AND ACTIVITY AMONG
MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY.
(a) Review.--The Comptroller General of the United States shall
perform a review to determine the prevalence of extremist affiliations
and activity among members of the Armed Forces on active duty. The
review shall include the following elements:
(1) Sources of information used by the Secretary of Defense
and Secretaries of the military departments to determine
extremist affiliations and activity, including the extent to
which--
(A) the Armed Forces have established methods for
anonymous reporting of suspected extremist affiliations
and activity;
(B) the Armed Forces have established guidelines to
help ensure that commanders properly investigate such
reports;
(C) reports of violence by members of the Armed
Forces have been investigated for relation to extremist
affiliations and activity;
(D) members of the Armed Forces have been
discharged or disciplinary actions because of extremist
affiliations or activity; and
(E) the Department of Defense tracking cases
described in subparagraph (D).
(2) The extent to which the Secretary of Defense and
Secretaries of the military departments use information
described in paragraph (1) in vetting members, including the
extent to which--
(A) recruiters have identified individuals with
suspected extremist affiliations;
(B) such individuals have received waivers; and
(C) command climate surveys indicate a culture in
the Armed Forces that supports extremist affiliations
and activity.
(3) The extent to which the Secretary of Defense and
Secretaries of the military departments use information
described in paragraph (1) in vetting members.
(4) Procedures of the Department of Defense and the Armed
Forces for identifying, responding to, and tracking reported
instances of extremist affiliations and activity.
(5) Efforts of the Secretary of Defense and Secretaries of
the military departments to train personnel to identify and
report members or recruits suspected of extremist affiliations
or activity, including the extent to which--
(A) commanders and recruiters trained to identify
potential indicators of extremist affiliations
(including tattoos); and
(B) members are trained to identify and report
indicators of extremist affiliations and activity in
the Armed Forces or Department of Defense.
(6) Any other matter that the Comptroller General
determines relevant.
(b) Report.--Not later than March 31, 2022, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report containing the results of the review
under this section.
SEC. 576. REDUCTION OF GENDER-RELATED INEQUITIES IN COSTS OF UNIFORMS
TO MEMBERS OF THE ARMED FORCES.
(a) Implementation of GAO Recommendations.--Not later than
September 30, 2022, the Secretary of Defense shall implement the four
recommendations of the Government Accountability Office in the report
titled ``Military Service Uniforms DOD Could Better Identify and
Address Out-of-Pocket Cost Inequities'' (GAO-21-120).
(b) Regulations.--Not later than September 30, 2022, each Secretary
concerned (as that term is defined in section 101 of title 10, United
States Code) shall prescribe regulations that ensure the following:
(1) The out-of-pocket cost to an officer or enlisted member
of an Armed Force for a uniform (or part of such uniform) may
not exceed such cost to another officer or enlisted member of
that Armed Force for such uniform (or part, or equivalent part,
of such uniform) solely based on gender.
(2) If a change to a uniform of an Armed Force affects only
officers or enlisted members of one gender, an officer or
enlisted member of such gender in such Armed Force shall be
entitled to an allowance equal to the out-of-pocket cost to the
officer or enlisted member relating to such change.
(c) One-time Allowance.--Not later than September 30, 2022, each
Secretary concerned may provide a one-time allowance to each female
officer and female enlisted member under the jurisdiction of the
Secretary concerned. The amount of such an allowance shall be--
(1) based on gender disparities in out-of-pocket costs
relating to uniforms (including the costs of changes to
uniforms that affected only one gender) during the 10 years
preceding the date of the enactment of this Act; and
(2) proportional to the length of service of the officer or
enlisted member in the Armed Forces.
(d) Application.--The allowances described in subsections (b)(2)
and (c) may not apply to an individual who has separated or retired, or
been discharged or dismissed, from the Armed Forces.
SEC. 577. JUSTICE FOR WOMEN VETERANS.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally authorized the
appointment and enlistment of women in the regular components
of the Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that members of
the regular components of the Armed Forces could become
pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in
1951, which granted the Armed Forces the authority to
involuntarily separate or discharge a woman if she became
pregnant, gave birth to a child, or became a parent by adoption
or a stepparent.
(4) The Armed Forces responded to the Executive order by
systematically discharging any woman in the Armed Forces who
became pregnant, regardless of whether the pregnancy was
planned, unplanned, or the result of sexual abuse.
(5) Although the Armed Forces were required to offer women
who were involuntarily separated or discharged due to pregnancy
the opportunity to request retention in the military, many such
women were not offered such opportunity.
(6) The Armed Forces did not provide required separation
benefits, counseling, or assistance to the members of the Armed
Forces who were separated or discharged due to pregnancy.
(7) Thousands of members of the Armed Forces were
involuntarily separated or discharged from the Armed Forces as
a result of pregnancy.
(8) There are reports that the practice of the Armed Forces
to systematically separate or discharge pregnant members caused
some such members to seek an unsafe or inaccessible abortion,
which was not legal at the time, or to put their children up
for adoption, and that, in some cases, some women died by
suicide following their involuntary separation or discharge
from the Armed Forces.
(9) Such involuntary separation or discharge from the Armed
Forces on the basis of pregnancy was challenged in Federal
district court by Stephanie Crawford in 1975, whose legal
argument stated that this practice violated her constitutional
right to due process of law.
(10) The Court of Appeals for the Second Circuit ruled in
Stephanie Crawford's favor in 1976 and found that Executive
Order 10240 and any regulations relating to the Armed Forces
that made separation or discharge mandatory due to pregnancy
were unconstitutional.
(11) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces because
of pregnancy or any form of parenthood were rescinded.
(12) Today, women comprise 17 percent of the Armed Forces,
and many are parents, including 12 percent of whom are single
parents.
(13) While military parents face many hardships, today's
Armed Forces provides various lengths of paid family leave for
mothers and fathers. for both birth and adoption of children.
(b) Sense of Congress.--
(1) Sense of congress.--It is the sense of Congress that
women who served in the Armed Forces before February 23, 1976
should not have been involuntarily separated or discharged due
to pregnancy or parenthood.
(2) Expression of remorse.--Congress hereby expresses deep
remorse for the women who patriotically served in the Armed
Forces, but were forced, by official United States policy, to
endure unnecessary and discriminatory actions, including the
violation of their constitutional right to due process of law,
simply because they became pregnant or became a parent while a
member of the Armed Forces.
(c) GAO Study of Women Involuntarily Separated or Discharged Due to
Pregnancy or Parenthood.--
(1) Study required.--The Comptroller General of the United
States shall conduct a study regarding women involuntarily
separated or discharged from the Armed Forces due to pregnancy
or parenthood during the period of 1951 through 1976. The study
shall identify--
(A) the number of such women, disaggregated by--
(i) Armed Force;
(ii) grade;
(iii) race; and
(iv) ethnicity;
(B) the characters of such discharges or
separations;
(C) discrepancies in uniformity of such discharges
or separations;
(D) how such discharges or separations affected
access of such women to health care and benefits
through the Department of Veterans Affairs; and
(E) recommendations for improving access of such
women to resources through the Department of Veterans
Affairs.
(2) Briefing and report.--
(A) Briefing.--Not later than 6 months after the
date of enactment of this Act, the Comptroller General
shall brief the Committees on Armed Services and the
Committees on Veterans' Affairs of the Senate and the
House of Representatives on the study.
(B) Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller
General shall submit a report to the Committees on
Armed Services and the Committees on Veterans' Affairs
of the Senate and the House of Representatives on the
results of the study conducted under paragraph (1).
SEC. 578. TASK FORCE ON HISTORICAL AND CURRENT BARRIERS TO AFRICAN
AMERICAN PARTICIPATION AND EQUAL TREATMENT IN THE ARMED
SERVICES.
(a) Establishment.--The Secretary of Defense shall establish within
the Department of Defense a task force to be known as the ``Task Force
on Historical and Current Barriers to African American Participation
and Equal Treatment in the Armed Services'' (hereafter referred to as
the ``Task Force'').
(b) Duties.--The Task Force shall advise, consult with, report to,
and make recommendations to the Secretary, as appropriate, on the
development, refinement, and implementation of policies, programs,
planning, and training which will provide redress for historical
barriers to African American participation and equal treatment in the
Armed Services.
(c) Studies and Investigations.--
(1) Investigation of historical record of slavery.--As part
of its duties, the Task Force shall identify, compile, examine,
and synthesize the relevant corpus of evidentiary documentation
regarding the military or Armed Service's involvement in the
institution of slavery. The Task Force's documentation and
examination shall include facts related to--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United States
and the colonies that became the United States for the
purpose of enslavement, including their treatment
during transport;
(C) the sale and acquisition of Africans and their
descendants as chattel property in interstate and
intrastate commerce;
(D) the treatment of African slaves and their
descendants in the colonies and the United States,
including the deprivation of their freedom,
exploitation of their labor, and destruction of their
culture, language, religion, and families; and
(E) the extensive denial of humanity, sexual abuse,
and the chatellization of persons.
(2) Study of effects of discriminatory policies in the
armed services.--As part of its duties, the Task Force shall
study and analyze the official policies or routine practices of
the Armed Services with discriminatory intent or discriminatory
effect on the formerly enslaved Africans and their descendants
in the Armed Services following the overdue recognition of such
persons as United States citizens beginning in 1868.
(3) Study of other forms of discrimination.--As part of its
duties, the Task Force shall study and analyze the other forms
of discrimination in the Armed Services against freed African
slaves and their descendants who were belatedly accorded their
rightful status as United States citizens from 1868 to the
present.
(4) Study of lingering effects of discrimination.--As part
of its duties, the Task Force shall study and analyze the
lingering negative effects of the institution of slavery and
the matters described in the preceding paragraphs on living
African Americans and their participation in the Armed
Services.
(d) Recommendations for Remedies.--
(1) Recommendations.--Based on the results of the
investigations and studies carried out under subsection (c),
the Task Force shall recommend appropriate remedies to the
Secretary.
(2) Issues addressed.--In recommending remedies under this
subsection, the Task Force shall address the following:
(A) How Federal laws and policies that continue to
disproportionately and negatively affect African
Americans as a group in the Armed Services, and those
that perpetuate the lingering effects, materially and
psycho-socially, can be eliminated.
(B) How the injuries resulting from the matters
described in subsection (c) can be reversed through
appropriate policies, programs, and projects.
(C) How, in consideration of the Task Force's
findings, to calculate any form of repair for
inequities to the descendants of enslaved Africans.
(D) The form of that repair which should be
awarded, the instrumentalities through which the repair
should be provided, and who should be eligible for the
repair of such inequities.
(e) Annual Report.--
(1) Submission.--Not later than 90 days after the end of
each year, the Task Force shall submit a report to the
Secretary on its activities, findings, and recommendations
during the preceding year.
(2) Publication.--Not later than 180 days after the date on
which the Secretary receives an annual report for a year under
paragraph (1), the Secretary shall publish a public version of
the report, and shall include such related matters as the
Secretary finds would be informative to the public during that
year.
(f) Composition; Governance.--
(1) Composition.--The Task Force shall be composed of such
number of members as the Secretary may appoint from among
individuals whom the Secretary finds are qualified to serve by
virtue of their military service, education, training, activism
or experience, particularly in the field of history, sociology,
and African American studies.
(2) Publication of list of members.--The Secretary shall
post and regularly update on a public website of the Department
of Defense the list of the members of the Task Force.
(3) Meetings.--The Task Force shall meet not less
frequently than quarterly, and may convene additional meetings
during a year as necessary. At least one of the meetings during
each year shall be open to the public.
(4) Governance.--The Secretary shall establish rules for
the structure and governance of the Task Force.
(5) Deadline.--The Secretary shall complete the appointment
of the members of the Task Force not later than 180 days after
the date of the enactment of this Act.
SEC. 579. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE MEMBERS OF
THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices (including use of civilian industry best
practices) regarding the use of retention and exit survey data to
identify barriers and lessons learned to improve the retention of
female members of the Armed Forces under the jurisdiction of such
Secretaries.
SEC. 579A. GAO REPORT ON LOW NUMBER OF HISPANIC LEADERS IN THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the result of a study regarding--
(1) the reasons for the low number of Hispanic officers and
members of the Armed Forces in leadership positions; and
(2) recommendations to increase such numbers.
SEC. 579B. GAO REPORT ON LOW NUMBER OF HISPANIC CADETS AND MIDSHIPMEN
IN THE MILITARY SERVICE ACADEMIES.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the result of a study regarding--
(1) the reasons for the low number of Hispanic cadets and
midshipmen at the military service academies; and
(2) recommendations to increase such numbers.
SEC. 579C. CONSIDERATION OF SEXUAL ORIENTATION BY INSPECTOR GENERAL
WHEN CONDUCTING REVIEW OF RACIAL DISPARITY IN THE
DEPARTMENT OF DEFENSE.
The Inspector General of the Department of Defense shall take
sexual orientation into account when conducting any review of racial
disparity in such Department after the date of the enactment of this
Act.
Subtitle I--Decorations and Awards
SEC. 581. SEMIANNUAL REPORTS REGARDING REVIEW OF SERVICE RECORDS OF
CERTAIN VETERANS.
(a) In General.-- Section 586 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 7271 note) is
amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Semiannual Reports.--
``(1) Reports required.--Not later than January 31 and July
31 each year, each Secretary of a military department shall
submit to the appropriate committees of Congress a report
regarding the review of service records under the jurisdiction
of that Secretary pursuant to subsection (a).
``(2) Elements.--Each report under this subsection shall
include the following:
``(A) The number of service records identified for
review.
``(B) The number of service records reviewed during
the preceding two calendar quarters.
``(C) The number of service records reviewed to
date.
``(D) The number of full-time equivalent employees
conducting reviews under subsection (a).
``(E) The number of work hours employees described
in subparagraph (D) spent reviewing service records
during the preceding two calendar quarters.
``(F) The number of work hours employees described
in subparagraph (D) have spent reviewing service
records to date.
``(G) A summary of any consultation with or
information provided by a veterans service organization
under subsection (c) during the preceding two calendar
quarters.
``(H) A summary of any consultation with or
information provided by a veterans service organization
under subsection (c) to date.
``(3) Termination.--The reporting requirement under this
subsection shall terminate for the Secretary of a military
department after that Secretary certifies in writing to the
appropriate committees of Congress that the Secretary has--
``(A) completed the review of the service record of
each covered veteran under the jurisdiction of that
Secretary; and
``(B) submitted every recommendation under
subsection (d) and every notification under subsection
(f) that the Secretary intends to submit.''; and
(3) in subsection (i), as redesignated--
(A) in the heading, by striking ``Definition'' and
inserting ``Definitions'';
(B) by striking all that follows ``section'' and
inserting a colon; and
(C) by adding at the end the following:
``(1) The term `Native American Pacific Islander' means a
Native Hawaiian or Native American Pacific Islander, as those
terms are defined in section 815 of the Native American
Programs Act of 1974 (42 U.S.C. 2992c).
``(2) The term `appropriate committees of Congress' means--
``(A) The Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
``(B) The Committees on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.''.
(b) Deadline.--The first report under subsection (h) of such
section 586, as inserted by subsection (a), shall be due not later than
July 31, 2022.
SEC. 582. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM
SERVICE MEDAL.
The Secretary of the military department concerned may, upon the
application of an individual who is a veteran who participated in
Operation End Sweep, award that individual the Vietnam Service Medal.
SEC. 583. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall design
and produce a commemorative military service medal, to be known as the
``Atomic Veterans Service Medal'', to honor retired and former members
of the Armed Forces who are radiation-exposed veterans (as such term is
defined in section 1112(c)(3) of title 38, United States Code).
(b) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense shall
issue the Atomic Veterans Service Medal to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide for
issuance of the Atomic Veterans Service Medal to the next-of-
kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive the
Atomic Veterans Service Medal.
SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO MARCELINO
SERNA FOR ACTS OF VALOR DURING WORLD WAR I.
(a) Authorization.--Notwithstanding the time limitations specified
in section 7274 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may posthumously award
the Medal of Honor under section 7272 of such title to Marcelino Serna
for the acts of valor described in the subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this
subsection are the actions of Marcelino Serna as a private in the Army
during World War I, for which he was previously awarded the
Distinguished-Service Cross.
SEC. 585. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT WOUNDED
KNEE CREEK ON DECEMBER 29, 1890.
(a) In General.--Each Medal of Honor awarded for acts at Wounded
Knee Creek, Lakota Pine Ridge Indian Reservation, South Dakota, on
December 29, 1890, is rescinded.
(b) Medal of Honor Roll.--The Secretary concerned shall remove the
name of each individual awarded a Medal of Honor for acts described in
subsection (a) from the Army, Navy, Air Force, and Coast Guard Medal of
Honor Roll maintained under section 1134a of title 10, United States
Code.
(c) Return of Medal Not Required.--No person may be required to
return to the Federal Government a Medal of Honor rescinded under
subsection (a).
(d) No Denial of Benefits.--This Act shall not be construed to deny
any individual any benefit from the Federal Government.
SEC. 586. INCLUSION OF PURPLE HEART AWARDS ON MILITARY VALOR WEBSITE.
The Secretary of Defense shall ensure that the publicly accessible
internet website of the Department of Defense that lists individuals
who have been awarded certain military awards includes a list of each
individual who meets the following criteria:
(1) After the date of the enactment of this Act, the
individual is awarded the Purple Heart.
(2) The individual elects to be included on such list (or,
if the individual is deceased, the primary next of kin elects
the individual to be included on such list).
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. COMMAND CLIMATE ASSESSMENTS: INDEPENDENT REVIEW; REPORTS.
Section 587 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note) is amended by adding
at the end the following:
``(d) Independent Review.--During fiscal year 2022 and annually
thereafter, the Secretary of a military department shall establish an
independent command climate review board (in this section referred to
as an `ICCRB') for each Armed Force under the jurisdiction of such
Secretary.
``(1) Duties.--An ICCRB shall review the command climate,
at each of no fewer than three military installations of the
Armed Force concerned, regarding the following matters:
``(A) Command climate survey results.
``(B) Crime and other public safety issues.
``(C) Prevention of, and responses to, crime at the
military installation.
``(D) Prevention of, and responses to, sexual
assault and sexual harassment at the military
installation.
``(E) Discrimination and equal opportunity at the
military installation.
``(F) Suicides and other deaths of members serving
at the military installation.
``(G) Any other matter determined appropriate by
the Secretary of the military department concerned or
the ICCRB.
``(2) Methods.--An ICCRB shall conduct such review by means
including--
``(A) an anonymous survey;
``(B) focus groups; and
``(C) individual interviews.
``(3) Membership.--An ICCRB shall be composed of no fewer
than six individuals--
``(A) appointed by the Secretary of the military
department concerned;
``(B) with expertise determined to be relevant by
such Secretary; and
``(C) none of whom may be a member of an Armed
Force or civilian employee of the Department of
Defense.
``(4) Selection of military installations.--The Secretary
of the military department concerned shall select, for review
by an ICCRB, military installations that have--
``(A) lower-than-average results on command climate
surveys;
``(B) higher-than-average crime rates;
``(C) higher-than-average incidence of suicide;
``(D) higher-than-average incidence of sexual
assault and sexual harassment; and
``(E) higher-than-average number of equal
opportunity complaints.
``(5) Coordination.--The Secretary of Defense shall direct
the Offices of People Analytics, and of Force Resiliency, of
the Department of Defense, to coordinate with an ICCRB.
``(6) Reports.--
``(A) Not later than September 30, 2022, and
annually thereafter, an ICCRB shall submit to the
Secretary of the military department concerned a report
containing the results of the most recent review
conducted by the ICCRB and recommendations of the ICCRB
to improve the climate command at the military
installations reviewed.
``(B) Not later than November 30, 2022, and
annually thereafter, an ICCRB shall submit to the
Committees on Armed Services of the Senate and House of
Representatives the report under subparagraph (A).
``(e) Reports.--Not later than April 30, 2023, and annually
thereafter--
``(1) the Secretary of a military department shall submit
to the Secretary of Defense a report containing, with respect
to the most recent climate command assessment for each Armed
Force under the jurisdiction of such Secretary of a military
department--
``(A) an analysis of responses, disaggregated by,
with respect to respondents--
``(i) military installation;
``(ii) unit;
``(iii) major organization (at the brigade
or equivalent level);
``(iv) major career fields (including
combat arms, aviation, logistics, and medical);
``(v) ranks, grouped into junior, mid-
grade, and senior--
``(I) enlisted; and
``(II) officers (including warrant
officers);
``(vi) in the case of the Navy, sea duty
and shore duty;
``(vii) gender;
``(viii) race; and
``(ix) ethnicity; and
``(B) actions taken and planned by the Secretary of
a military department to improve negative responses and
promote a positive command climate; and
``(2) the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing, with respect to the most
recent climate command assessment for each Armed Force--
``(A) a summary of responses, disaggregated by,
with respect to respondents--
``(i) Armed Force;
``(ii) military installation at which more
than 5,000 members serve;
``(iii) major organization (at the brigade
or equivalent level);
``(iv) major career fields (including
combat arms, aviation, logistics, and medical);
``(v) ranks, grouped into junior, mid-
grade, and senior--
``(I) enlisted; and
``(II) officers (including warrant
officers);
``(vi) in the case of the Navy, sea duty
and shore duty;
``(vii) gender;
``(viii) race; and
``(ix) ethnicity; and
``(B) actions taken and planned by the Secretary of
Defense to improve negative responses and promote a
positive command climate.''.
SEC. 592. HEALTHY EATING IN THE DEPARTMENT OF DEFENSE.
(a) Authorization of Element of the Department of Defense; Plan.--
(1) Establishment.--The Secretary of Defense may establish
an element of the Department of Defense responsible for
implementing a plan to improve access to healthy food on
military installations. If established, such element shall--
(A) be modelled on the Healthy Base Initiative of
the Department; and
(B) include personnel with--
(i) expertise in food service operations;
(ii) up-to-date knowledge of modern healthy
food delivery systems; and
(iii) deep understanding of food service in
the Department.
(2) Plan.--If implemented, the plan under paragraph (1)
shall include--
(A) leading practices from campus dining services
at institutions of higher learning and private
entities; and
(B) lessons learned from previous efforts of the
Secretary to make such improvements.
(b) Pilot Program.--
(1) Establishment.--The Secretary may carry out a pilot
program to develop and test appropriate business models that
increase the availability, affordability, and acceptability of
healthy foods in dining facilities of the Department.
(2) Locations.--For each Armed Force under the jurisdiction
of the Secretary of a military department, the Secretary may
establish a pilot program location at a military installation,
located within the United States, of--
(A) the regular component of such Armed Force; and
(B) a reserve component of such Armed Force.
(3) Meal card.--A pilot program under this subsection shall
include--
(A) expansion of the use of meal cards by members
outside of the primary dining facility at the military
installation concerned; and
(B) providing access to all personnel of such
installation access to all dining venues at such
installation.
(4) Partnerships.--The commander of each a military
installation described in paragraph (2) may enter into an
agreement with a local entity for the purposes of the pilot.
SEC. 593. PLANT-BASED PROTEIN PILOT PROGRAM OF THE NAVY.
(a) Establishment.--Not later than March 1, 2022, the Secretary of
the Navy shall establish a pilot program to offer plant-based protein
options at forward operating bases for consumption by members of the
Navy.
(b) Locations.--Not later than March 1, 2022, the Secretary shall
identify not fewer than two naval facilities to participate in the
pilot program and shall prioritize facilities (such as Joint Region
Marianas, Guam, Navy Support Facility, Diego Garcia, and U.S. Fleet
Activities Sasebo, Japan) where livestock-based protein options may be
costly to obtain or store.
(c) Rule of Construction.--Nothing in this Act shall be construed
to prevent offering livestock-based protein options alongside plant-
based protein options at naval facilities identified under subsection
(b).
(d) Termination.--The requirement to carry out the pilot program
established under this section shall terminate three years after the
date on which the Secretary establishes the pilot program required
under this section.
(e) Report.--Not later than one year after the termination of the
pilot program, the Secretary shall submit to the appropriate
congressional committees a report on the pilot program that includes
the following:
(1) The consumption rate of plant-based protein options by
members of the Navy under the pilot program.
(2) Effective criteria to increase plant-based protein
options at naval facilities not identified under subsection
(b).
(3) An analysis of the costs of obtaining and storing
plant-based protein options compared to the costs of obtaining
and storing livestock-based protein options at selected naval
facilities.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Armed Forces of the Senate.
(2) Plant-based protein options.--The term ``plant-based
protein options'' means edible products made from plants (such
as vegetables, beans, and legumes), fungi, or other non-animal
sources of protein.
SEC. 594. REPORTS ON MISCONDUCT BY MEMBERS OF SPECIAL OPERATIONS
FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and every six months thereafter for five years,
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report regarding misconduct
by members of special operations forces during the six months preceding
the date of such report.
(b) Special Operations Forces Defined.--In this section, the term
``special operations forces'' means forces described in section 167(j)
of title 10, United States Code.
SEC. 595. UPDATES AND PRESERVATION OF MEMORIALS TO CHAPLAINS AT
ARLINGTON NATIONAL CEMETERY.
(a) Updates and Preservation of Memorials.--
(1) Protestant chaplains memorial.--The Secretary of the
Army may permit NCMAF--
(A) to modify the memorial to Protestant chaplains
located on Chaplains Hill to include a granite, marble,
or other stone base for the bronze plaque of the
memorial;
(B) to add an additional plaque to the stone base
added pursuant to subparagraph (A) to include the name
of each chaplain, verified as described in subsection
(b), who died while serving on active duty in the Armed
Forces after the date on which the original memorial
was placed; and
(C) to make such other updates and corrections to
the memorial that may be needed as determined by the
Secretary.
(2) Catholic and jewish chaplain memorials.--The Secretary
of the Army may permit NCMAF to update and make corrections to
the Catholic and Jewish chaplain memorials located on Chaplains
Hill that may be needed as determined by the Secretary.
(3) No cost to federal government.--The activities of NCMAF
authorized by this subsection shall be carried out at no cost
to the Federal Government.
(b) Verification of Names.--NCMAF may not include the name of a
chaplain on a memorial on Chaplains Hill under subsection (a) unless
that name has been verified by the Chief of Chaplains of the Army,
Navy, or Air Force or the Chaplain of the United States Marine Corps,
depending on the branch of the Armed Forces in which the chaplain
served.
(c) Prohibition on Expansion of Memorials.--Except as provided in
subsection (a)(1)(A), this section may not be construed as authorizing
the expansion of any memorial that is located on Chaplains Hill as of
the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``Chaplains Hill'' means the area in Arlington
National Cemetery that, as of the date of the enactment of this
Act, is generally identified and recognized as Chaplains Hill.
(2) The term ``NCMAF'' means the National Conference on
Ministry to the Armed Forces or any successor organization
recognized in law for purposes of the operation of this
section.
SEC. 596. REPORT REGARDING BEST PRACTICES FOR COMMUNITY ENGAGEMENT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense and the
Secretaries of the military departments shall jointly submit to
Congress a report on best practices for coordinating relations with
State and local governmental entities in the State of Hawaii.
(b) Best Practices.--The best practices referred to in subsection
(a) shall address each of the following issues:
(1) Identify comparable locations with joint base military
installations or of other densely populated metropolitan areas
with multiple military installations and summarize lessons
learns from any similar efforts to engage with the community
and public officials.
(2) Identify all the major community engagement efforts by
the services, commands, installations and other military
organizations in the State of Hawaii.
(3) Evaluate the current community outreach efforts to
identify any outreach gaps or coordination challenges that
undermine the military engagement with the local community and
elected official in the State of Hawaii.
(4) Propose options available to create an enhanced,
coordinated community engagement effort in the State of Hawaii
based on the department's evaluation.
(5) Resources to support the coordination described in this
subsection, including the creation of joint liaison offices
that are easily accessible to public officials to facilitate
coordinating relations with State and local governmental
agencies.
SEC. 597. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND RESPONSE TO
BULLYING IN THE ARMED FORCES.
Section 549 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in the section heading, by inserting ``and bullying''
after ``hazing'';
(2) in subsection (a)--
(A) in the heading, by inserting ``and anti-
bullying'' after ``Anti-hazing'';
(B) by inserting ``(including formal, informal, and
anonymous reports)'' after ``collection of reports'';
and
(C) by inserting ``or bullying'' after ``hazing''
both places it appears;
(3) in subsection (b), by inserting ``and bullying'' after
``hazing''; and
(4) in subsection (c)--
(A) in the heading, by inserting ``and bullying''
after ``hazing'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``January 31,
2021'' and inserting ``January 31,
2027''; and
(II) by striking ``each Secretary
of a military department, in
consultation with the Chief of Staff of
each Armed Force under the jurisdiction
of such Secretary,'' and inserting
``the Secretary of Defense'';
(ii) in subparagraph (A), by inserting ``or
bullying'' after ``hazing'';
(iii) in subparagraph (B), by inserting
``formally, informally, and'' before
``anonymously''; and
(iv) in subparagraph (C), by inserting
``and anti-bullying'' after ``anti-hazing'';
and
(C) in amending paragraph (2) to read as follows:
``(2) Additional elements.--Each report required by this
subsection shall include the following:
``(A) A description of comprehensive data-
collection systems of each Armed Force described in
subsection (b) and the Office of the Secretary of
Defense for collecting hazing or bullying reports
involving a member of the Armed Forces, including
formal, informal, and anonymous reports.
``(B) A description of processes of each Armed
Force described in subsection (b) to identify,
document, and report alleged instances of hazing or
bullying. Such description shall include the
methodology each such Armed Force uses to categorize
and count potential instances of hazing or bullying.
``(C) An assessment by each Secretary of a military
department of the quality and need for training on
recognizing and preventing hazing and bullying provided
to members under the jurisdiction of such Secretary.
``(D) An assessment by the Office of the Secretary
of Defense of--
``(i) the effectiveness of each Armed Force
described in subsection (b) in tracking and
reporting instances of hazing or bullying;
``(ii) whether the performance of each such
Armed Force was satisfactory or unsatisfactory
in the preceding fiscal year.
``(E) Recommendations of the Secretary to improve--
``(i) elements described in subparagraphs
(A) through (D).
``(ii) the Uniform Code of Military Justice
or the Manual for Courts-Martial to improve the
prosecution of persons alleged to have
committed hazing or bullying in the Armed
Forces.
``(F) The status of efforts of the Secretary to
evaluate the prevalence of hazing and bullying in the
Armed Forces.
``(G) Data on allegations of hazing and bullying in
the Armed Forces, including--
``(i) number of formal, informal, and
anonymous reports; and
``(ii) final disposition of investigations.
``(H) Plans of the Secretary to improve hazing and
bullying prevention and response during the next
reporting year.''.
SEC. 598. ADDITION OF ELEMENT TO REPORT REGARDING THE DESIGNATION OF
EXPLOSIVE ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF
THE ARMY.
Section 582(b)(2) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 3063 note) is amended by
adding at the end the following new subparagraph:
``(H) The Secretary of the Army has designated an
Assistant Secretary of the Army as the key individual
responsible for developing and overseeing policy,
plans, programs, and budgets, and issuing guidance and
providing direction on the explosive ordnance disposal
activities of the Army.''.
SEC. 599. MILITARY JUSTICE CAREER TRACK FOR JUDGE ADVOCATES.
(a) Establishment.--Each Secretary of a military department shall
establish a military justice career track for judge advocates under the
jurisdiction of the Secretary.
(b) Requirements.--In establishing a military justice career track
under subsection (a) the Secretary concerned shall--
(1) ensure that the career track leads to judge advocates
with military justice expertise in the grade of colonel, or in
the grade of captain in the case of judge advocates of the
Navy, to prosecute and defend complex cases in military courts-
martial;
(2) include the use of skill identifiers to identify judge
advocates for participation in the career track from among
judge advocates having appropriate skill and experience in
military justice matters;
(3) issue guidance for promotion boards considering the
selection for promotion of officers participating in the career
track in order to ensure that judge advocates who are
participating in the career track have the same opportunity for
promotion as all other judge advocate officers being considered
for promotion by such boards.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 599A. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS AND
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 136 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) The Under Secretary of Defense for Personnel and Readiness
shall submit annually to the Committees on Armed Services of the Senate
and House of Representatives a report containing an analysis of the
costs of living, nationwide, for--
``(1) members of the Armed Forces on active duty; and
``(2) employees of the Department of Defense.''.
SEC. 599B. COMPTROLLER GENERAL ASSESSMENT OF QUALITY AND NUTRITION OF
FOOD AVAILABLE AT MILITARY INSTALLATIONS FOR MEMBERS OF
THE ARMED FORCES.
(a) Assessment.--The Comptroller General of the United States shall
conduct an assessment of the quality and nutrition of food available at
military installations for members of the Armed Forces.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) A description of the extent to which data is being
collected on the nutritional food options available at military
installations for members of the Armed Forces, including the
fat, sodium, and fiber content of hot line foods.
(2) An assessment of the extent to which the Department of
Defense has evaluated whether the nutritional food options
described in paragraph (1) meet or exceed the daily nutrition
standards for adults set forth by the Department of
Agriculture.
(3) A description of how the Secretary integrates and
coordinates nutrition recommendations, policies, and pertinent
information through the Interagency Committee on Human
Nutrition Research.
(4) An assessment of the extent to which the Department of
Defense has evaluated how such recommendations, policies, and
information affect health outcomes of members of the Armed
Forces or retention rates for those members who do not meet
physical standards set forth by the Department.
(5) A description of how the Secretary gathers input on the
quality of food service options provided to members of the
Armed Forces.
(6) An assessment of how the Department of Defense tracks
the attitudes and perceptions of members of the Armed Forces on
the quality of food service operations at military
installations in terms of availability during irregular hours,
accessibility, portion, price, and quality.
(7) An assessment of access by members of the Armed Forces
to high-quality food options on military installations, such as
availability of food outside typical meal times or options for
members not located in close proximity to dining facilities at
a military installation.
(8) Such recommendations as the Comptroller General may
have to address any findings related to the quality and
availability of food options provided to members of the Armed
Forces by the Department of Defense.
(c) Briefing and Report.--
(1) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall brief
the Committees on Armed Services of the Senate and the House of
Representatives on the status of the assessment conducted under
subsection (a).
(2) Report.--Not later than one year after the briefing
under paragraph (1), the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment conducted under
subsection (a).
SEC. 599C. STUDY AND REPORT ON HERBICIDE AGENT EXPOSURE IN PANAMA CANAL
ZONE.
(a) Study.--The Secretary of Defense shall conduct a study on the
exposure of members of the Armed Forces to herbicide agents, including
Agent Orange and Agent Purple, in the Panama Canal Zone during the
period beginning on January 1, 1958, and ending on December 31, 1999.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the study conducted under subsection (a).
SEC. 599D. REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN DEPARTMENT OF
THE NAVY.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report detailing the processing of
Requests for Equitable Adjustment by the Department of the Navy,
including progress in complying with the covered directive.
(b) Contents.--The report required under subsection (a) shall
include, at a minimum, the following:
(1) The number of Requests for Equitable Adjustment
submitted since October 1, 2011.
(2) The organizations within the Department of the Navy to
which such Requests were submitted.
(3) The number of Requests for Equitable Adjustment
outstanding as of the date of the enactment of this Act.
(4) The number of Requests for Equitable Adjustment agreed
to but not paid as of the date of the enactment of this Act,
including a description of why each such Request has not been
paid.
(5) A detailed explanation of the efforts by the Department
of the Navy to ensure compliance with the covered directive.
(c) Covered Directive Defined.--In this section, the term ``covered
directive'' means the directive of the Assistant Secretary of the Navy
for Research, Development, and Acquisition, dated March 20, 2020,
directing payment of all settled Requests for Equitable Adjustment and
the expeditious resolution of all remaining Requests for Equitable
Adjustment.
SEC. 599E. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.
(a) Study.--The Comptroller General of the United States shall
evaluate the tattoo policies of each Armed Force, including--
(1) the effects of such policies on recruitment, retention,
reenlistment of members of the Armed Forces; and
(2) processes for waivers to such policies to recruit,
retain, or reenlist members who have unauthorized tattoos.
(b) Report.--Not later than March 31, 2022, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the results of the
evaluations under subsection (a).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR MEMBERS.
(a) In General.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 402a the following new section:
``Sec. 402b. Basic needs allowance for low-income regular members
``(a) Allowance Required.--(1) Subject to paragraph (2), the
Secretary of Defense shall pay to each covered member a basic needs
allowance in the amount determined for such member under subsection
(b).
``(2) In the event a household contains two or more covered members
entitled to receive the allowance under this section in a given year,
only one allowance may be paid for that year to a covered member among
such covered members whom such covered members shall jointly elect.
``(b) Amount of Allowance for a Covered Member.--(1) The amount of
the monthly allowance payable to a covered member under subsection (a)
for a year shall be the aggregate amount equal to--
``(A) the aggregate amount equal to--
``(i) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the household of the covered member for
such year; minus
``(ii) the gross household income of the covered member
during the preceding year; and
``(B) divided by 12.
``(2) The monthly allowance payable to a covered member for a year
shall be payable for each of the 12 months following March of such
year.
``(c) Notice of Eligibility.--(1)(A) Not later than December 31
each year, the Director of the Defense Finance and Accounting Service
shall notify, in writing, each individual whom the Director estimates
will be a covered member during the following year of the potential
entitlement of that individual to the allowance described in subsection
(a) for that following year.
``(B) The preliminary notice under subparagraph (A) shall include
information regarding financial management and assistance programs
administered by the Secretary of Defense for which a covered member is
eligible.
``(2) Not later than January 31 each year, each individual who
seeks to receive the allowance for such year (whether or not subject to
a notice for such year under paragraph (1)) shall submit to the
Director such information as the Director shall require for purposes of
this section in order to determine whether or not such individual is a
covered member for such year.
``(3) Not later than February 28 each year, the Director shall
notify, in writing, each individual the Director determines to be a
covered member for such year.
``(d) Election Not To Receive Allowance.--(1) A covered member
otherwise entitled to receive the allowance under subsection (a) for a
year may elect, in writing, not to receive the allowance for such year.
Any election under this subsection shall be effective only for the year
for which made. Any election for a year under this subsection is
irrevocable.
``(2) A covered member who does not submit information described in
subsection (d)(2) for a year as otherwise required by that subsection
shall be deemed to have elected not to receive the allowance for such
year.
``(e) Definitions.--In this section:
``(1) The term `covered member' means a regular member of
an armed force under the jurisdiction of the Secretary of a
military department--
``(A) who has completed initial entry training;
``(B) whose gross household income during the most
recent year did not exceed an amount equal to 130
percent of the Federal poverty guidelines of the
Department of Health and Human Services for the
location and number of persons in the household of the
covered member for such year; and
``(C) who does not elect under subsection (d) not
to receive the allowance for such year.
``(2) The term `gross household income' of a covered member
for a year for purposes of paragraph (1)(B) does not include
any basic allowance for housing received by the covered member
(and any dependents of the covered member in the household of
the covered member) during such year under section 403 of this
title.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. Subject to
subsection (e)(2), such regulations shall specify the income to be
included in, and excluded from, the gross household income of
individuals for purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 402a the following new item:
``402b. Basic needs allowance for low-income regular members.''.
SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE RESERVE COMPONENTS OF
THE ARMED FORCES.
(a) In General.--Subchapter II of chapter 5 of title 37, United
States Code, is amended by adding at the end the following new section:
``Sec. 357. Incentive pay authorities for members of the reserve
components of the armed forces
``Notwithstanding section 1004 of this title, the Secretary
concerned shall pay a member of the reserve component of an armed force
incentive pay in the same monthly amount as that paid to a member in
the regular component of such armed force performing comparable work
requiring comparable skills.''.
(b) Technical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
356 the following:
``357. Incentive pay authorities for members of the reserve components
of the armed forces.''.
(c) Report.--Not later than September 30, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services a report
regarding the plan of the Secretary to implement section 357 of such
title, as added by subsection (a), an estimate of the costs of such
implementation, and the number of members described in such section.
SEC. 603. EXPANSIONS OF CERTAIN TRAVEL AND TRANSPORTATION AUTHORITIES.
(a) Lodging in Kind for Reserve Component Members Performing
Training.--
(1) In general.--Section 12604 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Lodging in Kind.--(1) In the case of a member of a reserve
component performing active duty for training or inactive-duty training
who is not otherwise entitled to travel and transportation allowances
in connection with such duty, the Secretary concerned may reimburse the
member for housing service charge expenses incurred by the member in
occupying transient government housing during the performance of such
duty. If transient government housing is unavailable or inadequate, the
Secretary concerned may provide the member with lodging in kind.
``(2) Any payment or other benefit under this subsection shall be
provided in accordance with regulations prescribed by the Secretary
concerned.
``(3) The Secretary may pay service charge expenses under paragraph
(1) and expenses of providing lodging in kind under such paragraph out
of funds appropriated for operation and maintenance for the reserve
component concerned. Use of a Government charge card is authorized for
payment of these expenses.
``(4) Decisions regarding the availability or adequacy of
government housing at a military installation under paragraph (1) shall
be made by the installation commander.''.
(2) Conforming amendment.--Section 474 of title 37, United
States Code, is amended by striking subsection (i).
(b) Mandatory Pet Quarantine Fees for Household Pets.--Section
451(b)(8) of title 37, United States Code, is amended by adding at the
end the following: ``Such costs include pet quarantine expenses.''.
(c) Student Dependent Transportation.--
(1) In general.--Section 452(b) of title 37, United States
Code, is amended by adding at the end the following new
paragraphs:
``(18) Travel by a dependent child to the United States to
obtain formal secondary, undergraduate, graduate, or vocational
education, if the permanent duty assignment location of the
member of the uniformed services is outside the continental
United States (other than in Alaska or Hawaii).
``(19) Travel by a dependent child within the United States
to obtain formal secondary, undergraduate, graduate, or
vocational education, if the permanent duty assignment location
of the member of the uniformed services is in Alaska or Hawaii
and the school is located in a State outside of the permanent
duty assignment location.''.
(2) Definitions.--Section 451 of title 37, United States
Code, as amended by subsection (b) of this section, is
amended--
(A) in subsection (a)(2)(H), by adding at the end
the following new clauses:
``(vii) Transportation of a dependent child
of a member of the uniformed services to the
United States to obtain formal secondary,
undergraduate, graduate, or vocational
education, if the permanent duty assignment
location of the member is outside the
continental United States (other than in Alaska
or Hawaii).
``(viii) Transportation of a dependent
child of a member of the uniformed services
within the United States to obtain formal
secondary, undergraduate, graduate, or
vocational education, if the permanent duty
assignment location of the member is in Alaska
or Hawaii and the school is located in a State
outside of the permanent duty assignment
location.''; and
(B) in subsection (b), by adding at the end the
following new paragraph:
``(10)(A) The term `permanent duty assignment location'
means--
``(i) the official station of a member of the
uniformed services; or
``(ii) the residence of a dependent of a member of
the uniformed services.
``(B) As used in subparagraph (A)(ii), the residence of a
dependent who is a student not living with the member while at
school is the permanent duty assignment location of the
dependent student.''.
(d) Dependent Transportation Incident to Ship Construction,
Inactivation, and Overhauling.--
(1) In general.--Section 452 of title 37, United States
Code, as amended by subsection (c) of this section, is further
amended--
(A) in subsection (b), by adding at the end the
following new paragraph:
``(20) Subject to subsection (i), travel by a dependent to
a location where a member of the uniformed services is on
permanent duty aboard a ship that is overhauling, inactivating,
or under construction.''; and
(B) by adding at the end the following new
subsection:
``(i) Dependent Transportation Incident to Ship Construction,
Inactivation, and Overhauling.--The authority under subsection (a) for
travel in connection with circumstances described in subsection (b)(19)
shall be subject to the following terms and conditions:
``(1) The Service member must be permanently assigned to
the ship for 31 or more consecutive days to be eligible for
allowances, and the transportation allowances accrue on the
31st day and every 60 days thereafter.
``(2) Transportation in kind, reimbursement for personally
procured transportation, or a monetary allowance for mileage in
place of the cost of transportation may be provided, in lieu of
the member's entitlement to transportation, for the member's
dependents from the location that was the home port of the ship
before commencement of overhaul or inactivation to the port of
overhaul or inactivation.
``(3) The total reimbursement for transportation for the
member's dependents may not exceed the cost of one Government-
procured commercial round-trip travel.''.
(2) Definitions.--Section 451(a)(2)(H) of title 37, United
States Code, as amended by subsection (c) of this section, is
further amended by adding at the end the following new clause:
``(ix) Transportation of a dependent to a
location where a member of the uniformed
services is on permanent duty aboard a ship
that is overhauling, inactivating, or under
construction.''.
SEC. 604. UNREIMBURSED MOVING EXPENSES FOR MEMBERS OF THE ARMED FORCES:
REPORT; POLICY.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
unreimbursed moving expenses incurred by members of the Armed Forces
and their families, disaggregated by Armed Force, rank, and military
housing area. In such report, the Secretary shall examine the root
causes of such unreimbursed expenses.
(b) Policy.--The Secretary shall establish a uniform policy
regarding unreimbursed expenses described in subsection (a).
SEC. 605. REPORT ON RELATIONSHIP BETWEEN BASIC ALLOWANCE FOR HOUSING
AND SIZES OF MILITARY FAMILIES.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on whether
the basic allowance for housing under section 403 of title 37, United
States Code, is sufficient for the average family size of members of
the Armed Forces, disaggregated by Armed Force, rank, and military
housing area.
SEC. 606. REPORT ON TEMPORARY LODGING EXPENSES IN COMPETITIVE HOUSING
MARKETS.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
appropriateness of the maximum payment period of 10 days under
subsection (c) of section 474a of title 37, United States Code in
highly competitive housing markets. Such report shall include how the
Secretary educates members of the Armed Forces and their families about
their ability to request payment under such section.
SEC. 607. REPORT ON RENTAL PARTNERSHIP PROGRAMS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the rental partnership
programs of the Armed Forces. Such report shall include--
(1) the numbers and percentages of members of the Armed
Forces who do not live in housing located on military
installations who participate in such programs; and
(2) the recommendation of the Secretary whether Congress
should establish annual funding for such programs and, if so,
what in amounts.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
Subtitle B--Bonuses and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2021'' and inserting ``December 31, 2022''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2021'' and inserting ``December 31, 2022''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2021''
and inserting ``December 31, 2022'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2021'' and inserting
``December 31, 2022''.
Subtitle C--Family and Survivor Benefits
SEC. 621. EXPANSION OF PARENTAL LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Expansion.--Section 701 of title 10, United States Code, is
amended--
(1) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``twelve weeks'' and inserting ``18 weeks'';
(ii) in subparagraph (B), by striking ``six
weeks'' and inserting ``12 weeks''; and
(iii) by adding at the end the following
new subparagraph:
``(C) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in paragraph (2) who
is the primary caregiver in the case of a long-term placement of a
foster child is allowed up to 12 weeks of total leave to be used in
connection with such placement, subject to limits as determined by the
Secretary regarding--
``(i) the total number of times that a member of the armed
forces may use leave under this section with respect to the
placement of a foster child; and
``(ii) the frequency with which a member of the armed
forces may use leave under this section with respect to the
placement of a foster child.'';
(B) in paragraph (5), by striking ``birth or
adoption'' and inserting ``birth, adoption, or foster
child placement''; and
(C) in paragraph (6)(A), by striking ``birth or
adoption'' and inserting ``birth, adoption, or foster
child placement'';
(2) in subsection (j)--
(A) in paragraph (1), by striking ``21 days'' and
inserting ``12 weeks'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(C) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in subsection (i)(2)
who is the secondary caregiver in the case of a long-term placement of
a foster child is allowed up to 12 weeks of total leave to be used in
connection with such placement, subject to limits as determined by the
Secretary regarding--
``(A) the total number of times that a member of the armed
forces may use leave under this section with respect to the
placement of a foster child; and
``(B) the frequency with which a member of the armed forces
may use leave under this section with respect to the placement
of a foster child.'';
(D) in paragraph (4), as redesignated, by striking
``only in one increment in connection with such birth
or adoption'' and inserting ``in more than one
increment in connection with such birth, adoption, or
foster child placement in accordance with regulations
prescribed by the Secretary of Defense''; and
(E) by adding at the end the following new
paragraph (6):
``(6) Under regulations prescribed for purposes of this subsection,
the Secretary shall provide a member of the armed forces described in
subsection (i)(2), who would have been a secondary caregiver but for a
miscarriage, stillbirth, or infant death, with leave--
``(A) in addition to leave under subsection (a); and
``(B) not to exceed the amount of leave under paragraph
(1).'';
(3) in subsection (l), by inserting ``ordered to temporary
duty overnight travel, or ordered to participate in physically
demanding field training exercises,'' before ``during''; and
(4) by adding at the end the following new subsection (m):
``(m) A member of the armed forces who gives birth while on active
duty may be required to meet body composition standards or pass a
physical fitness test during the period of 12 months beginning on the
date of such birth only with the approval of a health care provider
employed at a military medical treatment facility and--
``(1) at the election of such member; or
``(2) in the interest of national security, as determined
by the Secretary of Defense.''.
(b) Regulations; Guidance and Policies.--
(1) Regulations.--The Secretary of Defense shall prescribe
regulations--
(A) for leave under subsection (i)(1)(C) and
subsection (j)(2) of section 701 of title 10, United
States Code, as amended by subsection (a), not later
than one year after the date of the enactment of this
Act;
(B) that establish leave, consistent across the
Armed Forces, under subsection (j)(6) of such section
not later than one year after the date of the enactment
of this Act; and
(C) that establish convalescent leave, consistent
across the Armed Forces, under subsection (i)(1) of
such section not later than 180 days after the date of
the enactment of this Act.
(2) Guidance and policies.--Each Secretary of a military
department shall prescribe--
(A) policies to establish the maximum amount of
leave under subsection (i)(1) of section 701 of title
10, United States Code, as amended by subsection (a),
not later than one year after the date of the enactment
of this Act;
(B) policies to implement leave under subsection
(i)(5) or (j)(4) of such section not later than 180
days after the date of the enactment of this Act;
(C) policies to implement not less than 21 days of
leave pursuant to regulations prescribed under
paragraphs (1) and (2) of subsection (j) of such
section not later than one year after the date of the
enactment of this Act; and
(D) policies to implement the maximum amount of
leave pursuant to regulations prescribed under
paragraphs (1) and (2) of subsection (j) of such
section not later than five years after the date of the
enactment of this Act.
(c) Reporting.--Not later than January 1, 2023, and annually
thereafter, each Secretary of a military department shall submit to the
appropriate congressional committees a report containing the following:
(1) The use, during the preceding fiscal year, of leave
under subsections (i) and (j) of section 701 of title 10,
United States Code, as amended by subsection (a), disaggregated
by births, adoptions, and foster placements, including--
(A) the number of members in each Armed Force under
the jurisdiction of the Secretary who became primary
caregivers;
(B) the number of members in each Armed Force under
the jurisdiction of the Secretary who became secondary
caregivers;
(C) the number of primary caregivers who used
primary caregiver leave;
(D) the number of secondary caregivers who used
secondary caregiver leave;
(E) the number of primary caregivers who used the
maximum amount of primary caregiver leave;
(F) the number of secondary caregivers who used the
maximum amount of secondary caregiver leave;
(G) the number of primary caregivers who utilized
primary caregiver leave in multiple increments;
(H) the number of secondary caregivers who utilized
primary caregiver leave in multiple increments;
(I) the median duration of primary caregiver leave
used by primary caregivers;
(J) the median duration of secondary caregiver
leave used by secondary caregivers; and
(K) other information the Secretary determines
appropriate.
(2) An analysis of the effect of leave described in
paragraph (1) on--
(A) readiness; and
(B) retention.
(3) Any actions taken by the Secretary to mitigate negative
effects described in paragraph (2).
(4) The number of members deployed under each paragraph of
subsection (l) of section 701 of title 10, United States Code,
as amended by subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 622. TRANSITIONAL COMPENSATION AND BENEFITS FOR THE FORMER SPOUSE
OF A MEMBER OF THE ARMED FORCES WHO ALLEGEDLY COMMITTED A
DEPENDENT-ABUSE OFFENSE DURING MARRIAGE.
(a) In General.--Section 1059 of title 10, United States Code, is
amended--
(1) in the heading--
(A) by striking ``separated for'' and inserting
``who commit''; and
(B) by inserting ``; health care'' after ``exchange
benefits'';
(2) in subsection (b)--
(A) in the heading, by striking ``Punitive and
Other Adverse Actions Covered'' and inserting ``Covered
Members'';
(B) in paragraph (2), by striking ``offense.'' and
inserting ``offense; or''; and
(C) by adding at the end the following new
paragraph:
``(3) who is not described in paragraph (1) or (2) and
whose former spouse alleges that the member committed a
dependent-abuse offense--
``(A) during the marriage to the former spouse;
``(B) for which the applicable statute of
limitations has not lapsed; and
``(C) that an incident determination committee
determines meets the criteria for abuse.'';
(3) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking ``; and''
and inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of a member described in subsection
(b)(3), shall commence upon the date of the final decree of
divorce, dissolution, or annulment of that member from the
former spouse described in such subsection.''; and
(4) by adding at the end the following new subsection:
``(n) Health Care for Certain Former Spouses.--The Secretary
concerned shall treat a former spouse described in subsection (b)(3) as
an abused dependent described in section 1076(e) of this title.''.
(b) Technical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by striking the item relating to
section 1059 and inserting the following:
``1059. Dependents of members who commit dependent abuse: transitional
compensation; commissary and exchange
benefits; health care.''.
(c) Effective Date.--The amendments made by this Act shall apply to
a former spouse described in subsection (b)(3) of such section 1059, as
added by subsection (a)(2) of this section, whose final decree of
divorce, dissolution, or annulment described in subsection (e)(1)(C) of
such section 1059, as added by subsection (a)(3) of this section, is
issued on or after the date of the enactment of this Act.
SEC. 623. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS OF A
DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
``(B) If the Secretary concerned enters into an agreement
with an entity to carry out subparagraph (A), the Secretary
concerned shall pursue a claim against such entity that arises
from the failure of such entity to substantially perform such
subparagraph.
``(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing, or
destroying the personal effects of a decedent, the Secretary
concerned shall reimburse the person designated under
subsection (c) the fair market value of the damage, loss, or
destruction of such personal effects. The Secretary concerned
may request from, the person designated under subsection (c),
proof of fair market value and ownership of the personal
effects.''.
SEC. 624. SPACE-AVAILABLE TRAVEL FOR CHILDREN, SURVIVING SPOUSES,
PARENTS, AND SIBLINGS OF MEMBERS OF THE ARMED FORCES WHO
DIE WHILE SERVING IN THE ACTIVE MILITARY, NAVAL, OR AIR
SERVICE.
(a) Expansion of Eligibility.--Section 2641b(c) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Children, surviving spouses, parents, and siblings of
members of the armed forces who die while serving in the active
military, naval, or air service (as that term is defined in
section 101 of title 38).''.
(b) Related Instruction.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall revise
Department of Defense Instruction 4515.13 to ensure that individuals
eligible for space-available travel on aircraft of the Department under
paragraph (6) of such section, as amended by subsection (a), are placed
in a category of travellers not lower than category V.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
ATTEND THE FUNERAL AND MEMORIAL SERVICES OF MEMBERS.
Section 452(b) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(18) Presence of family members at the funeral and
memorial services of members.''.
SEC. 626. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO
MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD CARE.
Section 589(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may carry out the pilot program at other
locations the Secretary determines appropriate.''.
SEC. 627. CONTINUATION OF PAID PARENTAL LEAVE FOR A MEMBER OF THE ARMED
FORCES UPON DEATH OF CHILD.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall amend the regulations prescribed
pursuant to subsections (i) and (j) of section 701 of title 10, United
States Code, to ensure that paid parental leave that has already been
approved for a member of the Armed Forces who is a primary or secondary
caregiver (as defined under such regulations) may not be terminated
upon the death of the child for whom such leave is taken.
SEC. 628. CASUALTY ASSISTANCE PROGRAM: REFORM; ESTABLISHMENT OF WORKING
GROUP.
(a) Casualty Assistance Reform Working Group.--
(1) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a working group to be known as the ``Casualty
Assistance Reform Working Group'' (in this section referred to
as the ``Working Group'').
(2) Duties.--The Working Group shall perform the following
duties:
(A) Create standards and training for CAOs across
the military departments.
(B) Explore the possibility of establishing a
unique badge designation for--
(i) CAOs who have performed CAO duty more
than five times; or
(ii) professional CAOs.
(C) Commission a 30-day study that--
(i) documents the current workflow of
casualty affairs support across the military
departments, including administrative processes
and survivor engagements; and
(ii) performs a gap analysis and solution
document that clearly identifies and
prioritizes critical changes to modernize and
professionalize the casualty experience for
survivors.
(D) Review the organization of the Office of
Casualty, Mortuary Affairs and Military Funeral Honors
to ensure it is positioned to coordinate policy and
assist in all matters under its jurisdiction, across
the Armed Forces, including any potential intersections
with the Defense Prisoner of War and Missing in Action
Accounting Agency.
(E) Explore the establishment of--
(i) an annual meeting, led by the Secretary
of Defense, with gold star families; and
(ii) a surviving and gold star family
leadership council.
(F) Recommend improvements to the family
notification process of Arlington National Cemetery.
(G) Explore the redesign of the Days Ahead Binder,
including creating an electronic version.
(H) Consider the expansion of the DD Form 93 to
include more details regarding the last wishes of the
deceased member.
(I) Assess coordination between the Department of
Defense and the Office of Survivors Assistance of the
Department of Veterans Affairs.
(3) Membership.--The membership of the Working Group shall
be comprised of the following:
(A) The Under Secretary of Defense for Personnel
and Readiness, who shall serve as Chair of the Working
Group.
(B) One individual from each Armed Force, appointed
by the Secretary of the military department concerned,
who is--
(i) a civilian employee in the Senior
Executive Service; or
(ii) an officer in a grade higher than O-6.
(C) One individual from the Joint Staff, appointed
by the Secretary of Defense, who is--
(i) a civilian employee in the Senior
Executive Service; or
(ii) an officer in a grade higher than O-6.
(D) The Director of the Defense Prisoner of War and
Missing in Action Accounting Agency.
(E) The Director of the Defense Health Agency (or
the designee of such Director).
(F) The Chief of Chaplains of each Armed Force.
(G) Such other members of the Armed Forces or
civilian employees of the Department of Defense whom
the Secretary of Defense determines to appoint.
(4) Report.--Not later than September 30, 2022, the Working
Group shall submit to the Secretary of Defense a report
containing the determinations and recommendations of the
Working Group.
(5) Termination.--The Working Group shall terminate upon
submission of the report under paragraph (4).
(b) Report Required.--Not later than November 1, 2022, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report setting forth
the results of a review and assessment of the casualty assistance
officer program, including the report of the Working Group.
(c) Establishment of Certain Definitions.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries of the military departments, shall
prescribe regulations that establish standard definitions, for use
across the military departments, of the terms ``gold star family'' and
``gold star survivor''.
(d) CAO Defined.--In this section, the term ``CAO'' means a
casualty assistance officer of the Armed Forces.
Subtitle D--Defense Resale Matters
SEC. 631. ADDITIONAL SOURCES OF FUNDS AVAILABLE FOR CONSTRUCTION,
REPAIR, IMPROVEMENT, AND MAINTENANCE OF COMMISSARY
STORES.
Section 2484(h) of title 10, United States Code, is amended--
(1) in paragraph (5), by adding at the end the following
new subparagraphs:
``(F) Amounts made available for any purpose set forth in
paragraph (1) pursuant to an agreement with a host nation.
``(G) Amounts appropriated for repair or reconstruction of
a commissary store in response to a disaster or emergency.'';
and
(2) by adding at the end the following new paragraph:
``(6) Revenues made available under paragraph (5) for the purposes
set forth in paragraphs (1), (2), and (3) may be supplemented with
additional funds derived from--
``(A) improved management practices implemented pursuant to
sections 2481(c)(3), 2485(b), and 2487(c) of this title; and
``(B) the variable pricing program implemented pursuant to
subsection (i).''.
Subtitle E--Miscellaneous Rights and Benefits
SEC. 641. ELECTRONIC OR ONLINE NOTARIZATION FOR MEMBERS OF THE ARMED
FORCES.
Section 1044a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e)(1) A person named in subsection (b) may exercise the powers
described in subsection (a) through electronic or online means,
including under circumstances where the individual with respect to whom
such person is performing the notarial act is not physically present in
the same location as such person.
``(2) A determination of the authenticity of a notarial act
authorized in this section shall be made without regard to whether the
notarial act was performed through electronic or online means.
``(3) A log or journal of a notarial act authorized in this section
shall be considered for evidentiary purposes without regard to whether
the log or journal is in electronic or online form.''.
SEC. 642. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING, AND
INTERNET ACCESS SERVICE CONTRACTS BY SERVICEMEMBERS WHO
ENTER INTO CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR
PERMANENT CHANGE OF STATION BUT THEN RECEIVE STOP
MOVEMENT ORDERS DUE TO AN EMERGENCY SITUATION.
(a) In General.--Section 305A(a)(1) of the Servicemembers Civil
Relief Act (50 U.S.C. 3956) is amended--
(1) by striking ``after the date the servicemember receives
military orders to relocate for a period of not less than 90
days to a location that does not support the contract.'' and
inserting ``after--''; and
(2) by adding at the end the following new subparagraphs:
``(A) the date the servicemember receives military
orders to relocate for a period of not less than 90
days to a location that does not support the contract;
or
``(B) the date the servicemember, while in military
service, receives military orders for a permanent
change of station, thereafter enters into the contract,
and then after entering into the contract receives a
stop movement order issued by the Secretary of Defense
in response to a local, national, or global emergency,
effective for an indefinite period or for a period of
not less than 30 days, which prevents the servicemember
from using the services provided under the contract.''.
(b) Retroactive Application.--The amendments made by this section
shall apply to stop movement orders issued on or after March 1, 2020.
SEC. 643. SPACE AVAILABLE TRAVEL FOR MEMBERS OF THE ARMED FORCES TO
ATTEND FUNERALS AND MEMORIAL SERVICES.
The Secretary of Defense shall modify the space available travel
program established pursuant to section 2641b of title 10, United
States Code, to include, as authorized category II travel, space
available travel for a member of the Armed Forces when the primary
purpose of the member's travel is to attend a funeral or memorial
service.
SEC. 644. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM.
Section 805 of the Federal Lands Recreation Enhancement Act (Public
Law 108-447; 118 Stat. 3385; 16 U.S.C. 6804) is amended--
(1) in subsection (a)(4), by striking ``age and disability
discounted'' and inserting ``age discount and lifetime''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Discounted'' and
inserting ``Free and Discounted'';
(B) in paragraph (2)--
(i) in the heading, by striking
``Disability discount'' and inserting
``Lifetime passes''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Any veteran who provides adequate proof of
military service as determined by the Secretary.
``(C) Any member of a Gold Star Family who meets
the eligibility requirements of section 3.2 of
Department of Defense Instruction 1348.36 (or a
successor instruction).''; and
(C) in paragraph (3)--
(i) in the heading, by striking ``Gold star
families parks pass'' and inserting ``Annual
passes''; and
(ii) by striking ``members of'' and all
that follows through the end of the sentence
and inserting ``members of the Armed Forces and
their dependents who provide adequate proof of
eligibility for such pass as determined by the
Secretary.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENT OF POSTPARTUM CARE FOR CERTAIN MEMBERS OF THE
ARMED FORCES AND DEPENDENTS.
(a) Postpartum Care for Certain Members and Dependents.--
(1) Postpartum care.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074o the following
new section:
``Sec. 1074p. Postpartum care for certain members and dependents
``(a) Postpartum Mental Health Assessments.--(1) At the intervals
described in paragraph (2), and upon the consent of the covered
individual, the Secretary shall furnish to a covered individual
postpartum mental health assessments, which shall include screening
questions related to postpartum anxiety and postpartum depression.
``(2) The intervals described in this subparagraph are, with
respect to the date on which the covered individual gives birth, as
follows:
``(A) One month after such date.
``(B) Two months after such date.
``(C) Four months after such date.
``(D) Six months after such date.
``(3) The Secretary may adjust the intervals described in paragraph
(2) as the Secretary determines appropriate, taking into account the
recommendations of established professional medical associations such
as the American Academy of Pediatrics.
``(4) Postpartum mental health assessments furnished under
paragraph (1) may be provided concurrently with the well-child visits
for the infant of the covered individual, including with respect to the
initial well-child visit specified in subsection (c).
``(b) Pelvic Health.--(1) Prior to the initial postpartum discharge
of a covered individual from the military medical treatment facility at
which the covered individual gave birth, the Secretary shall furnish to
the covered individual a medical evaluation for pelvic health.
``(2) The Secretary shall ensure that if, as the result of an
evaluation furnished pursuant to paragraph (1), the health care
provider who provided such evaluation determines that physical therapy
for pelvic health (including the pelvic floor) is appropriate, a
consultation for such physical therapy is provided upon discharge and
in connection with a follow-up appointment of the covered individual
for postpartum care that occurs during the period that is six to eight
weeks after the date on which the covered individual gives birth.
``(3) Consultations offered pursuant to paragraph (2) shall be
conducted in-person wherever possible, but if the Secretary determines
that a covered individual for whom the consultation is offered is
located in a geographic area with an inadequate number of physical
therapists or health professionals trained in providing such
consultations, the consultation may be provided through a telehealth
appointment.
``(c) Concurrent Scheduling of Certain Appointments.--The Secretary
shall ensure that there is provided within each military medical
treatment facility an option for any covered individual who has given
birth at the facility, and who is eligible to receive care at the
facility, to schedule a follow-up appointment for postpartum care of
the covered individual that is concurrent with the date of the initial
well-child visit for the infant of the covered individual.
``(d) Definitions.--In this section:
``(1) The term `covered individual' means a member of the
armed forces (including the reserve components) performing
active service, or a dependent of such member, who is entitled
to medical care under this chapter.
``(2) The term `well-child visit' means a regularly
scheduled medical appointment with a pediatrician for the
general health and development of a child, as recommended by
the American Academy of Pediatrics or a similarly established
professional medical association.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074o the following new item:
``1074p. Postpartum care for certain members and dependents.''.
(3) Effective date and applicability.--The amendments made
by this subsection shall take effect on the date of the
enactment of this Act and shall apply with respect to births
that occur on or after the date that is six months after the
date of the enactment of this Act.
(b) Standardized Policies.--Not later than after 180 days after the
date of the enactment of this Act, the Secretary of Defense shall--
(1) develop a standardized policy under which neither a
member of the Armed Forces who gives birth while on active
duty, nor a member of the reserve components who gives birth
(regardless of whether such birth occurs while the member of
the reserve components is performing active service), may be
required to take a physical fitness test until the date that is
one year after the date on which such member gave birth;
(2) develop a standardized policy for postpartum body
composition assessments with respect to such members; and
(3) ensure the policies developed under paragraphs (1) and
(2) are implemented uniformly across each of the Armed Forces.
(c) Pilot Program to Streamline Postpartum Appointments.--
(1) Pilot program.--The Secretary shall carry out a one-
year pilot program to further streamline the process of
scheduling postpartum appointments at military medical
treatment facilities by reducing the number of distinct visits
required for such appointments.
(2) Streamlining of appointments.--In carrying out the
pilot program under paragraph (1), the Secretary shall ensure
that there is provided within each military medical treatment
facility selected under paragraph (3) an option for covered
individuals who have recently given birth at the facility, and
who are eligible to receive care at the facility, to receive a
physical therapy evaluation in connection with each appointment
provided by the facility for postpartum care of the covered
individual or for care of the infant of the covered individual,
including such appointments provided concurrently pursuant to
section 1074p(c) of title 10, United 25 States Code (as added
by subsection (a)).
(3) Selection.--The Secretary shall select not fewer than
three military medical treatment facilities from each military
department at which to carry out the pilot program under
paragraph (1). In making such selection--
(A) the Secretary may not select a military medical
treatment facility that already provides covered
individuals with the option to receive a physical
therapy evaluation as specified in paragraph (2); and
(B) the Secretary shall ensure geographic diversity
with respect to the location of the military medical
treatment facilities, including by considering for
selection military medical treatment facilities located
outside of the United States.
(4) Report.--Not later than one year after the commencement
of the pilot program under paragraph (1), the Secretary shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the effectiveness of
the pilot program. Such report shall include--
(A) a recommendation by the Secretary on whether to
expand or extend the pilot program; and
(B) a summary of the findings that led to such
recommendation.
(5) Covered individual defined.--In this subsection, the
term ``covered individual'' has the meaning given such term in
section 1074p(d) of title 10, United States Code (as added by
subsection (a)).
(d) Pelvic Health at Military Medical Treatment Facilities.--The
Secretary shall take such steps as are necessary to increase the
capacity of military medical treatment facilities to provide pelvic
health rehabilitation services, including by increasing the number of
physical therapists employed at such facilities who are trained in
pelvic health rehabilitation.
(e) Review of Pelvic Health Rehabilitation Programs.--
(1) Review.--The Secretary shall conduct a review of any
current pelvic health rehabilitation programs of the Department
of Defense, including an evaluation of the outcomes of any such
programs.
(2) Report.--Not later than nine months after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the findings of the review
under paragraph (1).
(f) Guidance on Obstetric Hemorrhage Treatment.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
issue guidance on the development and implementation of standard
protocols across the military health system for the treatment of
obstetric hemorrhages, including through the use of pathogen reduced
resuscitative blood products.
SEC. 702. EATING DISORDERS TREATMENT FOR CERTAIN MEMBERS OF THE ARMED
FORCES AND DEPENDENTS.
(a) Eating Disorders Treatment for Certain Dependents.--Section
1079 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(18) Treatment for eating disorders may be provided in
accordance with subsection (r).''; and
(2) by adding at the end the following new subsection:
``(r)(1) The provision of health care services for an eating
disorder under subsection (a)(18) shall include the following services:
``(A) Inpatient services, including residential services.
``(B) Outpatient services for in-person or telehealth care,
including partial hospitalization services and intensive
outpatient services.
``(2) A dependent may be provided health care services for an
eating disorder under subsection (a)(18) without regard to--
``(A) the age of the dependent, except with respect to
residential services under paragraph (1)(A), which may be
provided only to a dependent who is not eligible for hospital
insurance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.); and
``(B) whether the eating disorder is the primary or
secondary diagnosis of the dependent.
``(3) In this section, the term `eating disorder' has the meaning
given the term `feeding and eating disorders' in the Diagnostic and
Statistical Manual of Mental Disorders, 5th Edition (or successor
edition), published by the American Psychiatric Association.''.
(b) Limitation With Respect to Retirees.--
(1) In general.--Section 1086(a) of title 10, Untied States
Code, is amended by inserting ``and (except as provided in
subsection (i)) treatments for eating disorders'' after ``eye
examinations''.
(2) Exception.--Such section is further amended by adding
at the end the following new subsection:
``(i) If, prior to October 1, 2022, a category of persons covered
by this section was eligible to receive a specific type of treatment
for eating disorders under a plan contracted for under subsection (a),
the general prohibition on the provision of treatments for eating
disorders specified in such subsection shall not apply with respect to
the provision of the specific type of treatment to such category of
persons.''.
(c) Identification and Treatment of Eating Disorders for Members of
the Armed Forces.--
(1) In general.--Section 1090 of title 10, United States
Code, is amended--
(A) in the heading, by inserting ``eating disorders
and'' after ``treating'';
(B) by striking ``The Secretary of Defense'' and
inserting the following:
``(a) Identification and Treatment of Eating Disorders and Drug and
Alcohol Dependence.--Except as provided in subsection (b), the
Secretary of Defense'';
(C) by inserting ``have an eating disorder or''
before ``are dependent on drugs or alcohol''; and
(D) by adding at the end the following new
subsections:
``(b) Facilities Available to Individuals With Eating Disorders.--
For purposes of this section, `necessary facilities' described in
subsection (a) shall include, with respect to individuals who have an
eating disorder, facilities that provide the services specified in
section 1079(r)(1) of this title.
``(c) Eating Disorder Defined.--In this section, the term `eating
disorder' has the meaning given that term in section 1079(r) of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 10, United States Code, is
amended by striking the item relating to section 1090 and
inserting the following new item:
``1090. Identifying and treating eating disorders and drug and alcohol
dependence.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2022.
SEC. 703. MODIFICATIONS RELATING TO COVERAGE OF TELEHEALTH SERVICES
UNDER TRICARE PROGRAM AND OTHER MATTERS.
(a) Coverage of Telehealth Services Under TRICARE Program During
Certain Health Emergencies.--
(1) Coverage during health emergencies.--Chapter 55 of
title 10, United States Code, is amended by inserting after
section 1076f the following new section:
``Sec. 1076g. TRICARE program: coverage of telehealth services during
certain health emergencies
``(a) Telehealth Coverage Requirements.--During a covered health
emergency--
``(1) no cost sharing amount (including copayments and
deductibles, as applicable) may be charged under the TRICARE
program to a covered beneficiary for a telehealth service;
``(2) telehealth appointments that involve audio
communication shall be considered to be telehealth appointments
for purposes of coverage under the TRICARE program,
notwithstanding that such appointments do not involve video
communication; and
``(3) the Secretary of Defense may reimburse providers of
telehealth services under the TRICARE program for the provision
of such services to covered beneficiaries regardless of whether
the provider is licensed in the State in which the covered
beneficiary is located.
``(b) Application to Overseas Providers.--Subsection (a)(3) shall
apply with respect to a provider located in a foreign country if the
provider holds a license to practice that is determined by the
Secretary to be an equivalent to a U.S. license and the provider is
authorized to practice by the respective foreign government.
``(c) Extension.--The Secretary may extend the coverage
requirements under subsection (a) for a period of time after the date
on which a covered health emergency terminates, as determined
appropriate by the Secretary.
``(d) Covered Health Emergency Defined.--In this section, the term
`covered health emergency' means a national emergency or disaster
related to public health that is declared pursuant to the National
Emergencies Act (50 U.S.C. 1601 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
section 319 of the Public Health Service Act (42 U.S.C. 247d), or any
other Federal law determined relevant by the Secretary.''.
(2) Clerical amendment.--Such chapter is further amended in
the table of sections by inserting after the item relating to
section 1076f the following new item:
``1076g. TRICARE program: coverage of telehealth services during
certain health emergencies.''.
(3) Application and extension for covid-19.--
(A) Application.--The amendments made by paragraph
(1) shall apply with respect to the emergency declared
by the President on March 13, 2020, pursuant to section
501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)) with
respect to the coronavirus disease 2019 (COVID-19).
(B) Extension.--The Secretary shall extend the
telehealth coverage requirements pursuant to section
1074g(c) of title 10, United States Code, as added by
paragraph (1), until the date that is 180 days after
the date on which the emergency specified in
subparagraph (A) terminates.
(b) Pilot Program to Place Certain Retired Members of the Armed
Forces in the Ready Reserve; Pay.--
(1) Authority.--
(A) In general.--Notwithstanding section 10145 of
title 10, United States Code, the Secretary of a
military department may prescribe regulations to carry
out a pilot program under which a retired member of a
regular component of the Armed Forces entitled to
retired pay may be placed in the Ready Reserve if the
Secretary concerned--
(i) determines that the retired member has
more than 20 years of creditable service in
that regular component; and
(ii) makes a special finding that the
member possesses a skill in which the Ready
Reserve of the Armed Force concerned has a
critical shortage of personnel.
(B) Limitation on delegation.--The authority of the
Secretary concerned under subparagraph (A) may not be
delegated--
(i) to a civilian officer or employee of
the military department concerned below the
level of Assistant Secretary; or
(ii) to a member of the Armed Forces below
the level of the lieutenant general or vice
admiral in an Armed Force with responsibility
for military personnel policy in that Armed
Force.
(2) Pay for duties performed in the ready reserve in
addition to retired pay.--Notwithstanding section 12316 of such
title 10, a member placed in the Ready Reserve under paragraph
(1) may receive--
(A) retired pay; and
(B) the pay and allowances authorized by law for
duty that member performs.
(3) Termination.--A pilot program under this subsection
shall terminate not later than four years after the date of the
enactment of this Act.
(4) Report.--Not later than 90 days after a pilot program
terminates under paragraph (3), the Secretary concerned shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report regarding such pilot program,
including the recommendation of the Secretary concerned whether
such pilot program should be made permanent.
(c) Survivor Benefit Plan Open Enrollment Period.--
(1) Persons not currently participating in survivor benefit
plan.--
(A) Election of sbp coverage.--An eligible retired
or former member may elect to participate in the
Survivor Benefit Plan during the open enrollment period
specified in paragraph (4).
(B) Eligible retired or former member.--For
purposes of subparagraph (A), an eligible retired or
former member is a member or former member of the
uniformed services who, on the day before the first day
of the open enrollment period, discontinued
participation in the Survivor Benefit Plan under
section 1452(g) of title 10, United States Code, and--
(i) is entitled to retired pay; or
(ii) would be entitled to retired pay under
chapter of title 10, United States Code (or
chapter 67 of such title as in effect before
October 5, 1994), but for the fact that such
member or former member is under 60 years of
age.
(C) Status under sbp of persons making elections.--
(i) Standard annuity.--A person making an
election under subparagraph (A) by reason of
eligibility under subparagraph (B)(i) shall be
treated for all purposes as providing a
standard annuity under the Survivor Benefit
Plan.
(ii) Reserve-component annuity.--A person
making an election under subparagraph (A) by
reason of eligibility under subparagraph
(B)(ii) shall be treated for all purposes as
providing a reserve-component annuity under the
Survivor Benefit Plan.
(2) Manner of making elections.--
(A) In general.--An election under this subsection
must be made in writing, signed by the person making
the election, and received by the Secretary concerned
before the end of the open enrollment period. Except as
provided in subparagraph (B), any such election shall
be made subject to the same conditions, and with the
same opportunities for designation of beneficiaries and
specification of base amount, that apply under the
Survivor Benefit Plan. A person making an election
under paragraph (1) to provide a reserve-component
annuity shall make a designation described in section
1448(e) of title 10, United States Code.
(B) Election must be voluntary.--An election under
this subsection is not effective unless the person
making the election declares the election to be
voluntary. An election to participate in the Survivor
Benefit Plan under this subsection may not be required
by any court. An election to participate or not to
participate in the Survivor Benefit Plan is not subject
to the concurrence of a spouse or former spouse of the
person.
(3) Effective date for elections.--Any such election shall
be effective as of the first day of the first calendar month
following the month in which the election is received by the
Secretary concerned.
(4) Open enrollment period defined.--The open enrollment
period is the period beginning on the date of the enactment of
this Act and ending on January 1, 2023.
(5) Applicability of certain provisions of law.--The
provisions of sections 1449, 1453, and 1454 of title 10, United
States Code, are applicable to a person making an election, and
to an election, under this subsection in the same manner as if
the election were made under the Survivor Benefit Plan.
(6) Premiums for open enrollment election.--
(A) Premiums to be charged.--The Secretary of
Defense shall prescribe in regulations premiums which a
person electing under this subsection shall be required
to pay for participating in the Survivor Benefit Plan
pursuant to the election. The total amount of the
premiums to be paid by a person under the regulations
shall be equal to the sum of--
(i) the total amount by which the retired
pay of the person would have been reduced
before the effective date of the election if
the person had elected to participate in the
Survivor Benefit Plan (for the same base amount
specified in the election) at the first
opportunity that was afforded the member to
participate under chapter 73 of title 10,
United States Code;
(ii) interest on the amounts by which the
retired pay of the person would have been so
reduced, computed from the dates on which the
retired pay would have been so reduced at such
rate or rates and according to such methodology
as the Secretary of Defense determines
reasonable; and
(iii) any additional amount that the
Secretary determines necessary to protect the
actuarial soundness of the Department of
Defense Military Retirement Fund against any
increased risk for the fund that is associated
with the election.
(B) Premiums to be credited to retirement fund.--
Premiums paid under the regulations shall be credited
to the Department of Defense Military Retirement Fund.
(7) Definitions.--In this subsection:
(A) The term ``Survivor Benefit Plan'' means the
program established under subchapter II of chapter 73
of title 10, United States Code.
(B) The term ``retired pay'' includes retainer pay
paid under section 8330 of title 10, United States
Code.
(C) The terms ``uniformed services'' and
``Secretary concerned'' have the meanings given those
terms in section 101 of title 37, United States Code.
(D) The term ``Department of Defense Military
Retirement Fund'' means the Department of Defense
Military Retirement Fund established under section
1461(a) of title 10, United States Code.
SEC. 704. MODIFICATIONS TO PILOT PROGRAM ON HEALTH CARE ASSISTANCE
SYSTEM.
Section 731(d) of the National Defense Authorization Act for Fiscal
Year 2018 (10 U.S.C. 1075 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``January 1, 2021'' and inserting ``November 1, 2022'';
(2) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting
``; and''; and
(4) by adding at the end the following new paragraph:
``(3) input from covered beneficiaries who have
participated in the pilot program regarding their satisfaction
with, and any benefits attained from, such participation.''.
SEC. 705. TEMPORARY REQUIREMENT FOR CONTRACEPTION COVERAGE PARITY UNDER
THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall ensure that, during
the one-year period beginning on the date that is 30 days after the
date of the enactment of the Act, the imposition or collection of cost-
sharing for certain services is prohibited as follows:
(1) Pharmacy benefits program.--Notwithstanding
subparagraphs (A), (B), and (C), of section 1074g(a)(6) of
title 10, United States Code, cost-sharing may not be imposed
or collected with respect to any eligible covered beneficiary
for any prescription contraceptive on the uniform formulary
provided through a retail pharmacy described in section
1074(a)(2)(E)(ii) of such title or through the national mail-
order pharmacy program of the TRICARE Program.
(2) TRICARE select.--Notwithstanding any provision under
section 1075 of title 10, United States Code, cost-sharing may
not be imposed or collected with respect to any beneficiary
under such section for a covered service that is provided by a
network provider under the TRICARE program.
(3) TRICARE prime.--Notwithstanding subsections (a), (b),
and (c) of section 1075a of title 10, United States Code, cost-
sharing may not be imposed or collected with respect to any
beneficiary under such section for a covered service that is
provided under TRICARE Prime.
(b) Definitions.--In this section:
(1) The term ``covered service'' means any method of
contraception approved by the Food and Drug Administration, any
contraceptive care (including with respect to insertion,
removal, and follow up), any sterilization procedure, or any
patient education or counseling service provided in connection
with any such method, care, or procedure.
(2) The term ``eligible covered beneficiary'' has the
meaning given such term in section 1074g of title 10, United
States Code.
(3) The terms ``TRICARE Program'' and ``TRICARE Prime''
have the meaning given such terms in section 1072 of title 10,
United States Code.
SEC. 706. AVAILABILITY OF CERTAIN PRECONCEPTION AND PRENATAL CARRIER
SCREENING TESTS UNDER THE TRICARE PROGRAM.
(a) Tests Available.--Section 1079(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(18) Preconception and prenatal carrier screening tests
shall be provided to covered beneficiaries upon the request of
the beneficiary, with a limit per beneficiary of one test per
condition per lifetime, for the following conditions:
``(A) Cystic Fibrosis.
``(B) Spinal Muscular Atrophy.
``(C) Fragile X Syndrome.
``(D) Tay-Sachs Disease.
``(E) Hemoglobinopathies.
``(F) Conditions linked with Ashkenazi Jewish
descent.''.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a report
identifying the number of beneficiaries under the TRICARE
program who have received a screening test under section
1079(a)(18) of title 10, United States Code, as added by
subsection (a), disaggregated by type of beneficiary and
whether the test was provided under the direct care or
purchased care component of the TRICARE program.
(2) TRICARE program defined.--In this subsection, the term
``TRICARE program'' has the meaning given such term in section
1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF CERTAIN DEFENSE HEALTH AGENCY ORGANIZATION
REQUIREMENTS.
Section 1073c(c)(5) of title 10, United States Code, is amended by
striking ``paragraphs (1) through (4)'' and inserting ``paragraph (3)
or (4)''.
SEC. 712. REQUIREMENT FOR CONSULTATIONS RELATED TO MILITARY MEDICAL
RESEARCH AND DEFENSE HEALTH AGENCY RESEARCH AND
DEVELOPMENT.
(a) Consultations Required.--Section 1073c of title 10, United
States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Consultations on Medical Research of Military Departments.--
In implementing subsection (e)(1) (and on an ongoing basis after the
establishment of the Defense Health Agency Research and Development
pursuant to such subsection), the Secretary of Defense, acting through
the Secretaries of the military departments, shall ensure that periodic
consultations are carried out within each military department regarding
the plans and requirements for military medical research organizations
and activities of the military department.''.
(b) Requirements for Initial Consultations.--The Secretary of
Defense shall ensure that initial consultations under section 1073c(f)
of title 10, United States Code (as added by subsection (a)), are
carried out prior to the establishment of the Defense Health Agency
Research and Development and address--
(1) the plans of each military department to ensure a
comprehensive transition of any military medical research
organizations of the military department with respect to the
establishment of the Defense Health Agency Research and
Development; and
(2) any risks involved in such transition that may
compromise ongoing medical research and development activities
of the military department.
SEC. 713. AUTHORIZATION OF PROGRAM TO PREVENT FRAUD AND ABUSE IN THE
MILITARY HEALTH SYSTEM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073e the following new section:
``Sec. 1073f. Health care fraud and abuse prevention program
``(a) Program Authorized.--(1) The Secretary of Defense may carry
out a program under this section to prevent and remedy fraud and abuse
in the health care programs of the Department of Defense.
``(2) At the discretion of the Secretary, such program may be
administered jointly by the Inspector General of the Department of
Defense and the Director of the Defense Health Agency.
``(3) In carrying out such program, the authorities granted to the
Secretary of Defense and the Inspector General of the Department of
Defense under section 1128A(m) of the Social Security Act (42 U.S.C.
1320a-7a(m)) shall be available to the Secretary and the Inspector
General.
``(b) Civil Monetary Penalties.--(1) Except as provided in
paragraph (2), the provisions of section 1128A of the Social Security
Act (42 U.S.C. 1320a-7a) shall apply with respect to any civil monetary
penalty imposed in carrying out the program authorized under subsection
(a).
``(2) Consistent with section 1079a of this title, amounts
recovered in connection with any such civil monetary penalty imposed--
``(A) shall be credited to appropriations available as of
the time of the collection for expenses of the health care
program of the Department of Defense affected by the fraud and
abuse for which such penalty was imposed; and
``(B) may be used to support the administration of the
program authorized under subsection (a), including to support
any interagency agreements entered into under subsection (d).
``(c) Interagency Agreements.--The Secretary of Defense may enter
into agreements with the Secretary of Health and Human Services, the
Attorney General, or the heads of other Federal agencies, for the
effective and efficient implementation of the program authorized under
subsection (a).
``(d) Rule of Construction.--Joint administration of the program
authorized under subsection (a) may not be construed as limiting the
authority of the Inspector General of the Department of Defense under
any other provision of law.
``(e) Fraud and Abuse Defined.--In this section, the term `fraud
and abuse' means any conduct specified in subsection (a) or (b) of
section 1128A of the Social Security Act (42 U.S.C. 1320a-7a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1073e the following new item:
``1073f. Health care fraud and abuse prevention program.''.
SEC. 714. MANDATORY REFERRAL FOR MENTAL HEALTH EVALUATION.
Section 1090a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Process Applicable to Member Disclosure.--The regulations
required by subsection (a) shall--
``(1) establish a phrase that enables a member of the armed
forces to trigger a referral of the member by a commanding
officer or supervisor for a mental health evaluation;
``(2) require a commanding officer or supervisor to make
such referral as soon as practicable following disclosure by
the member to the commanding officer or supervisor of the
phrase established under paragraph (1); and
``(3) ensure that the process protects the confidentiality
of the member in a manner similar to the confidentiality
provided for members making restricted reports under section
1565b(b) of this title.''.
SEC. 715. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES AS COMPONENT OF PERIODIC HEALTH ASSESSMENTS.
(a) Periodic Health Assessment.--Each Secretary concerned shall
ensure that any periodic health assessment provided to a member of the
Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a military installation
identified by the Secretary concerned as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
(2) exposed to such substances, including by evaluating any
information in the health record of the member.
(b) Separation History and Physical Examinations.--Section 1145 of
title 10, United States Code, is amended--
(1) in subsection (a)(5), by adding at the end the
following new subparagraph:
``(D) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an assessment
of whether the member was--
``(i) based or stationed at a military installation
identified by the Secretary concerned as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''; and
(2) by adding at the end the following new subsection:
``(g) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' has the meaning given such term in section 101 of
this title (and otherwise includes the Secretary of the department in
which the Coast Guard is operating).''.
(c) Deployment Assessments.--Section 1074f of title 10, United
States Code, is amended--
(1) in subsection (b)(2), by adding at the end the
following new subparagraph:
``(E) An assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Secretary concerned as a location
with a known or suspected release of perfluoroalkyl
substances or polyfluoroalkyl substances during the
period in which the member was based or stationed at
the military installation; or
``(ii) exposed to such substances, including by
assessing any information in the health record of the
member.''; and
(2) by adding at the end the following new subsection:
``(h) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' has the meaning given such term in section 101 of
this title (and otherwise includes the Secretary of the department in
which the Coast Guard is operating).''.
(d) Provision of Blood Testing to Determine Exposure to
Perfluoroalkyl Substances or Polyfluoroalkyl Substances.--
(1) Provision of blood testing.--
(A) In general.--If a covered evaluation of a
member of the Armed Forces results in a positive
determination of potential exposure to perfluoroalkyl
substances or polyfluoroalkyl substances, the Secretary
concerned shall provide to that member, during the
covered evaluation, blood testing to determine and
document potential exposure to such substances.
(B) Inclusion in health record.--The results of
blood testing of a member of the Armed Forces conducted
under subparagraph (A) shall be included in the health
record of the member.
(2) Definitions.--In this section:
(A) The term ``covered evaluation'' means--
(i) a periodic health assessment conducted
in accordance with subsection (a);
(ii) a separation history and physical
examination conducted under section 1145(a)(5)
of title 10, United States Code, as amended by
subsection (b); or
(iii) a deployment assessment conducted
under section 1074f(b)(2) of such title, as
amended by subsection (c).
(B) The term ``Secretary concerned'' has the
meaning given such term in section 101 of title 10,
United States Code (and otherwise includes the
Secretary of the department in which the Coast Guard is
operating).
SEC. 716. PROHIBITION ON ADVERSE PERSONNEL ACTIONS TAKEN AGAINST
CERTAIN MEMBERS OF THE ARMED FORCES BASED ON DECLINING
COVID-19 VACCINE.
(a) Findings.--Congress finds the following:
(1) The Secretary of Defense has announced a COVID-19
vaccine mandate will take effect for the Department of Defense
(2) Many Americans have reservations about taking a vaccine
that has only been available for less than a year.
(3) Reports of adverse actions being taken, or threatened,
by military leadership at all levels are antithetical to our
fundamental American values.
(4) Any discharge other than honorable denotes a
dereliction of duty or a failure to serve the United States and
its people to the best of the ability of an individual.
(b) Prohibition.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1107a the following new section:
``Sec. 1107b. Prohibition on certain adverse personnel actions related
to COVID-19 vaccine requirement
``(a) Prohibition.--Notwithstanding any other provision of law, a
member of an Armed Force under the jurisdiction of the Secretary of a
military department subject to discharge on the basis of the member
choosing not to receive the COVID-19 vaccine may only receive an
honorable discharge.
``(b) Member of an Armed Force Defined.--In this section, the term
`member of an Armed Force' means a member of the Army, Navy, Air Force,
Marine Corps, or the Space Force.''.
(c) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 1107a the
following new item:
``1107b. Prohibition on certain adverse personnel actions related to
COVID-19 vaccine requirement''.
SEC. 717. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO TRACK AND
RECORD INFORMATION ON VACCINE ADMINISTRATION.
(a) Establishment of System.--Section 1110 of title 10, United
States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting after the heading the following new
subsection:
``(a) System to Track and Record Vaccine Information.--(1) The
Secretary of Defense, in coordination with the Secretaries of the
military departments, shall establish a system to track and record the
following information:
``(A) Each vaccine administered by a health care provider
of the Department of Defense to a member of an armed force
under the jurisdiction of the Secretary of a military
department.
``(B) Any adverse reaction of the member related to such
vaccine.
``(C) Each refusal of a vaccine by such a member on the
basis that the vaccine is being administered by a health care
provider of the Department pursuant to an emergency use
authorization granted by the Commissioner of Food and Drugs
under section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3).
``(2) In carrying out paragraph (1), the Secretary of Defense shall
ensure that--
``(A) any electronic health record maintained by the
Secretary for a member of an armed force under the jurisdiction
of the Secretary of a military department is updated with the
information specified in such paragraph with respect to the
member; and
``(B) any collection, storage, or use of such information
is conducted through means involving such cyber protections as
the Secretary determines necessary to safeguard the personal
information of the member.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in the heading by striking ``Anthrax vaccine
immunization program; procedures for exemptions and monitoring
reactions'' and inserting ``System for tracking and recording
vaccine information; anthrax vaccine immunization program'';
and
(2) in subsection (b), as redesignated by subsection
(a)(1), by striking ``Secretary of Defense'' and inserting
``Secretary''.
(c) Clerical Amendment.--The table of sections for chapter 55 of
title 10, United States Code, is amended by striking the item relating
to section 1110 and inserting the following new item:
``1110. System for tracking and recording vaccine information; anthrax
vaccine immunization program.''.
(d) Deadline for Establishment of System.--The Secretary of Defense
shall establish the system under section 1110 of title 10, United
States Code. as added by subsection (a), by not later than January 1,
2023.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the administration of vaccines to members of the
Armed Forces under the jurisdiction of the Secretary of a military
department and on the status of establishing the system under section
1110(a) of title 10, United States Code (as added by subsection (a)).
Such report shall include information on the following:
(1) The process by which such members receive vaccines, and
the process by which the Secretary tracks, records, and reports
on, vaccines received by such members (including with respect
to any transfers by a non-Department provider to the Department
of vaccination records or other medical information of the
member related to the administration of vaccines by the non-
Department provider).
(2) The storage of information related to the
administration of vaccines in the electronic health records of
such members, and the cyber protections involved in such
storage, as required under such section 1110(a)(2) of title 10,
United States Code.
(3) The general process by which medical information of
beneficiaries under the TRICARE program is collected, tracked,
and recorded, including the process by which medical
information from providers contracted by the Department or from
a State or local department of health is transferred to the
Department and associated with records maintained by the
Secretary.
(4) Any gaps or challenges relating to the vaccine
administration process of the Department and any legislative or
budgetary recommendations to address such gaps or challenges.
(f) Definitions.--In this section:
(1) The term ``military departments'' has the meaning given
such term in section 101 of title 10, United States Code.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of such title.
SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES TO CERTAIN
FEDERAL EMPLOYEES.
Section 2114(h) of title 10, United States Code, is amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(1) The Secretary of Defense, in coordination with the
Secretary of Health and Human Services and the Secretary of
Veterans Affairs,''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A covered employee whose employment or service with the
Department of Veterans Affairs, Public Health Service, or Coast Guard
(as applicable) is in a position relevant to national security or
health sciences may receive instruction at the University within the
scope of such employment or service.
``(B) If a covered employee receives instruction at the University
pursuant to subparagraph (A), the head of the Federal agency concerned
shall reimburse the University for the cost of providing such
instruction to the covered employee. Amounts received by the University
under this subparagraph shall be retained by the University to defray
the costs of such instruction.
``(C) Notwithstanding subsections (b) through (e) and subsection
(i), the head of the Federal agency concerned shall determine the
service obligations of the covered employee receiving instruction at
the University pursuant to subparagraph (A) in accordance with
applicable law.
``(D) In this paragraph--
``(i) the term `covered employee' means an employee of the
Department of Veterans Affairs, a civilian employee of the
Public Health Service, a member of the commissioned corps of
the Public Health Service, a member of the Coast Guard, or a
civilian employee of the Coast Guard; and
``(ii) the term `head of the Federal agency concerned'
means the head of the Federal agency that employs, or has
jurisdiction over the uniformed service of, a covered employee
permitted to receive instruction at the University under
subparagraph (A) in the relevant position described in such
subparagraph.''.
SEC. 719. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS.
The Secretary of Defense shall provide to each medical provider of
the Department of Defense mandatory training with respect to the
potential health effects of burn pits.
SEC. 720. DEPARTMENT OF DEFENSE PROCEDURES FOR EXEMPTIONS FROM
MANDATORY COVID-19 VACCINES.
(a) Exemptions.--The Secretary of Defense shall establish uniform
procedures under which covered members may be exempted from receiving
an otherwise mandated COVID-19 vaccine for administrative, medical, or
religious reasons, including on the basis of possessing an antibody
test result demonstrating previous COVID-19 infection.
(b) Definitions.--In this section:
(1) The term ``covered member'' means a member of an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ``COVID-19 vaccine'' means any vaccine for the
coronavirus disease 2019 (COVID-19), including any subsequent
booster shot for COVID-19.
SEC. 721. MODIFICATIONS AND REPORT RELATED TO REDUCTION OR REALIGNMENT
OF MILITARY MEDICAL MANNING AND MEDICAL BILLETS.
(a) Modifications to Limitation on Reduction or Realignment.--
Section 719 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1454), as amended by section 717 of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is further amended--
(1) in subsection (a), by striking ``180 days following the
date of the enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021'' and
inserting ``the year following the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2022''; and
(2) in subsection (b)(1), by inserting ``, including any
billet validation requirements determined pursuant to estimates
provided in the joint medical estimate under section 732 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232),'' after ``requirements of the
military department of the Secretary''.
(b) GAO Report on Reduction or Realignment of Military Medical
Manning and Medical Billets.--
(1) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report on the
analyses used to support any reduction or realignment of
military medical manning, including any reduction or
realignment of medical billets of the military departments.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An analysis of the use of the joint medical
estimate under section 732 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1817) and wartime
scenarios to determine military medical manpower
requirements, including with respect to pandemic
influenza and homeland defense missions.
(B) An assessment of whether the Secretaries of the
military departments have used the processes under
section 719(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1454) to ensure that a sufficient combination of
skills, specialties, and occupations are validated and
filled prior to the transfer of any medical billets of
a military department to fill other military medical
manpower needs.
(C) An assessment of the effect of the reduction or
realignment of such billets on local health care
networks and whether the Director of the Defense Health
Agency has conducted such an assessment in coordination
with the Secretaries of the military departments.
SEC. 722. CROSS-FUNCTIONAL TEAM FOR EMERGING THREAT RELATING TO
ANOMALOUS HEALTH INCIDENTS.
(a) Establishment.--Using the authority provided under section
911(c) of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 111 note), the Secretary of Defense
shall establish a cross-functional team to address national security
challenges posed by anomalous health incidents (as defined by the
Secretary) and ensure that individuals affected by anomalous health
incidents receive timely and comprehensive health care and treatment
pursuant to title 10, United States Code, or other provisions of law
administered by the Secretary, for symptoms consistent with an
anomalous health incident.
(b) Duties.--The duties of the cross-functional team established
under subsection (a) shall be--
(1) to assist the Secretary of Defense with addressing the
challenges posed by anomalous health incidents and any other
efforts regarding such incidents that the Secretary determines
necessary; and
(2) to integrate the efforts of the Department of Defense
regarding anomalous health incidents with the efforts of other
departments or agency of the Federal Government regarding such
incidents.
(c) Team Leader.--The Secretary shall select an Under Secretary of
Defense to lead the cross-functional team and a senior military officer
to serve as the deputy to the Under Secretary so selected.
(d) Determination of Organizational Roles and Responsibilities.--
The Secretary, in coordination with the Director of National
Intelligence and acting through the cross-functional team established
under subsection (a), shall determine the roles and responsibilities of
the organizations and elements of the Department of Defense with
respect to addressing anomalous health incidents, including the roles
and responsibilities of the Office of the Secretary of Defense, the
intelligence components of the Department, Defense agencies, and
Department of Defense field activities, the military departments,
combatant commands, and the Joint Staff.
(e) Briefings.--
(1) Initial briefing.--Not later than 30 days after the
date of the enactment of this Act, the Secretary shall provide
to the appropriate congressional committees a briefing on--
(A) the progress of the Secretary in establishing
the cross-functional team; and
(B) the progress the team has made in--
(i) determining the roles and
responsibilities of the organizations and
elements of the Department of Defense with
respect the cross-functional team; and
(ii) carrying out the duties under
subsection (b).
(2) Updates.--Not later than 75 days after the date of the
enactment of this Act, and once every 45 days thereafter during
the one-year period following such date of enactment, the
Secretary shall provide to the appropriate congressional
committees a briefing containing updates with respect to the
efforts of the Department regarding anomalous health incidents.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 723. IMPLEMENTATION OF INTEGRATED PRODUCT FOR MANAGEMENT OF
POPULATION HEALTH ACROSS MILITARY HEALTH SYSTEM.
(a) Integrated Product.--The Secretary of Defense shall develop and
implement an integrated product for the management of population health
across the military health system. Such integrated product shall serve
as a repository for the health care, demographic, and other relevant
data of all covered beneficiaries, including with respect to data on
health care services furnished to such beneficiaries through the
purchased care and direct care components of the TRICARE program, and
shall--
(1) be compatible with the electronic health record system
maintained by the Secretary for members of the Armed Forces;
(2) enable the coordinated case management of covered
beneficiaries with respect to health care services furnished to
such beneficiaries at military medical treatment facilities and
at private sector facilities through health care providers
contracted by the Department of Defense;
(3) enable the collection and stratification of data from
multiple sources to measure population health goals, facilitate
disease management programs of the Department, improve patient
education, and integrate wellness services across the military
health system; and
(4) enable predictive modeling to improve health outcomes
for patients and to facilitate the identification and
correction of medical errors in the treatment of patients,
issues regarding the quality of health care services provided,
and gaps in health care coverage.
(b) Definitions.--In this section:
(1) The terms ``covered beneficiary'' and ``TRICARE
program'' have the meanings given such terms in section 1072 of
title 10, United States Code.
(2) The term ``integrated product'' means an electronic
system of systems (or solutions or products) that provides for
the integration and sharing of data to meet the needs of an end
user in a timely and cost effective manner.
SEC. 724. DIGITAL HEALTH STRATEGY OF DEPARTMENT OF DEFENSE.
(a) Digital Health Strategy.--
(1) Strategy.--Not later than April 1, 2022, the Secretary
of Defense shall develop a digital health strategy of the
Department of Defense to incorporate new and emerging
technologies and methods (including three-dimensional printing,
virtual reality, wearable devices, big data and predictive
analytics, distributed ledger technologies, and other
innovative methods that leverage new or emerging technologies)
in the provision of clinical care within the military health
system.
(2) Elements.--The strategy under paragraph (1) shall
address, with respect to future use within the military health
system, the following:
(A) Emerging technology to improve the delivery of
clinical care and health services.
(B) Design thinking to improve the delivery of
clinical care and health services.
(C) Advanced clinical decision support systems.
(D) Simulation technologies for clinical training
(including through simulation immersive training) and
clinical education, and for the training of health care
personnel in the adoption of emerging technologies for
clinical care delivery.
(E) Wearable devices.
(F) Three-dimensional printing and related
technologies.
(G) Data-driven decision making, including through
the use of big data and predictive analytics, in the
delivery of clinical care and health services.
(b) Report.--Not later than July 1, 2022, the Secretary shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report setting forth--
(1) the strategy under subsection (a); and
(2) a plan to implement such strategy, including the
estimated timeline and cost for such implementation.
SEC. 725. DEVELOPMENT AND UPDATE OF CERTAIN POLICIES RELATING TO
MILITARY HEALTH SYSTEM AND INTEGRATED MEDICAL OPERATIONS.
(a) In General.--By not later than October 1, 2022, the Secretary
of Defense, in coordination with the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, shall
develop and update certain policies relating to the military health
system and integrated medical operations of the Department of Defense
as follows:
(1) Updated plan on integrated medical operations in
continental united states.--The Secretary of Defense shall
develop an updated plan on integrated medical operations in the
continental United States and update the Department of Defense
Instruction 6010.22, titled ``National Disaster Medical System
(NDMS)'' (or such successor instruction) accordingly. Such
updated plan shall--
(A) be informed by the operational plans of the
combatant commands and by the joint medical estimate
under section 732 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1817);
(B) include a determination as to whether combat
casualties should receive medical care under the direct
care or purchased care component of the military health
system and a risk analysis in support of such
determination;
(C) identify the manning levels required to furnish
medical care under the updated plan, including with
respect to the levels of military personnel, civilian
employees of the Department, and contractors of the
Department; and
(D) include a cost estimate for the furnishment of
such medical care.
(2) Updated plan on global patient movement.--The Secretary
of Defense shall develop an updated plan on global patient
movement and update the Department of Defense Instruction
5154.06, relating to medical military treatment facilities and
patient movement (or such successor instruction) accordingly.
Such updated plan shall--
(A) be informed by the operational plans of the
combatant commands and by the joint medical estimate
under section 732 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1817);
(B) include a risk assessment with respect to
patient movement compared against overall operational
plans;
(C) include a description of any capabilities-based
assessment of the Department that informed the updated
plan or that was in progress during the time period in
which the updated plan was developed; and
(D) identify the manning levels, equipment and
consumables, and funding levels, required to carry out
the updated plan.
(3) Assessment of biosurveillance and medical research
capabilities.--The Secretary of Defense shall conduct an
assessment of biosurveillance and medical research capabilities
of the Department of Defense. Such assessment shall include the
following:
(A) An identification of the location and strategic
value of the overseas medical laboratories and overseas
medical research programs of the Department.
(B) An assessment of the current capabilities of
such laboratories and programs with respect to force
health protection and evidence-based medical research.
(C) A determination as to whether such laboratories
and programs have the capabilities, including as a
result of the geographic location of such laboratories
and programs, to provide force health protection and
evidence-based medical research, including by actively
monitoring for future pandemics, infectious diseases,
and other potential health threats to members of the
Armed Forces.
(D) The current capabilities, with respect to
biosurveillance and medical research, of the following
entities:
(i) The Army Medical Research Development
Command.
(ii) The Navy Medical Research Command.
(iii) The Air Force Medical Readiness
Agency.
(iv) The Walter Reed Army Institute of
Research.
(v) The United States Army Medical Research
Institute of Infectious Disease.
(vi) The Armed Forces Health Surveillance
Branch (including the Global Emerging
Infectious Surveillance program).
(vii) Such other entities as the Secretary
may determine appropriate.
(E) A determination as to whether the entities
specified in subparagraph (D) have the capabilities,
including as a result of the geographic location of the
entity, to provide force health protection and
evidence-based medical research, including by actively
monitoring for future pandemics, infectious diseases,
and other potential health threats to members of the
Armed Forces.
(F) The current manning levels of the entities
specified in subparagraph (D), including an assessment
of whether such entities are manned at a level
necessary to support the missions of the combatant
commands (including with respect to missions related to
pandemic influenza or homeland defense).
(G) The current funding levels of the entities
specified in subparagraph (D), including a risk
assessment as to whether such funding is sufficient to
sustain the manning levels necessary to support
missions as specified in subparagraph (F).
(4) Analysis of military health system organization.--The
Secretary of Defense shall conduct an analysis to determine
whether the current organizational structure of the military
health system allows for the implementation of the updated
plans under paragraphs (1) and (2) and of any recommendations
made by the Secretary as a result of the assessment under
paragraph (3). Such analysis shall include--
(A) an assessment of how the Secretary may leverage
TRICARE Regional Offices, TRICARE managed care support
contractors, and local or regional health care systems,
to address any potential gaps in the provision of
medical care under the military health system that may
limit the progress of such implementation or may arise
as the result of such implementation; and
(B) recommendations on any organizational changes
to the military health system that would be necessary
for such implementation.
(b) Interim Briefing.--Not later than April 1, 2022, the Secretary
of Defense, in coordination with the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate an interim briefing on the progress of
implementation of the plans, assessment, and analysis required under
subsection (a).
(c) Report.--Not later than December 1, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report describing each updated
plan, assessment, and analysis required under subsection (a).
SEC. 726. STANDARDIZATION OF DEFINITIONS USED BY THE DEPARTMENT OF
DEFENSE FOR TERMS RELATED TO SUICIDE.
(a) Standardization of Definitions.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments, shall
develop standardized definitions for the following terms:
(1) ``Suicide''.
(2) ``Suicide attempt''.
(3) ``Suicidal ideation''.
(b) Required Use of Standardized Definitions.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
issue policy guidance requiring the exclusive and uniform use across
the Department of Defense and within each military department of the
standardized definitions developed under subsection (a) for the terms
specified in such subsection.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
that sets forth the standardized definitions developed under subsection
(a) and includes--
(1) a description of the process that was used to develop
such definitions;
(2) a description of the methods by which data shall be
collected on suicide, suicide attempts, and suicidal ideations
(as those terms are defined pursuant to such definitions) in a
standardized format across the Department and within each
military department; and
(3) an implementation plan to ensure the use of such
definitions as required pursuant to subsection (b).
SEC. 727. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND MENTAL
HEALTH ASSESSMENT FOR CERTAIN MEMBERS OF THE RESERVE
COMPONENTS.
Section 1145(a)(5) of title 10, United States Code is amended--
(1) in subparagraph (A), by striking ``The Secretary'' and
inserting ``Except as provided in subparagraph (D), the
Secretary''; and
(2) by adding at the end the following new subparagraph:
``(D) The requirement for a physical examination and mental
health assessment under subparagraph (A) shall not apply with
respect to a member of a reserve component described in
paragraph (2)(B) unless the member is retiring, or being
discharged or dismissed, from the armed forces.''.
Subtitle C--Reports and Other Matters
SEC. 731. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-TRAUMATIC
STRESS DISORDER RESEARCH BETWEEN UNITED STATES AND
ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, acting through the Psychological Health and
Traumatic Brain Injury Research Program, should seek to explore
scientific collaboration between American academic institutions and
nonprofit research entities, and Israeli institutions with expertise in
researching, diagnosing, and treating post-traumatic stress disorder.
(b) Grant Program.--The Secretary of Defense, in coordination with
the Secretary of State, shall award grants to eligible entities to
carry out collaborative research between the United States and Israel
with respect to post-traumatic stress disorders. The Secretary of
Defense shall carry out the grant program under this section in
accordance with the agreement titled ``Agreement Between the Government
of the United States of America and the Government of Israel on the
United States-Israel Binational Science Foundation'', dated September
27, 1972.
(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be an academic institution or a nonprofit
entity located in the United States.
(d) Award.--The Secretary shall award grants under this section to
eligible entities that--
(1) carry out a research project that--
(A) addresses a requirement in the area of post-
traumatic stress disorders that the Secretary
determines appropriate to research using such grant;
and
(B) is conducted by the eligible entity and an
entity in Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may
establish.
(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such commitments
and information as the Secretary may require.
(f) Gift Authority.--The Secretary may accept, hold, and
administer, any gift of money made on the condition that the gift be
used for the purpose of the grant program under this section. Such
gifts of money accepted under this subsection shall be deposited in the
Treasury in the Department of Defense General Gift Fund and shall be
available, subject to appropriation, without fiscal year limitation.
(g) Reports.--Not later than 180 days after the date on which an
eligible entity completes a research project using a grant under this
section, the Secretary shall submit to Congress a report that
contains--
(1) a description of how the eligible entity used the
grant; and
(2) an evaluation of the level of success of the research
project.
(h) Termination.--The authority to award grants under this section
shall terminate on the date that is seven years after the date on which
the first such grant is awarded.
SEC. 732. PILOT PROGRAM ON CARDIAC SCREENING AT CERTAIN MILITARY
SERVICE ACADEMIES.
(a) Pilot Program.--The Secretary of Defense shall establish a
pilot program to furnish mandatory electrocardiograms to candidates who
are seeking admission to a covered military service academy in
connection with the military accession screening process, at no cost to
such candidates.
(b) Scope.--The scope of the pilot program under subsection (a)
shall include at least 25 percent of the incoming class of candidates
who are seeking admission to a covered military service academy during
the first fall semester that follows the date of the enactment of this
Act, and the pilot program shall terminate on the date on which the
Secretary determines the military accession screening process for such
class has concluded.
(c) Facilities.--In carrying out the pilot program under subsection
(a), the Secretary shall furnish each mandatory electrocardiogram under
the pilot program in a facility of the Department of Defense, to the
extent practicable, but may furnish such electrocardiograms in a non-
Department facility as determined necessary by the Secretary.
(d) Report.--Not later than 180 days after the date on which the
pilot program under subsection (a) terminates, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the pilot program. Such report shall
include the following:
(1) The results of all electrocardiograms furnished to
candidates under the pilot program, disaggregated by military
service academy, race, and gender.
(2) The rate of significant cardiac issues detected
pursuant to electrocardiograms furnished under the pilot
program, disaggregated by military service academy, race, and
gender.
(3) The cost of carrying out the pilot program.
(4) The number of candidates, if any, who were disqualified
from admission based solely on the result of an
electrocardiogram furnished under the pilot program.
(e) Covered Military Service Academy Defined.--In this section, the
term ``covered military service academy'' does not include the Untied
States Coast Guard Academy or the United States Merchant Marine
Academy.
SEC. 733. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE.
(a) Pilot Program.--The Secretary of Defense shall establish a
pilot program to provide not more than 1,000 members of the Armed
Forces serving on active duty with the opportunity to cryopreserve and
store their gametes prior to deployment to a combat zone.
(b) Period.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of a participating
member of the Armed Forces under subsection (a), at no cost to
the member, in a facility of the Department of Defense or at a
private entity pursuant to a contract under subsection (d)
until the date that is one year after the retirement,
separation, or release of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the one-year period specified in paragraph (1), the Secretary
shall authorize an individual whose gametes were cryopreserved
and stored in a facility of the Department as described in that
paragraph to select, including pursuant to an advance medical
directive or military testamentary instrument completed under
subsection (c), one of the following options:
(A) To continue such cryopreservation and storage
in such facility with the cost of such cryopreservation
and storage borne by the individual.
(B) To transfer the gametes to a private
cryopreservation and storage facility selected by the
individual.
(C) To authorize the Secretary to dispose of the
gametes of the individual not earlier than the date
that is 90 days after the end of the one-year period
specified in paragraph (1) with respect to the
individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to cryopreserve
and store their gametes under this section shall complete an advance
medical directive described in section 1044c(b) of title 10, United
States Code, and a military testamentary instrument described in
section 1044d(b) of such title, that explicitly specifies the use of
their cryopreserved and stored gametes if such member dies or otherwise
loses the capacity to consent to the use of their cryopreserved and
stored gametes.
(d) Agreements.--To carry out this section, the Secretary may enter
into agreements with private entities that provide cryopreservation and
storage services for gametes.
SEC. 734. PILOT PROGRAM ON ASSISTANCE FOR MENTAL HEALTH APPOINTMENT
SCHEDULING AT MILITARY MEDICAL TREATMENT FACILITIES.
(a) Pilot Program.--The Secretary of Defense shall carry out a
pilot program to provide direct assistance for mental health
appointment scheduling at military medical treatment facilities and
clinics selected by the Secretary for participation in the pilot
program in a number determined by the Secretary.
(b) Report.--Not later than 90 days after the date on which the
pilot program terminates, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report on the pilot program. Such report shall include an assessment
of--
(1) the effectiveness of the pilot program with respect to
improved access to mental health appointments; and
(2) any barriers to scheduling mental health appointments
under the pilot program observed by health care professionals
or other individuals involved in scheduling such appointments.
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is one year after
the commencement of the pilot program.
SEC. 735. PILOT PROGRAM ON ORAL REHYDRATION SOLUTIONS.
(a) Pilot Program.--The Secretary of Defense may carry out a pilot
program under which the Secretary shall furnish medically approved oral
rehydration solutions to members of the Armed Forces.
(b) Distribution.--Oral rehydration solutions furnished under the
pilot program carried out pursuant to subsection (a) shall be
distributed to members of the Armed Forces at the brigade level,
through the Airborne and Ranger Training Brigade, the Maneuver Center
of Excellence of the Army, and the United States Army Training and
Doctrine Command. Such distribution shall be carried out during a
period of summer months, as determined by the Secretary.
(c) Report.--Not later than 60 after the date of the conclusion of
the pilot program carried out pursuant to subsection (a), the Secretary
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the effectiveness of the
oral rehydration solutions furnished under the pilot program. Such
report shall include--
(1) all data tracking the prevention of heat casualties and
hyponatremia among participants under the pilot program; and
(2) any other benefits realized under the pilot program,
including benefits related to cost savings, readiness, or
wellness of members of the Armed Forces.
SEC. 736. AUTHORIZATION OF PILOT PROGRAM TO SURVEY ACCESS TO MENTAL
HEALTH CARE UNDER MILITARY HEALTH SYSTEM.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds that--
(A) there is a connection between stigma, mental
health care access, and death by suicide; and
(B) current command climate surveys lack sufficient
questions regarding mental health stigma.
(2) Sense of congress.--It is the sense of Congress that--
(A) military research and research of the
Department of Veterans Affairs significantly contribute
to overall health care research useful for all
individuals; and
(B) command climate surveys provide an important
function for ensuring safe command environments.
(b) Authorization of Pilot Program to Survey Access to Mental
Health Care Under Military Health System.--
(1) Pilot program authorized.--The Secretary of Defense may
carry out a pilot program to survey access to mental health
care under the military health system.
(2) Elements.--In carrying out a pilot program pursuant to
paragraph (1), the Secretary shall ensure that an adequate
number of command climate surveys that include questions on
access to mental health care under the military health system
are administered to a representative sample of active duty
members of the Armed Forces across each military department.
Such questions shall be developed by the survey administrator
of the Defense Organizational Climate Survey and shall address,
at a minimum, the following matters:
(A) The perceived ability of the respondent to
access mental health care under the military health
system.
(B) Whether the respondent has previously been
prohibited from, or advised against, accessing such
care.
(C) Any overall stigma perceived by the respondent
with respect to such care.
(D) The belief of the respondent that receiving
care from a mental health care provider may harm the
career, or the ability to obtain a security clearance,
of the respondent.
(E) The belief of the respondent that receiving a
mental health diagnosis may harm the career, or the
ability to obtain a security clearance, of the
respondent.
(3) Termination.--The authority to carry out a pilot
program under paragraph (1) shall terminate on September 1,
2023.
(4) Report.--Not later than 90 days after the date on which
a pilot program carried out pursuant to paragraph (1)
terminates, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report on the results of the updated surveys administered
pursuant to the pilot program.
(c) Definitions.--In this section, the terms ``active duty'',
``Armed Forces'', and ``military departments'' have the meanings given
those terms in section 101 of title 10, United States Code.
SEC. 737. PROHIBITION ON AVAILABILITY OF FUNDS FOR RESEARCH CONNECTED
TO CHINA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022 for the
Department of Defense may be obligated or expended--
(1) to conduct research in China, including biomedical,
infectious disease, gene editing, genetics, virus, or military
medical research, whether directly or through a third-party
entity; or
(2) to provide funds for research, including biomedical,
infectious disease, gene editing, genetics, virus, or military
medical research, to any entity determined by the Secretary of
Defense to be owned or controlled, directly or indirectly, by
China.
(b) Waiver.--The Secretary of Defense may waive a prohibition under
subsection (a) if the Secretary--
(1) determines that the waiver is in the national security
interests of United States; and
(2) not later than 14 days after granting the waiver,
submits to the congressional defense committees a detailed
justification for the waiver, including--
(A) an identification of the Department of Defense
entity obligating or expending the funds;
(B) an identification of the amount of such funds;
(C) an identification of the intended purpose of
such funds;
(D) an identification of the recipient or
prospective recipient of such funds (including any
third-party entity recipient, as applicable);
(E) an explanation for how the waiver is in the
national security interests of the United States; and
(F) any other information the Secretary determines
appropriate.
SEC. 738. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE COMPREHENSIVE
AUTISM CARE DEMONSTRATION PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (in this section referred
to as the ``National Academies'') for the National Academies to
carry out the activities described in subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) Analysis by the National Academies.--
(1) Analysis.--Under an agreement between the Secretary and
the National Academies entered into pursuant to subsection (a),
the National Academies shall conduct an analysis of the
effectiveness of the Department of Defense Comprehensive Autism
Care Demonstration program (in this section referred to as the
``demonstration program'') and develop recommendations for the
Secretary based on such analysis.
(2) Elements.--The analysis conducted and recommendations
developed under paragraph (1) shall include the following:
(A) An assessment of the Pervasive Developmental
Disabilities Behavior Inventory as a measure to assist
in the assessment of domains related to autism spectrum
disorder, and a determination as to whether the
Secretary is applying such inventory appropriately
under the demonstration project.
(B) An assessment of the methods used under the
demonstration project to measure the effectiveness of
applied behavior analysis in the treatment of autism
spectrum disorder.
(C) A review of any guidelines or industry
standards of care adhered to in the provision of
applied behavior analysis services under the
demonstration program, including a review of the
effects of such adherence with respect to dose-response
or expected health outcomes for an individual who has
received such services.
(D) A review of the expected health outcomes for an
individual who has received applied behavior analysis
treatments over time.
(E) An analysis of the increased utilization of the
demonstration program by beneficiaries under the
TRICARE program, to improve understanding of such
utilization.
(F) Such other analyses to measure the
effectiveness of the demonstration program as may be
determined appropriate by the National Academies.
(G) An analysis on whether the incidence of autism
is higher among the children of military families.
(H) The development of a list of findings and
recommendations related to the measurement,
effectiveness, and increased understanding of the
demonstration program and its effect on beneficiaries
under the TRICARE program.
(c) Report.--Under an agreement entered into between the Secretary
and the National Academies under subsection (a), the National
Academies, not later than nine months after the date of the execution
of the agreement, shall--
(1) submit to the congressional defense committees a report
on the findings of the National Academies with respect to the
analysis conducted and recommendations developed under
subsection (b); and
(2) make such report available on a public website in
unclassified form.
SEC. 739. INDEPENDENT REVIEW OF SUICIDE PREVENTION AND RESPONSE AT
MILITARY INSTALLATIONS.
(a) Establishment of Committee.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish an independent suicide prevention and response review
committee.
(b) Membership.--The committee established under subsection (a)
shall be composed of not fewer than five individuals--
(1) designated by the Secretary;
(2) with expertise determined to be relevant by the
Secretary, including at least one individual who is an
experienced provider of mental health services and at least one
individual who is an experienced criminal investigator;
(3) none of whom may be a member of an Armed Force or a
civilian employee of the Department of Defense.
(c) Selection of Military Installations.--The Secretary shall
select, for review by the committee established under subsection (a),
not fewer than three military installations that have a higher-than-
average incidence of suicide by members of the Armed Forces serving at
the installation. The Secretary shall ensure that at least one of the
installations selected under this subsection is a remote installation
of the Department of Defense located outside the contiguous United
States.
(d) Duties.--The committee established under subsection (a) shall
review the suicide prevention and response programs and other factors
that may contribute to the incidence or prevention of suicide at the
military installations selected for review pursuant to subsection (c).
Such review shall be conducted through means including--
(1) a confidential survey;
(2) focus groups; and
(3) individual interviews.
(e) Coordination.--In carrying out this section, the Secretary
shall ensure that the Director of the Office of People Analytics of the
Department of Defense and the Director of the Office of Force
Resiliency of the Department of Defense coordinate and cooperate with
the committee established under subsection (a).
(f) Reports.--
(1) Initial report.--Not later than 270 days after the
establishment of the committee under subsection (a), the
committee shall submit to the Secretary a report containing the
results of the reviews conducted by the committee and
recommendations of the committee to reduce the incidence of
suicide at the military installations reviewed.
(2) Report to congress.--Not later than 330 days after the
establishment of the committee under subsection (a), the
committee shall submit to the Committees on Armed Services of
the House of Representatives and the Senate the report under
paragraph (1).
SEC. 740. FEASIBILITY AND ADVISABILITY STUDY ON ESTABLISHMENT OF
AEROMEDICAL SQUADRON AT JOINT BASE PEARL HARBOR-HICKAM.
(a) Study.--Not later than April 1, 2022, the Secretary of Defense,
in consultation with the Chief of the National Guard Bureau and the
Director of the Air National Guard, shall complete a study on the
feasibility and advisability of establishing at Joint Base Pearl
Harbor-Hickam an aeromedical squadron of the Air National Guard in
Hawaii to support the aeromedical mission needs of the State of Hawaii
and the United States Indo-Pacific Command.
(b) Elements.--The study under subsection (a) shall assess the
following:
(1) The manpower required for the establishment of an
aeromedical squadron of the Air National Guard in Hawaii as
specified in subsection (a).
(2) The overall cost of such establishment.
(3) The length of time required for such establishment.
(4) The mission requirements for such establishment.
(5) Such other matters as may be determined relevant by the
Secretary.
(c) Submission to Congress.--Not later than April 1, 2022, the
Secretary shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing the findings of
the feasibility and advisability study under subsection (a), including
with respect to each element specified in subsection (b).
SEC. 741. PLAN TO ADDRESS FINDINGS RELATED TO ACCESS TO CONTRACEPTION
FOR MEMBERS OF THE ARMED FORCES.
(a) Plan Required.--The Secretary of Defense (in coordination with
the Secretaries of the military departments) shall develop and
implement a plan to address the findings of the report of the
Department of Defense on the status of implementation of guidance for
ensuring access to contraception published in response to pages 155
through 156 of the report of the Committee on Armed Services of the
House of Representatives accompanying H.R. 6395 of the 116th Congress
(H. Rept. 116-617).
(b) Elements.--The plan under subsection (a) shall address--
(1) the barriers and challenges to implementation
identified in the report of the Department specified in such
subsection; and
(2) the inability of certain members of the Armed Forces to
access their preferred method of contraception and have ongoing
access during deployment.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the plan under subsection (a) and
any progress made pursuant to such plan.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(2) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 742. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL EXPOSURE RECORD
PROGRAM.
(a) Studies and Reports Required.--Not later than December 31,
2022, and once every two years thereafter until December 31, 2030, the
Comptroller General of the United States shall--
(1) conduct a study on the implementation and effectiveness
of the Individual Longitudinal Exposure Record program of the
Department of Defense and the Department of Veterans Affairs;
and
(2) submit to the appropriate congressional committees a
report containing the findings of the most recently conducted
study.
(b) Elements.--The biennial studies under subsection (a) shall
include an assessment of elements as follows:
(1) Initial study.--The initial study conducted under
subsection (a) shall assess, at a minimum, the following:
(A) Statistics relating to use of the Individual
Longitudinal Exposure Record program, including the
total number of individuals the records of whom are
contained therein and the total number of records
accessible under the program.
(B) Costs associated with the program, including
any cost overruns associated with the program.
(C) The capacity to expand the program to include
the medical records of veterans who served prior to the
establishment of the program.
(D) Any illness recently identified as relating to
a toxic exposure (or any guidance relating to such an
illness recently issued) by either the Secretary of
Defense or the Secretary of Veterans Affairs, including
any such illness or guidance that relates to open burn
pit exposure.
(E) How the program has enabled (or failed to
enable) the discovery, notification, and medical care
of individuals affected by an illness described in
subparagraph (D).
(F) Physician and patient feedback on the program,
particularly feedback that relates to ease of use.
(G) Cybersecurity and privacy protections of
patient data stored under the program, including
whether any classified or restricted data has been
stored under the program (such as data relating to
deployment locations or duty stations).
(H) Any technical or logistical impediments to the
implementation or expansion of the program, including
any impediments to the inclusion in the program of
databases or materials originally intended to be
included.
(I) Any issues relating to read-only access to data
under the program by veterans.
(J) Any issues relating to the interoperability of
the program between the Department of Defense and the
Department of Veterans Affairs.
(2) Subsequent studies.--Except as provided in paragraph
(3), each study conducted under subsection (a) following the
initial study specified in paragraph (1) shall assess--
(A) statistics relating to use of the Individual
Longitudinal Exposure Record program, including the
total number of individuals the records of whom are
contained therein and the total number of records
accessible under the program; and
(B) such other elements as the Comptroller General
determines appropriate, which may include any other
element specified in paragraph (1).
(3) Final study.--The final study conducted under
subsection (a) shall assess--
(A) the elements specified in subparagraphs (A),
(B), (D), (E), (F), and (H) of paragraph (1); and
(B) such other elements as the Comptroller General
determines appropriate, which may include any other
element specified in paragraph (1).
(c) Access by Comptroller General.--
(1) Information and materials.--Upon request of the
Comptroller General, the Secretary of Defense and the Secretary
of Veterans Affairs shall make available to the Comptroller
General any information or other materials necessary for the
conduct of each biennial study under subsection (a).
(2) Interviews.--In addition to such other authorities as
are available, the Comptroller General shall have the right to
interview officials and employees of the Department of Defense
and the Department of Veterans Affairs (including clinicians,
claims adjudicators, and researchers) as necessary for the
conduct of each biennial study under subsection (a).
(3) Information from patients and former patients.--
(A) Development of questionnaire.--In carrying out
each biennial study under subsection (a), the
Comptroller General may develop a questionnaire for
individuals the records of whom are contained in the
Individual Longitudinal Exposure Record, to obtain the
information necessary for the conduct of the study.
(B) Distribution.--The Secretary concerned shall
ensure that any questionnaire developed pursuant to
subparagraph (A) is distributed to individuals the
records of whom are contained in the Individual
Longitudinal Exposure Record.
(d) Definitions.--In this Act:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to
matters concerning the Department of Defense; and
(B) the Secretary of Veterans Affairs, with respect
to matters concerning the Department of Veterans
Affairs.
SEC. 743. GAO STUDY ON EXCLUSION OF CERTAIN REMARRIED INDIVIDUALS FROM
MEDICAL AND DENTAL COVERAGE UNDER TRICARE PROGRAM.
(a) GAO Study.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the purpose and effects of limiting
medical and dental coverage under the TRICARE program to
exclude remarried widows, widowers, and former spouses of
members or former members of the uniformed services.
(2) Elements.--The study under paragraph (1) shall include
the following:
(A) A census of the widows and widowers who
currently qualify as a dependent under the TRICARE
program pursuant to subparagraph (B) or (C) of section
1072(2) of title 10, United States Code.
(B) A census of the former spouses who currently
qualify as a dependent under the TRICARE program
pursuant to subparagraph (F), (G), or (H) of such
section.
(C) An identification of the number of such widows,
widowers, and former spouses who intend to remarry, and
an assessment of whether potential loss of coverage
under the TRICARE program has affected the decisions of
such individuals to remarry or remain unremarried.
(D) An assessment of the effect, if any, on the
military and local communities of an individual who
formerly qualified as a dependent under the TRICARE
program by reason of being an unremarried widow,
widower, or former spouse, as specified in section
1072(2) of title 10, United States Code, when the
individual remarries and loses such coverage.
(E) A cost analysis of the expansion of medical and
dental coverage under the TRICARE program to include
remarried individuals who, but for their remarried
status, would otherwise qualify as a dependent under
such program.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report containing--
(1) the findings and conclusions of the study under
subsection (a); and
(2) recommendations based on such findings and conclusions
to improve the dependent categories specified in section
1072(2) of title 10, United States Code, including with respect
to whether remarried widows, widowers, and former spouses of
members or former members of the uniformed services should
remain excluded from coverage under the TRICARE program
pursuant to such section.
(c) Definitions.--In this section, the terms ``dependent'' and
``TRICARE program'' have the meanings given such terms in section 1072
of title 10, United States Code.
SEC. 744. STUDY ON JOINT FUND OF THE DEPARTMENT OF DEFENSE AND THE
DEPARTMENT OF VETERANS AFFAIRS FOR FEDERAL ELECTRONIC
HEALTH RECORD MODERNIZATION OFFICE.
(a) Study.--The Secretary of Defense, in coordination with the
Secretary of Veterans Affairs, shall conduct a study on--
(1) the development of a joint fund of the Department of
Defense and the Department of Veterans Affairs for the Federal
Electronic Health Record Modernization Office; and
(2) the operations of the Federal Electronic Health Record
Modernization Office since its establishment, including how the
Office has supported the implementation of the Individual
Longitudinal Exposure Record program of the Department of
Defense and the Department of Veterans Affairs.
(b) Elements.--The study under subsection (a) shall assess the
following:
(1) Justifications for the development of the joint fund.
(2) Options for the governance structure of the joint fund,
including how accountability would be divided between the
Department of Defense and the Department of Veterans Affairs.
(3) An estimated timeline for implementation of the joint
fund.
(4) The anticipated contents of the joint fund, including
the anticipated process for annual transfers to the joint fund
from the Department of Defense and the Department of Veterans
Affairs, respectively.
(5) The progress and accomplishments of the Federal
Electronic Health Record Modernization Office during fiscal
year 2021 in fulfilling the purposes specified in subparagraphs
(C) through (R) of section 1635(b)(2) of the Wounded Warrior
Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note).
(6) The role and contributions of the Federal Electronic
Health Record Modernization Office with respect to--
(A) the current implementation of the Electronic
Health Record Modernization Program at the Mann-
Grandstaff Department of Veterans Affairs Medical
Center located in Spokane, Washington; and
(B) the strategic review of the Electronic Health
Record Modernization Program conducted by the
Department of Veterans Affairs.
(7) How dedicated funding for the Federal Electronic Health
Record Modernization Office would have affected or altered the
role and contributions specified in paragraph (6).
(8) An estimated timeline for the completion of the
implementation milestones under section 1635(e) of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note), taking into account delays in the implementation of the
Electronic Health Record Modernization Program.
(c) Report.--Not later than April 1, 2022, the Secretary of
Defense, in coordination with the Secretary of Veterans Affairs, shall
submit to the appropriate congressional committees a report on the
findings of the study under subsection (a), including recommendations
on the development of the joint fund specified in such subsection. Such
recommendations shall address--
(1) the purpose of the joint fund; and
(2) requirements related to the joint fund.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House
of Representatives and the Senate; and
(B) the Committees on Veterans' Affairs of the
House of Representatives and the Senate.
(2) The term ``Electronic Health Record Modernization
Program'' has the meaning given such term in section 503(e) of
the Veterans Benefits and Transition Act of 2018 (Public Law
115-407; 132 Stat. 5376).
(3) The term ``Federal Electronic Health Record
Modernization Office'' means the Office established under
section 1635(b) of the Wounded Warrior Act (title XVI of Public
Law 110-181; 10 U.S.C. 1071 note).
SEC. 745. BRIEFING ON DOMESTIC PRODUCTION OF CRITICAL ACTIVE
PHARMACEUTICAL INGREDIENTS.
Not later than April 1, 2022, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the development of a
domestic production capability for critical active pharmaceutical
ingredients and drug products in finished dosage form. Such briefing
shall include a description of the following:
(1) The anticipated cost over the period covered by the
most recent future-years defense program submitted under
section 221 of title 10, United States Code (as of the date of
the briefing), to develop a domestic production capability for
critical active pharmaceutical ingredients.
(2) The cost of producing critical active pharmaceutical
ingredients through such a domestic production capability, as
compared with the cost of standard manufacturing processes used
by the pharmaceutical industry.
(3) The average time to produce critical active
pharmaceutical ingredients through such a domestic production
capability, as compared with the average time to produce such
ingredients through standard manufacturing processes used by
the pharmaceutical industry.
(4) Any intersections between the development of such a
domestic production capability, the military health system, and
defense-related medical research or operational medical
requirements.
(5) Lessons learned from the progress made in developing
such a domestic production capability as of the date of the
briefing, including from any contracts entered into by the
Secretary with respect to such a domestic production
capability.
(6) Any critical active pharmaceutical ingredients that are
under consideration by the Secretary for future domestic
production as of the date of the briefing.
(7) The plan of the Secretary regarding the future use of
domestic production capability for critical active
pharmaceutical ingredients.
SEC. 746. BRIEFING ON ANOMALOUS HEALTH INCIDENTS INVOLVING MEMBERS OF
THE ARMED FORCES.
(a) Briefing.--Not later than March 1, 2022, the Secretary of
Defense shall provide to the appropriate congressional committees a
briefing on anomalous health incidents affecting members of the Armed
Forces and civilian employees of the Department of Defense, any ongoing
efforts carried out by the Secretary to protect such members and
employees from the effects of anomalous health incidents, and the
extent and nature of engagement by the Secretary with the heads of
other Federal departments and agencies regarding anomalous health
incidents affecting the employees of such other departments and
agencies.
(b) Matters.--The briefing provided under subsection (a) shall
include, at a minimum, the following:
(1) Information on cases of confirmed or suspected
anomalous health incidents affecting members of the Armed
Forces or civilian employees of the Department.
(2) An update on the strategy of the Department to protect
such members and employees from the effects of anomalous health
incidents, including any efforts carried out by the Secretary
to ensure that--
(A) suspected anomalous health incidents are
promptly reported; and
(B) victims of anomalous health incidents are
provided immediate and long-term medical treatment.
(3) The current efforts of the Department to contribute to
the overall approach of the U.S. Government to address,
prevent, and respond to, anomalous health incidents, including
such contributed efforts of the Department to defend against
anomalous health incident attacks against personnel of the U.S.
Government and United States citizens.
(4) The current efforts of the Department to prepare
members of the Armed Forces and civilian employees of the
Department for the effects of anomalous health incidents,
including prior to deployment.
(5) Recommendations on how to improve the identification
and reporting of anomalous health incidents affecting such
members and employees, including a recommendation on whether to
conduct a health assessment prior to the deployment of such
members or employees if the prospective deployment is to an
embassy of the United States (or to another location that the
Secretary determines may present a heightened risk of anomalous
health incidents), to establish a medical baseline against
which medical data of the member or employee may be compared
following a suspected anomalous health incident.
(6) An identification by the Secretary of a senior official
of the Department who has been designated by the Secretary as
the official with principal responsibility for leading the
efforts of the Department regarding anomalous health incidents
(and related issues within the Department) and for coordinating
with the heads of other Federal departments and agencies
regarding such incidents and related issues.
(c) Senate Confirmation of Responsible Individual.--If the
designated senior official identified pursuant to subsection (b)(6) has
not been appointed by and with the advice and consent of the Senate,
the Secretary shall ensure that the principal responsibility for the
actions specified in such subsection is transferred to a senior
official of the Department who has been so appointed.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Oversight and Reform, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 747. SENSE OF CONGRESS ON NATIONAL WARRIOR CALL DAY.
(a) Findings.--Congress finds the following:
(1) Establishing an annual ``National Warrior Call Day''
will draw attention to those members of the Armed Forces whose
connection to one another is key to our veterans and first
responders who may be dangerously disconnected from family,
friends, and support systems.
(2) The number of suicides of members of the Armed Forces
serving on active duty increased to 377 in 2020, a figure up
from 348 the previous year.
(3) The epidemic of veteran suicide has steadily increased
since 2014 with 6,435 veterans taking their own lives in 2018.
(4) After adjusting for sex and age, the rate of veteran
suicide in 2018 was 27.5 per 100,000 individuals, higher than
the rate among all United States adults at 18.3.
(5) More veterans have died by suicide in the last 10 years
than members of the Armed Forces who died from combat in
Vietnam.
(6) Roughly two-thirds of these veterans who take their own
lives have had no contact with the Department of Veterans
Affairs.
(7) The COVID-19 pandemic has only increased isolation and
disconnection, further exacerbating mental and physical
ailments such as post-traumatic stress disorder and traumatic
brain injury.
(8) The Centers for Disease Control and Prevention note
that law enforcement officers and firefighters are more likely
to die by suicide than in the line of duty, and emergency
medical services providers are 1.39 times more likely to die by
suicide than members of the general public.
(9) Invisible wounds linked to an underlying and
undiagnosed traumatic brain injury can mirror many mental
health conditions, a problem that can be addressed through
connections to members of the Armed Forces and veterans who can
better identify and address these wounds.
(10) Urgent research is needed to highlight the connection
between traumatic brain injury as a root cause of invisible
wounds and suicide by members of the Armed Forces and veterans.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) supports the designation of a ``National Warrior Call
Day'';
(2) encourages all Americans, especially members of the
Armed Forces serving on active duty and veterans, to call up a
warrior, have an honest conversation, and connect them with
support, understanding that making a warrior call could save a
life; and
(3) implores all Americans to recommit themselves to
engaging with members of the Armed Forces through ``National
Warrior Call Day'' and constructive efforts that result in
solutions and treatment for the invisible scars they carry.
SEC. 748. MANDATORY TRAINING ON HEALTH EFFECTS OF PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall provide to each medical provider of
the Department of Defense mandatory training with respect to the
potential health effects of perfluoroalkyl or polyfluoroalkyl
substances.
SEC. 749. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS.
(a) Pilot Program.--The Secretary of Defense, acting through the
Defense Health Agency, shall carry out a pilot program to determine the
prevalence of sleep apnea among members of the Armed Forces assigned to
initial training.
(b) Participation.--
(1) Members.--The Secretary shall ensure that the number of
members who participate in the pilot program under subsection
(a) is sufficient to collect statistically significant data for
each military department.
(2) Special rule.--The Secretary may not disqualify a
member from service in the Armed Forces by reason of the member
being diagnosed with sleep apnea pursuant to the pilot program
under subsection (a).
SEC. 750. SURVEY ON EFFECTS OF COVID-19 MANDATE ON MATTERS RELATING TO
RECRUITMENT AND REINLISTMENT.
(a) Survey.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall conduct an anonymous survey
to determine the effects that the COVID-19 vaccine mandate issued by
the Secretary on August 24, 2021, has had on recruitment to and
reenlistment in the Armed Forces.
(b) Matters.--The survey under subsection (a) shall include an
assessment of the following:
(1) Whether the announcement of the COVID-19 vaccine
mandate encouraged the reenlistment, discouraged the
reenlistment, or had any effect on the reenlistment, of members
of the Armed Forces.
(2) Whether the announcement of the COVID-19 vaccine
mandate encouraged individuals to join the Armed Forces,
discouraged individuals to join the Armed Forces, or had any
other effect on recruitment efforts for the Armed Forces.
(c) Publication and Submission to Congress.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress the results of the survey under subsection (a) and
publish such results on an internet website of the Department
of Defense.
(2) Privacy considerations.--In submitting and publishing
the results of the survey under paragraph (1), the Secretary
shall ensure that such results do not include any personally
identifiable information of Armed Forces recruits, members of
the Armed Forces, or any other individual surveyed under this
section.
SEC. 751. FUNDING FOR PANCREATIC CANCER RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in section 4501, for R&D Research is hereby
increased by $5,000,000 for the purposes of pancreatic cancer research,
of which $5,000,000 is for the purposes of a pancreatic cancer early
detection initiative (EDI).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for Defense Health Program, as specified in the
corresponding funding table in section 4501, for Base Operations/
Communications is hereby reduced by $5,000,000.
SEC. 752. REPORT ON DISCREPANCIES BETWEEN TRICARE PROGRAM AND CHAMPVA
PROGRAM IN CERTAIN COVERAGE STANDARDS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report that details any discrepancies between the TRICARE
program and the CHAMPVA program of the Department of Veterans Affairs,
with respect to coverage standards under such programs for nursing home
care and in-home care.
(b) Matters.--The report under subsection (a) shall include, with
respect to any standard described in such subsection under the TRICARE
program that the Secretary determines is lower than the corresponding
standard under the CHAMPVA program of the Department of Veterans
Affairs, a description of--
(1) the anticipated cost of aligning such lower standard to
conform with the higher standard; and
(2) any obstacles (including statutory, regulatory, or
other obstacles) to such alignment.
SEC. 753. FUNDING FOR RAPID SCREENING UNDER DEVELOPMENT OF MEDICAL
COUNTERMEASURES AGAINST NOVEL ENTITIES PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 4201 for Advanced Component Development & Prototypes, Research,
Development, Test, and Evaluation, Defense-Wide, as specified in the
corresponding funding table in section 4201, for the Chemical and
Biological Defense Program- DEM/VAL, Line 82, is hereby increased by
$4,500,000 for the Development of Medical Countermeasures Against Novel
Entities program of the Defense Threat Reduction Agency, to allow for
the rapid screening of all compounds approved by the Food and Drug
Administration, and other human-safe compound libraries, to identify
optimal drug candidates for repurposing as medical countermeasures for
COVID-19 and other novel and emerging biological threats.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 4201 for Operations and Maintenance, Defense-Wide, as specified
in the corresponding funding table in 4301, for Defense Media Activity,
Line 370, is hereby reduced by $4,500,000.
SEC. 754. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE
BREAST CANCER.
(a) In General.--The Office of Health of the Department of Defense
shall work in collaboration with the National Institutes of Health to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be
identified earlier in the progression of their disease;
and
(B) the development of multiple targeted therapies
for the disease.
(b) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, is hereby increased by
$10,000,000 to carry out subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, for Private Sector Care is
hereby reduced by $10,000,000.
SEC. 755. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in such division, is hereby increased by
$2,500,000 for post-traumatic stress disorder.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, for Private Sector Care is
hereby reduced by $2,500,000.
SEC. 756. REPORT ON RATE OF MATERNAL MORTALITY AMONG MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, and with respect to members of the Coast
Guard, the Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the Navy, shall
submit to Congress a report on the rate of maternal mortality among
members of the Armed Forces and the dependents of such members.
SEC. 757. SENSE OF CONGRESS ON DESIGNATION OF MILITARY HEART HEALTH
AWARENESS DAY.
It is the sense of Congress that there should be designated a
``Military Heart Health Awareness Day''.
SEC. 758. PILOT PROGRAM TO IMPROVE MILITARY READINESS THROUGH NUTRITION
AND WELLNESS INITIATIVES.
(a) Pilot Program.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall carry out a pilot
program to improve military readiness through nutrition and wellness
initiatives.
(b) Unit Selection.--The Secretary of Defense shall select for
participation in the pilot program under subsection (a) a unit at a
basic training facility or an early instructional facility of a
military department.
(c) Elements.--The pilot program under subsection (a) shall include
the following activities:
(1) The development, and administration to the unit
selected pursuant to subsection (b), of an educational
curriculum relating to nutrition, physical fitness, the proper
use of supplements, and any other human performance elements
determined relevant by the Secretary of the military department
with jurisdiction over the unit.
(2) The provision to the unit of health-related testing.
(3) The provision to the unit of dietary supplements.
(d) Implementing Partner.--
(1) Selection.--The Secretary of Defense shall select as an
implementing partner a single contractor to both carry out all
of the activities under subsection (c) and manufacture the
dietary supplements to be provided pursuant to subsection
(c)(3) at a manufacturing facility owned by the contractor. In
making such selection, the Secretary shall ensure that the
contractor enforces an appropriate level of third-party review
with respect to the quality and safety of products
manufactured, as determined by the Secretary.
(2) Considerations.-- In selecting the contractor under
paragraph (1), the Secretary shall consider the following:
(A) Whether the contractor has the ability to carry
out each activity under subsection (c), in addition to
the ability to manufacture the dietary supplements to
be provided pursuant to subsection (c)(3).
(B) Whether the manufacturing facility of the
contractor is a fully independent, third-party
certified, manufacturing facility that holds the
highest ``Good Manufacturing Practice'' certification
or rating possible, as issued by a regulatory agency of
the Federal government.
(C) Whether the manufacturing facility of the
contractor, and all finished products manufactured
therein, have been verified by a third-party as free
from banned substances and contaminants.
(D) Whether the contractor is in compliance with
the adverse event reporting policy and third-party
adverse event monitoring policy of the Food and Drug
Administration.
(E) Whether the contractor implements a stability
testing program that supports product expiration
dating.
(F) Whether the contractor has a credible and
robust environment, social, and governance policy that
articulates responsibilities and annual goals.
(G) Whether the contractor has demonstrated at
least five years of operation as a business in good
standing in the industry.
(H) Whether the contractor has a demonstrated
history of maintaining relationships with nationally-
recognized medical and health organizations.
(e) Coordination.--In carrying out the pilot program under
subsection (a), the contractor selected under subsection (d) shall
coordinate with the following:
(1) Command, training, and medical officers and
noncommissioned officers.
(2) Outside experts (including experts with relevant
experience from research and testing organizations, credible
medical committees, or hospitals) that may lend personalized
support, capture data, and facilitate third-party adverse event
reporting.
(f) Duration.--The pilot program under subsection (a) shall be for
a period of six months.
(g) Report.--Upon the termination of the pilot program under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the pilot
program, including any findings or data from the pilot program, and a
recommendation by the Secretary of Defense for improvements to the
readiness of the Armed Forces based on such findings and data.
SEC. 759. MANDATORY TRAINING ON TREATMENT OF EATING DISORDERS.
The Secretary of Defense shall furnish to each medical professional
who provides direct care services under the military health system a
mandatory training, consistent with generally accepted standards of
care, on how to screen, intervene, and refer patients to treatment, for
the severe mental illness of eating disorders.
SEC. 760. PRIORITY FOR DOMESTICALLY SOURCED BOVINE HEPARIN.
The Secretary of Defense shall provide priority for domestically
sourced, fully traceable, bovine heparin approved by the Food and Drug
Administration when available.
SEC. 761. ACCESS TO MENSTRUAL HYGIENE PRODUCTS AND ACCOMMODATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Defense shall submit to Congress a report on the
availability of menstrual hygiene products on military bases, and
accommodations related to menstrual hygiene available to members of the
Armed Forces.
SEC. 762. REPORT ON PRECONCEPTION AND PRENATAL CARRIER SCREENING TESTS
UNDER TRICARE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on potential TRICARE coverage of preconception and
prenatal carrier screening tests for certain medical conditions.
(b) Report Contents.--The report required under subsection (a)
shall include, with respect to such tests--
(1) a cost-benefit analysis of TRICARE coverage expansion;
(2) an assessment of the coverage of such tests by public
and private sector health plans; and
(3) an assessment of the benefits to health outcomes for
military families and the impact, if any, on military readiness
of members of the Armed Forces.
(c) Definition of TRICARE.--In this section, the term ``TRICARE''
has the meaning given that term in section 1072 of title 10, United
States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS.
(a) In General.--Subchapter IV of chapter 87 of title 10, United
States Code, is amended by inserting after section 1746 the following
new section:
``Sec. 1746a. Acquisition workforce educational partnerships
``(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall
establish a program within Defense Acquisition University to--
``(1) facilitate the engagement of experts in instructional
design from participants in the acquisition research
organization established under section 2361a with the faculty
of the Defense Acquisition University to organize and adjust
the curriculum of the Defense Acquisition University, as
appropriate, to ensure that--
``(A) the curriculum accords with the educational
framework commonly known as Bloom's taxonomy;
``(B) classes are composed of students from diverse
positions in the acquisition workforce; and
``(C) higher level classes require students to
create solutions to operational challenges related to
acquisition policy reform through human-centered design
projects;
``(2) in coordination with the Office of Human Capital
Initiatives, facilitate the retention of critical members of
the acquisition workforce by providing academic advising with
respect to classes offered by the Defense Acquisition
University to both members of the acquisition workforce and the
supervisors of the members to ensure that each member takes the
classes that are suited to the experience level, position, and
professional development of such member;
``(3) partner with extramural institutions to offer
training to all members of the acquisition workforce addressing
operational challenges that affect procurement decision-making,
including training on--
``(A) intellectual property and data rights
negotiations;
``(B) the effects of climate change and the need to
invest in mitigating such effects throughout the full
life cycle of a project;
``(C) partnering with contractors and other
suppliers to attract new companies with emerging
technologies and to ensure supply chain resiliency; and
``(D) enabling rapid and efficient procurement of
technologies in a manner that permits quick response to
technological changes;
``(4) support the partnerships between the Department of
Defense and extramural institutions with missions relating to
the training and development of members of the acquisition
workforce;
``(5) accelerate the adoption of flexible contracting
techniques by the acquisition workforce by expanding the
availability of training on such techniques and incorporating
such training into the curriculum of the Defense Acquisition
University, including partnering with extramural institutions
to expand the availability of training related to transaction
authorities under sections 2371 and 2371b to attorneys and
technical specialists; and
``(6) enhance the reputation of the faculty of the Defense
Acquisition University by--
``(A) building partnerships between the faculty of
the Defense Acquisition University and participants in
the activity established under section 2361a; and
``(B) supporting the preparation and drafting of
the reports required under subsection (f)(2).
``(b) Curriculum Adjustments.--Not later than the date that is one
year after the date of the enactment of this section, the President of
the Defense Acquisition University shall reorganize and adjust the
curriculum of the Defense Acquisition University, as appropriate, to
comply with the criteria described in subparagraphs (A), (B), and (C)
of subsection (a)(1).
``(c) Program Director of Strategic Partnerships.--
``(1) Establishment.--There is established in the Office of
the President of the Defense Acquisition University the
position of Program Director of Strategic Partnerships.
``(2) Duties.--The Program Director of Strategic
Partnerships shall establish, develop, and maintain
partnerships between the Defense Acquisition University and
extramural institutions.
``(3) Appointment.--
``(A) In general.--The President of the Defense
Acquisition University shall appoint the Program
Director of Strategic Partnerships.
``(B) Initial appointment.--Not later than 180 days
after the enactment of this section, the President of
the Defense Acquisition University shall appoint a
Program Director of Strategic Partnerships.
``(d) Implementation.--
``(1) Support from other department of defense
organizations.--The Secretary of Defense may direct other
elements of the Department of Defense to provide personnel,
resources, and other support to the program established under
this section, as the Secretary determines appropriate.
``(2) Implementation plan.--
``(A) In general.--Not later than one year after
the date of the enactment of this section, the
President of the Defense Acquisition University shall
submit to the congressional defense committees a plan
for implementing the program established under this
section.
``(B) Elements.--The plan required under
subparagraph (A) shall include the following:
``(i) Plans that describe any support that
will be provided for the program by other
elements of the Department of Defense under
paragraph (1).
``(ii) Plans for the implementation of the
program, including plans for--
``(I) future funding and
administrative support of the program;
``(II) integration of the program
into the programming, planning,
budgeting, and execution process of the
Department of Defense;
``(III) integration of the program
with the other programs and initiatives
within the Department relating to
innovation and outreach to the academic
and the private sector; and
``(IV) performance indicators by
which the program will be assessed and
evaluated.
``(iii) A description of any additional
authorities the Secretary of Defense may
require to carry out the responsibilities under
this section.
``(e) Funding.--Subject to the availability of appropriations, the
Under Secretary of Defense for Acquisition and Sustainment may use
amounts available in the Defense Acquisition Workforce and Development
Account (as established under section 1705) to carry out the
requirements of this section.
``(f) Annual Reports.--
``(1) In general.--Not later than September 30, 2022, and
annually thereafter, the President of the Defense Acquisition
University shall submit to the Secretary of Defense and the
congressional defense committees a report describing the
activities conducted under this section during the one-year
period ending on the date on which such report is submitted.
``(2) Faculty reports.--
``(A) In general.--Except as provided in
subparagraph (C), not later than six months after the
date of the enactment of this section, and not later
than March 1 of each year thereafter, each individual
employed by the Defense Acquisition University as a
full-time professor, instructor, or lecturer and each
group created under subparagraph (B) shall submit to
the congressional defense committees a report on the
area of Federal acquisition expertise of such
individual or group, including--
``(i) developments in such area during the
one-year ending on the date on which the report
is submitted; and
``(ii) suggested legislative and regulatory
reforms.
``(B) Group determinations.--The President of the
Defense Acquisition University may group together
individuals described in subparagraph (A) that the
President of the Defense Acquisition University
determines to be experts in the same or substantially
overlapping areas of Federal acquisition.
``(C) Individual report exception.--Subparagraph
(A) shall not apply with respect to an individual that
is a member of a group created under subparagraph (B)
for any year in which such group submits a report under
this paragraph to which such individual contributed as
a member of such group.
``(g) Exemption to Report Termination Requirements.--Section
1080(a) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by
section 1061(j) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2405; 10 U.S.C. 111 note),
does not apply with respect to the reports required to be submitted to
Congress under this section.
``(h) Definitions.--In this section:
``(1) Acquisition workforce.--The term `acquisition
workforce' has the meaning given such term in section 1705(g).
``(2) Extramural institutions.--The term `extramural
institutions' means participants in an activity established
under section 2361a, public sector organizations, and nonprofit
credentialing organizations.
``(3) Human-centered design.--The term `human-centered
design' means a solution to a problem that is based on a
problem-solving approach under which the individual or entity
seeking to solve the problem--
``(A) develops an understanding of the problem
primarily by interacting with individuals who are
experiencing the problem;
``(B) creates solutions to the problem that are
based on such understanding and which are designed to
address the needs of such individuals with respect to
the problem; and
``(C) involves such individuals in the development
and testing of such solutions.
``(4) Nonprofit credentialing organization.--The term
`nonprofit credentialing organization' means a nonprofit
organization that offers a credentialing program that--
``(A) is accredited by a nationally-recognized,
third-party personnel certification program accreditor;
``(B)(i) is sought or accepted by employers within
the industry or sector involved as a recognized,
preferred, or required credential for recruitment,
screening, hiring, retention, or advancement purposes;
and
``(ii) where appropriate, is endorsed by a
nationally-recognized trade association or
organization representing a significant part of
the industry or sector; or
``(C) meets credential standards of a Federal
agency.
``(5) Technical specialist.--The term `technical
specialist' means an individual who is authorized by the
Secretary of Defense or a Secretary of a military department to
enter into agreements under the authority of section 2371 or
2371b and is not otherwise authorized to enter into procurement
contracts or cooperative agreements.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 87 of title 10, United States Code, is amended by inserting
after the item relating to section 1746 the following new item:
``1746a. Acquisition workforce educational partnerships.''.
SEC. 802. SPECIAL EMERGENCY REIMBURSEMENT AUTHORITY.
(a) In General.--Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2265. Special emergency reimbursement authority
``(a) Special Emergency Reimbursement Authority.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Defense may, in accordance with paragraph
(2) and subsection (c), modify the terms and conditions of a
covered contract, without consideration, to reimburse a
contractor for the cost of any paid leave, including sick
leave, that such contractor provides to the employees of such
contractor or employees of subcontractors (at any tier) of such
contractor in response to a covered emergency to keep such
employees or subcontractors in a ready state with respect to
such covered contract.
``(2) Reimbursement requirements.--
``(A) Eligible employee and subcontract costs.--
Reimbursements under this subsection may be made only
with respect to employees of a contractor or employees
of subcontractors (at any tier) of a contractor which,
for the relevant covered contract--
``(i) are unable to perform work on a
covered site due to facility closures or other
restrictions; and
``(ii) cannot telework because the duties
of such employee or contractor cannot be
performed remotely.
``(B) Average hours.--The number of hours of paid
leave for which the cost may be reimbursement under
this subsection may not exceed an average of 40 hours
per week per employee described in subparagraph (A).
``(C) Bill rate.--The minimum applicable contract
billing rate under the relevant covered contract shall
be used to calculate reimbursements under this
subsection.
``(b) Enhanced Reimbursement for Small Business Contractors.--
``(1) In general.--In addition to any reimbursement under
subsection (a), the Secretary of Defense may, in accordance
with paragraph (2) and subsection (c), modify the terms and
conditions of a covered contract, without consideration, to
reimburse a small business contractor for costs, other than
costs reimbursable under subsection (a), that are direct costs
of a covered emergency with respect to which reimbursement is
permitted under subsection (a).
``(2) Limitations.--The Secretary of Defense may reimburse
a small business contractor under this subsection to the extent
that the relevant contracting officer determines in writing
that--
``(A) such reimbursement is necessary to ensure the
continuation of contractor performance during, or the
resumption of contractor performance after, the covered
emergency;
``(B) the small business contractor mitigated the
costs that may be reimbursed under this subsection to
the extent practicable; and
``(C) it is in the best interest of the United
States to reimburse such costs.
``(c) Reimbursement Conditions.--
``(1) Cost identification.--A cost is eligible for
reimbursement under subsection (a) or (b) only if the relevant
contracting officer determines that the records of the
contractor to identify such cost as a cost described in either
such subsection such that such contracting officer may audit
such cost.
``(2) Other federal benefit offset.--
``(A) In general.--Any reimbursement under
subsection (a) or (b) shall be reduced by an amount
equal to the total amount of any other Federal payment,
allowance, or tax or other credit received for a cost
that is reimbursable under such subsection.
``(B) Notification.--A contractor that receives a
payment, allowance, or credit described in subparagraph
(A) for a cost which such contractor seeks
reimbursement under subsection (a) or (b) shall submit
to the relevant contracting officer a notice of the
receipt of such payment, allowance, or credit--
``(i) prior to the execution of a contract
modification providing such reimbursement; and
``(ii) not later than 30 days after such
receipt.
``(C) Post reimbursement.--A contractor that
receives a payment, allowance, or credit described in
subparagraph (A) for a cost after the execution of a
contract modification under subsection (a) or (b)
reimbursing such cost, or that is unable to provide the
notice required under subparagraph (B) in accordance
with clause (i) of such subparagraph, shall--
``(i) not later than 30 days after the
receipt of the payment, allowance, or credit,
notify the relevant contracting officer in
writing of such receipt; and
``(ii) agree to execute a contract
modification to reduce the amount reimbursed
under subsections (a) and (b) by the amount of
such payment, allowance, or credit.
``(3) Appropriations availability.--Reimbursements under
subsections (a) and (b) shall be subject to the availability of
appropriations.
``(d) Cost Accounting Standards.--For the purposes of this section,
a cognizant Federal agency official shall provide a contractor subject
to the cost accounting standards issued pursuant to section 1502 of
title 41 and required to submit one or more disclosure statements, a
reasonable opportunity to amend any such disclosure statements to
reflect any costs that are reimbursable under subsection (a).
``(e) Definitions.--In this section:
``(1) Cognizant federal agency official.--The term
`cognizant Federal agency official' has the meaning given such
term in section 30.001 of title 48, Code of Federal
Regulations.
``(2) Covered contract.--The term `covered contract' means
any contract, including a fixed-price or cost-reimbursement
contract, or any other agreement for the procurement of goods
or services by or for the Department of Defense.
``(3) Covered emergency.--The term `covered emergency'
means a declared pandemic which prevents the employees of a
contractor of the Department of Defense or the employees of a
subcontractor (at any tier) of such a contractor from
performing work under a covered contract, as determined by the
Secretary.
``(4) Covered site.--The term `covered site' means any
government-owned, government-leased, contractor-owned, or
contractor-leased facility approved by the Federal Government
for contract performance.
``(5) Disclosure statement.--The term `disclosure
statement' means a Disclosure Statement described in section
9903.202-1(a) of title 48, Code of Federal Regulations.
``(6) Minimum applicable contract billing rate.--The term
`minimum applicable contract billing rate' means a rate
capturing the financial impact incurred as a consequence of
keeping the employees of a contractor or employees of
subcontractors (at any tier) of a contractor in a ready state,
including the base hourly pay rate of such employees and
employees of such subcontractors, indirect costs, general and
administrative expenses, and other relevant costs.
``(7) Ready state.--The term `ready state' means able to
mobilize in a timely manner to perform under a covered
contract.
``(8) Small business contractor.--The term `small business
contractor' means a contractor for a covered contract that is a
small business concern (as such term is defined under section 3
of the Small Business Act (15 U.S.C. 632).''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 134 of title 10, United States Code, is amended by adding at
the end the following new item:
``2265. Special emergency reimbursement authority.''.
SEC. 803. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT
FROM NON-ALLIED FOREIGN NATIONS.
(a) Prohibition.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339d. Prohibition on procurement of personal protective
equipment and certain other items from non-allied foreign
nations
``(a) In General.--Except as provided in subsection (c), the
Secretary of Defense may not procure any covered item from any covered
nation.
``(b) Applicability.--Subsection (a) shall apply to prime contracts
and subcontracts at any tier.
``(c) Exceptions.--
``(1) In general.--Subsection (a) does not apply under the
following circumstances:
``(A) If the Secretary of Defense determines that
covered materials of satisfactory quality and quantity,
in the required form, cannot be procured as and when
needed from nations other than covered nations to meet
requirements at a reasonable price.
``(B) The procurement of a covered item for use
outside of the United States.
``(C) Purchases for amounts not greater than
$150,000.
``(2) Limitation.--A proposed purchase or contract for an
amount greater than $150,000 may not be divided into several
purchases or contracts for lesser amounts in order to qualify
for this exception.
``(d) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means an
article or item of--
``(A) personal protective equipment for use in
preventing spread of communicable disease, such as by
exposure to infected individuals or contamination or
infection by infectious material (including surgical
masks, respirator masks and electric-powered air
purifying respirators and required filters, face
shields and protective eyewear, surgical and isolation
gowns, and head and foot coverings) or clothing, and
the materials and components thereof, other than
sensors, electronics, or other items added to and not
normally associated with such personal protective
equipment or clothing; or
``(B) sanitizing and disinfecting wipes, testing
swabs, gauze, and bandages.
``(2) Covered nation.--The term `covered nation' means--
``(A) the Democratic People's Republic of North
Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2339c the following:
``2339d. Prohibition on procurement of personal protective equipment
and certain other items from non-allied
foreign nations.''.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2339d of title 10,
United States Code, as added by subsection (a), is transferred
to subchapter I of chapter 283 of such title, added after
section 3881, as transferred and redesignated by section
1837(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
and redesignated as section 3882.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections at the beginning of chapter 283 of title 10,
United States Code, as added by section 1837(a) of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283), is amended by inserting after the item related to
section 3881 the following new item:
``3882. Prohibition on procurement of personal protective equipment and
certain other items from non-allied foreign
nations.''.
(B) Origin chapter table of sections.--The table of
sections at the beginning of chapter 137 of title 10,
United States Code, as amended by subsection (a), is
further amended by striking the item relating to
section 2339d.
(3) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take effect on January
1, 2022.
(4) References; savings provision; rule of construction.--
Sections 1883 through 1885 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) shall apply with respect to the transfers,
redesignations, and amendments made under this subsection as if
such transfers, redesignations, and amendments were made under
title XVIII of such Act.
SEC. 804. MINIMUM WAGE FOR EMPLOYEES OF DEPARTMENT OF DEFENSE
CONTRACTORS.
(a) In General.--
(1) Minimum wage for employees of department of defense
contractors.--Chapter 141 of title 10, United States Code is
amended by inserting after section 2402 the following new
section:
``Sec. 2403. Minimum wage for employees of Department of Defense
contractors
``(a) In General.--Notwithstanding section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206), an employee of a Department of
Defense contractor performing a covered contract who is paid at an
hourly rate shall be paid a minimum wage as follows:
``(1) Beginning January 30, 2022, $15.00 an hour.
``(2) Beginning January 1, 2023, at a minimum wage
determined annually by the Secretary, except such wage may not
be less than $15.00 an hour.
``(b) Covered Contract Defined.--In this section, the term `covered
contract' means a contract or other agreement entered into on or after
January 30, 2022, that--
``(1) is for the procurement of services or construction;
and
``(2) with respect to which wages under such contract or
other agreement are subject to--
``(A) the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.);
``(B) section 6702 of title 41; or
``(C) subchapter IV of chapter 31 of title 40
(known as the `Davis-Bacon Act').''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2042 the following new item:
``2403. Minimum wage for employees of Department of Defense
contractors.''.
(b) Rulemaking.--Not later than January 30, 2022, the Secretary of
Defense shall issue rules to carry out the requirement of section 2403
of title 10, United States Code, as added by subsection (a).
SEC. 805. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS FOR COVERED
CONTRACTORS.
(a) In General.--Subchapter V of chapter 325 of title 10, United
States Code, is amended by inserting after section 4892 the following
new section:
``Sec. 4893. Diversity and inclusion reporting requirements for covered
contractors
``(a) Covered Contractor Reports.--
``(1) In general.--The Secretary of Defense shall require
each covered contractor awarded a major contract to submit to
the Secretary of Defense by the last day of each full fiscal
year that occurs during the period of performance of any major
contract a report on diversity and inclusion.
``(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year covered by the report--
``(A) a description of each major contract with a
period of performance during the fiscal year covered by
the report, including the period of performance,
expected total value, and value to date of each major
contract;
``(B) the total value of payments received under
all major contracts of each covered contractor during
such fiscal year;
``(C) the total number of participants in the board
of directors of each covered contractor, nominees for
the board of directors of the covered contractor, and
the senior leaders of the covered contractor,
disaggregated by demographic classifications;
``(D) with respect to employees of each covered
contractor--
``(i) the total number of such employees;
and
``(ii) the number of such employees
(expressed as a numeral and as a percentage of
the total number), identified by membership in
demographic classification and major
occupational group;
``(E) the value of first-tier subcontracts under
each major contract entered into during such fiscal
year;
``(F) with respect to employees of each covered
subcontractor--
``(i) the total number of such employees;
``(ii) the number of such employees
(expressed as a numeral and as a percentage of
the total number), identified by membership in
demographic classification and major
occupational group;
``(G) whether the board of directors of the covered
contractor has, as of the date on which the covered
contractor submits a report under this section, adopted
any policy, plan, or strategy to promote racial,
ethnic, and gender diversity among the members of the
board of directors of the covered contractor, nominees
for the board of directors of the covered contractor,
or the senior leaders of the covered contractor; and
``(H) a description of participation by the
contractor in diversity programs, to include hours
spent, funds expended in support of, and the number of
unique relationships established by each such diversity
program.
``(b) Annual Summary Report.--
``(1) Report required.--Not later than 60 days after the
first day of each fiscal year, the Secretary shall submit to
the congressional defense committees a report summarizing the
reports submitted pursuant to subsection (a).
``(2) Elements.--Each report under paragraph (1) shall
include--
``(A) an index of the reports submitted pursuant to
subsection (a);
``(B) a compilation of the data described in such
subsection, disaggregated as described in such
subsection;
``(C) an aggregation of the data provided in such
reports; and
``(D) a narrative that analyzes the information
disclosed in such reports and identifies any year-to-
year trends in such information.
``(c) Public Availability.--Each report required under this
subsection shall be posted on a single publicly available website of
the Department of Defense and made available in a machine-readable
format that is downloadable, searchable, and sortable.
``(d) Definitions.--In this section:
``(1) Covered contractor.--The term `covered contractor'
means a contractor awarded a major contract.
``(2) Covered subcontractor.--The term `covered
subcontractor' means a subcontractor performing a subcontract
that is one of the 10 highest aggregate value subcontracts
under a major contract.
``(3) Demographic classifications.--The term `demographic
classifications' means classifications by race, gender, veteran
status, or ethnicity.
``(4) Diversity program.--The term `diversity program'
means--
``(A) a program conducted under section 3904 of
this title;
``(B) a mentor-protege relationship established
under section 831 of the National Defense Authorization
Act for Fiscal Year 1991;
``(C) a program conducted under section 2192a of
this title; or
``(D) any other program designated by the Secretary
of Defense as designed to increase the diversity of the
workforce of the defense industrial base.
``(5) Major contract.--The term `major contract' has the
meaning given the term in section 2432 of this title.
``(6) Major occupational group.--The term `major
occupational group' means a major occupational group as defined
by the Bureau of Labor Statistics.
``(7) Senior leader.--The term `senior leader' means--
``(A) the president of a covered contractor;
``(B) any vice president in charge of a principal
business unit, division, or function of a covered
contractor;
``(C) any other officer of a covered contractor who
performs a policy-making function; or
``(D) an individual responsible for the direct or
indirect management of more than 200 individuals.''.
(b) Clerical Amendment.--The table of sections for subchapter V of
chapter 325 of title 10, United States Code, is amended by adding after
the item related to section 4892 the following:
``4893. Diversity and inclusion reporting requirements for covered
contractors.''.
(c) Effective Date and Applicability.--The amendments made by this
section shall take effect on July 1, 2022, and shall apply with respect
to contracts entered into on or after July 1, 2022.
SEC. 806. WEBSITE FOR CERTAIN DOMESTIC PROCUREMENT WAIVERS.
(a) In General.--Section 4814 of title 10, United States Code, as
transferred and redesignated by section 1867(b) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended
by adding at the end the following new subsection:
``(c) Website Required.--Not later than 18 months after the date of
the enactment of this subsection, the Secretary of Defense shall
establish and maintain a single publicly available website for the
purpose of publishing the information required by subsection (a)(5).''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2022.
SEC. 807. SUSPENSION OR DEBARMENT REFERRAL FOR EGREGIOUS VIOLATIONS OF
CERTAIN DOMESTIC PREFERENCE LAWS.
(a) In General.--A contracting officer shall refer to the
appropriate suspension or debarment official any current or former
contractor of the Department of Defense if such contracting officer
reasonably believes that such contractor has egregiously violated any
covered domestic preference law.
(b) Egregious Violation Determination.--For the purposes of this
section, a contractor egregiously violates a covered domestic
preference law when--
(1) such contractor knowingly or willfully uses or provides
goods, articles, materials, or supplies in violation of a
covered domestic preference law; and
(2) such violation, individually or in the aggregate with
other violations of domestic preference laws by such
contractor, is severe (including through the effects, dollar
value, or frequency, or any combination thereof, of such
violations).
(c) Debarment or Suspension Basis.--An egregious violation of a
covered domestic preference law by a contractor may be a basis for
suspension or debarment of the contractor.
(d) Safe Harbor.--The use or provision of goods, articles,
materials, or supplies by a contractor in violation of a covered
domestic preference law may not be considered such a violation for the
purposes of a determining whether such contractor has egregiously
violated any covered domestic preference law if such contractor
reasonably acted in good-faith reliance on--
(1) a written waiver from an individual who is permitted by
law or regulation to waive the covered domestic preference law;
or
(2) a representation by a third party about the origin of
such goods, articles, materials, or supplies.
(e) Covered Domestic Preference Law Defined.--In this section, the
term ``covered domestic preference law'' means any provision of section
2533a or 2533b of title 10, United States Code, or chapter 83 of title
41 of such Code that requires or creates a preference for the
procurement of goods, articles, materials, or supplies, that are grown,
mined, reprocessed, reused, manufactured, or produced in the United
States.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. EXTENSION OF AUTHORIZATION FOR THE DEFENSE CIVILIAN
ACQUISITION WORKFORCE PERSONNEL DEMONSTRATION PROJECT.
Section 1762(g) of title 10, United States Code, is amended by
striking ``2023'' and inserting ``2025''.
SEC. 812. MODIFICATIONS TO CONTRACTS SUBJECT TO COST OR PRICING DATA
CERTIFICATION.
Section 2306a(a)(6) of title 10, United States Code, is amended--
(1) by striking ``Upon the request'' and all that follows
through ``paragraph (1)'' and inserting ``Under paragraph
(1),''; and
(2) by striking ``modify the contract'' and all that
follows through ``consideration.'' and inserting ``modify the
contract as soon as practicable to reflect subparagraphs (B)
and (C) of such paragraph, without requiring consideration.''.
SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT EMPLOYEE TRAINING
REQUIREMENTS.
Section 2228 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) To the greatest extent practicable, the Director
shall ensure that contractors of the Department of Defense
carrying out activities for the prevention and mitigation of
corrosion of the military equipment and infrastructure of the
Department of Defense employ for such activities a substantial
number of individuals who have completed, or who are currently
enrolled in, a qualified training program that meets industry-
wide recognized corrosion control standards.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) require that any training or professional development
activities for military personnel or civilian employees of the
Department of Defense for the prevention and mitigation of
corrosion of the military equipment and infrastructure of the
Department of Defense be under a qualified training program
such that, to the greatest extent practicable, the military
personnel or civilian employees participating in such qualified
training program are trained and certified by the qualified
training program as meeting industry-wide recognized corrosion
control standards.''; and
(3) in subparagraph (f), by adding at the end the following
new paragraph:
``(6) The term `qualified training program' means a
training program in corrosion control, mitigation, and
prevention that is either--
``(A) offered or accredited by an organization that
sets industry corrosion standards; or
``(B) an industrial coatings applicator training
program registered under the Act of August 16, 1937
(popularly known as the `National Apprenticeship Act';
29 U.S.C. 50 et seq.).''.
SEC. 814. STANDARD GUIDELINES FOR EVALUATION OF REQUIREMENTS FOR
SERVICES CONTRACTS.
(a) Inclusion of Inventory and Standard Guidelines in Budget
Request.--Section 2329 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Effective October 1, 2021,'' and inserting
``Effective February 1, 2022,'';
(B) by amending paragraph (4) to read as follows:
``(4) be informed by the review the inventory required by
section 2330a(c) using standard guidelines developed under
subsection (d).''; and
(C) in paragraph (5), by inserting ``, except with
respect to information on services contracts in support
of contingency operations, humanitarian assistance,
disaster relief, in support of a national security
emergency declared with respect to a named operation,
or entered into pursuant to an international agreement
shall be excluded from such submission'' before the
period at the end;
(2) by striking subsection (f); and
(3) redesignating subsection (g) as subsection (f).
(b) Standard Guidelines.--Section 2329(d) of title 10, United
States Code, is amended--
(1) by striking ``Each Services Requirements Review Board''
and inserting ``(1) Each Services Requirements Review Board'';
and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall establish and issue standard
guidelines within the Department of Defense for the evaluation of
requirements for services contracts. Any such guidelines issued--
``(A) shall be based on the checklist relating to services
contract approval established and in use by the Department of
the Army (as set forth in the request for services contract
approval form updated as of August 2012, or any successor
form); and
``(B) shall be updated as necessary to incorporate
applicable statutory changes to total force management policies
and procedures and any other guidelines or procedures relating
to the use Department of Defense civilian employees to perform
new functions and functions that are performed by contractors.
``(3) A general or flag officer, or a civilian employee of the
Department of Defense in the Senior Executive Service, with
responsibility for supervising requirements owners shall certify--
``(A) that a task order or statement of work being
submitted to a contracting office is in compliance with the
standard guidelines;
``(B) that all appropriate statutory risk mitigation
efforts have been made; and
``(C) that such task order or statement of work does not
include requirements formerly performed by Department of
Defense civilian employees.
``(4) A general or flag officer, or a civilian employee of the
Department of Defense in the Senior Executive Service may not delegate
the duties described in paragraph (3) to an officer in a grade below O-
7 (or a civilian employee of the Department of Defense at or below
grade GS-15 of the General Schedule) without authorization from the
Assistant Secretary of the Department of Defense concerned.
``(5) The Inspector General of the Department of Defense may
conduct annual audits to ensure compliance with this section.''.
(c) Repeals.--
(1) Section 235 of title 10, United States Code, is
repealed.
(2) Section 852 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1492; 10
U.S.C. 2329 note) is repealed.
SEC. 815. EXTENSION OF REQUIREMENT TO SUBMIT SELECTED ACQUISITION
REPORTS.
(a) Repeal of Termination.--Section 2432 of title 10, United States
Code, is amended by striking subsection (j).
(b) Repeal of Termination of Certain Additional Reports.--Section
1051(x) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1567; 10 U.S.C. 111 note) is amended by
striking paragraph (4).
SEC. 816. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD ANCHOR AND
MOORING CHAIN FOR NAVAL VESSELS.
Section 2534 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(F) Welded shipboard anchor and mooring chain.'';
and
(2) in subsection (b)--
(A) by striking ``A manufacturer'' and inserting
``(1) Except as provided in paragraph (2), a
manufacturer''; and
(B) by adding at the end the following new
paragraph:
``(2) A manufacturer of welded shipboard anchor and mooring chain
for naval vessels meets the requirements of this subsection if the
manufacturer is part of the national technology and industrial base.''.
SEC. 817. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON
INDUSTRIES.
(a) Competition Requirements for Purchases From Federal Prison
Industries.--Section 3905 of title 10, United States Code, as
transferred and redesignated by section 1838(b) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended
by striking subsections (a) and (b) and inserting the following new
subsections:
``(a) Market Research.--Before purchasing a product listed in the
latest edition of the Federal Prison Industries catalog published under
section 4124(d) of title 18, the Secretary of Defense shall conduct
market research to determine whether such product--
``(1) is comparable to products available from the private
sector; and
``(2) best meets the needs of the Department of Defense in
terms of price, quality, and time of delivery.
``(b) Competition Requirement.--If the Secretary determines that a
Federal Prison Industries product is not comparable to products
available from the private sector and does not best meet the needs of
the Department of Defense in terms of price, quality, or time of
delivery, the Secretary shall use competitive procedures or make an
individual purchase under a multiple award contract for the procurement
of the product. In conducting such a competition or making such a
purchase, the Secretary shall consider a timely offer from Federal
Prison Industries.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on February 1, 2022.
SEC. 818. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS.
(a) Repeal.--Section 829 of the National Defense Authorization Act
for Fiscal Year 2017 (10 U.S.C. 2306 note) is repealed.
(b) Conforming Amendment.--Chapter 242 of title 10, United States
Code, as amended by section 1817(a) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in table of contents for such chapter, by striking the
item relating to section 3324; and
(2) by striking the enumerator, section heading, and
subsequent matter relating to section 3324.
SEC. 819. MODIFICATION TO THE PILOT PROGRAM FOR STREAMLINING AWARDS FOR
INNOVATIVE TECHNOLOGY PROJECTS.
(a) Extension.--Section 873(f) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
2306a note) is amended by striking ``October 1, 2022'' and inserting
``October 1, 2024''.
(b) Recommendation on Extension.--
(1) In general.--Not later than April 1, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a recommendation regarding the extension of the
pilot program for streamlining awards for innovative technology
projects established under section 873(f) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2306a note), and if applicable, the duration of
any such extension.
(2) Data on extension.--If the Secretary of Defense
recommends an extension of the pilot program under paragraph
(1), not later than 60 days after making such recommendation,
the Secretary shall submit to the congressional defense
committees a report on the outcomes of the pilot program,
including--
(A) the number of small business concerns (as
defined under section 3 of the Small Business Act (15
U.S.C. 632)) or nontraditional defense contractors (as
defined under section 2302 of title 10, United States
Code) that benefitted from the implementation of the
pilot program;
(B) the number of small business concerns that
would not have entered into a contract with the
Department of Defense but for the implementation of the
pilot program; and
(C) a description of the goods and services
acquired by the Department through the pilot program
that otherwise would not have been acquired.
SEC. 820. OTHER TRANSACTION AUTHORITY INFORMATION ACCESSIBILITY.
Not later than 180 days after the date of the enactment of this
Act, the Under Secretary of Defense for Acquisition & Sustainment shall
submit to the congressional defense committees recommendations for
making data on the exercise of the authorities provided under sections
2371 or 2371b of title 10, United States Code, more accessible to the
public and improving the reporting of such information, including
recommendations for--
(1) reducing data reporting requirements to the minimum
necessary to identify--
(A) with respect to a transaction under either such
section--
(i) the participants to the transaction
(other than the Federal Government), including
each business selected to perform work under
the transaction by a participant to the
transaction that is a consortium of private
entities;
(ii) the date on which each participant
entered into the transaction; and
(iii) the amount of the transaction; and
(B) with respect to a follow-on contract or
transaction awarded under section 2371b of title 10,
United States Code--
(i) the awardee;
(ii) the amount; and
(iii) the date awarded.
(2) a method for collecting such information in an online,
public, searchable database.
SEC. 821. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT
DEPARTMENT OF DEFENSE LABORATORIES.
Section 801(e) of the National Defense Authorization Act for Fiscal
Year 2014 (10 U.S.C. 2514 note) is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by striking subsection (d) and inserting the following
new subsections:
``(d) Data Collection.--The Secretary of Defense shall develop and
implement a plan to collect and analyze data on the use of authority
under this section for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the Secretary of Defense and
Congress on the use of authority under this section and related
policy issues.
``(e) Report.--The Secretary of Defense shall submit a report to
the congressional defense committees not later than December 31,
2025.''; and
(3) in subsection (f) (as so redesignated), by striking
``December 31, 2021'' and inserting ``December 31, 2026''.
SEC. 822. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE ENEMY
PROGRAM.
(a) In General.--Section 841 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(10 U.S.C. 2302 note) is amended--
(1) in the heading, by striking ``prohibition on providing
funds to the enemy'' and inserting ``threat mitigation in
commercial support to operations'';
(2) in subsection (a)--
(A) in the heading, by striking ``Identification of
Persons and Entities'' and inserting ``Program'';
(B) in the matter preceding paragraph (1), by
striking ``establish in each covered combatant command
a program to identify persons and entities within the
area of responsibility of such command that--'' and
inserting the following: ``establish a program to
mitigate threats posed by vendors supporting
operations. The program shall use available
intelligence, security, and law enforcement information
to identify persons and entities that--'';
(C) in paragraph (1), by striking ``; or'' and
inserting a semicolon;
(D) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following new
paragraphs:
``(3) directly or indirectly support a covered person or
entity or otherwise pose a force protection risk to personnel
of the United States or coalition forces; or
``(4) pose an unacceptable national security risk.'';
(3) by striking subsection (g);
(4) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively;
(5) in subsection (g)(1), as so redesignated, by striking
``may be providing'' and all that follows through ``or entity''
and inserting ``have been identified under the program
established under subsection (a)'';
(6) by amending subsection (h), as so redesignated, to read
as follows:
``(h) Waiver.--The Secretary of Defense or
the Secretary of State, with the concurrence of
the other Secretary, in consultation with the
Director of National Intelligence, may waive
any requirement of this section upon
determining that to do so is in the national
interest of the United States.'';
(7) by striking subsection (j);
(8) by redesignating subsections (k) and (l) as subsections
(i) and (j), respectively;
(9) in subsection (j), as so redesignated, by striking
``Except as provided in subsection (m), the'' and inserting
``The'';
(10) by striking subsection (m); and
(11) by striking subsection (n).
(b) Authorities to Terminate, Void, and Restrict.--Section 841(c)
of such Act is further amended--
(1) in paragraph (1)--
(A) by inserting ``to a person or entity'' after
``concerned''; and
(B) by striking ``the contract'' and all that
follows and inserting ``the person or entity has been
identified under the program established under
subsection (a).'';
(2) in paragraph (2), by striking ``has failed'' and all
that follows and inserting ``has been identified under the
program established under subsection (a).''; and
(3) in paragraph (3), by striking ``the contract'' and all
that follows and inserting ``the contractor, or the recipient
of the grant or cooperative agreement, has been identified
under the program established under subsection (a).''.
(c) Contract Clause.--Section 841(d)(2)(B) of such Act is amended
by inserting after ``subsection (c)'' the following: ``and restrict
future award to any contractor, or recipient of a grant or cooperative
agreement, that has been identified under the program established under
subsection (a)''.
(d) Disclosure of Information Exception.--Section 841(e) of such
Act is amended by adding at the end the following new paragraph:
``(3) To provide that full disclosure of information to the
contractor or recipient of a grant or cooperative agreement
justifying an action taken under subsection (c) need not be
provided when such disclosure would compromise national
security or would pose an unacceptable threat to the personnel
of the United States or coalition forces.''.
(e) Participation of Secretary of State.--Section 841 of such Act
(10 U.S.C. 2302 note) is further amended--
(1) in subsection (a) in the matter preceding paragraph
(1), by striking ``in consultation with''; and
(2) in subsection (f)(1), by striking ``in consultation
with''.
(f) Additional Access to Records.--Section 842 of such Act (10
U.S.C. 2302 note) is amended--
(1) in subsection (a), by striking paragraph (4);
(2) by striking subsection (b);
(3) by striking subsection (c);
(4) by redesignating paragraphs (1) through (3) of
subsection (a) as subsections (a) through (c), respectively;
(5) by striking ``(a) Contracts, Grants, and Cooperative
Agreements.--'';
(6) in subsection (a), as so redesignated, by striking ``,
except as provided under subsection (c)(1), the clause
described in paragraph (2)'' and inserting ``the clause
described in subsection (b)'';
(7) in subsection (b), as so redesignated--
(A) by striking ``paragraph (3)'' and inserting
``subsection (c)''; and
(B) by striking ``ensure that funds'' and all that
follows and inserting ``support the program established
under section 841(a).''; and
(8) in subsection (c), as so redesignated--
(A) by striking ``paragraph (2)'' and inserting
``subsection (b)''; and
(B) by striking ``that funds'' and all that follows
and inserting ``that the examination of such records
will support the program established under section
841(a).''.
(g) Inclusion of All Contracts.--Sections 841 and 842 of such Act
(10 U.S.C. 2302 note) are further amended by striking ``covered
contract'' each place it appears and inserting ``contract''.
(h) Inclusion of All Combatant Commands.--Sections 841 and 842 of
such Act (10 U.S.C. 2302 note) are further amended by striking
``covered combatant command'' each place it appears and inserting
``combatant command''.
(i) Delegation Authority of Combatant Commander.--Sections 841 and
842 of such Act (10 U.S.C. 2302 note) are further amended by striking
``specified deputies'' each place it appears and inserting
``designee''.
(j) Definition Revisions.--Section 843 of such Act (10 U.S.C. 2302
note) is amended--
(1) by striking paragraphs (2), (3), (4), and (5);
(2) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (2), (3), (4), and (5), respectively; and
(3) by amending paragraph (2), as so redesignated, to read
as follows:
``(2) Covered person or entity.--The term `covered person
or entity' means a person that is--
``(A) engaging in acts of violence against
personnel of the United States or coalition forces;
``(B) providing financing, logistics, training, or
intelligence to a person described in subparagraph (A);
``(C) engaging in foreign intelligence activities
against the United States or against coalition forces;
``(D) engaging in transnational organized crime or
criminal activities; or
``(E) engaging in other activities that present a
direct or indirect risk to the national security of the
United States or coalition forces.''.
SEC. 823. CONTRACTOR LOBBYING RESTRICTION COMPLIANCE REQUIREMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall promulgate
regulations requiring each offeror that submits a bid or proposal in
response to a solicitation issued by the Department of Defense to
include in such bid or proposal a representation that all covered
individuals receiving compensation from such offeror are in compliance
with the requirements of section 1045 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1555; 10 U.S.C. 971 note prec.).
(b) Covered Individuals Defined.--The term ``covered individual''
means an individual described in subsection (a)(2) or (b)(2) of section
1045 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1555; 10 U.S.C. 971 note prec.).
Subtitle C--Provisions Relating to Supply Chain Security
SEC. 831. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT PRIORITIES.
The Secretary of Defense shall coordinate with the Secretary of
Energy to ensure that the priorities of the Department of Defense with
respect to the research and development of alternative technologies to,
and methods for the extraction, processing, and recycling of, critical
minerals (as defined in section 2(b) of the National Materials and
Minerals Policy, Research, and Development Act of 1980 (30 U.S.C.
1601(b))) are included in the appropriate research and development
activities funded by the Secretary of Energy pursuant to the program
established under paragraph (g) of section 7002 of division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
SEC. 832. DEFENSE SUPPLY CHAIN RISK ASSESSMENT FRAMEWORK.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish a
framework, which may be included as part of a framework developed under
section 2509 of title 10, United States Code, and pursuant to
recommendations provided under section 5 of Executive Order 14017 (86
Fed. Reg. 11849, relating to America's supply chains), to consolidate
the information relating to risks to the defense supply chain that is
collected by the elements of the Department of Defense to--
(1) enable Department-wide risk assessments of the defense
supply chain; and
(2) support the development of strategies to mitigate risks
to the defense supply chain.
(b) Framework Requirements.--The framework established under
subsection (a) shall--
(1) provide for the collection, management, and storage of
data from the supply chain risk management processes of the
Department of Defense;
(2) provide for the collection of reports on supply chain
risk management from the military departments and Defense
Agencies, and the dissemination of such reports to the
components of the military departments and Defense Agencies
involved in the management of supply chain risk;
(3) enable all elements of the Department to analyze the
information collected by such framework to identify risks to
the defense supply chain;
(4) enable the Department to--
(A) assess the capabilities of foreign adversaries
(as defined in section 8(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1607(c))) to affect the defense supply chain;
(B) analyze the ability of the industrial base of
the United States to meet the needs of the defense
supply chain;
(C) track global technology trends that could
affect the defense supply chain, as determined by the
Secretary of Defense; and
(D) assess the risks posed by emerging threats to
the defense supply chain;
(5) support the identification of technology in which the
Department may invest to reduce risks to the defense supply
chain, including by improving the resilience of the defense
supply; and
(6) provide for--
(A) a map of the supply chains for major end items
that supports analysis, monitoring, and reporting with
respect to high-risk subcontractors and risks to such
supply chain; and
(B) the use of a covered application described in
subsection (c) in the creation of such map to assess
risks to the supply chain for major end items by
business sector, vendor, program, part, or technology.
(c) Covered Application Described.--The covered application
described in this subsection is a covered application that includes the
following elements:
(1) A centralized database that consolidates multiple
disparate data sources into a single repository to ensure the
consistent availability of data.
(2) Centralized reporting to allow for efficient mitigation
and remediation of identified supply chain vulnerabilities.
(3) Broad interoperability with other software and systems
to ensure support for the analytical capabilities of user
across the Department.
(4) Scalable technology to support multiple users, access
controls for security, and functionality designed for
information-sharing and collaboration.
(d) Guidance.--Not later than 180 days after the framework required
under subsection (a) is established, and regularly thereafter, the
Secretary of Defense shall issue guidance on mitigating risks to the
defense supply chain.
(e) Reports.--
(1) Progress report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of establishing the framework as required under
subsection (a).
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
describing the framework established under subsection (a) and
the organizational structure to manage and oversee the
framework.
(f) Definitions.--In this section:
(1) Covered application.--The term ``covered application''
means a software-as-a-service application that uses decision
science, commercial data, and machine learning techniques.
(2) Defense agency; military department.--The terms
``Defense Agency'' and ``military department'' have the
meanings given such terms in section 101 of title 10, United
States Code.
(3) High-risk subcontractors.--The term ``high-risk
subcontractor'' means a subcontractor at any tier that supplies
major end items for the Department of Defense.
(4) Major end item.--The term ``major end item'' means an
item subject to a unique item-level traceability requirement at
any time in the life cycle of such item under Department of
Defense Instruction 8320.04, titled ``Item Unique
Identification (IUID) Standards for Tangible Personal
Property'' and dated September 3, 2015, or any successor
instruction.
SEC. 833. PLAN TO REDUCE RELIANCE ON SUPPLIES AND MATERIALS FROM
ADVERSARIES IN THE DEFENSE SUPPLY CHAIN.
(a) Reliance Reduction Plan.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of State, shall develop and implement a plan
to--
(A) partner with covered private sector entities
and partner countries and allies of the United States
to reduce the reliance of the United States on covered
supplies and materials obtained from sources located in
geographic areas controlled by foreign adversaries; and
(B) mitigate the risks to national security and the
defense supply chain arising from the reliance of the
United States on covered supplies and materials that
cannot be acquired in sufficient quantities to meet the
needs of major end items without procuring covered
supplies and materials from sources located in
geographic areas controlled by foreign adversaries.
(2) Consideration.--The Secretary of Defense shall consider
the determinations made under paragraph (3) when developing the
plan under paragraph (1).
(3) Supplies and materials source determinations.--Before
developing the plan under paragraph (1), the Secretary of
Defense, in coordination with Secretary of State, shall
determine--
(A) the covered supplies and materials for which a
source is located in a geographic area controlled by a
foreign adversary;
(B) the covered supplies and materials described in
subparagraph (A) that may be acquired from sources
located domestically or in geographic areas controlled
by partner countries or allies of the United States in
sufficient quantities to--
(i) reduce the reliance of the Department
on covered supplies and materials described in
subparagraph (A); and
(ii) increase the resiliency of the defense
supply chain;
(C) the difference in cost to acquire covered
supplies and materials described in subparagraph (A)
from sources located domestically or in geographic
areas controlled by partner countries or allies of the
United States, if available; and
(D) the covered supplies and materials described in
subparagraph (A) that cannot be acquired in sufficient
quantities to meet the needs of major end items without
sources located in geographic areas controlled by
foreign adversaries.
(b) Report.--Not later than two years after the enactment of this
Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report describing--
(1) the determinations made under subsection (a)(3);
(2) the plan required under subsection (a)(1).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Foreign Affairs of the House
of Representatives.
(D) The Committee on Foreign Relations of the
Senate.
(2) Covered private sector entity.--The term ``covered
private sector entity'' means a private sector entity able to
provide, or facilitate the acquisition of, covered supplies and
materials from domestic sources or sources located in
geographic areas controlled by partner countries or allies of
the United States.
(3) Covered supplies and materials.--
(A) In general.--Except as provided in subparagraph
(B), the term ``covered supplies and materials''--
(i) means--
(I) critical safety systems and
subsystems;
(II) assemblies and subassemblies
integral to a system or subsystem; and
(III) repair, maintenance,
logistics support, and overhaul
services for systems, subsystems,
assemblies, subassemblies, and parts
integral to a systems; and
(ii) includes systems, subsystems,
assemblies, subassemblies, and parts described
in clause (i) acquired with respect to
commercial items (as defined under section
2.101 of title 48, Code of Federal Regulations)
and non-commercial items.
(B) Certain strategic and critical materials
excluded.--The term ``covered supplies and materials''
does not include any strategic and critical materials
(as defined under section 12 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-3))
with respect to which the Secretary includes an
appropriate reduction plan in a report required under
section 14 of such Act (50 U.S.C. 98h-5).
(4) Foreign adversary.--The term ``foreign adversary'' has
the meaning given such term in section 8(c) of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C.
1607(c)).
(5) Major end item.--The term ``major end item'' means an
item subject to a unique item-level traceability requirement at
any time in the life cycle of such item under Department of
Defense Instruction 8320.04, titled ``Item Unique
Identification (IUID) Standards for Tangible Personal
Property'' and dated September 3, 2015, or any successor
instruction.
SEC. 834. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Assessment Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the domestic source content of any procurement.
(2) Information repository.--The Secretary of Defense shall
establish an information repository for the collection and
analysis of information related to domestic source content that
can be used for continuous data analysis and program management
activities.
(b) Enhanced Domestic Content Requirement.--
(1) In general.--Except as provided in paragraph (2), for
purposes of chapter 83 of title 41, United States Code,
manufactured articles, materials, or supplies procured are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United States
if the cost of such component articles, materials, or
supplies--
(A) supplied not later than the date of the
enactment of this Act, exceeds 60 percent of cost of
the manufactured articles, materials, or supplies
procured;
(B) supplied during the period beginning January 1,
2024, and ending December 31, 2028, exceeds 65 percent
of the cost of the manufactured articles, materials, or
supplies; and
(C) supplied on or after January 1, 2029, exceeds
75 percent of the cost of the manufactured articles,
materials, or supplies.
(2) Exclusion for certain manufactured articles.--Paragraph
(1) shall not apply to manufactured articles that consist
wholly or predominantly of iron, steel, or a combination of
iron and steel.
(3) Rulemaking.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall issue rules to determine the treatment of
the lowest price offered for a foreign end product for
which 55 percent or more of the component articles,
materials, or supplies of such foreign end product are
manufactured substantially all from articles,
materials, or supplies mined, produced, or manufactured
in the United States if--
(i) the application paragraph (1) results
in an unreasonable cost; or
(ii) no offers are submitted to supply
manufactured articles, materials, or supplies
manufactured substantially all from articles,
materials, or supplies mined, produced, or
manufactured in the United States.
(B) Termination.--Rules issued under this paragraph
shall cease to have force or effect on January 1, 2030.
(4) Applicability.--The requirements of this subsection
shall apply to contracts entered into on or after the date of
the enactment of this Act.
SEC. 835. REDUCTION OF FLUCTUATIONS OF SUPPLY AND DEMAND FOR CERTAIN
COVERED ITEMS.
(a) Supply and Demand Requirements.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) specify methods and processes to track and reduce
fluctuations in supply chain forecasting and demand
requirements of the Office of the Secretary of Defense, each
military department, and the Defense Logistics Agency for
covered items; and
(2) implement policies to encourage predictable demand
requirements for covered items for the Office of the Secretary
of Defense, each military department, and the Defense Logistics
Agency.
(b) Report.--Not later than 15 months after the date of the
enactment of this Act, and quarterly thereafter, each Secretary of a
military department and the Director of the Defense Logistics Agency
shall submit to the Under Secretary of Defense for Acquisition and
Sustainment a report on the fluctuations in supply chain forecasting
and demand requirements for each covered item, expressed as a
percentage.
(c) Covered Item Defined.--In this section, the term ``covered
item'' means a covered item described in subparagraph (B), (C), or (E)
of subsection (b)(1) or subsection (b)(2) of section 2533a of title 10,
United States Code.
SEC. 836. PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR
AUTONOMOUS REGION.
(a) Prohibition on the Availability of Funds for Certain
Procurements From XUAR.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2022 for the Department of Defense may be obligated or expended to
procure any products mined, produced, or manufactured wholly or in part
by forced labor from XUAR or from an entity that has used labor from
within or transferred from XUAR as part of a ``poverty alleviation'' or
``pairing assistance'' program.
(b) Rulemaking.--The Secretary of Defense shall issue rules not
later than 90 days after the date of the enactment of this Act to
require a certification from offerors for contracts with the Department
of Defense stating the offeror has made a good faith effort to
determine that forced labor from XUAR, as described in subsection (a),
was not or will not be used in the performance of such contract.
(c) Definitions.--In this section:
(1) Forced labor.--The term ``forced labor'' means all work
or service which is exacted from any person under the menace of
any penalty for its nonperformance and for which the worker
does not offer himself voluntarily.
(2) Person.--The term ``person'' means--
(A) a natural person, corporation, company,
business association, partnership, society, trust, or
any other nongovernmental entity, organization, or
group; or
(B) any successor, subunit, parent entity, or
subsidiary of, or any entity under common ownership or
control with, any entity described in subparagraph (A).
(3) XUAR.--The term ``XUAR'' means the Xinjiang Uyghur
Autonomous Region of the People's Republic of China.
SEC. 837. ENSURING CONSIDERATION OF THE NATIONAL SECURITY IMPACTS OF
URANIUM AS A CRITICAL MINERAL.
(a) In General.--The Secretary of Defense, in coordination with the
Secretary of Energy and the Secretary of Commerce, shall conduct an
assessment of the effect on national security that would result from
uranium ceasing to be designated as a critical mineral by the Secretary
of the Interior under section 7002(c) of the Energy Act of 2020 (Public
Law 116-260; 30 U.S.C. 1606(c)).
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of the
assessment conducted under subsection (a), including--
(1) the effects of the loss of domestic uranium production
on--
(A) Federal national security programs, including
any existing and potential future uses of unobligated
uranium originating from domestic sources; and
(B) the energy security of the United States;
(2) a description of the extent of the reliance of the
United States on imports of uranium from foreign sources,
including from state-owned entities, to supply fuel for
commercial reactors; and
(3) the effects of such reliance and other factors on the
domestic production, conversion, fabrication, and enrichment of
uranium.
(c) Uranium Critical Mineral Designation Change Restricted.--
Notwithstanding section 7002(c) of the Energy Act of 2020 (Public Law
116-260; 30 U.S.C. 1606(c)), until the submission of the report
required under subsection (b), the designation of uranium as a critical
mineral pursuant to such section may not be altered or eliminated.
SEC. 838. STATEMENT OF POLICY AND DETERMINATION RELATED TO COVERED
OPTICAL TRANSMISSION EQUIPMENT OR SERVICES.
(a) Statement of Policy.--It is the policy of the United States
that covered optical transmission equipment or services is a critical
component of the United States information and communications
technology supply chain, and the Department of Defense should procure
covered optical transmission equipment or services from trusted
manufacturers and suppliers for use in communications networks.
(b) Determination Related to Covered Optical Transmission Equipment
or Services.--
(1) Proceeding.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of Defense shall
commence a process to make a determination whether a proposed
procurement of covered optical transmission equipment or
services that is manufactured, produced, or distributed by an
entity owned, controlled, or supported by the People's Republic
of China poses an unacceptable risk to the national security of
the United States.
(2) Communication of determination.--If the Secretary
determines pursuant to paragraph (1) that a proposed
procurement of covered optical transmission equipment or
services poses an unacceptable risk, the Secretary shall
immediately publish that determination in the Federal Register
and submit that determination to the relevant Federal agencies,
including the Department of Commerce and the Federal
Communications Commission.
(c) Commercial Networks.--
(1) Study required.--If the Secretary of Defense makes a
determination under subsection (b) that a proposed procurement
of covered optical transmission equipment or services poses an
unacceptable risk to the national security of the United
States, the Federal Communications Commission shall--
(A) within 90 days after receipt of such
determination, complete a study to determine the extent
to which such covered optical transmission equipment or
services is present in commercial communications
networks in the United States; and
(B) submit to Congress a report on the study
conducted under subparagraph (A).
(2) Covered communications equipment or services list.--If
the requirements for placement on the covered communications
equipment or services list under section 2 of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C. 1601)
are met, the Federal Communications Commission shall place such
covered optical transmission equipment or services on such
list, but the prohibition in section 3(a)(1)(B) of such Act (47
U.S.C. 1602(a)(1)(B)) shall not take effect until the date that
is 1 year after the Commission places such covered optical
transmission equipment or services on such list.
(3) Reimbursement.--Any covered optical transmission
equipment or services placed on the covered communications
equipment or services list described in paragraph (2) shall not
be eligible for reimbursement under the Secure and Trusted
Communications Networks Reimbursement Program established under
section 4 of the Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1603) until the date that is 1 year after
the Commission places such covered optical transmission
equipment or services on such list.
(d) Covered Optical Transmission Equipment or Services Defined.--In
this section, the term ``covered optical transmission equipment or
services'' means--
(1) optical transmission equipment, including optical fiber
and cable, that is capable of routing or redirecting user data
traffic or permitting visibility into any user data or packets
that such equipment transmits or handles; or
(2) services that use such equipment.
SEC. 839. SUPPLY OF SYNTHETIC GRAPHITE FOR THE DEPARTMENT OF DEFENSE.
The Secretary of Defense--
(1) shall deem synthetic graphite material to be a
strategic and critical material for defense, industrial, and
civilian needs; and
(2) to the maximum extent practicable, shall acquire
synthetic graphite material in the following order of
preference:
(A) First, from sources domestically owned and
produced within the United States.
(B) Second, from sources located within the United
States or the national technology and industrial base
(as defined in section 2500 of title 10, United States
Code).
(C) Third, from other sources as appropriate.
Subtitle D--Industrial Base Matters
SEC. 841. MODIFICATION OF PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-
ENHANCED CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.
Section 851 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1510; 10 U.S.C. 2283 note) is
amended to read as follows:
``SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED
CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.
``(a) Establishment.--The Secretary of Defense may authorize the
Commander of the United States Special Operations Command to use funds
described in subsection (b) for a pilot program under which the
Commander shall make, through the use of a partnership intermediary,
covered awards to small business concerns to develop technology-
enhanced capabilities for special operations forces.
``(b) Funds.--
``(1) In general.--The funds described in this subsection
are funds transferred to the Commander of the United States
Special Operations Command to carry out the pilot program
established under this section from funds available to be
expended by each covered entity pursuant to section 9(f) of the
Small Business Act.
``(2) Limitations.--
``(A) Fiscal year.--A covered entity may not
transfer to the Commander an amount greater than 10
percent of the funds available to be expended by such
covered entity pursuant to section 9(f) of the Small
Business Act for a fiscal year.
``(B) Aggregate amount.--The aggregate amount of
funds to be transferred to the Commander may not exceed
$20,000,000.
``(c) Partnership Intermediaries.--
``(1) Authorization.--The Commander may modify an existing
agreement with a partnership intermediary to assist the
Commander in carrying out the pilot program under this section,
including with respect to the award of contracts and agreements
to small business concerns.
``(2) Limitation.--None of the funds described in
subsection (b) may be used to pay a partnership intermediary
for any costs associated with the pilot program.
``(3) Data.--With respect to a covered award made under
this section, the Commander shall gather data on the role of
the partnership intermediary to include the--
``(A) staffing structure;
``(B) funding sources; and
``(C) methods for identifying and evaluating small
business concerns eligible for a covered award.
``(d) Report.--
``(1) Annual report.--Not later than October 1 of each year
until October 1, 2026, the Commander of the United States
Special Operations Command, in coordination with the Under
Secretary of Defense for Research and Engineering, shall submit
to the congressional defense committees, the Committee on Small
Business of the House of Representatives, and the Committee on
Small Business and Entrepreneurship of the Senate a report
including--
``(A) a description of each agreement with a
partnership intermediary entered into pursuant to this
section;
``(B) for each covered award made under this
section--
``(i) a description of the role served by
the partnership intermediary;
``(ii) the amount of funds obligated;
``(iii) an identification of the small
business concern that received such covered
award;
``(iv) a description of the use of such
covered award;
``(v) a description of the role served by
the program manager (as defined in section 1737
of title 10, United States Code) of the covered
entity with respect to the small business
concern that received such covered award,
including a description of interactions and the
process of the program manager in producing a
past performance evaluation of such concern;
and
``(vi) the benefits achieved as a result of
the use of a partnership intermediary for the
pilot program established under this section as
compared to previous efforts of the Commander
to increase participation by small business
concerns in the development of technology-
enhanced capabilities for special operations
forces; and
``(C) a plan detailing how each covered entity will
apply lessons learned from the pilot program to improve
processes for directly working with and supporting
small business concerns to develop technology-enhanced
capabilities for special operations forces.
``(2) Final report.--The final report required under this
subsection shall include, along with the requirements of
paragraph (1), a recommendation regarding--
``(A) whether and for how long the pilot program
established under this section should be extended; and
``(B) whether to increase funding for the pilot
program, including a justification for such an
increase.
``(e) Termination.--The authority to carry out a pilot program
under this section shall terminate on September 30, 2025.
``(f) Definitions.--In this section:
``(1) The term `covered award' means an award made under
the Small Business Innovation Research Program.
``(2) The term `covered entity' means--
``(A) the Army;
``(B) the Navy;
``(C) the Air Force;
``(D) the Marine Corps;
``(E) the Space Force; and
``(F) any element of the Department of Defense that
makes awards under the Small Business Innovation
Research Program or Small Business Technology Transfer
Program.
``(3) The term `partnership intermediary' has the meaning
given the term in section 23(c) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
``(4) The term `small business concern' has the meaning
given the term under section 3 of the Small Business Act (15
U.S.C. 632).
``(5) The term `Small Business Innovation Research Program'
has the meaning given the term in section 9(e)(4) of the Small
Business Act (15 U.S.C. 638(e)).
``(6) The term `technology-enhanced capability' means a
product, concept, or process that improves the ability of a
member of the Armed Forces to achieve an assigned mission.''.
SEC. 842. DESIGNATING CERTAIN SBIR AND STTR PROGRAMS AS ENTREPRENEURIAL
INNOVATION PROJECTS.
(a) Entrepreneurial Innovation Project Pilot Program.--
(1) In general.--The Secretary of Defense and the covered
Secretaries concerned shall each establish and carry out a
pilot program to more effectively transition projects that have
completed a Phase II SBIR or STTR award and that present the
potential to meet operational needs of elements of the
Department of Defense to Phase III by designating eligible
programs as Entrepreneurial Innovation Projects.
(2) Designation.--Not later than one year after the date of
the enactment of this section, and annually thereafter, not
less than five eligible programs shall be designated as
Entrepreneurial Innovation Projects by--
(A) each covered Secretary concerned, in
consultation with each chief of a covered Armed Force
under the jurisdiction of the Secretary concerned; and
(B) the Secretary of Defense for each covered
element of the Department.
(b) Selection Requirements.--
(1) Future years defense program inclusion.--The Secretary
of Defense shall include the estimated expenditures of each
designated program in the first future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, after such designated program is designated under
subsection (a)(2).
(2) PPBE component.--Each designated program shall be
considered by the designating Secretary as an integral part of
the planning, programing, budgeting, and execution process of
the Department of Defense.
(3) Programming proposal.--Each designated program shall be
included by the designating Secretary under a separate heading
in any programming proposals submitted to the congressional
defense committees.
(4) Designation criteria.--In making designations required
under subsection (a)(2), the covered Secretary concerned or the
Secretary of Defense, as applicable, shall consider--
(A) the potential of the eligible program to--
(i) advance the national security
capabilities of the United States;
(ii) provide new technologies or processes,
or new applications of existing technologies,
that will enable new alternatives to existing
programs;
(iii) provide future cost savings; and
(iv) significantly reduce the time to
deliver capabilities to members of the covered
Armed Forces; and
(B) any other criteria that the covered Secretary
concerned or Secretary of Defense, as applicable,
determines appropriate.
(5) Mitigate conflicts of interest.--The covered Secretary
concerned or the Secretary of Defense, as applicable, shall
establish procedures for the designation of Entrepreneurial
Innovation Projects which will mitigate, to the greatest extent
practicable, organizational conflicts of interests, including
those from within Governmental organizations or programs that
could view the designation and successful completion of an
Entrepreneurial Innovation Project as a competing alternative
to an existing or proposed program or other activity.
(6) Application.--The Secretary of Defense and each covered
Secretary concerned shall establish an application process for
eligible programs seeking designation as Entrepreneurial
Innovation Projects.
(c) Revocation of Designation.--If the designating Secretary
determines that a designated program no longer meets the criteria in
subsection (b)(4) or that the technology has become irrelevant, the
designating Secretary may revoke the Entrepreneurial Innovation Project
designation for such designated program.
(d) Reports to Congress.--
(1) Annual report.--The Secretary of Defense shall submit
to congressional defense committees, the Committee on Small
Business and Entrepreneurship of the Senate, and the Committee
on Small Business of the House of Representatives, concurrently
with the President's annual budget request, an annual report
that includes for each designated program--
(A) a description of the designated program;
(B) a summary of the potential of the designated
program as considered under subsection (b)(4)(A);
(C) the progress made towards inclusion in the
future-years defense program;
(D) the progress made towards delivering on the
potential of the designated program; and
(E) such other information that the Secretary
determines appropriate to inform the congressional
defense committees about the status of the pilot
programs established under this section.
(2) Final report.--In the last report submitted under
paragraph (1) prior to December 31, 2027, the Secretary of
Defense shall include a recommendation on whether to extend the
pilot programs established under this section and the
appropriate duration of such extension, if any.
(e) Effective Date.--This section shall take effect on January 1,
2022.
(f) Termination Date.--The pilot programs established under this
section shall terminate on December 31, 2027.
(g) Definitions.--In this section:
(1) Covered armed forces.--The term ``covered Armed
Forces'' means--
(A) the Army;
(B) the Navy;
(C) the Air Force;
(D) the Marine Corps; and
(E) the Space Force.
(2) Covered element of the department.--The term ``covered
element of the Department'' means any element of the Department
of Defense, other than an element referred to in paragraph (3),
that is associated with the Small Business Innovation Research
or Small Business Technology Transfer programs.
(3) Covered secretary concerned.--The term ``covered
Secretary concerned'' means--
(A) the Secretary of the Army, with respect to
matters concerning the Department of the Army;
(B) the Secretary of the Navy, with respect to
matters concerning the Department of the Navy (other
than matters concerning the Coast Guard); and
(C) the Secretary of the Air Force, with respect to
matters concerning the Department of the Air Force.
(4) Eligible program.--The term ``eligible program'' means
a project that has completed a Phase II SBIR or STTR award.
(5) Designated program.--The term ``designated program''
means an eligible program that has been designated as an
Entrepreneurial Innovation Project under this section and for
which such designation has not been revoked under subsection
(c).
(6) Designating secretary.--The term ``designating
Secretary'' means--
(A) with respect to a designated program designated
as an Entrepreneurial Innovation Project under this
section by a covered Secretary concerned, such covered
Secretary concerned; and
(B) with respect to all other designated programs,
the Secretary of Defense.
(7) Phase ii; phase iii; sbir; sttr.--The terms ``Phase
II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings
given such terms in section 9(e) of the Small Business Act (15
U.S.C. 638(e)).
SEC. 843. MODIFICATIONS TO PRINTED CIRCUIT BOARD ACQUISITION
RESTRICTIONS.
(a) In General.--Section 2533d of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``January 1,
2023'' and inserting ``the date determined under
paragraph (3)''; and
(B) by adding at the end the following new
paragraph:
``(3) Paragraph (1) shall take effect on January 1,
2027.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``specified type of'' after
``means any'';
(ii) in subparagraph (A), by striking ``(as
such terms are defined under sections 103 and
103a of title 41, respectively)''; and
(iii) by amending subparagraph (B) to read
as follows:
``(B) is a component of--
``(i) a defense security system; or
``(ii) a system, other than a defense
security system, that transmits or stores
information and which the Secretary identifies
as national security sensitive in the contract
under which such printed circuit board is
acquired.''; and
(B) by adding at the end the following new
paragraphs:
``(3) Commercial product; commercial service; commercially
available off-the shelf item.--The terms `commercial product',
`commercial service', and `commercially available off-the-shelf
item' have the meanings given such terms in sections 103, 103a,
and 104 of title 41, respectively.
``(4) Defense security system.--
``(A) The term `defense security system' means an
information system (including a telecommunications
system) used or operated by the Department of Defense,
by a contractor of the Department, or by another
organization on behalf of the Department, the function,
operation, or use of which--
``(i) involves command and control of an
armed force;
``(ii) involves equipment that is an
integral part of a weapon or weapon system; or
``(iii) subject to subparagraph (B), is
critical to the direct fulfillment of military
missions.
``(B) Subparagraph (A)(iii) does not include a
system that is to be used for routine administrative
and business applications (including payroll, finance,
logistics, and personnel management applications).
``(5) Specified type.--The term `specified type' means a
printed circuit board that is--
``(A) a component of an electronic device that
facilitates the routing, connecting, transmitting or
securing of data and is commonly connected to a
network, and
``(B) any other end item, good, or product
specified by the Secretary in accordance with
subsection (d)(2).''; and
(3) by amending subsection (d) to read as follows:
``(d) Rulemaking.--
``(1) The Secretary may issue rules providing that
subsection (a) may not apply with respect to an acquisition of
commercial products, commercial services, and commercially
available off-the-shelf items if--
``(A) the contractor is capable of meeting minimum
requirements that the Secretary deems necessary to
provide for the security of national security networks
and weapon systems, including, at a minimum, compliance
with section 224 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
2302 note); and
``(B) either--
``(i) the Government and the contractor
have agreed to a contract requiring the
contractor to take certain actions to ensure
the integrity and security of the item,
including protecting the item from unauthorized
access, use, disclosure, disruption,
modification, or destruction; or
``(ii) the Secretary has determined that
the contractor has adopted such procedures,
tools, and methods for identifying the sources
of components of such item, based on commercial
best practices, that meet or exceed the
applicable trusted supply chain and operational
security standards of the Department of
Defense.
``(2) The Secretary may issue rules specifying end items,
goods, and products for which a printed circuit board that is a
component thereof shall be a `specified type' if the Secretary
has promulgated final regulations, after an opportunity for
notice and comment that is not less than 12 months,
implementing this section.
``(3) In carrying out this section, the Secretary shall, to
the maximum extent practicable, avoid imposing contractual
certification requirements with respect to the acquisition of
commercial products, commercial services, or commercially
available off-the-shelf items.''.
(b) Modification of Independent Assessment of Printed Circuit
Boards.--Section 841(d) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in paragraph (1)--
(A) by striking ``the date of enactment of this
Act'' and inserting ``the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2022'';
(B) by striking ``shall seek to enter'' and
inserting ``shall enter'';
(C) by striking ``to include printed circuit boards
in commercial products or services, or in'' and
inserting ``to printed circuit boards in other
commercial or''; and
(D) ) by striking ``the scope of mission critical''
and all that follows through the period at the end and
inserting ``types of systems other than defense
security systems (as defined in section 2533d(c) of
title 10, United States Code) that should be subject to
the prohibition in section 2533d(a) of title 10, United
States Code.'';
(2) in the heading for paragraph (2), by striking
``department of defense'' and inserting ``Department of
defense'';
(3) in paragraph (2), by striking ``one year after entering
into the contract described in paragraph (1)'' and inserting
``January 1, 2023'';
(4) in the heading for paragraph (3), by striking
``congress'' and inserting ``Congress''; and
(5) in paragraph (3), by inserting after ``the
recommendations of the report.'' the following: ``The Secretary
shall use the report to determine whether any systems (other
than defense security systems (as defined in section 2533d(c)
of title 10, United States Code)) or other types of printed
circuit boards should be subject to the prohibition in section
2533d(a) of title 10, United States Code.''.
SEC. 844. DEFENSE INDUSTRIAL BASE COALITION FOR CAREER DEVELOPMENT.
(a) In General.--The Under Secretary of Defense for Acquisition and
Sustainment shall establish and manage a coalition among covered
institutions of higher education, career and technical education
programs, workforce development boards, labor organizations, and
organizations representing defense industrial base contractors to focus
on career pathways for individuals seeking careers in manufacturing.
The goals of the coalition shall be--
(1) to highlight the importance of expertise in
manufacturing careers;
(2) to share experiences of successful partnerships between
such organizations and covered institutions of higher education
to create opportunities for individuals attending such
institutions to be hired by defense industrial base
contractors; and
(3) to encourage opportunities for donating used equipment
of defense industrial base contractors to covered institutions
of higher education for use in training such individuals.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment, in coordination with the coalition established under
subsection (a), shall submit to the congressional defense committees a
report including--
(1) the results of any cooperative work-education program
established by defense laboratories pursuant to section 2195 of
title 10, United States Code;
(2) an assessment of whether such programs could be
expanded to include individuals attending secondary schools and
career and technical education programs to create opportunities
for such individuals to be hired by defense industrial base
contractors; and
(3) recommendations for whether incentive contracts are
needed to encourage defense industrial base contractors to
provide career pathways for individuals seeking careers in
manufacturing.
(c) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means--
(A) an institution of higher education, as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001); and
(B) a postsecondary vocational institution, as
defined in section 102(c) of such Act (20 U.S.C.
1002(c)).
(2) Defense industrial base contractor.--The term ``defense
industrial base contractor'' means a prime contractor or
subcontractor (at any tier) in the defense industrial base.
(3) Labor organization.--The term ``labor organization''
has the meaning given such term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)).
(4) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Career and technical education.--The term ``career and
technical education'' has the meaning given such term in
section 3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
(6) Workforce development board.--The term ``workforce
development board'' means a State board or a local board, as
such terms are defined in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
SEC. 845. ADDITIONAL TESTING OF COMMERCIAL E-COMMERCE PORTAL MODELS.
Section 846(c) of the National Defense Authorization Act for Fiscal
Year 2018 (41 U.S.C. 1901 note) is amended by adding at the end the
following new paragraphs:
``(5) Additional testing.--Not later than 90 days after the
date of the enactment of this paragraph, the Administrator
shall--
``(A) begin testing commercial e-commerce portal
models other than any commercial e-commerce portal
identified in the recommendations issued under
paragraph (3); and
``(B) shall submit to the congressional defense
committees a report that includes--
``(i) a summary of the assessments
conducted under subsection (c)(2) with respect
to a commercial e-commerce portal provider
identified in the recommendations issued under
subsection (c)(3);
``(ii) a list of the types of commercial
products procured from such provider;
``(iii) the amount spent by the head of a
department or agency under the program,
disaggregated by type of commercial product and
commercial e-commerce portal provider;
``(iv) a update on the commercial e-
commerce portal models being tested and a
timeline for completion of such testing.
``(6) Report.--Upon completion of testing conducted under
paragraph (5) and before taking any action with respect to the
commercial e-commerce portal models tested, the Administrator
of General Services shall submit to the congressional defense
committees a report on the results of such testing that
includes--
``(A) an assessment and comparison of commercial e-
commerce portal providers with respect to--
``(i) price and quality of the commercial
product supplied by each commercial e-commerce
portal model;
``(ii) supplier reliability and service;
``(iii) safeguards for the security of
Government information and third-party supplier
proprietary information;
``(iv) protections against counterfeit
commercial products;
``(v) supply chain risks, particularly with
respect to complex commercial products; and
``(vi) overall adherence to Federal
procurement rules and policies; and
``(B) an analysis of the costs and benefits of the
convenience to the Federal Government of procuring
commercial products from each commercial e-commerce
portal providers.''.
SEC. 846. SUPPORT FOR INDUSTRY PARTICIPATION IN GLOBAL STANDARDS
ORGANIZATIONS.
(a) Definition.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Science, Space, and Technology
of the House of Representatives.
(B) The Committee on Commerce, Science, and
Transportation of the Senate.
(C) The Committee on Energy and Commerce of the
House of Representatives.
(D) The Committee on Energy and Natural Resources
of the Senate.
(E) The Committee on Small Business of the House of
Representatives.
(F) The Committee on Small Business and
Entrepreneurship of the Senate.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) Covered entity.--The term ``covered entity'' means a
small business concern that is incorporated and maintains a
primary place of business in the United States.
(5) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a program to
support participation by covered entities in meetings and proceedings
of standards development organizations in the development of voluntary
technical standards.
(c) Activities.--In carrying out the program established under
subsection (a), the Administrator shall award competitive, merit-
reviewed grants to covered entities to cover the reasonable costs, up
to a specified ceiling, of participation of employees of those covered
entities in meetings and proceedings of standards development
organizations, including--
(1) regularly attending meetings;
(2) contributing expertise and research;
(3) proposing new work items; and
(4) volunteering for leadership roles such as a convener or
editor.
(d) Award Criteria.--The Administrator may only provide a grant
under this section to a covered entity that--
(1) demonstrates deep technical expertise in key emerging
technologies and technical standards, including artificial
intelligence and related technologies (such as distributed
ledger or cryptographic technologies);
(2) commits personnel with such expertise to regular
participation in global bodies responsible for developing
standards for such technologies over the period of the grant;
(3) agrees to participate in efforts to coordinate between
the Federal Government and industry to ensure protection of
national security interests in the setting of global standards
so long as such standards are not dictated by the Federal
Government; and
(4) provides a plan to the Administrator that details the
relationship between the activities described in paragraphs
(1), (2), and (3) and the proposed standards to be adopted.
(e) No Matching Contribution.--A recipient of an award under this
section shall not be required to provide a matching contribution.
(f) Evaluation.--
(1) In general.--In making awards under this section, the
Administrator shall coordinate with the Director of the
National Institute of Standards and Technology, who shall
provide support in the assessment of technical expertise in
emerging technologies and standards setting needs.
(2) Panel ranking.--In carrying out the requirements under
paragraph (1), the Administrator and the Director shall jointly
establish a panel of experts to rank the proposed standards,
based on merit and relevance, to be composed of experts from--
(A) private industry;
(B) non-profit institutions;
(C) non-profit standards development organizations;
(D) academia; and
(E) the Federal Government.
(g) Report.--Not less than annually, the Administrator shall submit
to the appropriate congressional committees a report on--
(1) the efficacy of the program;
(2) an explanation of any standard adopted as a result of
the program;
(3) any challenges faced in carrying out the program; and
(4) proposed solutions to the challenges identified in
paragraph (3).
SEC. 847. PILOT PROGRAM ON DEFENSE INNOVATION OPEN TOPICS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in coordination with
the Under Secretary of Defense for Research and Engineering, the
Secretary of the Air Force, Secretary of the Army, and Secretary of the
Navy, shall establish defense innovation open topic activities using
the Small Business Innovation Research Program in order to--
(1) increase the transition of commercial technology to the
Department of Defense;
(2) expand the small business nontraditional defense
industrial base;
(3) increase commercialization derived from defense
investments;
(4) increase diversity and participation among self-
certified small-disadvantaged businesses, minority-owned
businesses, and disabled veteran-owned businesses; and
(5) expand the ability for qualifying small businesses to
propose technology solutions to meet defense needs.
(b) Frequency.--The Department of Defense and Military Services
shall conduct not less than one open topic announcement per fiscal
year.
(c) Briefing.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Defense shall provide the congressional
defense committees a briefing on the establishment of the program
required by subsection (a).
(d) Termination.--The pilot program authorized in subsection (a)
shall terminate on October 1, 2025.
SEC. 848. REPORT ON CYBERSECURITY MATURITY MODEL CERTIFICATION EFFECTS
ON SMALL BUSINESS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Committee on Armed
Services of the House of Representatives and the Committee on Small
Business of the House of Representatives a report on the effects of the
Cybersecurity Maturity Model Certification framework of the Department
of Defense on small business concerns (as defined under section 3 of
the Small Business Act (15 U.S.C. 632), including--
(1) the estimated costs of complying with each level of the
framework;
(2) any decrease in the number of small business concerns
that are part of the defense industrial base resulting from the
implementation and use of the framework; and
(3) an explanation of how the Department of Defense will
mitigate the negative effects to small business concerns that
are part of the defense industrial base resulting from the
implementation and use of the framework.
Subtitle E--Other Matters
SEC. 851. MISSION MANAGEMENT PILOT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Defense shall establish within the Strategic Capabilities
Office of the Department of Defense a pilot program to identify lessons
learned and improved mission outcomes achieved by quickly delivering
solutions that fulfill critical operational needs arising from cross-
service missions undertaken by combatant commands through the use of a
coordinated and iterative approach to develop, evaluate, and transition
such solutions.
(b) Missions Selection.--
(1) In general.--Except as provided in paragraph (3), the
Deputy Secretary of Defense shall select missions with respect
to which to carry out the pilot program.
(2) Selection criteria.--When selecting missions under
paragraph (1), the Deputy Secretary of Defense shall--
(A) select missions with critical cross-service
operational needs; and
(B) consider--
(i) the strategic importance of the
critical cross-service operational needs to the
operational plans of the relevant combatant
commands; and
(ii) the advice of the Cross-Functional
Teams of the Strategic Capabilities Office
regarding mission selection.
(3) Initial mission.--
(A) In general.--Not later than four months after
the date of the enactment of this section, the Director
of the Strategic Capabilities Office shall select a
mission under the pilot program that has critical
cross-service operational needs and which is of
strategic importance to the operational plans of the
United States Indo-Pacific Command.
(B) Mission selection approval.--The mission
selected by the Director of the Strategic Capabilities
Office under subparagraph (A) shall be subject to the
approval of the Deputy Secretary of Defense.
(c) Mission Managers.--
(1) In general.--A mission manager shall carry out the
pilot program with respect to each mission.
(2) Responsibilities.--With respect to each mission, the
relevant mission manager shall--
(A) identify critical cross-service operational
needs by enumerating the options available to the
combatant command responsible for carrying out such
mission and determining the resiliency of such options
to threats from adversaries;
(B) in coordination with the military services and
appropriate Defense Agencies and Field Activities,
develop and deliver solutions, including software and
information technology solutions and other
functionalities unaligned with any one weapon system of
a covered Armed Service, to--
(i) fulfill critical cross-service
operational needs; and
(ii) address future changes to existing
critical cross-service operational needs by
providing additional capabilities;
(C) work with the combatant command responsible for
such mission and the related planning organizers,
service program managers, and defense research and
development activities to carry out iterative testing
and support to initial operational fielding of the
solutions described in subparagraph (B);
(D) conduct research, development, test,
evaluation, and transition support activities with
respect to the delivery of the solutions described in
subparagraph (B);
(E) seek to integrate existing, emerging, and new
capabilities available to the Department of Defense in
the development of the solutions described in
subparagraph (B); and
(F) provide to the Deputy Secretary of Defense
mission management activity updates and reporting on
the use of funds under the pilot program with respect
to such mission.
(3) Director of the strategic capabilities office.--The
Director of the Strategic Capabilities Office shall be the
mission manager for each mission selected under subsection (b).
(4) Iterative approach.--The mission manager shall, to the
extent practicable, carry out the pilot program with respect to
each mission selected under subsection (b) by integrating
existing, emerging, and new military capabilities, and managing
a portfolio of small, iterative development and support to
initial operational fielding efforts.
(5) Other program management responsibilities.--The
activities undertaken by the mission manager with respect to a
mission, including mission management, do not supersede or
replace the program management responsibilities of any other
individual that are related to such missions.
(d) Data Collection Requirement.--The Deputy Secretary of Defense
shall develop and implement a plan to collect and analyze data on the
pilot program for the purposes of--
(1) developing and sharing best practices for applying
emerging technology and supporting new operational concepts to
improve outcomes on key military missions and operational
challenges; and
(2) providing information to the leadership of the
Department on the implementation of the pilot program and
related policy issues.
(e) Assessments.--During the five-year period beginning on the date
of the enactment of this Act, the Deputy Secretary of Defense shall
regularly assess--
(1) the authorities required by the missions manager to
effectively and efficiently carry out the pilot program with
respect to the missions selected under subsection (b); and
(2) whether the mission manager has access to sufficient
funding to carry out the research, development, test,
evaluation, and support to initial operational fielding
activities required to deliver solutions fulfilling the
critical cross-service operational needs of the missions.
(f) Briefings.--
(1) Semiannual briefing.--
(A) In general.--Not later than July 1, 2022, and
every six months thereafter until the date that is five
years after the date of the enactment of this Act, the
mission manager shall provide to the congressional
defense committees a briefing on the progress of the
pilot program with respect to each mission selected
under subsection (b), the anticipated mission outcomes,
and the funds used to carry out the pilot program with
respect to such mission.
(B) Initial briefing.--The Deputy Secretary of
Defense shall include in the first briefing submitted
under subparagraph (A) a briefing on the implementation
of the pilot program, including--
(i) the actions taken to implement the
pilot program;
(ii) an assessment of the pilot program;
(iii) requests for Congress to provide
authorities required to successfully carry out
the pilot program; and
(iv) a description of the data plan
required under subsection (d).
(2) Annual briefing.--Not later than one year after the
date on which the pilot program is established, and annually
thereafter until the date that is five years after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall submit to the congressional defense committees a briefing
on the pilot program, including--
(A) the data collected and analysis performed under
subsection (d);
(B) lessons learned;
(C) the priorities for future activities of the
pilot program; and
(D) such other information as the Deputy Secretary
determines appropriate.
(3) Recommendation.--Not later than two years after the
date of the enactment of this Act, the Deputy Secretary of
Defense shall submit to Congress a briefing on the
recommendations of the Deputy Secretary with respect to the
pilot program and shall concurrently submit to Congress--
(A) a written assessment of the pilot program;
(B) a written recommendation on continuing or
expanding the mission integration pilot program;
(C) requests for Congress to provide authorities
required to successfully carry out the pilot program;
and
(D) the data collected and analysis performed under
subsection (d).
(g) Transition.--Beginning in fiscal year 2025, the Deputy
Secretary of Defense may transition responsibilities for research,
development, test, evaluation, and support to initial operational
fielding activities started under the pilot program to other elements
of the Department for purposes of delivering solutions fulfilling
critical cross-service operational needs.
(h) Termination Date.--The pilot program shall terminate on the
date that is 5 years after the date of the enactment of this Act.
(i) Rule of Construction.--Nothing in this section shall be
construed as providing any authority not otherwise provided by law to
procure, or enter agreements to procure, any goods, materials, or
services.
(j) Definitions.--In this section:
(1) Covered armed force.--The term ``covered Armed Force''
means--
(A) the Army;
(B) the Navy;
(C) the Air Force;
(D) the Marine Corps; or
(E) the Space Force.
(2) Cross-functional teams of the strategic capabilities
office.--The term ``Cross-Functional Teams of the Strategic
Capabilities Office'' means the teams established in the
Strategic Capabilities Office of the Department of Defense
pursuant to section 233(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1277; 10 U.S.C. 132 note).
(3) Cross-service.--The term ``cross-service'' means
pertaining to multiple covered Armed Forces.
(4) Cross-service operational need.--The term ``cross-
service operational need'' means an operational need arising
from a mission undertaken by a combatant command which involves
multiple covered Armed Forces.
(5) Defense agency; military department.--The terms
``Defense Agency'' and ``military department'' have the
meanings given such terms in section 101(a) of title 10, United
States Code.
(6) Field activity.--The term ``Field Activity'' has the
meaning given the term ``Department of Defense Field Activity''
in section 101(a) of title 10, United States Code.
(7) Mission management.--The term ``mission management''
means the integration of materiel, digital, and operational
elements to improve defensive and offensive options and
outcomes for a specific mission or operational challenge.
(8) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (a).
SEC. 852. PILOT PROGRAM TO DETERMINE THE COST COMPETITIVENESS OF DROP-
IN FUELS.
(a) Establishment.--The Secretary of Defense, in consultation with
the Under Secretary of Defense for Acquisition and Sustainment and the
Under Secretary of Defense (Comptroller), shall establish a pilot
program to determine the cost competitiveness of the fully burdened
cost of drop-in fuels compared with the fully burdened cost of
traditional fuels using a scenario-based strategic sourcing tool as
described in subsection (b).
(b) Use of Scenario-based Strategic Sourcing Tool.--The Under
Secretary of Defense (Comptroller), in coordination with the Director
of Defense Logistics Agency, shall identify an aviation fuel program
and use a commercially available scenario-based strategic sourcing tool
to--
(1) analyze performance risks and benefits of drop-in fuels
compared to traditional fuels;
(2) determine cost-competitiveness of drop-in fuels
compared to traditional fuels;
(3) improve supplier performance of contracts to procure
aviation fuel; and
(4) minimize risk, increase transparency, and manage
unforeseen circumstances for the Department of Defense.
(c) Documentation.--The Under Secretary of Defense (Comptroller)
shall use the scenario-based strategic sourcing tool described in
subsection (b) to maintain documentation of the costs of each such
contract in order to develop better price estimates and procurement
strategies for acquiring aviation fuel.
(d) Report.--Not later than September 30, 2022, and annually
thereafter until the termination date described in subsection (f), the
Secretary of Defense shall submit a report to the congressional defense
committees on the status and impact of the pilot program established
under this section.
(e) Definitions.--In this section:
(1) The terms ``drop-in fuel'', ``fully burdened cost'',
and ``traditional fuel'' have the meanings given, respectively,
in section 2922h of title 10, United States Code.
(2) The term ``scenario-based strategic sourcing'' means a
method for testing the supply chain effects using automated
software to model various scenarios relating to--
(A) contract management;
(B) spend analysis;
(C) supplier management;
(D) sourcing; and
(E) external market variables.
(f) Termination.--The pilot program established under this section
shall terminate on September 30, 2027.
SEC. 853. ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.
(a) In General.--Before awarding a contract to an offeror for the
supply of fuel for any overseas contingency operation, the Secretary of
Defense shall--
(1) ensure, to the maximum extent practicable, that no
otherwise responsible offeror is disqualified for such award on
the basis of an unsupported denial of access to a facility or
equipment by the host nation government; and
(2) require assurances that the offeror will comply with
the requirements of subsections (b) and (c).
(b) Requirement.--An offeror for the supply of fuel for any
overseas contingency operation shall--
(1) certify that the provided fuel, in whole or in part, or
derivatives of such fuel, is not sourced from a nation or
region prohibited from selling petroleum to the United States;
and
(2) furnish such records as are necessary to verify
compliance with such anti-corruption statutes and regulations
as the Secretary determines necessary, including--
(A) the Foreign Corrupt Practices Act (15 U.S.C.
78dd-1 et seq.);
(B) the regulations contained in parts 120 through
130 of title 22, Code of Federal Regulations, or
successor regulations (commonly known as the
``International Traffic in Arms Regulations'');
(C) the regulations contained in parts 730 through
774 of title 15, Code of Federal Regulations, or
successor regulations (commonly known as the ``Export
Administration Regulations''); and
(D) such regulations as may be promulgated by the
Office of Foreign Assets Control of the Department of
the Treasury.
(c) Report Required.--Not more than 180 days after the award of a
contract for the supply of fuel for any overseas contingency operation
that is greater than $50,000,000, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees a report including--
(1) an assessment of the price per gallon for such fuel,
along with an assessment of the price per gallon for fuel paid
by other entities in the same nation or region of the nation;
and
(2) an assessment of the ability of the contractor awarded
such contract to comply with sanctions on Iran and monitor for
violations of those sanctions.
(d) Applicability.--Subsections (a), (b), and (c) of this section
shall apply with respect to contracts entered into on or after the date
of the enactment of this Act.
(e) Avoidance of Use of Lowest Price Technically Acceptable Source
Selection Criteria for Fuel Procurement and Fuel-related Services.--
Section 813(c)(3) of the National Defense Authorization Act for Fiscal
Year 2017 (10 U.S.C. 2305 note) is amended by inserting ``, including
fuel procurement and fuel-related services,'' after ``logistics
services,''.
SEC. 854. CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION EXPERTS.
(a) Cadre of Software Development and Acquisition Experts.--
(1) Not later than January 1, 2022, the Secretary of
Defense, acting through the Under Secretary of Defense for
Acquisition and Sustainment, shall establish a cadre of
personnel who are experts in development and acquisition of
software. The purpose of the cadre is to ensure a consistent,
strategic, and highly knowledgeable approach to developing and
acquiring software by providing expert advice, assistance, and
resources to the acquisition workforce in support of the
policies established in accordance with Department of Defense
Instruction 5000.02, Operation of the Adaptive Acquisition
Framework, dated January 23, 2020.
(2) The Under Secretary shall establish an appropriate
leadership structure and office within which the cadre shall be
managed, and shall determine the appropriate official to whom
members of the cadre shall report.
(3) The cadre of experts shall be assigned to a program
office or an acquisition command within a military department
to advise, assist, and provide resources to a program manager
or program executive officer on matters pertaining to software
at various stages of the life cycle of a system, including but
not limited to integration, testing, production, certification,
deployment of capabilities to the operational environment, and
maintenance. In performing such duties, the experts shall--
(A) Advise and assist in integration of modern
software development practices such as agile software
development; development, security, and operations
(DevSecOps); and lean practices.
(B) Advise and assist in leveraging industry best
practices for software development, deployment,
upgrades, and sustainment to include contracting for
software as a service, subscription models, use of
prime contractors to assist in integration, and other
methods for acquiring or accessing capability.
(C) In conjunction with the Cadre of Intellectual
Property Experts established pursuant to section 2322
of this title, develop a strategy and licensing
framework to enable government procurement of
commercial software, to include:
(i) in accordance with section 2377 of this
title, a preference for the acquisition of
commercial software under the license
customarily provided to the public, except as
specified in paragraphs (ii) and (iii);
(ii) identification of terms or conditions
that may be inconsistent with federal
procurement law;
(iii) identification of operational user
needs that may necessitate the negotiation of
customized licenses to ensure authorized use in
unique operational environments; and
(iv) methods and procedures for use of
stand-alone software licensing in cases where
other contract vehicles are inappropriate or
unavailable.
(D) Establish and lead cross-functional government-
industry teams that include operational users, data and
system architects, experts in artificial intelligence,
developmental and operational testers, software
developers, and cybersecurity experts to deliver
software rapidly and iteratively to meet the highest
priority user needs.
(E) Advise and assist in the development of
requirements, acquisition strategy, product support
strategy, and intellectual property strategy for a
system.
(F) Advise and assist in planning and budgeting for
agile software development and deployment, and the
sustainment of software over the life-cycle of the
program, to include consideration of the shifting
landscape of continual cyber threat and evolving cyber
requirements.
(G) Conduct or assist with financial analysis, cost
estimation, and valuation of software, to include agile
software development, to include valuation of embedded
software as a standalone product or as part of modular
open system approach.
(H) Assist in the drafting of a solicitation,
contract, or other transaction agreement.
(I) Interact with or assist in interactions with
contractors, including communications and negotiations
with contractors on solicitations and awards.
(J) Foster culture change necessary to enable the
Department of Defense to embrace and leverage modern
software practices by:
(i) recommending policies to ensure program
managers are empowered to set and maintain the
integrity of agile develop process and
priorities; and
(ii) educating key stakeholders in
considerations regarding the integration and
incorporation of agile software development
practices with systems acquired under the major
capability acquisition pathway.
(4)(A) In order to achieve the purpose set forth in
paragraph (1), the Under Secretary shall ensure the cadre has
the appropriate number of staff and such staff possesses the
necessary skills, knowledge, and experience to carry out the
duties under paragraph (2), including in relevant areas of law,
commercial software licensing, contracting, acquisition,
logistics, engineering, financial analysis, cost estimation,
and valuation. The Under Secretary, in coordination with the
Defense Acquisition University and in consultation with
academia and industry, shall develop a career path, including
development opportunities, exchanges, talent management
programs, and training, for the cadre. The Under Secretary may
use existing authorities to staff the cadre, including those in
subparagraphs (B), (C), (D), and (F).
(B) Civilian personnel from within the Office of
the Secretary of Defense, Joint Staff, military
departments, Defense Agencies, and combatant commands
may be assigned to serve as members of the cadre, upon
request of the Director.
(C) The Under Secretary may use the authorities for
highly qualified experts under section 9903 of title 5,
to hire experts as members of the cadre who are skilled
professionals in software development and acquisition,
commercial software licensing, and related matters.
(D) The Under Secretary may enter into a contract
with a private-sector entity for specialized expertise
to support the cadre. Such entity may be considered a
covered Government support contractor, as defined in
section 2320 of this title.
(E) In establishing the cadre, the Under Secretary
shall give preference to civilian employees of the
Department of Defense, rather than members of the armed
forces, to maintain continuity in the cadre.
(F) The Under Secretary is authorized to use
amounts in the Defense Acquisition Workforce
Development Fund for the purpose of recruitment,
training, and retention of the cadre, including paying
salaries of newly hired members of the cadre for up to
three years.
(G) In implementing this section, the Under
Secretary shall ensure compliance with applicable total
force management policies, requirements, and
restrictions provided in sections 129a, 2329, and 2461
of title 10, United States Code.
(H) The Under Secretary shall ensure that any
contractor employee providing services in support of,
or participation in, the cadre established under this
section and is considered a Special Government Employee
as defined by section 202 of title 18, United States
Code, is required to file a confidential financial
disclosure in accordance with the Ethics in Government
Act of 1978.
SEC. 855. ACQUISITION PRACTICES AND POLICIES ASSESSMENT.
(a) In General.--The Department of Defense Climate Working Group
established pursuant to Executive Order 14008 (86 Fed. Reg. 7619,
related to tackling the climate crisis), in coordination with the
Assistant Secretary of Defense for Energy, Installations, and
Environment, shall assess and develop recommendations for implementing,
in regulations, the acquisition practices and policies described in
subsection (b) with respect to acquisitions by the Department of
Defense.
(b) Acquisition Practices and Policies.--The practices and policies
described in this subsection are--
(1) acquisition planning practices that promote the
acquisition of resilient and resource-efficient goods and
services and that support innovation in environmental
technologies, including--
(A) weighing the cost savings and resource and
energy preservation of environmentally preferable goods
or services against the speed and uniformity of
traditional goods or services when identifying
requirements or drafting the statement of work;
(B) designing the technical specifications that set
product performance levels to diminish greenhouse gas
emissions;
(C) restricting the statement of work or
specifications to only environmentally preferable goods
or services where the quality, availability, and price
comparable to traditional goods or services;
(D) engaging in public-private partnerships with
private sector and nonprofit institutions to design,
build, and fund resilient, low-carbon infrastructure;
(E) collaborating with local jurisdictions
surrounding military installations, with a focus on
military installations located in States with
established policies, guidance, and processes for
procuring goods and services in a manner that minimizes
environmental and social costs; and
(F) designing the technical specifications for
assessment and mitigation of risk to supply chains from
extreme weather and changes in environmental
conditions;
(2) source selection practices that promote the acquisition
of resilient and resource-efficient goods and services and that
support innovation in environmental technologies, including--
(A) considering any resilience, low-carbon, or low-
toxicity criteria as competition factors on the basis
of which the award is made in addition to cost, past
performance, and quality factors;
(B) using accepted standards, emissions data,
certifications, and labels to verify the environmental
impact of a good or service and enhance procurement
efficiency;
(C) training acquisition professionals to evaluate
the credibility of certifications and labels purporting
to convey information about the environmental impact of
a good or service; and
(D) considering all the costs of a good or service
that will be incurred throughout its lifetime by
calculating and measuring operating costs, maintenance,
end of life costs, and residual value, including costs
resulting from the carbon and other greenhouse gas
emissions associated with the good or service; and
(3) consideration of the external economic, environmental,
and social effects arising over the entire life cycle of an
acquisition when making acquisition planning and source
selection decisions.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the chair of the Department of Defense Climate
Working Group shall submit to the congressional defense committees a
report on the assessment conducted under subsection (a), which shall
include the recommendations developed under such subsection.
(d) Definitions.--In this section:
(1) Environmentally preferable.--The term ``environmentally
preferable'', with respect to a good or service, means that the
good or service has a lesser or reduced effect on human health
and the environment when compared with competing goods or
services that serve the same purpose. The comparison may
consider raw materials acquisition, production, manufacturing,
packaging, distribution, reuse, operation, maintenance, or
disposal of the good or service.
(2) Resource-efficient goods and services.--The term
``resource-efficient goods and services'' means goods and
services--
(A) that use fewer resources than competing goods
and services to serve the same purposes or achieve the
same or substantially similar result as such competing
goods and services; and
(B) for which the negative environmental impacts
across the full life cycle of such goods and services
are minimized.
SEC. 856. REPORT ON IMPROVEMENTS TO PROCUREMENT TECHNICAL ASSISTANCE
PROGRAMS.
Not later than March 1, 2022, the Secretary of Defense, in
consultation with the Under Secretary of Defense for Acquisition and
Sustainment, shall submit to the congressional defense committees a
report on the status of the implementation of the following three
recommendations set forth in the report of the Government
Accountability Office titled ``Procurement Technical Assistance
Program: Opportunities Exist for DOD to Enhance Training and
Collaboration'' (GAO-21-287), dated March 31, 2021, to improve
procurement technical assistance programs established under chapter 142
of title 10, United States Code:
(1) The Under Secretary of Defense for Acquisition and
Sustainment should require procurement technical assistance
centers to use the template developed by the Defense Logistics
Agency to help track fulfillment of training requirements.
(2) The Under Secretary of Defense for Acquisition and
Sustainment should reach an agreement with the Association of
procurement technical assistance centers to provide the Defense
Logistics Agency with the aggregate results of proficiency
tests administered to measure the effectiveness of procurement
technical assistance centers counselor training.
(3) The Under Secretary of Defense for Acquisition and
Sustainment should work with Administrator of the Small
Business Administration to formalize a collaborative agreement
for procurement technical assistance centers and small business
development centers (as defined under section 3 of the Small
Business Act (15 U.S.C. 632)) in relation to providing client
services on government contracting.
SEC. 857. REPORT ON COMMERCIAL ITEM DETERMINATIONS.
(a) In General.--Not later than 180 days after enactment of this
Act, the Undersecretary for Acquisitions and Sustainment shall submit
to the congressional defense committees a report on commercial item
determinations containing the following:
(1) An accounting of the training available for the
acquisition workforce related to commercial item determinations
and price reasonableness determinations under Federal
Acquisition Regulations Part 12, including a description of the
training, duration, periodicity, whether the training is
optional or mandatory, and the date on which the training
materials were last substantially revised.
(2) An assessment of the currency of the acquisition
workforce in the training described in paragraph (2).
(b) Publication.--The Undersecretary for Acquisitions and
Sustainment shall publish on an appropriate publicly available website
of the Department of Defense the report required by subsection (a).
SEC. 858. PILOT PROGRAM TO TRANSITION DIGITALLY SECURED MANUFACTURING
TECHNOLOGIES.
(a) Program Required.--The Under Secretary of Defense for Research
and Engineering shall carry out a pilot program to ensure the
transition of digitally secured manufacturing technologies developed by
a manufacturing innovation institute that is funded by the Department
of Defense to covered defense contractors to promote the development of
digitally secured manufacturing technologies to--
(1) enhance and secure the supply chain for such digitally
secured manufacturing technologies for use in weapon systems;
and
(2) ensure increased quality and decreased costs of such
digitally secured manufacturing technologies.
(b) Partnership.--Under the pilot program, the Under Secretary
shall reimburse related costs to covered defense contractors to
facilitate the transition of digitally secured manufacturing
technologies from such manufacturing innovation institutes to such
covered defense contractors.
(c) Annual Report.--Not later than 90 days after the last day of
each fiscal year during which the pilot program is operational, the
Under Secretary of Defense for Research and Engineering shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on participation in and the impact of the
pilot program.
(d) Definitions.--In this section:
(1) The term ``covered defense contractor'' means a
contractor in the defense industrial base that--
(A) manufactures and delivers aircraft, ships,
vehicles, weaponry, or electronic systems; or
(B) provides services, such as logistics or
engineering support, to the Department of Defense.
(2) The term ``digitally secured manufacturing technology''
means an existing or experimental manufacturing technology
determined by the Under Secretary of Defense for Research and
Engineering to meet the needs of the Department of Defense.
(e) Termination.--The pilot program established under this section
shall terminate 3 years after the date of the enactment of this Act.
(f) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
Manufacturing Technology Program, line 051 is hereby increased by
$3,000,000.
(g) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for Office of the
Secretary of Defense, line 540 is hereby reduced by $3,000,000.
SEC. 859. BRIEFING ON EXPANDED SMALL UNMANNED AIRCRAFT SYSTEMS
CAPABILITY.
The Secretary of Defense shall, not later than January 30, 2022,
provide a briefing to the Committee on Armed Services of the House of
Representatives on the evaluation of commercially available small
unmanned aircraft systems (hereinafter referred to as ``sUAS'') with
capabilities that align with the Department's priorities, including--
(1) the timing of the release of the updated list titled
``Blue sUAS 2.0'' of the Defense Innovation Unit that contains
available fixed wing and multirotor commercial small unmanned
aircraft systems compliant with section 848 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92); and
(2) the advisability and feasibility of adding end-to-end
sUAS solutions to such list, including the sUAS, supporting
field management software, technical support, and training, all
provided as an integrated collection and analysis capability.
SEC. 860. WAIVER AUTHORIZATION STREAMLINING.
Section 8(a)(21) of the Small Business Act (15 U.S.C. 637(a)(21))
is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (F)'';
(2) in subparagraph (B)--
(A) by striking clause (iii); and
(B) by redesignating clauses (iv) and (v) as
clauses (iii) and (iv), respectively;
(3) by moving subparagraph (C) two ems to the left; and
(4) by adding at the end the following new subparagraph:
``(F) In the event either a contract awarded pursuant to this
subsection or ownership and control of a concern performing a contact
awarded pursuant to this subsection will pass to another small business
concern, the requirements of subparagraph (A) shall not apply if--
``(i) the acquiring small business concern is a program
participant; and
``(ii) upon a request submitted prior to the passage of the
contract or the actual relinquishment of ownership and control,
as applicable, the Administrator (or the delegee of the
Administrator) determines that the acquiring small business
concern would otherwise be eligible to directly receive the
award pursuant to this subsection.''.
SEC. 861. MODIFICATIONS TO GOVERNMENTWIDE GOALS FOR SMALL BUSINESS
CONCERNS.
Section 15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1))
is amended--
(1) in clause (i), by striking ``23 percent'' and inserting
``25 percent'';
(2) in clause (ii), by striking ``3 percent'' and inserting
``4 percent'';
(3) in clause (iii), by striking ``3 percent'' and
inserting ``4 percent'';
(4) in clause (iv), by striking ``at not less than'' and
all that follows and inserting the following: ``at not less
than--
``(I) 11 percent of the total value
of all prime contract and subcontract
awards for fiscal year 2022;
``(II) 12 percent of the total
value of all prime contract and
subcontract awards for fiscal year
2023;
``(III) 13 percent of the total
value of all prime contract and
subcontract awards for fiscal year
2024; and
``(IV) 15 percent of the total
value of all prime contract and
subcontract awards for fiscal year 2025
and each fiscal year thereafter.''; and
(5) in clause (v), by striking ``at not less than'' and all
that follows and inserting the following: ``at not less than--
``(I) 6 percent of the total value
of all prime contract and subcontract
awards for each of fiscal years 2022
and 2023; and
``(II) 7 percent of the total value
of all prime contract and subcontract
awards for fiscal year 2024 and each
fiscal year thereafter.''.
SEC. 862. DUTIES OF SMALL BUSINESS DEVELOPMENT CENTER COUNSELORS.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) Cyber Strategy Training for Small Business Development
Centers.--
``(1) Definitions.--In this subsection--
``(A) the term `cyber strategy' means resources and
tactics to assist in planning for cybersecurity and
defending against cyber risks and cyber attacks; and
``(B) the term `lead small business development
center' means a small business development center that
has received a grant from the Administration.
``(2) Certification program.--The Administrator shall
establish a cyber counseling certification program, or approve
a similar existing program, to certify the employees of lead
small business development centers to provide cyber planning
assistance to small business concerns.
``(3) Number of certified employees.--The Administrator
shall ensure that the number of employees of each lead small
business development center who are certified in providing
cyber planning assistance under this subsection is not fewer
than the lesser of--
``(A) 5; or
``(B) 10 percent of the total number of employees
of the lead small business development center.
``(4) Consideration of small business development center
cyber strategy.--In carrying out this subsection, the
Administrator, to the extent practicable, shall consider any
cyber strategy methods included in the Small Business
Development Center Cyber Strategy developed under section
1841(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2662).
``(5) Reimbursement for certification.--
``(A) In general.--Subject to the availability of
appropriations and subparagraph (B), the Administrator
shall reimburse a lead small business development
center for costs relating to the certification of an
employee of the lead small business development center
under the program established under paragraph (2).
``(B) Limitation.--The total amount reimbursed by
the Administrator under subparagraph (A) may not exceed
$350,000 in any fiscal year.''.
SEC. 863. COMPTROLLER GENERAL REPORT ON MERGERS AND ACQUISITIONS IN THE
DEFENSE INDUSTRIAL BASE.
Not later than March 1, 2022, the Comptroller General of the United
States shall submit to Congress a report on the impact of mergers and
acquisitions of defense industrial base contractors on the procurement
processes of the Department of Defense.
SEC. 864. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS FROM CATEGORY MANAGEMENT REQUIREMENTS.
(a) In General.--The Small Business Act is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CATEGORY MANAGEMENT
REQUIREMENTS.
``(a) In General.--A contract awarded under section 8(a), 8(m), 31,
or 36 that is classified as tier 0--
``(1) shall be exempt from the procedural requirements of
any Federal rule or guidance on category management or
successor strategies for contract consolidation; and
``(2) shall not be included when measuring the attainment
of any goal or benchmark established under any Federal rule or
guidance on category management or successor strategies for
contract consolidation.
``(b) Prohibition.--With respect to a requirement that was
previously satisfied through a contract awarded under section 8(a), the
head of a Federal agency shall not remove such requirement from a
contract eligible for award under section 8(a) and include such
requirement in a contract that is classified as tier 1, tier 2, or tier
3 without the Administrator's approval.
``(c) Definitions.--In this section:
``(1) Category management.--The term `category management'
has the meaning given by the Director of the Office of
Management and Budget.
``(2) Tier 0; tier 1; tier 2; tier 3.--The terms `tier 0',
`tier 1', `tier 2', and `tier 3' have the meanings given such
terms, respectively, by the Director of the Office of
Management and Budget with respect to the Spend Under
Management tiered maturity model, or any successor model.''.
(b) Application.--Section 49 of the Small Business Act, as added by
subsection (a), shall apply with respect to contracts entered into on
or after the date of the enactment of this Act.
SEC. 865. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR
REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF
1938.
The head of a Federal department or agency (as defined in section
102 of title 40, United States Code) shall initiate a debarment
proceeding with respect to a person for whom information regarding four
or more willful or repeated violation of the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition
described under subsection (c)(1) of section 2313 of title 41, United
States Code, and issued in the last four years, is included in the
database established under subsection (a) of such section. The head of
the department or agency shall use discretion in determining whether
the debarment is temporary or permanent.
SEC. 866. DOMESTICALLY SOURCED ALTERNATIVES.
The Secretary of Defense should acquire domestically sourced
alternatives to existing defense products for the design, development,
and production of priority Department of Defense projects to include
further developing high efficiency power conversion technology and
manufacturing advanced AC-DC power converters that improve performance
for the dismounted soldier.
SEC. 867. REPORT ON DUPLICATIVE INFORMATION TECHNOLOGY CONTRACTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on
efforts within the Department of Defense to reduce duplicative
information technology contracts.
SEC. 868. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING.
(a) Short Title.--This section may be cited as the ``Wartime
Contracting Commission Reauthorization of 2021''.
(b) In General.--There is hereby reestablished in the legislative
branch under section 841 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) the Commission on
Wartime Contracting.
(c) Amendment to Duties.--Section 841(c)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by overseas
contingency operations funds.
``(B) Federal agency contracting for the logistical
support of coalition forces operating under the
authority of either the Authorization for Use of
Military Force (Public Law 107-40; 50 U.S.C. 1541 note)
or the Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C.
1541 note).
``(C) Federal agency contracting for the
performance of security functions in countries where
coalition forces operate under the authority of either
the Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note) or the Authorization for
Use of Military Force Against Iraq Resolution of 2002
(Public Law 107-243; 50 U.S.C. 1541 note).''.
(d) Conforming Amendments.--Section 841 of the National of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the Committee
on Oversight and Government Reform'' each place it
appears, and inserting ``the Committee on Oversight and
Reform'';
(B) in paragraph (2), by striking ``of this Act''
and inserting ``of the Wartime Contracting Commission
Reauthorization of 2021''; and
(C) in paragraph (4), by striking ``was first
established'' each place it appears, and inserting
``was reestablished by the Wartime Contracting
Commission Reauthorization of 2021''; and
(2) in subsection (d)(1), by striking ``On March 1, 2009''
and inserting ``Not later than one year after the date of
enactment of the Wartime Contracting Commission Reauthorization
of 2021''.
SEC. 869. APPLICATION OF PRICE EVALUATION PREFERENCE FOR QUALIFIED
HUBZONE SMALL BUSINESS CONCERNS TO CERTAIN CONTRACTS.
(a) In General.--Section 31(c)(3) of the Small Business Act (15
U.S.C. 657a(c)(3)) is amended by adding at the end the following new
subparagraph:
``(E) Application to certain contracts.--The
requirements of subparagraph (A) shall apply to an
unrestricted order issued under an unrestricted
multiple award contract or the unrestricted portion of
a contract that is partially set aside for competition
restricted to small business concerns.''.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this section, the Administrator of the Small Business
Administration shall revise any rule or guidance to implement the
requirements of this section.
SEC. 870. COMBATING TRAFFICKING IN PERSONS.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should have a zero tolerance policy for human
trafficking, and it is of vital importance that Government contractors
who engage in human trafficking be held accountable.
(b) Analysis Required.--The Secretary of Defense shall review the
recommendations contained in the report of the Comptroller General of
the United States titled ``Human Trafficking: DOD Should Address
Weaknesses in Oversight of Contractors and Reporting of Investigations
Related to Contracts'' (dated August 2021; GAO-21-546) and develop the
following:
(1) Policies and processes to ensure contracting officers
of the Department of Defense be informed of their
responsibilities relating to combating trafficking in persons
and to ensure that such contracting officers are accurately and
completely reporting trafficking in persons investigations.
(2) Policies and processes to specify--
(A) the offices and individuals within the
Department that should be receiving and reporting on
trafficking in persons incidents involving contractors;
(B) the elements of the Department and persons
outside the Department that are responsible for
reporting trafficking in persons investigations; and
(C) requirements relating to reporting such
incident in the Federal Awardee Performance and
Integrity Information System (or any other contractor
performance rating system).
(3) Policies and processes to ensure that combating
trafficking in persons monitoring is more effectively
implemented through, among other things, reviewing and
monitoring contractor compliance plans relating to combating
trafficking in persons.
(4) Policies and processes to ensure the Secretary of
Defense has accurate and complete information about compliance
with acquisition-specific training requirements relating to
combating trafficking in persons by contractors.
(5) A mechanism for ensuring completion of such training
within 30 days after a contractor begins performance on a
contract.
(6) An assessment of the resources and staff required to
support oversight of combating trafficking in persons,
including resources and staff to validate annual combating
trafficking in persons self-assessments by elements of the
Department.
(c) Interim Brief.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall brief the
congressional defense committees, the Committee on Oversight of the
House of Representatives, and the Committee on Homeland Security and
Government Affairs of the Senate on the preliminary findings of the
analysis required by subsection (b).
(d) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees, the Committee
on Oversight of the House of Representatives, and the Committee
on Homeland Security and Government Affairs of the Senate the
analysis required by subsection (b).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 871. AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS TO DECIDE
APPEALS RELATING TO QUALIFIED HUBZONE SMALL BUSINESS
CONCERNS.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Small Business Administration shall issue a
rule authorizing the Office of Hearings and Appeals of the
Administration to decide all appeals from formal protest determinations
in connection with the status of a concern as qualified HUBZone small
business concern (as such term is defined in section 31(b) of the Small
Business Act (15 U.S.C. 657a(b)).
SEC. 872. MICROLOAN PROGRAM; DEFINITIONS.
Paragraph (11) of section 7(m) of the Small Business Act (15 U.S.C.
636(m)(11)) is amended--
(1) in clause (ii) of subparagraph (C), by striking
``rural'' and all that follows to the end of the clause and
inserting ``rural;'';
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) the term `State' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States,
Guam, the Commonwealth of the Northern Mariana Islands,
and American Samoa.''.
SEC. 873. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN SMALL
BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business
Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business Act (15
U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(2) by striking ``$3,000,000'' and inserting
``$8,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is
amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(B) in clause (ii), by striking ``$4,000,000'' and
inserting ``$8,000,000''; and
(2) in paragraph (8)(B)--
(A) in clause (i), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(B) in clause (ii), by striking ``$4,000,000'' and
inserting ``$8,000,000''.
(c) Qualified HUBZone Small Business Concerns.--Section
31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii))
is amended--
(1) in subclause (I), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(2) in subclause (II), by striking ``$3,000,000'' and
inserting ``$8,000,000''.
(d) Small Business Concerns Owned and Controlled by Service-
Disabled Veterans.--Section 36(c)(2)(A) of the Small Business Act (15
U.S.C. 657f) is amended--
(1) in subparagraph (A), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(2) in subparagraph (B), by striking ``$3,000,000'' and
inserting ``$8,000,000''.
(e) Certain Veteran-Owned Concerns.--Section 8127(c) of title 38,
United States Code, is amended by striking ``$5,000,000'' and inserting
``the dollar thresholds under section 36(c)(2)(A) of the Small Business
Act''.
SEC. 874. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY CONTRACTOR
CONTRACTS AND PERSONNEL.
(a) Report on Actions Taken to Implement Government Accountability
Office Recommendations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments (as defined in section 101
of title 10, United States Code), shall submit to the congressional
defense committees a report on the efforts and plans of the Department
of Defense to implement the recommendations contained in the report of
the Government Accountability Office titled ``PRIVATE SECURITY
CONTRACTORS: DOD Needs to Better Identify and Monitor Personnel and
Contracts'' (GAO-21-255), dated July 29, 2021.
(b) Form of Submissions.--The report required by subsection (a)
shall, to the maximum extent possible, be submitted in unclassified
form, but may contain a classified annex.
(c) Report Contents.--The report required by subsection (a) shall
contain--
(1) a summary of the actions planned or taken by Department
of Defense to implement the three recommendations in the report
of the Government Accountability Office described in such
subsection;
(2) a schedule for completing the implementation of each
such recommendation, including specific milestones;
(3) a comprehensive list of--
(A) the specific contracted activities and services
designated by the Department private security
functions; and
(B) the private security contracts of the
Department in effect at any time during fiscal year
2021;
(4) an explanation of how the Department plans to ensure
that information pertaining to private security contracts and
personnel can be uniquely identified in the databases of the
Department used to record information on contracts and
contractor personnel; and
(5) a summary of the data possessed by the Department on
all private security contracts in effect as of the end of
fiscal year 2021, including--
(A) the number of such contracts;
(B) the number of contractors for such contracts;
(C) the number of private security personnel
performing private security functions under such
contracts, including the number of such personnel who
are armed and the number who are unarmed; and
(D) for all such private security personnel, job
titles and primary duty stations under such contracts,
including whether such individual is deployed inside or
outside of the continental United States.
(d) Definitions.--In this section:
(1) Private security contract.--The term ``private security
contract'' means a covered contract (as defined under section
159.3 of title 32, Code of Federal Regulations) under which
private security functions are performed.
(2) Private security functions.--The term ``private
security functions'' has the meaning given such term under
section 159.3 of title 32, Code of Federal Regulations.
(3) Private security personnel.--The term ``private
security personnel'' has the meaning given the term ``PSC
personnel'' under section 159.3 of title 32, Code of Federal
Regulations.
SEC. 875. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(A) a member of the Armed Forces, including the
National Guard or Reserves;
``(B) an individual who is participating in the
Transition Assistance Program established under section
1144 of title 10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch
of the Armed Forces, including the National
Guard or Reserves; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable; and
``(D) a spouse or dependent of an individual
described in subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October 1
after the enactment of this subsection and for the subsequent 4
fiscal years, the Administrator shall carry out a program to be
known as the `Boots to Business Program' to provide
entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program
are to--
``(A) provide assistance and in-depth training to
covered individuals interested in business ownership;
and
``(B) provide covered individuals with the tools,
skills, and knowledge necessary to identify a business
opportunity, draft a business plan, identify sources of
capital, connect with local resources for small
business concerns, and start up a small business
concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program
may include--
``(i) a presentation providing exposure to
the considerations involved in self-employment
and ownership of a small business concern;
``(ii) an online, self-study course focused
on the basic skills of entrepreneurship, the
language of business, and the considerations
involved in self-employment and ownership of a
small business concern;
``(iii) an in-person classroom instruction
component providing an introduction to the
foundations of self employment and ownership of
a small business concern; and
``(iv) in-depth training delivered through
online instruction, including an online course
that leads to the creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and private
entities to develop course curricula for the
Boots to Business Program; and
``(ii) modify program components in
coordination with entities participating in a
Warriors in Transition program, as defined in
section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (10
U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator
shall--
``(I) ensure that Veteran Business
Outreach Centers regularly participate,
on a nationwide basis, in the Boots to
Business Program; and
``(II) to the maximum extent
practicable, use a variety of other
resource partners and entities in
administering the Boots to Business
Program.
``(ii) Grant authority.--In carrying out
clause (i), the Administrator may make grants
to Veteran Business Outreach Centers, other
resource partners, or other entities to carry
out components of the Boots to Business
Program.
``(D) Availability to department of defense.--The
Administrator shall make available to the Secretary of
Defense information regarding the Boots to Business
Program, including all course materials and outreach
materials related to the Boots to Business Program, for
inclusion on the website of the Department of Defense
relating to the Transition Assistance Program, in the
Transition Assistance Program manual, and in other
relevant materials available for distribution from the
Secretary of Defense.
``(E) Availability to veterans affairs.--In
consultation with the Secretary of Veterans Affairs,
the Administrator shall make available for distribution
and display at local facilities of the Department of
Veterans Affairs outreach materials regarding the Boots
to Business Program which shall, at a minimum--
``(i) describe the Boots to Business
Program and the services provided; and
``(ii) include eligibility requirements for
participating in the Boots to Business Program.
``(5) Report.--Not later than 180 days after the date of
the enactment of this subsection and every year thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
performance and effectiveness of the Boots to Business Program,
which may be included as part of another report submitted to
such Committees by the Administrator, and which shall include--
``(A) information regarding grants awarded under
paragraph (4)(C);
``(B) the total cost of the Boots to Business
Program;
``(C) the number of program participants using each
component of the Boots to Business Program;
``(D) the completion rates for each component of
the Boots to Business Program;
``(E) to the extent possible--
``(i) the demographics of program
participants, to include gender, age, race,
relationship to military, military occupational
specialty, and years of service of program
participants;
``(ii) the number of small business
concerns formed or expanded with assistance
under the Boots to Business Program;
``(iii) the gross receipts of small
business concerns receiving assistance under
the Boots to Business Program;
``(iv) the number of jobs created with
assistance under the Boots to Business Program;
``(v) the number of referrals to other
resources and programs of the Administration;
``(vi) the number of program participants
receiving financial assistance under loan
programs of the Administration;
``(vii) the type and dollar amount of
financial assistance received by program
participants under any loan program of the
Administration; and
``(viii) results of participant
satisfaction surveys, including a summary of
any comments received from program
participants;
``(F) an evaluation of the effectiveness of the
Boots to Business Program in each region of the
Administration during the most recent fiscal year;
``(G) an assessment of additional performance
outcome measures for the Boots to Business Program, as
identified by the Administrator;
``(H) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are
covered individuals;
``(I) an explanation of how the Boots to Business
Program has been integrated with other transition
programs and related resources of the Administration
and other Federal agencies; and
``(J) any additional information the Administrator
determines necessary.''.
SEC. 876. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF BUSINESS
CONCERNS.
Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Determinations regarding status of concerns.--
``(A) In general.--Not later than 2 days after the
date on which a final determination that a business
concern does not meet the requirements of the status
such concern claims to hold is made, such concern or
the Administrator, as applicable, shall update the
status of such concern in the System for Award
Management (or any successor system).
``(B) Administrator updates.--If such concern fails
to update the status of such concern as described in
subparagraph (A), not later than 2 days after such
failure the Administrator shall make such update.
``(C) Notification.--A concern required to make an
update described under subparagraph (A) shall notify
any contracting officers for which such concern has an
offer pending on a contract, of the determination made
under subparagraph (A), if the concern, in good faith,
finds that such determination impacts the eligibility
of the concern to perform such a contract.''.
SEC. 877. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC INFLATION
ADJUSTMENTS TO THE ACQUISITION-RELATED DOLLAR THRESHOLD.
(a) In General.--Section 1908(b)(2) of title 41, United States
Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) in sections 3131 through 3134 of title 40,
except any modification of any such dollar threshold
made by regulation in effect on the date of the
enactment of this subparagraph shall remain in
effect.''.
(b) Technical Amendment.--Section 1908(d) of such title is amended
by striking the period at the end.
SEC. 878. CHILD CARE RESOURCE GUIDE.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. CHILD CARE RESOURCE GUIDE.
``(a) In General.--Not later than 1 year after the date of the
enactment of this section and not less frequently than every 5 years
thereafter, the Administrator shall publish or update a resource guide,
applicable to various business models as determined by the
Administrator, for small business concerns operating as child care
providers.
``(b) Guidance on Small Business Concern Matters.--The resource
guide required under subsection (a) shall include guidance for such
small business concerns related to--
``(1) operations (including marketing and management
planning);
``(2) finances (including financial planning, financing,
payroll, and insurance);
``(3) compliance with relevant laws (including the Internal
Revenue Code of 1986 and this Act);
``(4) training and safety (including equipment and
materials);
``(5) quality (including eligibility for funding under the
Child Care and Development Block Grant Act of 1990 as an
eligible child care provider); and
``(6) any other matters the Administrator determines
appropriate.
``(c) Consultation Required.--Before publication or update of the
resource guide required under subsection (a), the Administrator shall
consult with the following:
``(1) The Secretary of Health and Human Services.
``(2) Representatives from lead agencies designated under
section 658D of the Child Care and Development Block Grant Act
of 1990.
``(3) Representatives from local or regional child care
resource and referral organizations described in section
658E(c)(3)(B)(iii)(I) of the Child Care and Development Block
Grant Act of 1990.
``(4) Any other relevant entities as determined by the
Administrator.
``(d) Publication and Dissemination Required.--
``(1) Publication.--The Administrator shall publish the
resource guide required under subsection (a) in English and in
the 10 most commonly spoken languages, other than English, in
the United States, which shall include Mandarin, Cantonese,
Japanese, and Korean. The Administrator shall make each
translation of the resource guide available on a publicly
accessible website of the Administration.
``(2) Distribution.--
``(A) Administrator.--The Administrator shall
distribute the resource guide required under subsection
(a) to offices within the Administration, including
district offices, and to the persons consulted under
subsection (c).
``(B) Other entities.--Women's business centers (as
described under section 29), small business development
centers, chapters of the Service Corps of Retired
Executives (established under section 8(b)(1)(B)), and
Veteran Business Outreach Centers (as described under
section 32) shall distribute to small business concerns
operating as child care providers, sole proprietors
operating as child care providers, and child care
providers that have limited administrative capacity, as
determined by the Administrator--
``(i) the resource guide required under
subsection (a); and
``(ii) other resources available that the
Administrator determines to be relevant.''.
SEC. 879. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(A) a member of the Armed Forces, including the
National Guard or Reserves;
``(B) an individual who is participating in the
Transition Assistance Program established under section
1144 of title 10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch
of the Armed Forces, including the National
Guard or Reserves; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable; and
``(D) a spouse or dependent of an individual
described in subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October 1
after the enactment of this subsection and for the subsequent 4
fiscal years, the Administrator shall carry out a program to be
known as the `Boots to Business Program' to provide
entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program
are to--
``(A) provide assistance and in-depth training to
covered individuals interested in business ownership;
and
``(B) provide covered individuals with the tools,
skills, and knowledge necessary to identify a business
opportunity, draft a business plan, identify sources of
capital, connect with local resources for small
business concerns, and start up a small business
concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program
may include--
``(i) a presentation providing exposure to
the considerations involved in self-employment
and ownership of a small business concern;
``(ii) an online, self-study course focused
on the basic skills of entrepreneurship, the
language of business, and the considerations
involved in self-employment and ownership of a
small business concern;
``(iii) an in-person classroom instruction
component providing an introduction to the
foundations of self employment and ownership of
a small business concern; and
``(iv) in-depth training delivered through
online instruction, including an online course
that leads to the creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and private
entities to develop course curricula for the
Boots to Business Program; and
``(ii) modify program components in
coordination with entities participating in a
Warriors in Transition program, as defined in
section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (10
U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator
shall--
``(I) ensure that Veteran Business
Outreach Centers regularly participate,
on a nationwide basis, in the Boots to
Business Program; and
``(II) to the maximum extent
practicable, use a variety of other
resource partners and entities in
administering the Boots to Business
Program.
``(ii) Grant authority.--In carrying out
clause (i), the Administrator may make grants
to Veteran Business Outreach Centers, other
resource partners, or other entities to carry
out components of the Boots to Business
Program.
``(D) Availability to department of defense.--The
Administrator shall make available to the Secretary of
Defense information regarding the Boots to Business
Program, including all course materials and outreach
materials related to the Boots to Business Program, for
inclusion on the website of the Department of Defense
relating to the Transition Assistance Program, in the
Transition Assistance Program manual, and in other
relevant materials available for distribution from the
Secretary of Defense.
``(E) Availability to veterans affairs.--In
consultation with the Secretary of Veterans Affairs,
the Administrator shall make available for distribution
and display at local facilities of the Department of
Veterans Affairs outreach materials regarding the Boots
to Business Program which shall, at a minimum--
``(i) describe the Boots to Business
Program and the services provided; and
``(ii) include eligibility requirements for
participating in the Boots to Business Program.
``(5) Report.--Not later than 180 days after the date of
the enactment of this subsection and every year thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
performance and effectiveness of the Boots to Business Program,
which may be included as part of another report submitted to
such Committees by the Administrator, and which shall include--
``(A) information regarding grants awarded under
paragraph (4)(C);
``(B) the total cost of the Boots to Business
Program;
``(C) the number of program participants using each
component of the Boots to Business Program;
``(D) the completion rates for each component of
the Boots to Business Program;
``(E) to the extent possible--
``(i) the demographics of program
participants, to include gender, age, race,
relationship to military, military occupational
specialty, and years of service of program
participants;
``(ii) the number of small business
concerns formed or expanded with assistance
under the Boots to Business Program;
``(iii) the gross receipts of small
business concerns receiving assistance under
the Boots to Business Program;
``(iv) the number of jobs created with
assistance under the Boots to Business Program;
``(v) the number of referrals to other
resources and programs of the Administration;
``(vi) the number of program participants
receiving financial assistance under loan
programs of the Administration;
``(vii) the type and dollar amount of
financial assistance received by program
participants under any loan program of the
Administration; and
``(viii) results of participant
satisfaction surveys, including a summary of
any comments received from program
participants;
``(F) an evaluation of the effectiveness of the
Boots to Business Program in each region of the
Administration during the most recent fiscal year;
``(G) an assessment of additional performance
outcome measures for the Boots to Business Program, as
identified by the Administrator;
``(H) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are
covered individuals;
``(I) an explanation of how the Boots to Business
Program has been integrated with other transition
programs and related resources of the Administration
and other Federal agencies; and
``(J) any additional information the Administrator
determines necessary.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. MODIFICATION OF REQUIREMENTS FOR APPOINTMENT OF A PERSON AS
SECRETARY OF DEFENSE AFTER RELIEF FROM ACTIVE DUTY.
Section 113(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``There is''; and
(2) by striking the second sentence and inserting the
following new paragraph:
``(2)(A) Except as provided by subparagraph (B), a person may not
be appointed as Secretary of Defense during the period of 10 years
after relief from active duty as a commissioned officer of a regular
component of an armed force in pay grade O-6 or above.
``(B) A person described in subparagraph (A) may be appointed as
Secretary of Defense if--
``(i) the President submits to Congress a request for
approval for such appointment; and
``(ii) Congress enacts a joint resolution of approval.
``(C) In this subsection, the term `joint resolution of approval'
means a joint resolution of either House of Congress, the sole matter
after the resolving clause of which is as follows: ``The Congress
approves exempting _____ from the prohibition under section 113(a) of
title 10, United States Code, pursuant to the request of the President
for such exemption submitted to Congress on ______.'', with the blank
spaces being filled with the appropriate name and date,
respectively.''.
SEC. 902. IMPLEMENTATION OF REPEAL OF CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
Section 901(b)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended by striking ``, except that any officer or employee so
designated may not be an individual who served as the Chief Management
Officer before the date of the enactment of this Act''.
SEC. 903. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION OF
ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY.
(a) Designation.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official of the Department of Defense to be responsible for, and
accountable to the Secretary with respect to, the implementation of the
electromagnetic spectrum superiority strategy. The Secretary shall
designate the senior official from among individuals who are appointed
to a position in the Department by the President, by and with the
advice and consent of the Senate.
(b) Responsibilities.--The senior official designated under
subsection (a) shall be responsible for the following:
(1) Oversight of policy, strategy, planning, resource
management, operational considerations, personnel, and
technology development necessary to implement the
electromagnetic spectrum superiority strategy.
(2) Evaluating whether the amount that the Department of
Defense expends on electromagnetic warfare and electromagnetic
spectrum operations capabilities is properly aligned.
(3) Evaluating whether the Department is effectively
incorporating electromagnetic spectrum operations capabilities
and considerations into current and future operational plans
and concepts.
(4) Such other matters relating to electromagnetic spectrum
operations as the Secretary specifies for purposes of this
subsection.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report that includes the following:
(1) A review of the sufficiency of the rules of engagement
of the Department of Defense relating to electromagnetic
spectrum operations, in particular with respect to operating
below the level of armed conflict and to protect the Department
from electronic attack and disruption.
(2) Any other matters the Secretary determines relevant.
(d) Implementation Plan.--
(1) Submission.--Not later than 15 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a complete copy of the
implementation plan signed by the Secretary of Defense in July
2021 for the Electromagnetic Spectrum Superiority Strategy
published in October 2020.
(2) Report.--Not later than 45 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the implementation
plan specified in paragraph (1). The report shall include--
(A) an evaluation of the additional personnel,
resources, and authorities the Secretary determines
will be needed by the senior official of the Department
of Defense designated under subsection (a) who is
responsible for implementing the Electromagnetic
Spectrum Superiority Strategy published in October
2020; and
(B) a description of how the Secretary will ensure
that such implementation will be successful.
(e) Limitation on Availability of Funds; Quarterly Briefings.--
(1) Limitation.--Of the funds authorized to be appropriated
or otherwise made available for fiscal year 2022 for the Office
of the Under Secretary of Defense for Acquisition and
Sustainment for the travel of persons--
(A) not more than 25 percent may be obligated or
expended until the Secretary provides to the
congressional defense committees the first quarterly
briefing under paragraph (2);
(B) not more than 50 percent may be obligated or
expended until the Secretary provides to such
committees the second quarterly briefing under such
paragraph; and
(C) not more than 75 percent may be obligated or
expended until the Secretary provides to such
committees the third quarterly briefing under such
paragraph.
(2) Quarterly briefings.--On a quarterly basis during the
one-year period beginning on the date of the enactment of this
Act, the Secretary shall provide to the congressional defense
committees a briefing on the status of the implementation plan
specified in subsection (d)(1). Each briefing shall include the
following:
(A) An update on the efforts of the Department of
Defense to--
(i) achieve the strategic goals set out in
the electromagnetic spectrum superiority
strategy; and
(ii) implement such strategy through
various elements of the Department.
(B) An identification of any additional authorities
or resources relating to electromagnetic spectrum
operations that the Secretary determines is necessary
to implement the strategy.
(f) Electromagnetic Spectrum Superiority Strategy Defined.--In this
section, the term ``electromagnetic spectrum superiority strategy''
means the Electromagnetic Spectrum Superiority Strategy of the
Department of Defense published in October 2020, and any such successor
strategy.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. CLARIFICATION OF TREATMENT OF OFFICE OF LOCAL DEFENSE
COMMUNITY COOPERATION AS A DEPARTMENT OF DEFENSE FIELD
ACTIVITY.
(a) Treatment of Office of Local Defense Community Cooperation as a
Department of Defense Field Activity.--
(1) Transfer to chapter 8.--Section 146 of title 10, United
States Code, is transferred to subchapter I of chapter 8 of
such title, inserted after section 197, and redesignated as
section 198.
(2) Treatment as department of defense field activity.--
Section 198(a) of such title, as transferred and redesignated
by subsection (a) of this subsection, is amended--
(A) by striking ``in the Office of the Secretary of
Defense an office to be known as the'' and inserting
``in the Department of Defense an''; and
(B) by adding at the end the following: ``The
Secretary shall designate the Office as a Department of
Defense Field Activity pursuant to section 191,
effective as of the date of the enactment of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283).''.
(3) Appointment of director.--Such section 198 is further
amended--
(A) in subsection (b) in the matter preceding
paragraph (1), by striking ``Under Secretary of Defense
for Acquisition and Sustainment'' and inserting
``Secretary of Defense''; and
(B) in subsection (c)(4), by striking ``Under
Secretary of Defense for Acquisition and Sustainment''
and inserting ``Secretary''.
(4) Clerical amendments.--
(A) Chapter 4.--The table of sections at the
beginning of chapter 4 of title 10, United States Code,
is amended by striking the item relating to section
146.
(B) Chapter 8.--The table of sections at the
beginning of subtitle I of chapter 8 of such title is
amended by inserting after the item relating to section
197 the following new item:
``198. Office of Local Defense Community Cooperation.''.
(b) Limitation on Involuntary Separation of Personnel.--No
personnel of the Office of Local Defense Community Cooperation under
section 198 of title 10, United States Code (as added by subsection
(a)), may be involuntarily separated from service with that Office
during the one-year period beginning on the date of the enactment of
this Act, except for cause.
(c) Administration of Programs.--Any program, project, or other
activity administered by the Office of Economic Adjustment of the
Department of Defense as of the date of the enactment of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) shall be administered by the Office of Local
Defense Community Cooperation under section 198 of title 10, United
States Code (as added by subsection (a)).
(d) Conforming Repeal.--Section 905 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is repealed.
SEC. 912. USE OF COMBATANT COMMANDER INITIATIVE FUND FOR CERTAIN
ENVIRONMENTAL MATTERS.
(a) Authorized Activities.--Subsection (b) of section 166a of title
10, United States Code, is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Resilience of military installations, ranges, and key
supporting civilian infrastructure to extreme weather events
and other changing environmental conditions.''.
(b) Conforming Amendment.--Subsection (c)(1) of such section is
amended by striking ``and sustainability'' and all that follows and
inserting the following: ``sustainability, and resilience of the forces
assigned to the commander requesting the funds or of infrastructure
supporting such forces;''.
SEC. 913. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL IN SPECIAL
OPERATIONS ACTIVITIES.
Section 167(k) of title 10, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Explosive ordnance disposal.''.
SEC. 914. COORDINATION OF CERTAIN NAVAL ACTIVITIES WITH THE SPACE
FORCE.
Section 8062(d) of title 10, United States Code, is amended by
inserting ``the Space Force,'' after ``the Air Force,''.
SEC. 915. SPACE FORCE ORGANIZATIONAL MATTERS AND MODIFICATION OF
CERTAIN SPACE-RELATED ACQUISITION AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress established the Space Force to improve the
acquisition of resilient satellite and ground system
architectures, encourage personnel retention, and emphasize the
need to organize, train, and equip for a potential future
conflict in the space domain;
(2) as the Space Force continues efforts to become fully
operational, it should remain committed to building a ``lean,
agile, and fast'' organization, as the Chief of Space
Operations, General John W. Raymond, has often stated; and
(3) in areas in which legislative action is needed,
including with respect to organizational structure and
personnel requirements, the Secretary of the Air Force and the
Chief of Space Operations should maintain consistent
communication with Congress to ensure that the founding
principle behind the establishment of the Space Force--to build
a small organization responsive to a rapidly changing domain--
is upheld.
(b) Implementation Date for Service Acquisition Executive of the
Department of the Air Force for Space Systems and Program.--
(1) Implementation date.--Section 957 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 9016 note) is amended--
(A) in subsection (a), by striking ``Effective
October 1, 2022, there shall be'' and inserting
``Effective on the date specified in subsection (d),
there shall be'';
(B) in subsection (b)--
(i) in paragraph (1), by striking
``Effective as of October 1, 2022,'' and
inserting ``Effective as of the date specified
in subsection (d)''; and
(ii) in paragraph (2), by striking ``as of
October 1, 2022,'' and inserting ``as of the
date specified in subsection (d)'';
(C) in subsection (c)(3), by striking ``October 1,
2022'' and inserting ``the date specified in subsection
(d)''; and
(D) by adding at the end the following new
subsection:
``(d) Date Specified.--The date specified in this subsection is a
date determined by the Secretary of the Air Force that is not later
than October 1, 2022.''.
(2) Conforming amendments.--
(A) Transfer of acquisition projects for space
systems and programs.--Section 956(b)(3) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 9016 note) is amended--
(i) by striking ``Effective October 1,
2022,'' and inserting ``Effective on the date
specified in section 957(d),''; and
(ii) by striking ``as of September 30,
2022'' and inserting ``as of the day before the
date specified in section 957(d)''.
(B) Responsibilities of assistant secretary of the
air force for space acquisition and integration.--
Section 9016(b)(6)(B)(vi) of title 10, United States
Code, is amended by striking ``Effective as of October
1, 2022, in accordance with section 957 of that Act,''
and inserting ``Effective as of the date specified in
section 957(d) of such Act, and in accordance with such
section 957,''.
(c) Senior Procurement Executive Authorities.--
(1) Office of the secretary of the air force.--Section
9014(c) of title 10, United States Code, is amended--
(A) in paragraph (2), by striking ``The Secretary
of the Air Force shall'' and inserting ``Subject to
paragraph (6), the Secretary of the Air Force shall'';
and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) Notwithstanding section 1702 of title 41, the Secretary of
the Air Force may assign to the Assistant Secretary of the Air Force
for Space Acquisition and Integration duties and authorities of the
senior procurement executive that pertain to space systems and
programs.''.
(2) Assistant secretaries of the air force.--Section
9016(b)(6)(B)(vi) of title 10, United States Code, as amended
by subsection (b)(2)(B) of this section, is further amended by
inserting ``and discharge any senior procurement executive
duties and authorities assigned by the Secretary of the Air
Force pursuant to section 9014(c)(6) of this title'' after
``Space Systems and Programs''.
SEC. 916. REPORT ON ESTABLISHMENT OF OFFICE TO OVERSEE SANCTIONS WITH
RESPECT TO CHINESE MILITARY COMPANIES.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the feasibility of establishing an office
within the Department of Defense to oversee sanctions with respect to
Chinese military companies.
(b) Elements.--The report under subsection (a) shall include, at a
minimum, the following:
(1) An explanation of where in the organizational structure
of the Department such an office should be established.
(2) An assessment any benefits and drawbacks that may
result from--
(A) establishing such an office; and
(B) making oversight of sanctions with respect to
Chinese military companies an internal responsibility
of the Department.
(c) Chinese Military Company Defined.--In this section, the term
``Chinese military company'' has the meaning given that term in section
1260H(d) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 917. INDEPENDENT REVIEW OF AND REPORT ON THE UNIFIED COMMAND PLAN.
(a) Review Required.--
(1) In general.--The Secretary of Defense shall provide for
an independent review of the current Unified Command Plan.
(2) Elements.--The review required by paragraph (1) shall
include the following:
(A) An assessment of the most recent Unified
Command Plan with respect to--
(i) current and anticipated threats;
(ii) deployment and mobilization of the
Armed Forces; and
(iii) the most current versions of the
National Defense Strategy and Joint Warfighting
Concept.
(B) An evaluation of the missions,
responsibilities, and associated force structure of
each geographic and functional combatant command.
(C) An assessment of the feasibility of alternative
Unified Command Plan structures.
(D) Recommendations, if any, for alternative
Unified Command Plan structures.
(E) Recommendations, if any, for how combatant
command assessments of the capabilities and capacities
required to conduct the routine and contingency
operations assigned to such commands can more
effectively drive military service modernization and
procurement planning.
(F) Recommendations, if any, for modifications to
sections 161 through 169 of title 10, United States
Code.
(G) Any other matter the Secretary considers
appropriate.
(3) Conduct of review by independent entity.--
(A) In general.--The Secretary shall--
(i) select an entity described in
subparagraph (B) to conduct the review required
by paragraph (1); and
(ii) ensure that the review is conducted
independently of the Department of Defense.
(B) Entity described.--An entity described in this
subparagraph is--
(i) a federally funded research and
development center; or
(ii) an independent, nongovernmental
institute that--
(I) is described in section
501(c)(3) of the Internal Revenue Code
of 1986;
(II) is exempt from taxation under
section 501(c) of that Code; and
(III) has recognized credentials
and expertise in national security and
military affairs.
(b) Report to Congress.--
(1) In general.--Not later than October 1, 2022, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives the results of the
review conducted under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 918. EXPLOSIVE ORDNANCE DISPOSAL COMMAND.
(a) Transfer of Command and Redesignation.--The 20th Chemical,
Biological, Radiological, Nuclear and high-yield Explosives Command of
the Army is hereby--
(1) transferred to the Army Special Operations Command
within the United States Special Operations Command; and
(2) redesignated as the 1st Explosive Ordnance Disposal
Command (referred to in this section as the ``EOD Command'').
(b) Commander.--There is a Commander of the EOD Command. The
Commander shall be selected by the Secretary of the Army from among the
general officers of the Army who--
(1) hold a rank of major general or higher; and
(2) have professional qualifications relating to explosive
ordnance disposal.
(c) Duties.--The duties of the EOD Command shall be to carry out
explosive ordnance disposal activities in support of the Commander of
the United States Special Operations Command, combatant commanders, and
the heads of such other Federal departments and agencies as the
Secretary of Defense considers appropriate.
(d) Headquarters.--The headquarters of the EOD Command shall be
located at Fort Bragg, North Carolina.
(e) Additional Transfers.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Army shall transfer
from the Army Forces Command to the EOD Command--
(1) five Explosive Ordnance Disposal Groups; and
(2) one Sustainment Brigade.
(f) Timeline for Operational Capability.--The Secretary of the Army
shall ensure that the EOD Command--
(1) achieves early operational capability not later than 90
days after the date of the enactment of this Act; and
(2) achieves full operational capability not later than one
year after such date of enactment.
(g) Treatment as Special Operations Activity.--Consistent with the
transfer made under subsection (a)(1), the Secretary of the Army shall
treat explosive ordnance disposal as a special operations activity.
(h) Explosive Ordnance Disposal Activities Defined.--In this
section, the term ``explosive ordnance disposal activities'' means
activities relating to the detection, defeat, disposal, and analysis of
explosive ordnance, including--
(1) gaining access to anti-access and area-denial
munitions;
(2) preventing detonation signals via electromagnetic
spectrum;
(3) identifying manufactured and improvised explosive
ordnance, including nuclear, biological, and chemical ordnance;
(4) rendering-safe, recovering, exploiting, transporting,
and safely disposing of explosive ordnance; and
(5) gathering and analyzing technical intelligence with
respect to explosive ordnance.
Subtitle C--Space National Guard
SEC. 921. ESTABLISHMENT OF SPACE NATIONAL GUARD.
(a) Establishment.--
(1) In general.--There is established a Space National
Guard that is part of the organized militia of the several
States and Territories, Puerto Rico, and the District of
Columbia--
(A) in which the Space Force operates; and
(B) active and inactive.
(2) Reserve component.--There is established a Space
National Guard of the United States that is the reserve
component of the United States Space Force all of whose members
are members of the Space National Guard.
(b) Composition.--The Space National Guard shall be composed of the
Space National Guard forces of the several States and Territories,
Puerto Rico and the District of Columbia--
(1) in which the Space Force operates; and
(2) active and inactive.
SEC. 922. NO EFFECT ON MILITARY INSTALLATIONS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to authorize or require the relocation of any
facility, infrastructure, or military installation of the Space
National Guard or Air National Guard.
SEC. 923. IMPLEMENTATION OF SPACE NATIONAL GUARD.
(a) Requirement.--Except as specifically provided by this subtitle,
the Secretary of the Air Force and Chief of the National Guard Bureau
shall implement this subtitle, and the amendments made by this
subtitle, not later than 18 months after the date of the enactment of
this Act.
(b) Briefings.--Not later than 90 days after the date of the
enactment of this Act, and annually for the five subsequent years, the
Secretary of the Air Force, Chief of the Space Force and Chief of the
National Guard Bureau shall jointly provide to the congressional
defense committees a briefing on the status of the implementation of
the Space National Guard pursuant to this subtitle and the amendments
made by this subtitle. This briefing shall address the current
missions, operations and activities, personnel requirements and status,
and budget and funding requirements and status of the Space National
Guard, and such other matters with respect to the implementation and
operation of the Space National Guard as the Secretary and the Chiefs
jointly determine appropriate to keep Congress fully and currently
informed on the status of the implementation of the Space National
Guard.
SEC. 924. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES.
(a) Definitions.--
(1) Title 10, united states code.--Title 10, United States
Code, is amended--
(A) in section 101--
(i) in subsection (c)--
(I) by redesignating paragraphs (6)
and (7) as paragraphs (8) and (9),
respectively; and
(II) by inserting after paragraph
(5) the following new paragraphs:
``(6) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District Of Columbia, active and inactive,
that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(7) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''.
(B) in section 10101--
(i) in the matter preceding paragraph (1),
by inserting ``the following'' before the
colon; and
(ii) by adding at the end the following new
paragraph:
``(8) The Space National Guard of the United States.''; and
(2) Title 32, united states code.--Section 101 of title 32,
United States Code is amended--
(A) by redesignating paragraphs (8) through (19) as
paragraphs (10) and (21), respectively; and
(B) by inserting after paragraph (7) the following
new paragraphs:
``(8) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District Of Columbia, in which the Space
Force operates, active and inactive, that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(9) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''.
(b) Reserve Components.--Chapter 1003 of title 10, United States
Code, is amended--
(1) by adding at the end the following new sections:
``Sec. 10115. Space National Guard of the United States: composition
``The Space National Guard of the United States is the reserve
component of the Space Force that consists of--
``(1) federally recognized units and organizations of the
Space National Guard; and
``(2) members of the Space National Guard who are also
Reserves of the Space Force.
``Sec. 10116. Space National Guard: when a component of the Space Force
``The Space National Guard while in the service of the United
States is a component of the Space Force.
``Sec. 10117. Space National Guard of the United States: status when
not in Federal service
``When not on active duty, members of the Space National Guard of
the United States shall be administered, armed, equipped, and trained
in their status as members of the Space National Guard.''; and
(2) in the table of sections at the beginning of such
chapter, by adding at the end the following new items:
``10115. Space National Guard of the United States: composition.
``10116. Space National Guard: when a component of the Space Force.
``10117. Space National Guard of the United States: status when not in
Federal service.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2022 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$6,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 1003. BUDGET JUSTIFICATION FOR OPERATION AND MAINTENANCE.
(a) Subactivity Group by Future Years.--Section 233 of title 10,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Subactivity Groups.--The Secretary of Defense, in
consultation with the Secretary of each of the military departments,
shall include in the materials submitted to Congress by the Secretary
of Defense in support of the President's budget, in an unclassified
format, the total amount projected for each individual subactivity
group, as detailed in the future years defense program pursuant to
section 221 of this title.''.
(b) Budget Submission Display.--Section 233 of title 10, United
States Code, is further amended by inserting after subsection (c), as
added by subsection (a), the following new subsection:
``(d) Budget Display.--The Secretary of Defense, in consultation
with the Secretary of each of the military departments, shall include
in the O&M justification documents a budget display to provide for
discussion and evaluation of the resources required to meet material
readiness objectives, as identified in the metrics required by section
118 of this title. For each major weapon system, by designated mission
design series, variant, or class, the budget display required under
this subsection for the budget year shall include each of the
following:
``(1) The material availability objective established in
accordance with the requirements of section 118 of this title.
``(2) The funds obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year.
``(3) The funds estimated to be obligated by subactivity
group within the operation and maintenance accounts for the
fiscal year preceding the budget year.
``(4) The funds budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group.
``(5) A narrative discussing the performance of the
Department against established material readiness objectives
for each major weapon system by mission design series, variant,
or class (and any related supply chain risks) and any specific
actions or investments the Department intends to take to
achieve the material readiness objectives for each such
system.''.
(c) Implementation Deadline.--The Secretary of Defense shall ensure
that the budget display requirements required under the amendments made
by this section are included in the budget request for fiscal year 2023
and all fiscal years thereafter.
(d) Conforming Repeal.--Section 357 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 221 note) is repealed.
SEC. 1004. REVISION OF LIMITATION ON FUNDING FOR COMBATANT COMMANDS
THROUGH COMBATANT COMMANDER INITIATIVE FUND.
Section 166a(e)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``$20,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$250,000'' and inserting
``$300,000'';
(2) in subparagraph (B), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(3) in subparagraph (C), by striking ``$5,000,000'' and
inserting ``$10,000,000''.
Subtitle B--Naval Vessels
SEC. 1011. CRITICAL COMPONENTS OF NATIONAL SEA-BASED DETERRENCE
VESSELS.
Section 2218a(k)(3) of title 10, United States Code, is amended by
adding at the end the following new subparagraphs:
``(P) Major bulkheads and tanks.
``(Q) All major pumps and motors.
``(R) Large vertical array.
``(S) Atmosphere control equipment.
``(T) Diesel systems and components.
``(U) Hydraulic valves and components.
``(V) Bearings.
``(W) Major air and blow valves and components.
``(X) Decks and superstructure.
``(Y) Castings, forgings, and tank structure.
``(Z) Hatches and hull penetrators.''.
SEC. 1012. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE
INDUSTRIAL BASE.
(a) Technical Correction.--The second section 8692 of title 10,
United States Code, as added by section 1026 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is redesignated as section 8693 and the table of
sections at the beginning of chapter 863 of such title is conformed
accordingly.
(b) Modification of Report.--Such section is further amended--
(1) by striking ``Not later'' and inserting ``(a) In
General.--Not later'';
(2) in subsection (a), as so redesignated, by adding at the
end the following new paragraph:
``(7) An analysis of the potential benefits of multi-year
procurement contracting for the stability of the shipbuilding
defense industrial base.''; and
(3) by adding at the end the following new subsection:
``(b) Solicitation and Analysis of Information.--In order to carry
out subsection (a)(2), the Secretary of the Navy and Secretary of Labor
shall--
``(1) solicit information regarding the age demographics
and occupational experience level from the private shipyards of
the shipbuilding defense industrial base; and
``(2) analyze such information for findings relevant to
carrying out subsection (a)(2), including findings related to
the current and projected defense shipbuilding workforce,
current and projected labor needs, and the readiness of the
current and projected workforce to supply the proficiencies
analyzed in subsection (a)(1).''.
SEC. 1013. REVISION OF SUSTAINMENT KEY PERFORMANCE PARAMETERS FOR
SHIPBUILDING PROGRAMS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall update the policy
for the Joint Capabilities Integration and Development System to ensure
that the guidance for setting sustainment key performance parameters
for shipbuilding programs accounts for all factors that could affect
the operational availability and materiel availability of a ship. Such
changes shall include--
(1) changing the definition of ``operational availability''
as it applies to ships so that such definition applies
according to mission area and includes all equipment failures
that affect the ability of a ship to perform primary missions;
and
(2) changing the definition of ``materiel availability'' as
is it applies to ships so that such definition takes into
account all factors that could result in a ship being
unavailable for operations, including unplanned maintenance,
unplanned losses, and training.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
congressional defense committees a report on the plan of the Secretary
to--
(1) incorporate the sustainment key performance parameters
revised under subsection (a) into the requirement documents of
new and ongoing shipbuilding programs; and
(2) establish a process for translating such sustainment
key performance parameters into specific contract requirements
for systems engineering and ship design.
(c) Comptroller General Review.--Not later than one year after the
Secretary of Defense submits the report required under subsection (b),
the Comptroller General of the United States shall submit to the
congressional defense committees an assessment of such report that
includes an evaluation of--
(1) the sustainment key performance parameters for
Department of Defense shipbuilding programs;
(2) how shipbuilding programs translate sustainment key
performance parameters into contract requirements for systems
engineering and ship design activities; and
(3) any other matter the Comptroller General determines
appropriate.
SEC. 1014. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF MARK VI PATROL
BOATS.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022 for the
Navy may be obligated or expended to retire, prepare to retire, or
place in storage any Mark VI patrol boat.
(b) Report.--Not later than February 15, 2022, the Secretary of the
Navy, in consultation with the Commandant of the Marine Corps, shall
submit to the congressional defense committees a report that includes
each of the following:
(1) The rationale for the retirement of existing Mark VI
patrol boats, including an operational analysis of the effect
of such retirements on the warfighting requirements of the
combatant commanders.
(2) A review of operating concepts for escorting high value
units without the Mark VI patrol boat.
(3) A description of the manner and concept of operations
in which the Marine Corps could use the Mark VI patrol boat to
support distributed maritime operations, advanced expeditionary
basing operations, and persistent presence near maritime choke
points and strategic littorals in the Indo-Pacific region.
(4) An assessment of the potential for modification, and
the associated costs, of the Mark VI patrol boat for the
inclusion of loitering munitions or anti-ship cruise missiles,
such as the Long Range Anti Ship Missile and the Naval Strike
Missile, particularly to support the concept of operations
described in paragraph (3).
(5) A description of resources required for the Marine
Corps to possess, man, train, and maintain the Mark VI patrol
boat in the performance of the concept of operations described
in paragraph (3) and modifications described in paragraph (4).
(6) At the discretion of the Commandant of the Marine
Corps, a plan for the Marine Corps to take possession of the
Mark VI patrol boat not later than September 30, 2022.
(7) Such other matters the Secretary determines
appropriate.
SEC. 1015. ASSESSMENT OF SECURITY OF GLOBAL MARITIME CHOKEPOINTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the security of global
maritime chokepoints from the threat of hostile kinetic attacks, cyber
disruptions, and other form of sabotage. The report shall include an
assessment of each of the following with respect to each global
maritime chokepoint covered by the report:
(1) The expected length of time and resources required for
operations to resume at the chokepoint in the event of attack,
sabotage, or other disruption of regular maritime operations.
(2) The security of any secondary chokepoint that could be
affected by a disruption at the global maritime chokepoint.
(3) Options to mitigate any vulnerabilities resulting from
a hostile kinetic attack, cyber disruption, or other form of
sabotage at the chokepoint.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(c) Global Maritime Chokepoint.--In this section, the term ``global
maritime chokepoint'' means any of the following:
(1) The Panama Canal.
(2) The Suez Canal.
(3) The Strait of Malacca.
(4) The Strait of Hormuz.
(5) The Bab el-Mandeb Strait.
(6) Any other chokepoint determined appropriate by the
Secretary.
SEC. 1016. ANNUAL REPORT ON SHIP MAINTENANCE.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8694. Annual report on ship maintenance
``(a) Report Required.--Not later than October 15 of each year, the
Secretary of the Navy shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report setting forth each
of the following:
``(1) A description of all ship maintenance planned for the
fiscal year during which the report is submitted, by hull.
``(2) The estimated cost of the maintenance described in
paragraph (1).
``(3) A summary of all ship maintenance conducted by the
Secretary during the previous fiscal year.
``(4) A detailed description of any ship maintenance that
was deferred during the previous fiscal year, including
specific reasons for the delay or cancellation of any
availability.
``(5) A detailed description of the effect of each of the
planned ship maintenance actions that were delayed or cancelled
during the previous fiscal year, including--
``(A) a summary of the effects on the costs and
schedule for each delay or cancellation; and
``(B) the accrued operational and fiscal cost of
all the deferments over the fiscal year.
``(b) Form of Report.-- Each report submitted under subsection (a)
shall submitted in unclassified form and made publicly available on an
appropriate internet website in a searchable format, but may contain a
classified annex.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new section:
``8694. Annual report on ship maintenance.''.
SEC. 1017. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA CLASS CRUISERS.
(a) Limitation on Availability of Funds.--Except as provided in
subsection (b), none of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Department
of Defense may be obligated or expended to retire, prepare to retire,
inactivate, or place in storage a cruiser.
(b) Exception.--Notwithstanding subsection (a), the funds referred
to in such subsection may be obligated or expended to retire any of the
following vessels:
(1) The USS Hue City (CG 66).
(2) The USS Vela Gulf (CG72).
(3) The USS Port Royal (CG 73).
(4) USS Anzio (CG 68).
SEC. 1018. CONGRESSIONAL NOTIFICATION OF PENDING RETIREMENTS OF NAVAL
VESSELS THAT ARE VIABLE CANDIDATES FOR ARTIFICIAL
REEFING.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should explore and solicit artificial reefing
opportunities with appropriate entities for any naval vessel planned
for retirement before initiating any plans to dispose of the vessel.
(b) Report.--Not later than 90 days before the retirement from the
Naval Vessel Register of any naval vessel that is a viable candidate
for artificial reefing, the Secretary of the Navy shall notify Congress
of the pending retirement of such vessel.
SEC. 1019. AWARD OF CONTRACTS FOR SHIP REPAIR WORK TO NON-HOMEPORT
SHIPYARDS TO MEET SURGE CAPACITY.
Section 8669a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) In order to meet surge capacity, the Secretary of the Navy
may solicit proposals from, and award contracts for ship repair to,
non-homeport shipyards that otherwise meet the requirements of the Navy
for ship repair work.''.
Subtitle C--Counterterrorism
SEC. 1021. INCLUSION IN COUNTERTERRORISM BRIEFINGS OF INFORMATION ON
USE OF MILITARY FORCE IN COLLECTIVE SELF-DEFENSE.
Section 485(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) A detailed overview of all instances of the use of
military force by Special Operations Forces under the notion of
the collective self-defense of foreign partners that includes,
for each such instance--
``(A) the date, location, and duration of the use
of military force;
``(B) an identification of any foreign forces
involved;
``(C) a description of the capabilities employed;
``(D) a description of the circumstances that led
to use of military force; and
``(E) the operational authorities or execute orders
for the instance.''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 271 note) is amended by
striking ``2022'' and inserting ``2024''.
SEC. 1023. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2022, to transfer, release, or assist in the transfer or
release of any individual detained in the custody or under the control
of the Department of Defense at United States Naval Station, Guantanamo
Bay, Cuba, to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
SEC. 1024. PUBLIC AVAILABILITY OF MILITARY COMMISSION PROCEEDINGS.
Section 949d(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military commission under
this chapter that is made open to the public, the military judge may
order arrangements for the availability of the proceeding to be watched
remotely by the public through the internet.''.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. NAVY COORDINATION WITH COAST GUARD ON AIRCRAFT, WEAPONS,
TACTICS, TECHNIQUE, ORGANIZATION, AND EQUIPMENT OF JOINT
CONCERN.
Section 8062(d) of title 10, United States Code, is amended by
inserting ``the Coast Guard,'' after ``the Air Force,''.
SEC. 1032. PROHIBITION ON USE OF NAVY, MARINE CORPS, AND SPACE FORCE AS
POSSE COMITATUS.
(a) In General.--Section 1385 of title 18, United States Code, is
amended--
(1) by striking ``or'' after ``Army'' and inserting ``, the
Navy, the Marine Corps,'';
(2) by inserting ``, or the Space Force'' after ``Air
Force''; and
(3) in the section heading, by striking ``Army and Air
Force'' and inserting ``Army, Navy, Marine Corps, Air Force,
and Space Force''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 67 of such title is amended by striking the item relating to
section 1385 and inserting the following new item:
``1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as
posse comitatus''.
SEC. 1033. PROGRAM TO IMPROVE RELATIONS BETWEEN MEMBERS OF THE ARMED
FORCES AND MILITARY COMMUNITIES.
(a) In General.--Chapter 23 of title 10, United States Code, is
amended by inserting after section 481a the following new section:
``Sec. 481b. Program to improve relations between members of the Armed
Forces and military communities
``(a) Survey.--(1) The Secretary of Defense, acting through the
Office of Diversity Management and Equal Opportunity, shall conduct a
biennial survey of covered individuals regarding relations between
covered individuals and covered communities.
``(2) The survey shall be conducted to solicit information from
covered individuals regarding the following:
``(A) Rank, age, racial, ethnic, and gender demographics of
the covered individuals.
``(B) Relationships of covered individuals with the covered
community. including support services and acceptance of the
military community.
``(C) Availability of housing, employment opportunities for
military spouses, health care, education, and other relevant
issues.
``(D) Initiatives of local government and community
organizations in addressing diversity, equity, and inclusion.
``(E) Physical safety while in a covered community but
outside the military installation located in such covered
community.
``(F) Any other matters designated by the Secretary of
Defense.
``(b) Additional Activities.--Additional activities under this
section may include the following:
``(1) Facilitating local listening sessions and information
exchanges.
``(2) Developing educational campaigns.
``(3) Supplementing existing local and national defense
community programs.
``(4) Sharing best practices and activities.
``(c) Coordination.--To support activities under this section, the
Secretary of Defense may coordinate with local governments or not-for-
profit organizations that represent covered individuals.
``(d) Report.--(1) Not later than September 30 of every other year,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
most recent survey under subsection (a).
``(2) Each report under paragraph (1) shall include--
``(A) with respect to each covered community--
``(i) the results of the survey required under
subsection (b); and
``(ii) activities conducted to address racial
inequity in the community;
``(B) aggregate results of the survey required under
subsection (b); and
``(C) best practices for creating positive relationships
between covered individuals and covered communities.
``(3) The Secretary of Defense shall--
``(A) designate ten geographically diverse military
installations for review in each survey;
``(B) make the results of each report under paragraph (1)
available on a publicly accessible website of the Department of
Defense; and
``(C) ensure that any data included with the report is made
available in a machine-readable format that is downloadable,
searchable, and sortable.
``(e) Definitions.--In this section:
``(1) The term `covered community' means a military
installation designated under subsection (e)(3)(A) and the area
within 10 miles of such military installation.
``(2) The term `covered individual' means any of the
following who lives in a covered community or works on a
military installation in a covered community:
``(A) A member of the armed forces.
``(B) A family member of an individual described in
subparagraph (A) or (B).
``(3) The term `military installation' has the meaning
given such term in section 2801 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
481a the following new item:
``481b. Program to improve relations between members of the Armed
Forces and military communities.''.
(c) Implementation.--The Secretary of Defense shall carry out the
first survey under section 481b(a) of such title, as added by
subsection (a), not later than one year after the date of the enactment
of this Act.
SEC. 1034. AUTHORITY TO PROVIDE SPACE AND SERVICES TO MILITARY WELFARE
SOCIETIES.
Section 2566 of title 10, United States Code is amended--
(1) in subsection (a), by striking ``of a military
department'' and inserting ``concerned''; and
(2) in subsection (b)(1), by adding at the end the
following new subparagraph:
``(D) The Coast Guard Mutual Assistance.''.
SEC. 1035. REQUIRED REVISION OF DEPARTMENT OF DEFENSE UNMANNED AIRCRAFT
SYSTEMS CATEGORIZATION.
(a) In General.--The Under Secretary of Defense for Acquisition and
Sustainment shall initiate a process to review and revise the system
used by the Department of Defense for categorizing unmanned aircraft
systems, as described in Joint Publication 3-30 titled ``Joint Air
Operations''.
(b) Required Elements for Revision.--In revising the
characteristics associated with any of the five categories of unmanned
aircraft systems in effect as of the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and Sustainment shall
consider the effect a revision would have on--
(1) the future capability and employment needs to support
current and emerging warfighting concepts;
(2) advanced systems and technologies available in the
current commercial marketplace;
(3) the rapid fielding of unmanned aircraft systems
technology; and
(4) the integration of unmanned aircraft systems into the
National Airspace System.
(c) Consultation Requirements.--In carrying out the review required
under subsection (a), the Under Secretary of Defense for Acquisition
and Sustainment shall consult with--
(1) the Secretaries of the Military Departments;
(2) the Chairman of the Joint Chiefs of Staff; and
(3) the Administrator of the Federal Aviation
Administration.
(d) Report Required.--Not later than March 1, 2022, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate a report
describing the results of the review initiated under subsection (a),
any revisions planned to the system used by the Department of Defense
for categorizing unmanned aircraft systems as a result of such review,
and a proposed implementation plan and timelines for such revisions.
SEC. 1036. LIMITATION ON FUNDING FOR INFORMATION OPERATIONS MATTERS.
Of the amounts authorized to be appropriated for fiscal year 2022
by section 301 for operation and maintenance and available for the
Office of the Secretary of Defense for the travel of persons as
specified in the table in section 4301--
(1) not more than 25 percent shall be available until the
date on which the report required by subsection (h)(1) of
section 1631 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is submitted to the
Committee on Armed Services of the Senate and the Committee on
Armed Services House of Representatives; and
(2) not more than 75 percent shall be available until the
date on which the strategy and posture review required by
subsection (g) of such section is submitted to such committees.
SEC. 1037. PROHIBITION ON PROVISION OF EQUIPMENT TO OTHER DEPARTMENTS
AND AGENCIES FOR PROTECTION OF CERTAIN FACILITIES AND
ASSETS FROM UNMANNED AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Department of
Defense, may be obligated or expended to acquire, loan, transfer, sell,
or otherwise provide equipment to a department or Federal agency for
use by such department or agency in exercising authorities or taking
actions pursuant to section 210G of the Homeland Security Act of 2002
(6 U.S.C. 124n).
SEC. 1038. LIMITATION ON USE OF FUNDS FOR UNITED STATES SPACE COMMAND
HEADQUARTERS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Department of
Defense may be obligated or expended to construct, plan, or design a
new headquarters building for United States Space Command until the
Inspector General of the Department of the Defense and the Comptroller
General of the United States complete site selection reviews for such
building.
SEC. 1039. LIMITATION ON CONTRACT AUTHORITY TO IMPROVE REPRESENTATION
IN CERTAIN MEDIA PROJECTS INVOLVING DEPARTMENT OF
DEFENSE.
(a) Limitation on Contract Authority.--Neither the Secretary of
Defense, nor any Secretary of a military department, may enter into a
covered contract for any film or publishing project for entertainment-
oriented media unless the covered contract includes a provision that
requires consideration of diversity in carrying out the project,
including consideration of the following:
(1) The composition of the community represented in the
project and whether such community is inclusive of historically
marginalized communities.
(2) The depiction of the community represented in the
project and whether or not the project advances any inaccurate
or harmful stereotypes as a result of such depiction.
(b) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for five years, the
Secretary of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report containing,
with respect to the year covered by the report, the following:
(1) The total number of projects for which the Secretary
provided assistance pursuant to a covered contract.
(2) A summary of the projects specified in paragraph (1).
(3) A summary of the communities represented in such
projects.
(4) A summary of the involvement of the Department of
Defense with respect to such projects.
(c) Definitions.--In this section:
(1) The term ``covered contract'' means a contract or
production assistance agreement entered into with a
nongovernmental entertainment-oriented media producer or
publisher.
(2) The term ``entertainment-oriented media'' includes
books and other forms of print media that are entertainment-
oriented.
(3) The term ``marginalized community'' means a community
of individuals that is, or historically was, under-represented
in the industry of film, television, or publishing, including--
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities; and
(D) members of the LGBTQ communities.
(4) The term ``military department'' has the meaning given
such term in section 101 of title 10, United States Code.
SEC. 1039A LIMITATION ON RETIREMENT OF LCM-8 LANDING CRAFT PLATFORM.
(a) Finding.--Congress finds that the LCM-8 served a vital function
in disaster response operations following Hurricane Maria.
(b) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2022 may be used to retire the LCM-8 platform from service
in Puerto Rico.
SEC. 1039B. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF
SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (c)(2) by adding at the end of the
following new subparagraph--
``(D) The processes through which the Secretary
shall ensure that, prior to a decision to provide any
support to foreign forces, irregular forces, groups, or
individuals, full consideration is given to any
credible information relating to violations of human
rights by such entities.''.
(2) in subsection (d)(2)--
(A) in subparagraph (H), by inserting ``, including
the promotion of good governance and rule of law and
the protection of civilians and human rights'' before
the period at the end;
(B) in subparagraph (I)--
(i) by striking the period at the end and
inserting ``or violations of the Geneva
Conventions of 1949, including--''; and
(ii) by adding at the end the following new
clauses:
``(i) vetting units receiving such support
for violations of human rights;
``(ii) providing human rights training to
units receiving such support; and
``(iii) providing for the investigation of
allegations of violations of human rights and
termination of such support in cases of
credible information of such violations.''; and
(C) by adding at the end the following new
subparagraph:
``(J) A description of the human rights record of
the recipient, including for purposes of section 362 of
this title, and any relevant attempts by such recipient
to remedy such record.'';
(3) in subsection (i)(3) by adding at the end the following
new subparagraph:
``(I) An assessment of how support provided under
this section advances United States national security
priorities and aligns with other United States
Government efforts to address underlying risk factors
of terrorism and violent extremism.''; and
(4) by adding at the end the following new subsection:
``(j) Prohibition on Use of Funds.--(1) Except as provided in
paragraphs (2) and (3), no funds may be used to provide support to any
foreign forces, irregular forces, groups, or individuals if the
Secretary of Defense has credible information that the unit has
committed a gross violation of human rights.
``(2) The Secretary of Defense may waive the prohibition under
paragraph (1) if the Secretary determines that the waiver is required
by extraordinary circumstances.
``(3) The prohibition under paragraph (1) shall not apply with
respect to the foreign forces, irregular forces, groups, or individuals
of a country if the Secretary of Defense determines that--
``(A) the government of such country has taken all
necessary corrective steps; or
``(B) the support is necessary to assist in disaster relief
operations or other humanitarian or national security
emergencies.''.
SEC. 1039C. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH CERTAIN
STATUTORY REPORTING REQUIREMENTS.
(a) Limitation.--Of the funds authorized to be appropriated or
otherwise made available for fiscal year 2022 for the Office of the
Secretary of Defense for travel expenses, not more than 90 percent may
be obligated or expended before the date on which all of the following
reports are submitted to Congress and made publicly available:
(1) The report required under section 589F(c) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
(2) The report required under section 888 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
(b) Briefing Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on obstacles to compliance with
congressional mandated reporting requirements.
Subtitle E--Studies and Reports
SEC. 1041. CONGRESSIONAL OVERSIGHT OF ALTERNATIVE COMPENSATORY CONTROL
MEASURES.
Section 119a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Congressional Notification Requirements.--
``(1) Notice of initiation.--Not later than 30 days after
receiving notice of the establishment of any new program to be
managed under alternative compensatory control measures, the
Under Secretary of Defense for Policy shall submit to the
congressional defense committees notice of such new program.
Such notice shall include--
``(A) the unclassified nickname assigned to the
program;
``(B) the designation of the program sponsor;
``(C) a description of the essential information to
be protected under the program; and
``(D) the effective activation date and expected
duration of the program.
``(2) Notice of termination.--Not later than 30 days after
receiving notice of the termination of any program managed
under alternative compensatory control measures, the Under
Secretary of Defense for Policy shall submit to the
congressional defense committees notice of such termination.
``(3) Annual reports.--Not later than 30 days after
receiving an annual report on any program managed under
alternative compensatory control measures, the Under Secretary
of Defense for Policy shall submit to the congressional defense
committees a copy of the report.''.
SEC. 1042. COMPARATIVE TESTING REPORTS FOR CERTAIN AIRCRAFT.
(a) Modification of Limitation.--Section 134(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2037) is amended by striking ``the report under subsection
(e)(2)'' and inserting ``a report that includes the information
described in subsection (e)(2)(C)''.
(b) Comparative Testing Reports Required.--
(1) Report from director of operational test and
evaluation.--Not later than 45 days after the date of the
enactment of this Act, the Director of Operational Test and
Evaluation shall submit to the congressional defense committees
a report that includes the information described in section
134(e)(1)(B) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2038).
(2) Report from secretary of the air force.--Not later than
45 days after the date of the submission of the report under
paragraph (1), the Secretary of the Air Force shall submit to
the congressional defense committees a report that includes the
information described in section 134(e)(2)(C) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2038).
(3) Additional report from secretary of the air force.--Not
later than 45 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the
congressional defense committees a report on the progress made
toward the A-10 re-wing contracts and the progress made in re-
winging those A-10 aircraft that have not received new wings.
The report shall address the following:
(A) The status of contracts awarded, procured wing
kits, and completed installations.
(B) A list of locations scheduled to receive the
procured re-wing kits.
(C) A spend plan for procurement funding that was
appropriated in fiscal year 2021 and subsequent fiscal
years for A-10 re-wing kits.
SEC. 1043. EXTENSION OF REPORTING REQUIREMENT REGARDING ENHANCEMENT OF
INFORMATION SHARING AND COORDINATION OF MILITARY TRAINING
BETWEEN DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF
DEFENSE.
Section 1014 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
SEC. 1044. CONTINUATION OF CERTAIN DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS.
Section 1061 of the National Defense Authorization Act for Fiscal
Year 2017 (10 U.S.C. 111 note) is amended--
(1) in subsection (b)(2), by adding at the end the
following new subparagraphs:
``(E) The submission of the report required under
section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-5).
``(F) The submission of the report required under
section 2504 of title 10, United States Code.'';
(2) in subsection (c), by striking paragraph (47); and
(3) in subsection (i), by striking paragraph (30).
SEC. 1045. GEOGRAPHIC COMBATANT COMMAND RISK ASSESSMENT OF AIR FORCE
AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
MODERNIZATION PLAN.
(a) In General.--Not later than March 31, 2022, each commander of a
geographic combatant command shall submit to the congressional defense
committees a report containing an assessment of the level of
operational risk to that command posed by the plan of the Air Force to
modernize and restructure airborne intelligence, surveillance, and
reconnaissance capabilities to meet near-, mid-, and far-term
contingency and steady-state operational requirements against
adversaries in support of the objectives of the 2018 national defense
strategy.
(b) Plan Assessed.--The plan of the Air Force referred to in
subsection (a) is the plan required under section 142 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
(c) Assessment of Risk.--In assessing levels of operational risk
for purposes of subsection (a), a commander shall use the military risk
matrix of the Chairman of the Joint Chiefs of Staff, as described in
CJCS Instruction 3401.01E.
(d) Geographic Combatant Command.--In this section, the term
``geographic combatant command'' means each of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1046. BIENNIAL ASSESSMENTS OF AIR FORCE TEST CENTER.
Not later than 30 days after the date on which the President's
budget is submitted to Congress under section 1105(a) of title 31,
United States Code, for each of fiscal years 2023, 2025, and 2027, the
Secretary of the Air Force shall submit to the congressional defense
committees an assessment of the Air Force Test Center. Each such
assessment shall include, for the period covered by the assessment, a
description of--
(1) any challenges of the Air Force Test Center with
respect to completing its mission; and
(2) the plan of the Secretary to address such challenges.
SEC. 1047. COMPARATIVE STUDY ON .338 NORMA MAGNUM PLATFORM.
(a) Study Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Army shall complete a
comparative study on the .338 Norma Magnum platform.
(b) Elements.--The study required by subsection (a) shall include a
comparative analysis between the current M2 .50 caliber, the M240 7.62,
and the .338 Norma Magnum, focused on the metrics of lethality, weight,
cost, and modernity of the platforms.
SEC. 1048. COMPTROLLER GENERAL REPORT ON AGING DEPARTMENT OF DEFENSE
EQUIPMENT.
Not later than March 1, 2022, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on legacy platforms within the
Department of Defense and the projected relevance and resiliency of
such platforms to emerging threats over the next 50 years. Such report
shall include--
(1) the results of a survey of all services, agencies, and
entities within the Department of Defense, including hardware,
weapons systems, basing, and force structure;
(2) an emphasis on agility, technology, and an expanded
forward footprint; and
(3) recommendations with respect to future force structure
and investment.
SEC. 1049. REPORT ON ACQUISITION, DELIVERY, AND USE OF MOBILITY ASSETS
THAT ENABLE IMPLEMENTATION OF EXPEDITIONARY ADVANCED BASE
OPERATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes a detailed
description of each of the following:
(1) The doctrine, organization, training, materiel,
leadership and education, personnel, and facilities required to
operate and maintain a force of 24 to 35 Light Amphibious
Warships, as well as the feasibility of accelerating the
current Light Amphibius Warship procurement plan and delivery
schedule.
(2) The specific number, type, and mix of manned and
unmanned strategic mobility wing-in-ground effect platforms
required to support distributed maritime operations and
expeditionary advanced base operations.
(3) The feasibility of the Navy and Marine Littoral
Regiments using other joint and interagency mobility platforms
prior to the operational availability of Light Amphibious
Warships or wing-in-ground effect platforms, including--
(A) United States Army Transportation Command's
more than 100 LCU-2000, Runnymede-class and the eight
General Frank S. Besson-class logistics support
vessels;
(B) commercial vessel options, currently available,
that meet Marine Littoral Regiment requirements for
movement, maneuver, sustainment, training,
interoperability, and cargo capacity and delivery;
(C) maritime prepositioning force vessels; and
(D) Coast Guard vessels.
(4) The specific number, type, and mix of long range
unmanned surface vessel platforms required to support
distributed maritime operations, expeditionary advanced base
operations, along with their operational interaction with the
fleet's warfighting capabilities;
(5) The feasibility of integrating Marine Littoral
Regiments with--
(A) Special Operations activities;
(B) joint and interagency planning;
(C) information warfare operations; and
(D) command, control, communications, computer,
intelligence, surveillance and reconnaissance, and
security cooperation activities.
(6) The projected cost, and any additional resources
required, to accelerate the operational deployment of Marine
Littoral Regiments and deliver the capabilities described in
paragraphs (1) through (5) by not later than three years after
the date of the enactment of this Act.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in a publicly accessible, unclassified form, but may contain
a classified annex.
SEC. 1050. FORCE POSTURE IN THE INDO-PACIFIC REGION.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) forward deployed military forces, particularly those
west of the International Date Line, play an indispensable role
in deterring aggression in the Indo-Pacific and reassuring
allies;
(2) forward deployed forces facilitate greater day to day
presence in contested seas and airspace; and
(3) in light of growing threats, the Department of Defense
should forward deploy a larger share of its forces to the Indo-
Pacific over the next five years.
(b) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Commander of United States Indo-Pacific
Command shall submit to the congressional defense committees a report
containing the independent assessment of the Commander with respect to
each of the following:
(1) The number of bombers required to be continually
present in the Indo-Pacific region, the number of bombers
required outside Indo-Pacific region, and the number of tankers
necessary to support bomber refueling sorties in order to
execute the operational and contingency plans assigned to the
Commander of Indo-Pacific Command.
(2) The operational, deterrent, and strategic effect if the
required number of bombers were not present in the Indo-Pacific
region during a conflict scenario.
(3) Any additional infrastructure required in Guam or other
Indo-Pacific locations to support the operationally required
level of continuous bomber presence, along with the associated
cost.
(4) The value of storing long range anti-ship missiles,
joint air-to-surface standoff missile-extended range, and other
long range strike weapons in Guam and other locations in the
Indo-Pacific.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Commander of United
States Indo-Pacific Command shall submit to the congressional defense
committees a report that includes the following information:
(1) The number of freedom of navigation operations
conducted in the Indo-Pacific each year since 2013.
(2) The number of bombers continuously present in the Indo-
Pacific each year since 2013.
(3) The number of ships, bombers, fighters, Marines, and
brigade combat teams deployed to the Indo-Pacific region during
the eight-year period preceding the year in which the report is
submitted.
(4) The number of ships, bombers, fighters, Marines, and
brigade combat teams deployed to the Indo-Pacific region but
tasked to other combatant commands, including the number of
days each such tasking lasted, during the eight-year period
preceding the year in which the report is submitted.
SEC. 1051. ASSESSMENT OF UNITED STATES MILITARY INFRASTRUCTURE IN DIEGO
GARCIA, BRITISH INDIAN OCEAN TERRITORY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report containing the independent assessment of the
Secretary with respect to each of the following:
(1) The manner in which Diego Garcia, British Indian Ocean
Territory, could contribute to the execution of the operational
and contingency plans of the Department of Defense, as well as
the peacetime forward posture of the Department.
(2) The operational benefits of hardening facilities on
Diego Garcia, including the installation of an Integrated Air
and Missile Defense system.
(3) The operational benefits of storing munitions on Diego
Garcia.
(4) Potential tradeoffs and costs associated with hardening
facilities or prepositioning munitions on Diego Garcia.
(5) Any additional infrastructure required in Diego Garcia
to better support the requirements of the combatant commands.
(6) The potential to collaborate with the governments of
allies of the United States to invest in the military
infrastructure on Diego Garcia.
SEC. 1052. REPORT ON 2019 WORLD MILITARY GAMES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the participation of the United States in the 2019 World
Military Games. Such report shall include a detailed description of
each of the following:
(1) The number of United States athletes and staff who
attended the 2019 World Military Games and became ill with
COVID-19-like symptoms during or shortly upon their return to
the United States.
(2) The results of any blood testing conducted on athletes
and staff returning from the 2019 World Military Games,
including whether those blood samples were subsequently tested
for COVID-19.
(3) The number of home station Department of Defense
facilities of the athletes and staff who participated in the
2019 World Military Games that experienced outbreaks of
illnesses consistent with COVID-19 symptoms upon the return of
members of the Armed Forces from Wuhan, China.
(4) The number of Department of Defense facilities visited
by team members after returning from Wuhan, China, that
experienced COVID-19 outbreaks during the first quarter of
2020, including in relation to the share of other Department of
Defense facilities that experienced COVID-19 outbreaks through
March 31, 2020.
(5) Whether the Department tested members of the Armed
Forces who traveled to Wuhan, China, for the World Military
Games for COVID-19 antibodies, and what portion, if any, of
those results were positive, and when suchtesting was
conducted.
(6) Whether there are, or have been, any investigations,
including under the auspices of an Inspector General, across
the Department of Defense or the military departments into
possible connections between United States athletes who
traveled to Wuhan, China, and the outbreak of COVID-19.
(7) Whether the Department has engaged with the militaries
of allied or partner countries about illnesses surrounding the
2019 World Military Games, and if so, how many participating
militaries have indicated to the Department that their athletes
or staff may have contracted COVID-19-like symptoms during or
immediately after the Games.
(b) Form of Report.--The report required under this section shall
submitted in unclassified form and made publicly available on an
internet website in a searchable format, but may contain a classified
annex.
SEC. 1053. REPORTS AND BRIEFINGS REGARDING OVERSIGHT OF AFGHANISTAN.
(a) Reports.--Not later than December 31, 2021, and annually
thereafter until December 31, 2026, the Secretary of Defense, in
coordination with the Director of National Intelligence, shall submit
to the appropriate congressional committees a report on Afghanistan.
Such report shall address, with respect to Afghanistan, the following
matters:
(1) A current assessment of over the horizon capabilities
of the United States.
(2) Concept of force with respect to the over the horizon
force of the United States.
(3) The size of such over the horizon force.
(4) The location of such over the horizon force, to include
the current locations of the forces and any plans to adjust
such locations.
(5) The chain of command for such over the horizon force.
(6) The launch criteria for such over the horizon force.
(7) Any plans to expand or adjust such over the horizon
force capabilities in the future, to account for evolving
terrorist threats in Afghanistan.
(8) An assessment of the terrorist threat in Afghanistan.
(9) An assessment of the quantity and types of U.S.
military equipment remaining in Afghanistan, including an
indication of whether the Secretary plans to leave, recover, or
destroy such equipment.
(10) Contingency plans for the retrieval or hostage rescue
of United States citizens located in Afghanistan.
(11) Contingency plans related to the continued evacuation
of Afghans who hold special immigrant visa status under section
602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) or who have filed a petition for such status, following
the withdraw of the United States Armed Forces from
Afghanistan.
(12) A concept of logistics support to support the over the
horizon force of the United States, including all basing and
transportation plans.
(13) An assessment of changes in the ability of al-Qaeda
and ISIS-K to conduct operations outside of Afghanistan against
the United States and U.S. allies.
(14) An intelligence collection posture of over the horizon
intelligence assets, including with respect to ground and air
assets, and the effect of such assets on current operations.
(15) An intelligence collection posture on the Taliban
defense and security forces.
(16) An intelligence collection posture on the terrorism
capabilities of the Taliban, al-Qaeda, and ISIS-K.
(17) The status of any military cooperation between the
Taliban and China, Russia, or Iran.
(18) Any other matters the Secretary determines
appropriate.
(b) Briefings.--Not later than December 31, 2021, and on bi-annual
basis thereafter until December 31, 2026, the Secretary of Defense
shall provide to the appropriate congressional committees a briefing on
the matters specified in subsection (a).
(c) Form.--The reports and briefings under this section may be
submitted in either unclassified or classified form, as determined
appropriate by the Secretary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
SEC. 1054. REPORT AND BRIEFING ON UNITED STATES EQUIPMENT, PROPERTY,
AND CLASSIFIED MATERIAL THAT WAS DESTROYED, SURRENDERED,
AND ABANDONED IN THE WITHDRAWAL FROM AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments and the Commander of United
States Central Command, shall submit to the congressional defense
committees a report regarding the covered United States equipment,
property, classified material, and money in cash that was destroyed,
surrendered, or abandoned in Afghanistan during the covered period.
Such report shall include each of the following:
(1) A determination of the value of the covered United
States equipment, property, and classified material that was
destroyed, surrendered, or abandoned, disaggregated by military
department and itemized to the most specific feasible level.
(2) An itemized list of destroyed, surrendered, or
abandoned aircraft, aircraft parts and supply, and aircraft
maintenance items, including aircraft, aircraft parts and
supply, and aircraft maintenance items formerly possessed by
the Afghan Air Force or the former government of Afghanistan.
(3) An itemized list of destroyed, surrendered, or
abandoned fuel and fuel dispensing equipment, disaggregated by
military department.
(4) An itemized list of destroyed, surrendered, or
abandoned weapons, weapon systems, components of weapons or
weapon systems, ammunition, explosives, missiles, ordnance,
bombs, mines, or projectiles, disaggregated by military
department.
(5) For each item on a list referred to in paragraphs (2)
through (4), an explanation of the legal authority relied upon
to destroy, surrender, or abandon that specific item.
(6) An evaluation of the capabilities of the Taliban post-
withdrawal as a result of their seizure of surrendered or
abandoned covered United States equipment, property, and
classified material, including an evaluation of the
capabilities of the Taliban post-withdrawal to monetize through
the transfer of abandoned covered Unites States equipment,
property, and classified material to adversaries of the United
States.
(7) An assessment of the damage to the national security
interests of the United States as a result of the destroyed,
surrendered, or abandoned covered United States equipment,
property, and classified material.
(8) An assessment of the feasibility of disabling,
destroying, or recapturing surrendered or abandoned covered
United States equipment, property, or classified material.
(9) Available imagery or photography depicting the Taliban
possessing surrendered or abandoned covered United States
equipment, property, or classified material.
(b) Executive Summary of Report.--The report required under
subsection (a) shall include an executive summary of the report, which
shall be unclassified and made publicly available.
(c) Briefing.--Not later than 200 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretaries of the
military departments, and the Commander of United States Central
Command shall provide to the congressional defense committees a
briefing on the report required by this section.
(d) Definitions.--In this section:
(1) The term ``covered United States equipment, property,
and classified material'' means any of the following items
formerly owned by the Government of the United States or
provided by the United States to the former government or
military of Afghanistan during the covered period:
(A) Real property, including any lands, buildings,
structures, utilities systems, improvements, and
appurtenances, thereto, including equipment attached to
and made part of buildings and structures, but not
movable equipment.
(B) Personal property, including property of any
kind or any interest therein, except real property.
(C) Equipment, including all nonexpendable items
needed to outfit or equip an individual or
organization.
(D) Classified information, in any form, including
official information that has been determined to
require, in the interests of national security,
protection against unauthorized disclosure and which
has been so designated.
(2) The term ``covered period'' means the period beginning
on February 29, 2020, and ending on the date that is 120 days
after the date of the enactment of this Act.
SEC. 1055. REPORT ON DEFENSE UTILITY OF UNITED STATES TERRITORIES AND
POSSESSIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a to the
congressional defense committees a report that includes--
(1) a detailed description of the manner in which United
States territories and possessions in the Pacific could
contribute to the execution of the operational and contingency
plans of the Department of Defense, as well as the peacetime
forward posture of the Department;
(2) an assessment of the required resources associated with
environmental restoration and military construction on United
States territories and possessions in the Pacific in order to
facilitate the presence of United States military forces;
(3) a description of the additional logistical requirements
or considerations associated with the requirements of paragraph
(2); and
(4) any other matters the Secretary of Defense, in
coordination with the Commander of the United States Indo-
Pacific Command, considers appropriate.
(b) Form.--The report described in subsection (a) shall be
submitted in unclassified form that can be made available to the
public, but may include a classified annex.
SEC. 1056. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than February 15, 2023, the Secretary of
Homeland Security shall submit to Congress a report on the viability of
establishing an explosive ordnance disposal program in the Coast Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, the following:
(1) Organization of explosive ordnance disposal elements
within the Coast Guard, with discussion on whether the Coast
Guard explosive ordnance disposal capability belongs in the
Maritime Safety and Security Teams, the Maritime Security
Response Team, a combination of the Maritime Safety and
Security Teams and the Maritime Security Response Teams, or
elsewhere in the Coast Guard.
(2) A description of vehicles, that are Coast Guard
airframe and vessel transportable, required for explosive
ordnance disposal elements.
(3) A description of dive craft, that are Coast Guard
airframe and vessel transportable, required for explosive
ordnance disposal elements.
(4) Locations of Coast Guard stations that portable
explosives storage magazines will be available for explosive
ordnance disposal elements.
(5) Identify Coast Guard stations that will have pre-
positioned explosive ordnance disposal elements equipment.
(6) An explanation of how the Coast Guard explosive
ordnance disposal elements will support the Department of
Homeland Security and Department of Justice, and the Department
of Defense in war-time, on mission sets to counter improvised
explosive device, counter unexploded ordnance, and combat
weapons of destruction, including award of the Presidential
Service Badge and Certificate to explosive ordnance disposal-
qualified Coast Guardsman for protection of the President of
the United States, and how the Coast Guard explosive ordnance
disposal elements will support national security special
events.
(7) A cost to benefit analysis of using the Army, Marine
Corps, Navy, or Air Force Scuba Diver course prior to Coast
Guardsman attending the Navy conducted explosive ordnance
disposal course, and the required initial and annual
sustainment training seats for the diver course, the explosive
ordnance disposal course, and the parachutist course (through
the Army, Marine, Navy, and Air Force).
(8) An identification of the career progression of Coast
Guardsman from Seaman Recruit to that of Command Master Chief
Petty Officer, Chief Warrant Officer 2 to that of Chief Warrant
Officer 4, and Ensign to that of Rear Admiral.
(9) An identification of initial and annual budget
justification estimates on a single program element of the
Coast Guard explosive ordnance disposal program for each of--
(A) civilian and military pay with details on
military pay, including special and incentive pays such
as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty
pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay
at level special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian
clothing allowances;
(x) exception to policy allowing a third
hazardous duty pay for explosive ordnance
disposal-qualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and maintenance;
(F) military construction; and
(G) overseas contingency operations.
SEC. 1057. INDEPENDENT ASSESSMENT WITH RESPECT TO THE ARCTIC REGION.
(a) In General.--Not later than February 15, 2022, the Commander of
the United States Northern Command, in consultation and coordination
with United States European Command and United States Indo-Pacific
Command, the military services, and defense agencies, shall conduct an
independent assessment with respect to the activities and resources
required, for fiscal years 2023 through 2027, to achieve the following
objectives:
(1) The implementation of the National Defense Strategy and
military service-specific strategies with respect to the Arctic
region.
(2) The maintenance or restoration of the comparative
military advantage of the United States in response to great
power competitors in the Arctic region.
(3) The reduction of the risk of executing operation and
contingency plans of the Department of Defense.
(4) To maximize execution of Department operation and
contingency plans, in the event deterrence fails.
(b) Elements.--The assessment required by paragraph (1) shall
include the following:
(1) An analysis of, and recommended changes to achieve, the
required force structure and posture of assigned and allocated
forces within the Arctic region for fiscal year 2027 necessary
to achieve the objectives described in paragraph (1), which
shall be informed by--
(A) a review of United States military requirements
based on operation and contingency plans, capabilities
of potential adversaries, assessed gaps or shortfalls
of the joint force within the Arctic region, and
scenarios that consider--
(i) potential contingencies that commence
in the Arctic region and contingencies that
commence in other regions but affect the Arctic
region;
(ii) use of near-, mid-, and far-time
horizons to encompass the range of
circumstances required to test new concepts and
doctrine; and
(iii) supporting analyses that focus on the
number of regionally postured military units
and the quality of capability of such units;
(B) a review of current United States military
force posture and deployment plans within the Arctic
region, especially of Arctic-based forces that provide
support to, or receive support from, the United States
Northern Command, the United States Indo-Pacific
Command, or the United States European Command;
(C) an analysis of potential future realignments of
United States forces in the region, including options
for strengthening United States presence, access,
readiness, training, exercises, logistics, and pre-
positioning; and
(D) any other matter the Commander determines to be
appropriate.
(2) A discussion of any factor that may influence the
United States posture, supported by annual wargames and other
forms of research and analysis.
(3) An assessment of capabilities requirements to achieve
such objectives.
(4) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance needs
to achieve such objectives.
(5) An assessment and identification of required
infrastructure and military construction investments to achieve
such objectives.
(6) An assessment and recommended changes to the
leadership, organization, and management of Arctic policy,
strategy, and operations among the combatant commands and
military services.
(c) Report.--
(1) In general.--Not later than February 15, 2022, the
Commander of the United States Northern Command, in
consultation and coordination with United States European
Command and United States Indo-Pacific Command, shall submit to
the congressional defense committees a report on the assessment
required by paragraph (1).
(2) Form.--The report required by subparagraph (A) may be
submitted in classified form, but shall include an unclassified
summary.
(3) Availability.--Not later than February 15, 2022, the
Commander of United States Northern Command shall make the
report available to the Secretary of Defense, the Under
Secretary of Defense for Policy, the Under Secretary of Defense
(Comptroller), the Director of Cost Assessment and Program
Evaluation, the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, and the chiefs of
staff of each military service.
SEC. 1058. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT
ALLOCATION PLAN.
(a) In General.--Not later than October 31, 2022, and annually
thereafter through 2024, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and House of Representatives
a classified report and a classified briefing on the Global Force
Management Allocation Plan and its implementation.
(b) Report.--Each report required by subsection (a) shall include a
summary describing the Global Force Management Allocation Plan being
implemented as of October 1 of the year in which the report is
provided.
(c) Briefing.--Each briefing required by subsection (a) shall
include the following:
(1) A summary of the major modifications to global force
allocation made during the preceding fiscal year that deviated
from the Global Force Management Allocation Plan for that
fiscal year as a result of a shift in strategic priorities,
requests for forces, or other contingencies, and an explanation
for such modifications.
(2) A description of the major differences between the
Global Force Management Allocation Plan for the current fiscal
year and the Global Force Management Allocation Plan for the
preceding fiscal year.
(3) A description of any difference between the actual
global allocation of forces, as of October 1 of the year in
which the briefing is provided, and the forces stipulated in
the Global Force Management Allocation Plan being implemented
on that date.
SEC. 1059. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPERFUND
FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on active Superfund facilities where a hazardous
substance originated from Department of Defense activities occurring
between the beginning of World War I and the end of the Korean War.
Such report shall include a description of such Superfund facilities as
well as any actions, planned actions, communication with communities,
and cooperation with relevant agencies, including the Environmental
Protection Agency, carried out or planned to be carried out by the
Department of Defense.
(b) Superfund Facility.--In this section, the term ``Superfund
facility'' means a facility included on the National Priorities List
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
SEC. 1060. BRIEFING ON ELECTRIC AUTONOMOUS SHUTTLES ON MILITARY
INSTALLATIONS.
(a) Briefing Required.--Not later than March 1, 2022, the Secretary
of Defense, in coordination with the Secretaries of the military
departments, shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the current and
future plans of the Department of Defense for fielding electric
autonomous shuttles on military installations for the purpose of
transporting personnel and equipment in a safe, cost-efficient, and
sustainable manner.
(b) Elements.--The briefing under subsection (a) shall include
analysis of the following:
(1) The effectiveness of current or past demonstration
projects of electric autonomous shuttles on military
installations.
(2) The impact that reliable, energy-efficient shuttles
could have on quality of life, base operating costs, and
traffic patterns.
(3) How best to leverage existing commercially available
shuttles to satisfy this function.
(4) How and where the Department would best employ the
shuttles to maximize fixed route or on-demand autonomous
shuttle service for military installations serving the ``first
and last mile'' transportation needs of personnel and
logistical missions.
(5) What type of data could be gathered from the shuttles
to assist in the expansion of electric autonomous vehicle use
in other military contexts.
SEC. 1061. UPDATED REVIEW AND ENHANCEMENT OF EXISTING AUTHORITIES FOR
USING AIR FORCE AND AIR NATIONAL GUARD MODULAR AIRBORNE
FIRE-FIGHTING SYSTEMS AND OTHER DEPARTMENT OF DEFENSE
ASSETS TO FIGHT WILDFIRES.
Section 1058 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 31 U.S.C. 1535 note) is amended by
adding at the end the following new subsection:
``(g) Updated Review and Enhancement.--(1) Not later than 120 days
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2022, the Director shall submit to Congress a
report--
``(A) containing the results of a second review conducted
under subsection (a) and a second determination made under
subsection (b); and
``(B) based on such second determination, describing the
new modifications proposed to be made to existing authorities
under subsection (c) or (d), including whether there is a need
for legislative changes to further improve the procedures for
using Department of Defense assets to fight wildfires.
``(2) The new modifications described in paragraph (1)(B) shall not
take effect until the end of the 30-day period beginning on the date on
which the report is submitted to Congress under this subsection.''.
SEC. 1062. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Annual Report.--The Director of National Intelligence, in
coordination with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees an annual
report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the Department
of State for recruitment, fundraising, and the dissemination of
information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists.
(b) Appropriate Congressional Committees.--In this section, the
appropriate congressional committees are--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
SEC. 1063. REPORT ON DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY
PROGRAM.
Not later than one year after the date of the enactment of this
Act, the Director of the Defense Logistics Agency shall submit to the
congressional defense committees a report on the results of a study
conducted by the Director on the excess personal property program under
section 2576a of title 10, United States Code, and the administration
of such program by the Law Enforcement Support Office. Such study shall
include--
(1) an analysis of the degree to which personal property
transferred under such program has been distributed equitably
between larger, well-resourced municipalities and units of
government and smaller, less well-resourced municipalities and
units of government; and
(2) an identification of potential reforms to such program
to ensure that such property is transferred in a manner that
provides adequate opportunity for participation by smaller,
less well-resourced municipalities and units of government.
SEC. 1064. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE NARCOTICS
PRODUCTION AND TRAFFICKING AND AFFILIATED NETWORKS LINKED
TO THE REGIME OF BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the captagon trade linked to the regime of Bashar al-
Assad in Syria is a transnational security threat; and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle Assad-
linked narcotics production and trafficking networks.
(b) Report and Strategy Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, the
Secretary of State, the Secretary of the Treasury, the Administrator of
the Drug Enforcement Administration, the Director of National
Intelligence, and the heads of other appropriate Federal agencies shall
jointly submit to the appropriate congressional committees a report
containing a strategy to disrupt and dismantle narcotics production and
trafficking and affiliated networks linked to the regime of Bashar al-
Assad in Syria. Such strategy shall include each of the following:
(1) A strategy to target, disrupt and degrade networks that
directly and indirectly support the narcotics ?infrastructure
of the Assad regime, particularly through diplomatic and
intelligence support to law enforcement investigations.
(2) The use of sanctions authorities and associated actions
to target individuals and entities directly or indirectly
associated with the narcotics infrastructure of the Assad
regime.
(3) The use global diplomatic engagements associated with
the economic pressure campaign against the Assad regime to
target its narcotics infrastructure.
(4) Leveraging multilateral institutions and cooperation
with international partners to disrupt the narcotics
infrastructure of the Assad regime.
(5) Mobilizing a public communications campaign to increase
awareness of the extent of the connection of the Assad regime
to illicit narcotics trade.
(c) Form of Report.--The report required under subsection (b) shall
be submitted in an unclassified form, but may contain a classified
annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on the Judiciary, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Committee on Appropriations of the House of Representatives;
and
(3) the Committee on the Judiciary, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Appropriations of the Senate.
SEC. 1065. REPORT ON RECOVERY OPERATIONS OF 1952 C-119 FLYING BOXCAR,
CALL NAME ``GAMBLE CHALK 1''.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to Congress a report that
includes--
(1) a status update on the recovery operations of the 1952
C-119 Flying boxcar, call name ``Gamble Chalk 1'', crash at
Mount Silverthrone, Alaska;
(2) detailed plans for the recovery operation, the timeline
for such operation, a description of any past recovery
operations, and the rationale for any canceled or delayed
operations; and
(3) a summary of other Air Force operational losses that
occurred in Alaska in 1952 and have yet to be recovered.
SEC. 1065A. COST ANALYSIS REPORT ON CHANGES TO MILITARY PRIORITIES.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Defense shall submit to the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the Committee
on Foreign Relations of the Senate a report on--
(1) the estimated cost savings as a result of a full
drawdown of United States personnel and contractors from
Afghanistan, Iraq, and Syria compared with actual costs for
such personnel and contractors in fiscal year 2021; and
(2) the estimated cost of redirecting United States
personnel and materials, including increased budget authority
for ships, aircraft, nuclear weapons, major personnel, and
operational costs, to effectively engage in great power
competition with Russia and China to effectively curb and deter
Russia and China militarily in their respective regions.
SEC. 1065B. REPORT ON TALIBAN'S ILLEGAL DRUG TRADE.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State and Secretary of Homeland Security, shall submit to Congress a
report that includes--
(1) a plan to combat the Taliban's illegal drug trade;
(2) a description of the risk to the United States of drugs
emanating from such drug trade, including risks posed by the
profits of such drugs; and
(3) a description of any actions taken to interdict and
prevent such drugs from reaching the United States.
SEC. 1065C. REPORT ON USE OF CERTAIN FUNDING FOR COUNTER-NARCOTICS
MISSIONS IN CENTRAL ASIA.
Not later than March 1, 2022, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the use of funding made available pursuant
to section 333 of title 10, United States Code, for counter-narcotics
missions in Central Asia. The report shall include--
(1) the amount of funding made available pursuant to
section 333 of title 10, United States Code, that has been used
for counter-narcotics missions in Central Asia, specifically to
counter illicit trafficking operations emanating from
Afghanistan and Central Asia, during the five-year period
preceding the date of the enactment of this Act;
(2) the amount of funding made available pursuant to other
sources, including section 284 of title 10, United States Code,
that has been used to counter illicit trafficking operations
emanating from Afghanistan and Central Asia during the five-
year period preceding the date of the enactment of this Act;
and
(3) an assessment of whether funding made available
pursuant to section 333 of title 10, United States Code, can be
used to maintain, repair, and upgrade equipment previously
supplied by the United States to foreign law enforcement
agencies for counter-narcotics purposes on borders and at
international ports.
SEC. 1065D. REPORT ON STATUS OF CERTAIN AIRCRAFT AND EQUIPMENT MOVED
FROM AFGHANISTAN TO UZBEKISTAN, TAJIKISTAN, OR OTHER
FOREIGN COUNTRIES.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate congressional
committees a report containing a full account of any aircraft or
equipment of the United States Armed Forces or the Afghan National
Defense and Security Forces that has been transported from Afghanistan
to foreign countries outside of Afghanistan, including Uzbekistan and
Tajikistan, following the withdrawal of the United States Armed Forces
from Afghanistan on August 31, 2021. Such report should include a
description of the following:
(1) The quantity and types of any such aircraft or
equipment.
(2) The condition of any such aircraft or equipment.
(3) All efforts to secure such aircraft or equipment during
any periods in which the aircraft or equipment was out of the
custody of the United States Armed Forces or the Afghan
National Defense and Security Forces.
(4) All efforts to recover, secure, and return to the
United States (as applicable) any such aircraft or equipment.
(5) The identity of any entity that has had access to such
aircraft or equipment during or following the transport from
Afghanistan.
(6) Any security risks posed by the improper securing of
such aircraft or equipment.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1065E. STUDY AND REPORT ON RISKS POSED TO DEPARTMENT OF DEFENSE
INFRASTRUCTURE AND READINESS BY WILDFIRE.
(a) Study.--The Secretary of Defense, in coordination with the
Secretary of the Interior, the Secretary of Agriculture, and the Chief
of the United States Forest Service, shall conduct a study of the risks
posed to Department of Defense infrastructure and readiness by
wildfire, including interrupted training schedules, deployment of
personnel and assets for fire suppression, damage to training areas,
and environmental hazards such as unsafe air quality.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of the Interior, the Secretary of Agriculture, and the
Chief of the United States Forest Service, shall submit to Congress a
report on the findings of the study conducted under subsection (a).
SEC. 1065F. PUBLIC AVAILABILITY OF QUARTERLY SUMMARIES OF REPORTS.
(a) In General.--Section 122a of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Quarterly Summaries.--For each calendar quarter, the
Secretary of Defense shall make publicly available on an appropriate
internet website a summary of all reports submitted to Congress by the
Department of Defense for that quarter that are required to be
submitted by statute. Each such summary shall include, for each report
covered by the summary, the title of report, the date of delivery, and
the section of law under which such report is required.''.
(b) Applicability.--Subsection (c) of section 122a of title 10,
United States Code, as added by subsection (a), shall apply with
respect to a calendar quarter that begins after the date that is 180
days after the date of the enactment of this Act.
SEC. 1065G. REPORT ON FUNDS AUTHORIZED TO BE APPROPRIATED FOR OVERSEAS
CONTINGENCY OPERATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the obligation and expenditure of funds that were
authorized to be appropriated for overseas contingency operations for
fiscal year 2010 and fiscal year 2019.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1065H. AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT RESCUE
AIRCRAFT AND EQUIPMENT.
The Secretary of the Air Force shall submit to the congressional
defense committees a strategy for the Department of Air Force for the
acquisition of combat rescue aircraft and equipment that aligns with
the stated capability and capacity requirements of the Air Force to
meet the national defense strategy (required under section 113(g) of
title 10, United States Code) and Arctic Strategy of the Department of
the Air Force.
Subtitle F--District of Columbia National Guard Home Rule
SEC. 1066. SHORT TITLE.
This subtitle may be cited as the ``District of Columbia National
Guard Home Rule Act''.
SEC. 1067. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE
DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled
``An Act to provide for the organization of the militia of the District
of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49-
409, D.C. Official Code), is amended by striking ``President of the
United States'' and inserting ``Mayor of the District of Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C.
Official Code) is amended by striking ``President of the United
States'' each place it appears and inserting ``Mayor of the District of
Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a) of such
Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''; and
(B) by striking ``President.'' and inserting ``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is
amended by striking ``President'' and inserting ``Mayor of the District
of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is
amended by striking ``President of the United States'' and inserting
``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``to the Secretary of
the Army'' and all that follows through ``which board'' and
inserting ``to a board of examination appointed by the
Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting
``the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is
amended--
(A) by striking ``President of the United States'' each
place it appears and inserting ``Mayor of the District of
Columbia''; and
(B) by striking ``the President may retire'' and inserting
``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C.
Official Code) is amended by striking ``, or for the United States
Marshal'' and all that follows through ``shall thereupon order'' and
inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is
amended by striking ``the President'' and inserting ``the Mayor of the
District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec. 49-503,
D.C. Official Code) is amended by striking ``the President of the
United States'' and inserting ``the Mayor of the District of
Columbia''.
SEC. 1068. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Failure To Satisfactorily Perform Prescribed Training.--Section
10148(b) of title 10, United States Code, is amended by striking ``the
commanding general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia''.
(b) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of
such title is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the Mayor of the
District of Columbia''.
(d) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' both places it
appears and inserting ``the Mayor of the District of Columbia''.
(e) Consent for Active Duty or Relocation.--(1) Section 12301 of
such title is amended--
(A) in subsection (b), by striking ``commanding general of
the District of Columbia National Guard'' in the second
sentence and inserting ``Mayor of the District of Columbia'';
and
(B) in subsection (d), by striking the period at the end
and inserting the following: ``, or, in the case of the
District of Columbia National Guard, the Mayor of the District
of Columbia.''.
(2) Section 12406 of such title is amended by striking ``the
commanding general of the National Guard of the District of Columbia''
and inserting ``the Mayor of the District of Columbia''.
(f) Consent for Relocation of Units.--Section 18238 of such title
is amended by striking ``the commanding general of the National Guard
of the District of Columbia'' and inserting ``the Mayor of the District
of Columbia''.
SEC. 1069. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking ``(or commanding general in
the case of the District of Columbia)''.
(b) Drug Interdiction and Counter-Drug Activities.--Section
112(h)(2) of such title is amended by striking ``the Commanding General
of the National Guard of the District of Columbia'' and inserting ``the
Mayor of the District of Columbia''.
(c) Additional Assistance.--Section 113 of such title is amended by
adding at the end the following new subsection:
``(e) Inclusion of District of Columbia.--In this section, the term
`State' includes the District of Columbia.''.
(d) Appointment of Adjutant General.--Section 314 of such title is
amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking
``the commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia,''.
(e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such
title is amended by striking ``commanding general of the District of
Columbia National Guard'' and inserting ``the Mayor of the District of
Columbia''.
(f) Authority To Order To Perform Active Guard and Reserve Duty.--
(1) Authority.--Subsection (a) of section 328 of such title
is amended by striking ``the commanding general of the District
of Columbia National Guard'' and inserting ``the Mayor of the
District of Columbia''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 328. Active Guard and Reserve duty: authority of chief
executive''.
(B) Table of sections.--The table of sections at
the beginning of chapter 3 of such title is amended by
striking the item relating to section 328 and inserting
the following new item:
``328. Active Guard and Reserve duty: authority of chief executive.''.
(g) Personnel Matters.--Section 505 of such title is amended by
striking ``commanding general of the National Guard of the District of
Columbia'' in the first sentence and inserting ``Mayor of the District
of Columbia''.
(h) National Guard Challenge Program.--Section 509 of such title is
amended--
(1) in subsection (c)(1), by striking ``the commanding
general of the District of Columbia National Guard, under which
the Governor or the commanding general'' and inserting ``the
Mayor of the District of Columbia, under which the Governor or
the Mayor'';
(2) in subsection (g)(2), by striking ``the commanding
general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia'';
(3) in subsection (j), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''; and
(4) in subsection (k), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(i) Issuance of Supplies.--Section 702(a) of such title is amended
by striking ``commanding general of the National Guard of the District
of Columbia'' and inserting ``Mayor of the District of Columbia''.
(j) Appointment of Fiscal Officer.--Section 708(a) of such title is
amended by striking ``commanding general of the National Guard of the
District of Columbia'' and inserting ``Mayor of the District of
Columbia''.
SEC. 1070. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE
ACT.
Section 602(b) of the District of Columbia Home Rule Act (sec. 1-
206.02(b), D.C. Official Code) is amended by striking ``the National
Guard of the District of Columbia,''.
Subtitle G--Other Matters
SEC. 1071. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of part I of
subtitle A is amended by striking the item relating to the
second section 19 (relating to cyber matters).
(2) The table of sections at the beginning of chapter 2 is
amended by striking the item relating to section 118 and
inserting the following new item:
``118. Materiel readiness metrics and objectives for major weapon
systems.''.
(3) The second section 118a, as added by section 341 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283), is redesignated as
section 118b, and the table of sections at the beginning of
chapter 2 of such title is conformed accordingly.
(4) Section 138(b)(2)(A)(i) is amended by striking the
semicolon.
(5) Section 196(d) is amended by striking ``,,'' and
inserting ``,''.
(6) Section 231a(e)(2) is amended by striking ``include the
following,'' and inserting ``include''.
(7) Section 240b(b)(1)(B)(xiii) is amended by striking
``An'' and inserting ``A''.
(8) Section 240g(a)(3) is amended by striking ``; and'' and
inserting ``;''.
(9) Section 393(b)(2)(D) is amended by inserting a period
at the end.
(10) Section 483(f)(3) is amended by inserting ``this''
before ``title''.
(11) Section 651(a) is amended by inserting a comma after
``3806(d)(1))''.
(12) The table of sections at the beginning of chapter 39
is amended by adding a period at the end of the item relating
to section 691.
(13) Section 823(a)(2) (article 23(a)(2) of the Uniform
Code of Military Justice) is amended by inserting a comma after
``Army''.
(14) Section 856(b) (article 56(b) of the Uniform Code of
Military Justice) is amended by striking ``subsection (d) of
section 853a'' and inserting ``subsection (c) of section
853a''.
(15) Section 1044e(g) is amended by striking ``number of
Special Victims' Counsel'' and inserting ``number of Special
Victims' Counsels''.
(16) The table of sections at the beginning of chapter 54
is amended by striking the item relating to section 1065 and
inserting the following new item:
``1065. Use of commissary stores and MWR facilities: certain veterans,
caregivers for veterans, and Foreign
Service officers.''.
(17) Section 1463(a)(4) is amended by striking ``that
that'' and inserting ``that''.
(18) Section 1465(b)(2) is amended by striking ``the the''
and inserting ``the''.
(19) Section 1466(a) is amended, in the matter preceding
paragraph (1), by striking ``Coast guard'' and inserting
``Coast Guard''.
(20) Section 1554a(g)(2) is amended by striking ``..'' and
inserting ``.''.
(21) Section 1599h is amended--
(A) in subsection (a), by redesignating the second
paragraph (7) and paragraph (8) as paragraphs (8) and
(9), respectively; and
(B) in subsection (b)(1), by redesignating the
second subparagraph (G) and subparagraph (H) as
subparagraphs (H) and (I), respectively.
(22) Section 1705(a) is amended by striking ``a fund'' and
inserting ``an account''.
(23) Section 1722a(a) is amended by striking ``,,'' and
inserting ``,''.
(24) Section 1788a(e) is amended--
(A) in paragraph (3), by striking ``section
167(i)'' and inserting ``section 167(j)'';
(B) in paragraph (4), by striking ``covered
personnel'' and inserting ``covered individuals''; and
(C) in paragraph (5), in the matter preceding
subparagraph (A), by striking ```covered personnel'''
and inserting ```covered individuals'''.
(25) The table of chapters at the beginning of Part III of
subtitle A is amended, in the item relating to chapter 113, by
striking the period after ``2200g''.
(26) Section 2107(a) is amended by striking ``or Space
Force''.
(27) Section 2279b(b) is amended by redesignating the
second paragraph (11) as paragraph (12).
(28) Section 2321(f) is amended by striking ``the item''
both places it appears and inserting ``the commercial
product''.
(29) The second section 2350m (relating to Execution of
projects under the North Atlantic Treaty Organization Security
Investment Program), as added by section 2503 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) is redesignated as section 2350q
and the table of sections at the beginning of subchapter II of
chapter 138 is conformed accordingly.
(30) Section 2534(a) is amended--
(A) in paragraph (5), by striking ``principle'' and
inserting ``principal''; and
(B) in paragraph (3), by striking ``subsection
(j)'' and inserting ``subsection (k)''.
(31) Section 2891a(e)(1) is amended by striking ``the any''
and inserting ``the''.
(32) The table of sections at the beginning of chapter 871
is amended by striking the item relating to section 8749 and
inserting the following new item:
``8749. Civil service mariners of Military Sealift Command: release of
drug and alcohol test results to Coast
Guard.''.
(33) The second section 9084, as added by section 1601 of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), is transferred
to appear after section 9085 and redesignated as section 9086,
and the table of sections at the beginning of chapter 908 of
such title is conformed accordingly.
(34) Section 9132 (relating to Regular Air Force and
Regular Space Force: reenlistment after service as an officer)
is redesignated as section 9138.
(35) The section heading for section 9401 is amended to
read as follows:
``Sec. 9401. Members of Air Force and Space Force: detail as students,
observers, and investigators at educational institutions,
industrial plants, and hospitals''.
(36) The section heading for section 9402 is amended to
read as follows:
``Sec. 9402. Enlisted members of Air Force or Space Force: schools''.
(37) Section 9840 is amended in the second sentence by
striking ``He'' and inserting ``The officer''.
(b) NDAA for Fiscal Year 2021.--Effective as of January 1, 2021,
and as if included therein as enacted, section 1 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended--
(1) by inserting ``(a) In General.--'' before ``This Act'';
and
(2) by adding at the end the following:
``(b) References.--Any reference in this or any other Act to the
`National Defense Authorization Act for Fiscal Year 2021' shall be
deemed to be a reference to the `William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021'.''.
(c) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1072. ASSISTANT SECRETARY OF DEFENSE FOR INDO-PACIFIC SECURITY
AFFAIRS.
Section 138(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Indo-Pacific Security Affairs. The principal duties of
the Assistant Secretary shall be to--
``(A) act as principal advisor to the Under Secretary of
Defense for Policy and the Secretary of Defense on
international security strategy and policy on issues of
interest to the Department of Defense that relate to the
nations and international organizations of China, East Asia,
South and Southeast Asia, including governments and defense
establishments; and
``(B) provide oversight of security cooperation programs,
including foreign military sales, in the Indo-Pacific
region.''.
SEC. 1073. IMPROVEMENT OF TRANSPARENCY AND CONGRESSIONAL OVERSIGHT OF
CIVIL RESERVE AIR FLEET.
(a) Definitions.--
(1) Secretary.--Paragraph (10) of section 9511 of title 10,
United States Code, is amended to read as follows:
``(4) The term `Secretary' means the Secretary of
Defense.''.
(2) Conforming amendments.--Chapter 961 of title 10, United
States Code, as amended by paragraphs (1) and (2), is further
amended--
(A) in section 9511a by striking ``Secretary of
Defense'' each place it appears and inserting
``Secretary'';
(B) in section 9512(e), by striking ``Secretary of
Defense'' and inserting ``Secretary''; and
(C) in section 9515, by striking ``Secretary of
Defense'' each place it appears and inserting
``Secretary''.
(b) Annual Report on Civil Reserve Air Fleet.--Section 9516 of
title 10, United States Code, is amended--
(1) in subsection (d), by striking ``When the Secretary''
and inserting ``Subject to subsection (e), when the
Secretary'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Annual Report.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report that--
``(1) identifies each contract for airlift services awarded
in the preceding fiscal year to a provider that does not meet
the requirements set forth in subparagraphs (A) and (B) of
subsection (a)(1); and
``(2) for each such contract--
``(A) specifies the dollar value of the award; and
``(B) provides a detailed explanation of the
reasons for the award.''.
(c) Technical Amendments.--
(1) In general.--Chapter 961 of title 10, United States
Code, as amended by subsections (a) and (b), is further
amended--
(A) by redesignating sections 9511a and 9512 as
sections 9512 and 9513, respectively;
(B) in section 9511, by striking ``section 9512''
each place it appears and inserting ``section 9513'';
and
(C) in section 9514, by redesignating subsection
(g) as subsection (f).
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the items
relating to sections 9511a and 9512 and inserting the following
new items:
``9512. Civil Reserve Air Fleet contracts: payment rate.
``9513. Contracts for the inclusion or incorporation of defense
features.''.
(d) Charter Air Transportation of Members of the Armed Forces or
Cargo.--
(1) In general.--Section 2640 of title 10, United States
Code, is amended--
(A) in the section heading, by inserting ``or
cargo'' after ``armed forces'';
(B) in subsection (a)(1), by inserting ``or cargo''
after ``members of the armed forces'';
(C) in subsection (b), by inserting ``or cargo''
after ``members of the armed forces'';
(D) in subsection (d)(1), by inserting ``or cargo''
after ``members of the armed forces'';
(E) in subsection (e)--
(i) by inserting ``or cargo'' after
``members of the armed forces''; and
(ii) by inserting ``or cargo'' before the
period at the end;
(F) in subsection (f), by inserting ``or cargo''
after ``members of the armed forces''; and
(G) in subsection (j)(1), by inserting ```cargo,'''
after ```air transportation',''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 157 of title 10, United States Code, is
amended by striking the item relating to section 2640 and
inserting the following new item:
``2640. Charter air transportation of members of the armed forces or
cargo.''.
SEC. 1074. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES.
Section 10208 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) The Secretary shall, beginning in the first fiscal year
that begins after the date of the enactment of this subsection, and
every 5 years thereafter, as part of the major mobilization exercise
under subsection (a), include the processes of the Selective Service
System in preparation for a draft, and submit to Congress a report on
the results of this exercise. The report may be submitted in classified
form.
``(2) The exercise under this subsection--
``(A) shall include a review of national mobilization
strategic and operational concepts; and
``(B) shall include a simulation of a mobilization of all
armed forces and reserve units, with plans and processes for
incorporating Selective Service System inductees.''.
SEC. 1075. PROVIDING END-TO-END ELECTRONIC VOTING SERVICES FOR ABSENT
UNIFORMED SERVICES VOTERS IN LOCATIONS WITH LIMITED OR
IMMATURE POSTAL SERVICE.
(a) Plan.--
(1) Development.--In consultation with the Chief
Information Officer of the Department of Defense, the
Presidential designee under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.) shall develop a
plan for providing end-to-end electronic voting services
(including services for registering to vote, requesting an
electronic ballot, completing the ballot, and returning the
ballot) in participating States for absent uniformed services
voters under such Act who are deployed or mobilized to
locations with limited or immature postal service (as
determined by the Presidential designee).
(2) Specifications.--The Presidential designee shall
include in the plan developed under paragraph (1)--
(A) methods to ensure that voters have the
opportunity to verify that their ballots are received
and tabulated correctly by the appropriate State and
local election officials;
(B) methods to generate a verifiable and auditable
vote trail for the purposes of any recount or audit
conducted with respect to an election; and
(C) an assessment of whether commercially available
technologies may be used to carry out any of the
elements of the plan.
(3) Consultation with state and local election officials.--
The Presidential designee shall develop the plan under
paragraph (1) in consultation with appropriate State and local
election officials to ensure that the plan may be implemented
successfully in any State which agrees to participate in the
plan.
(4) Use of contractors.--To the extent the Presidential
designee determines to be appropriate, the Presidential
designee may include in the plan developed under paragraph (1)
provisions for the use of contractors to carry out any of the
elements of the plan.
(5) Submission.--Not later than one year after the date of
the enactment of this Act, the Presidential designee shall
submit the plan developed under paragraph (1) to the Committees
on Armed Services of the House of Representatives and Senate.
(b) Implementation.--If the Presidential designee determines it
feasible, the Presidential designee shall implement the plan developed
under subsection (a)--
(1) for a trial group of voters in participating States for
elections for Federal office held in 2024; and
(2) for all such voters in participating States for
elections for Federal office held in 2026 and any succeeding
year.
SEC. 1076. RESPONSIBILITIES FOR NATIONAL MOBILIZATION; PERSONNEL
REQUIREMENTS.
(a) Executive Agent for National Mobilization.--The Secretary of
Defense shall designate a senior official within the Office of the
Secretary of Defense as the Executive Agent for National Mobilization.
The Executive Agent for National Mobilization shall be responsible
for--
(1) developing, managing, and coordinating policy and plans
that address the full spectrum of military mobilization
readiness, including full mobilization of personnel from
volunteers to draftees in the event of a draft activation;
(2) providing Congress and the Selective Service System
with updated requirements and timelines for obtaining draft
inductees in the event of a national emergency requiring mass
mobilization and activation of the draft; and
(3) providing Congress with a plan, developed in
coordination with the Selective Service System, to induct large
numbers of volunteers who may respond to a national call for
volunteers during an emergency.
(b) Plan Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a plan for obtaining draft inductees as part of a mobilization
timeline for the Selective Service System. The plan shall include a
description of resources, locations, and capabilities of the Armed
Forces required to train, equip, and integrate drafted personnel into
the total force, addressing scenarios that would include 300,000,
600,000, and 1,000,000 new volunteer and drafted personnel. The plan
may be provided in classified form.
SEC. 1077. UPDATE OF JOINT PUBLICATION 3-68: NONCOMBATANT EVACUATION
OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) Noncombatant evacuation operations are conducted by the
Department of Defense to assist in evacuating citizens and
nationals of the United States, Defense Department civilian
personnel, and designated host nation persons whose lives are
in danger from locations in a foreign nation to an appropriate
safe haven when directed by the Department of State.
(2) Joint Publication 3-68: Noncombatant Evacuation
Operations has not been validated since November 14, 2017.
(b) Update of Publication.--Not later than March 1, 2022, the
Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-
68: Noncombatant Evacuation Operations.
SEC. 1078. TREATMENT OF OPERATIONAL DATA FROM AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) an immense amount of operational data and intelligence
has been developed over the past two decades of war in
Afghanistan; and
(2) this information is valuable and must be appropriately
retained.
(b) Operational Data.--The Secretary of Defense shall--
(1) archive and standardize operational data from
Afghanistan across the myriad of defense information systems;
and
(2) ensure the Afghanistan operational data is structured,
searchable, and usable across the joint force.
(c) Briefing.--Not later than March 4, 2022, the Under Secretary of
Defense for Intelligence and Security shall provide a briefing to the
Committee on Armed Services of the House of Representatives on how the
Department of Defense has removed, retained, and assured long-term
access to operational data from Afghanistan across each military
department and command. Such briefing shall address--
(1) the manner in which the Department of Defense is
standardizing and archiving intelligence and operational data
from Afghanistan across the myriad of defense information
systems; and
(2) the manner in which the Department is ensuring access
to Afghanistan operational data across the joint force.
SEC. 1079. DEFENSE RESOURCE BUDGETING AND ALLOCATION COMMISSION.
(a) Establishment.--There is established a commission, to be known
as the ``Defense Resource Budgeting and Allocation Commission''. The
purpose of the Commission is to develop a consensus on an effective and
strategic approach to Department of Defense resource budgeting and
allocation, including--
(1) by conducting an examination of the planning,
programming, budgeting, and execution methodology of the
Department; and
(2) by considering potential alternatives to such
methodology to maximize the ability of the Department to equip
itself in a timely manner to respond to current and emerging
threats.
(b) Membership.--
(1) Composition.--
(A) In general..--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Deputy Secretary of Defense.
(ii) The Director of Cost Assessment and
Program Evaluation for the Department of
Defense.
(iii) The Comptroller/Chief Financial
Officer for the Department of Defense.
(iv) The Deputy Director of the Office of
Management and Budget.
(v) Three members appointed by the majority
leader of the Senate, in consultation with the
Chairman of the Committee on Armed Services of
the Senate, one of whom shall be a member of
the Senate and two of whom shall not be.
(vi) Two members appointed by the minority
leader of the Senate, in consultation with the
Ranking Member of the Committee on Armed
Services of the Senate, one of whom shall be a
member of the Senate and one of whom shall not
be.
(vii) Three members appointed by the
Speaker of the House of Representatives, in
consultation with the Chairman of the Committee
on Armed Services of the House of
Representatives, one of whom shall be a member
of the House of Representatives and two of whom
shall not be.
(viii) Two members appointed by the
minority leader of the House of
Representatives, in consultation with the
ranking member of the Committee on Armed
Services of the House of Representatives, one
of whom shall be a Member of the House of
Representatives and one of whom shall not be.
(B) Expertise.--The members of the Commission who
are not members of Congress and who are appointed under
clauses (v) through (viii) of subparagraph (A) shall be
individuals who are nationally recognized for
expertise, knowledge, or experience in--
(i) planning, programming, budgeting, and
execution methodology;
(ii) budgeting methodologies and
innovation; or
(iii) the implementation or oversight of
Department of Defense budgeting.
(C) Conflicts of interest.--An official who
appoints members of the Commission may not appoint an
individual as a member of the Commission if such
individual possesses any personal or financial interest
in the discharge of any of the duties of the
Commission.
(D) Security clearances.--All members of the
Commission described in subparagraph (A) shall possess
an appropriate security clearance in accordance with
applicable provisions of law concerning the handling of
classified information.
(E) Diversity and inclusion.--Members of the
Commission appointed pursuant to subparagraph (A) shall
be appointed in a manner to ensure that, collectively,
the members of the Commission--
(i) have significant--
(I) professional and academic
experience in the planning,
programming, budgeting, and executions
system;
(II) resource allocation and
financial management expertise from the
private sector; and
(III) appropriations oversight
experience from the legislative branch
of the Government; and
(ii) represent the broadest possible
diversity based on gender, race, ethnicity,
disability status, veteran status, sexual
orientation, gender identity, national origin,
and other demographic categories.
(2) Co-chairs.--The Commission shall have two co-chairs,
selected from among the members of the Commission. One co-chair
of the Commission shall be a member of the Democratic Party,
and one co-chair shall be a member of the Republican Party. The
individuals who serve as the co-chairs of the Commission shall
be jointly agreed upon by the President, the majority leader of
the Senate, the minority leader of the Senate, the Speaker of
the House of Representatives, and the minority leader of the
House of Representatives.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(2) Initial meeting.--The Commission shall hold its initial
meeting on or before the date that is 60 days after the date of
the enactment of this Act.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the co-chairs of the Commission.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum for purposes of conducting business, except
that two members of the Commission shall constitute a quorum
for purposes of receiving testimony.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day that is 45 days after the date of the
enactment of this Act, a quorum shall consist of a majority of
the members of the Commission as of such day.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission voting
and present.
(2) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for purposes
of carrying out the duties of the Commission under this title.
The actions of any such panel shall be subject to the review
and control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is authorized
to take pursuant to this title.
(f) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach referred to in subsection (a).
(2) To weigh the costs and benefits of various strategic
options for the Department of Defense to budget and allocate
resources, including the planning, programming, budgeting, and
execution methodology in effect as of the date of the enactment
of this Act.
(3) To evaluate whether the strategic options described in
paragraph (2) are exclusive or complementary, the best means
for executing such options, and how the Department of Defense
should incorporate and implement such options within its
budgeting methodology and strategy.
(4) To review and make determinations on the difficult
choices present within such options, including how the
Department can budget at the speed of relevance to address
current and emerging threats while maintaining an appropriate
degree of oversight from Congress.
(5) To review adversarial budgeting methodologies and
strategies to understand if and how adversaries are able to
meet current and future threats more or less successfully than
the United States.
(6) To evaluate the effectiveness of the current resource
budgeting and allocation methodology to meet current and
emerging threats to the national security of the United States.
(7) In weighing the options for defending the United
States, to consider possible structures and authorities that
need to be established, revised, or augmented within the
Federal Government.
(g) Powers of Commission.--
(1) In general.--
(A) Hearings; subpoenas.--The Commission or, on the
authorization of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
the provisions of this section--
(i) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, and administer such
oaths; and
(ii) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and
the production of such books, records,
correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member considers
necessary.
(B) Service of subpoenas.--Subpoenas may be issued
under subparagraph (A)(ii) under the signature of the
co-chairs of the Commission, and may be served by any
person designated by such co-chairs.
(C) Failure of witnesses to appear.--The provisions
of sections 102 through 104 of the Revised Statutes of
the United States (2 U.S.C. 192-194) shall apply in the
case of any failure of a witness to comply with any
subpoena or to testify when summoned under authority of
this section.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Commission to discharge its
duties under this title.
(3) Information from federal agencies.--The Commission may
secure directly from any executive department, agency, bureau,
board, commission, office, independent establishment, or
instrumentality of the Government information, suggestions,
estimates, and statistics for the purposes of this title. Each
such department, agency, bureau, board, commission, office,
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request of the co-chairs of the Commission. The Commission
shall handle and protect all classified information provided to
it under this paragraph in accordance with applicable statutes
and regulations.
(4) Assistance from federal agencies.--
(A) The Secretary of Defense shall provide to the
Commission, on a nonreimbursable basis, such
administrative services, funds, staff, facilities, and
other support services as are necessary for the
performance of the Commission's duties under this
title.
(B) The Director of the Office of Management and
Budget may provide the Commission, on a nonreimbursable
basis, with such administrative services, staff, and
other support services as the Commission may request.
In addition to the assistance set forth in paragraphs
(1) and (2), other departments and agencies of the
United States may provide the Commission such services,
funds, facilities, staff, and other support as such
departments and agencies consider advisable and as may
be authorized by law.
(C) The Commission shall receive the full and
timely cooperation of any official, department, or
agency of the United States Government whose assistance
is necessary, as jointly determined by the co-chairs
selected under subsection (b)(2), or the fulfillment of
the duties of the Commission, including the provision
of full and current briefings and analyses.
(5) Postal services.--The Commission may use the United
States postal services in the same manner and under the same
conditions as the departments and agencies of the United
States.
(6) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(h) Staff of Commission.--
(1) In general.--
(A) Detailees.--Any Federal Government employee may
be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(B) Security clearance.--All staff of the
Commission shall possess a security clearance in
accordance with applicable laws and regulations
concerning the handling of classified information.
(2) Consultant services.--(A) The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of such
title.
(B) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title
5, United States Code, for each day during which that
member is engaged in the actual performance of the
duties of the Commission under this title.
(B) Officers or employees of united states.--
Members of the Commission who are officers or employees
of the United States or Members of Congress shall
receive no additional pay by reason of their service on
the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(j) Treatment of Information Relating to National Security.--
(1) In general.--The Secretary of Defense shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the Commission
under this title. Any information related to the national
security of the United States that is provided to the
Commission by the congressional armed services committees may
not be further provided or released without the approval of the
chairman of such committees.
(2) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (k)(2), only the
members and designated staff of the Committees on Armed
Services of the Senate and House of Representatives, the
Secretary of Defense (and the designees of the Secretary), and
such other officials of the executive branch as the President
may designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(k) Final Report; Termination.--
(1) Final report.--Not later than September 1, 2022, the
Commission shall submit to the Committees on Armed Services of
the Senate and House of Representatives, the Secretary of
Defense, and the Director of Office of Management and Budget a
final report containing the findings of the Commission.
(2) Termination.--
(A) In general.--The Commission, and all the
authorities of this section, shall terminate at the end
of the 120-day period beginning on the date on which
the final report under paragraph (1) is submitted to
the congressional armed services committees.
(B) Conclusion of activities.--The Commission may
use the 120-day period referred to in subparagraph (A)
for the purposes of concluding its activities,
including providing testimony to Congress concerning
the final report referred to in that paragraph and
disseminating the report.
(l) Assessments of Final Report.--Not later than 60 days after
receipt of the final report under subsection (k)(1), the Secretary of
Defense and the Director of the Office of Management and Budget shall
each submit to the Committees on Armed Service of the Senate and House
of Representatives an assessment by the Director or the Secretary, as
the case may be, of the final report. Each such assessment shall
include such comments on the findings and recommendations contained in
the final report, as the Director or Secretary, as the case may be,
considers appropriate.
SEC. 1080. COMMISSION ON AFGHANISTAN.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on Afghanistan'' (in this section referred to
as the ``Commission''). The purpose of the Commission is to examine the
war in Afghanistan and make recommendations regarding lessons learned.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12
members appointed as follows:
(A) Three members appointed by the chair of the
Committee on Armed Services of the House of
Representatives.
(B) Three members appointed by the ranking minority
member of the Committee on Armed Services of the House
of Representatives.
(C) Three members appointed by the chair of the
Committee on Armed Services of the Senate.
(D) Three members appointed by the ranking minority
member of the Committee on Armed Services of the
Senate.
(2) Chair; vice chair.--
(A) Chair.--The chair of the Committee on Armed
Services of the House of Representative and the chair
of the Committee on Armed Services of the Senate shall
jointly designate one member of the Commission to serve
as chair of the Commission.
(B) Vice chair.--The ranking minority member of the
Committee on Armed Services of the House of
Representative and the ranking minority member of the
Committee on Armed Services of the Senate shall jointly
designate one member of the Commission to serve as vice
chair of the Commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--The Commission shall examine the following
periods of the war in Afghanistan;
(A) Generally, the entirety of the war beginning
with Operation Enduring Freedom in 2001 under the Bush
administration.
(B) The period beginning in 2009 under the Obama
administration, when the United States deployed an
increased number of members of the Armed Forces to
Afghanistan, and ending when such members of the Armed
Forces were reduced in 2011.
(C) The period beginning in August 2019 and ending
in February 2020, covering the negotiation and
execution of the U.S. Government-Taliban agreement
during the Trump Administration.
(D) The period beginning in February 2020 and
ending in August 2021, with the completion of the
withdrawal of the Armed Forces from Afghanistan under
the Biden Administration.
(E) The period from 1996 to 2001, during which the
Taliban controlled the country, highlighting events or
the absence of certain key events that enabled
conditions on the ground in Afghanistan in 2001,
including efforts to support the Northern Alliance and
related resistance groups, opportunities to eliminate
terrorist leaders like Osama Bin Laden and others, and
opportunities to address terror threats emanating from
Afghanistan prior to 2001.
(2) Assessment and recommendations.--The Commission shall
conduct a comprehensive assessment of the war in Afghanistan
and make recommendations to inform future operations with
tactical and strategic lessons learned, including the impact of
troop increases and decreases and date-certain deadlines.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of the
Secretary of Defense in providing the Commission with analysis,
briefings, and other information necessary for the fulfillment
of its responsibilities.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as a
liaison officer between the Department and the Commission.
(e) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any Federal department or agency information, including,
consistent with the obligation to protect intelligence sources
and methods, information in the possession of the intelligence
community, that is necessary to enable it to carry out its
purposes and functions under this section. Upon request of the
chair of the Commission, the chair of any subcommittee created
by a majority of the Commission, or any member designated by a
majority of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(f) Report.--
(1) Final report.--Not later than August 31, 2022, and
consistent with the protection of intelligence sources and
methods, the Commission shall submit to the President, the
Secretary of Defense, and the appropriate congressional
committees a report on the Commission's findings, conclusions,
and recommendations. The report shall address each of the
following:
(A) The findings of the Commission with respect to
each of the periods referred to in subsection (c)(1).
(B) Intelligence and information upon which the
Bush, Obama, Trump, and Biden administrations made
planning decisions.
(C) The impact of the reduction in the number of
members of the Armed Forces deployed to Afghanistan in
2011.
(D) The assessments made for the security
conditions to create a viable peace agreement in 2019.
(E) The security conditions necessary to make such
agreement a reality.
(F) A detailed analysis of the security conditions
on the ground in Afghanistan during the entirety of the
war in Afghanistan.
(G) The circumstances under which the Biden
Administration withdrew the Armed Forces from
Afghanistan in 2021.
(H) The lessons learned from 20 years in
Afghanistan.
(I) The lessons learned from 20 years of equipping
and supporting the Afghan National Security Force.
(J) The impact of civilian harm and human rights
violations, including civilian casualties from
airstrikes, arbitrary detention, extrajudicial
killings, and the use of torture, on the security
situation in Afghanistan, the ability to equip and
train the Afghan National Security Force, and popular
perceptions of the Afghan National Government and the
Taliban, including an examination of the extent to
which such events contributed to the resurgence of the
Taliban.
(2) Interim briefing.--Not later than March 3, 2022, the
Commission shall provide to the appropriate congressional
committees a briefing on the status of its review and
assessment, and include a discussion of any interim
recommendations.
(3) Form.--The report submitted to Congress under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services of the House of
Representatives, and the Committee on Armed Services of
the Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(f) Funding.--Of the amounts authorized to be appropriated by to
this Act for the Department of Defense, $5,000,000 is available to fund
the activities of the Commission.
(g) Termination.--The Commission shall terminate 6 months after the
date on which it submits the report required by subsection (e).
SEC. 1081. TECHNOLOGY PILOT PROGRAM TO SUPPORT BALLOT TRANSMISSION FOR
ABSENT UNIFORMED SERVICES AND OVERSEAS VOTES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the individual designated as the Presidential designee
under section 101(a) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301(a)) shall, subject to the availability of
appropriations, establish and administer a technology pilot program
under section 589 of the Military and Overseas Voter Empowerment Act
(52 U.S.C. 20311) to provide grants to State and local jurisdictions
responsible for the administration of elections for Federal office for
use as described in subsection (b) to administer the general elections
for Federal office held in November 2022 and the general elections for
Federal office held in November 2024.
(b) Grant Uses.--A State or local jurisdiction responsible for the
administration of elections for Federal office may only use grant funds
provided under the program established under subsection (a) for the
implementation of technologies that support the ability to vote of
individuals entitled to vote in an election under the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.),
including technologies that--
(1) improve the security of ballot transmission, including
through the use of cloud-based and distributed ledger-based
solutions, to enable ballot transmission to meet existing
Federal cybersecurity guidelines; and
(2) allow grant recipients to measure and report on data
with respect to the use and effectiveness of technologies
tested under the program.
(c) Reporting Requirement.--Not later than 60 days after the date
of general elections in a State in which a State or local jurisdiction
responsible for the administration of Federal elections has received a
grant under the program for that election, the grant recipient shall
prepare and submit to the Presidential designee a report on the
effectiveness of the technologies tested under the program and
recommendations on the future use of such technologies.
(d) Restriction on Grants to State and Local Jurisdictions.--The
Presidential designee may not provide grants to a local jurisdiction
for an election specified in subsection (a) if the State entity
responsible for the administration of elections for Federal office in
such State has received a grant under the program for that election.
SEC. 1082. RECOGNITION OF THE MEMORIAL, MEMORIAL GARDEN, AND K9
MEMORIAL OF THE NATIONAL NAVY UDT-SEAL MUSEUM IN FORT
PIERCE, FLORIDA, AS THE OFFICIAL NATIONAL MEMORIAL,
MEMORIAL GARDEN, AND K9 MEMORIAL, RESPECTIVELY, OF NAVY
SEALS AND THEIR PREDECESSORS.
The Memorial, Memorial Garden, and K9 Memorial of the National Navy
UDT-SEAL Museum, located at 3300 North Highway A1A, North Hutchinson
Island, in Fort Pierce, Florida, are recognized as the official
national memorial, memorial garden, and K9 memorial, respectively, of
Navy SEALs and their predecessors.
SEC. 1083. SENSE OF CONGRESS ON THE LEGACY, CONTRIBUTIONS, AND
SACRIFICES OF AMERICAN INDIAN AND ALASKA NATIVES IN THE
ARMED FORCES.
(a) Findings.--Congress finds the following:
(1) The United States celebrates Native American History
Month each November to recognize and honor the history and
achievements of Native Americans.
(2) American Indian and Alaska Natives serve in all
branches of the Armed Forces, attend all service academies, and
defend our country with valiance, pride, and honor.
(3) More than 30,000 active duty, reserve, and National
Guard members of the Armed Forces identify as Native American.
(4) American Indian and Alaska Natives have served and
continue to serve in the highest proportions to population than
any other ethnic group.
(5) American Indian and Alaska Natives have served in every
war, from the Revolutionary War to current overseas conflicts.
(6) Native American veterans are Congressional Medal of
Honor, Congressional Gold and Silver Medals, Purple Heart, and
Bronze Star Medal recipients.
(7) American Indian and Alaska Native women serve in Armed
Forces in higher proportions than any other ethnic group.
(8) Native American Code Talkers and their languages proved
an invaluable asset during World Wars I and II.
(9) Ira Hayes, Akimel O'odham (Pima) helped to raise the
American flag on Iwo Jima;
(10) Dr. Joseph Medicine Crow, Apsaalooke (Crow), served in
WWII and became a war chief.
(11) Numerous present and past military aircraft,
helicopters, and munitions programs bear the names of Native
American tribes and tribal leaders to honor their legacy of
martial prowess, including the Apache, Kiowa, Black Hawk,
Lakota, Chinook, Huron, Iroquois, Comanche, Cayuse, Chickasaw,
Ute, Gray Eagle, Mescalero, Tomahawk, and more.
(12) Native American tribes commonly take part in
ceremonies alongside military units to bless new aircraft and
mark successful inception of new fleets.
(13) More than 140,000 veterans across the United States
identify as Native American.
(14) Each November, the Department of Defense honors the
unique and special relationship with tribal communities during
Native American Heritage Month.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) recognizes and honors the legacy and contributions of
American Indian and Alaska Natives and tribal communities to
the military of the United States; and
(2) commits 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.
SEC. 1084. NAME OF NAVAL MEDICAL CENTER CAMP LEJEUNE.
Naval Medical Center Camp Lejeune located on Marine Corps Base Camp
Lejeune, North Carolina, shall after the date of the enactment of this
Act be known and designated as the ``Walter B. Jones Naval Medical
Center''. Any reference to Naval Medical Center Camp Lejeune in any
law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Walter B. Jones
Naval Medical Center.
SEC. 1085. SENSE OF CONGRESS REGARDING NAMING A WARSHIP THE USS
FALLUJAH.
It is the sense of Congress that the Secretary of the Navy should
name a warship the ``USS Fallujah''.
SEC. 1086. NAME OF AIR FORCE UTAH TEST AND TRAINING RANGE.
The Air Force Utah Test and Training Range shall after the date of
the enactment of this Act be known and designated as the ``Bishop Utah
Test and Training Range''. Any reference to such test and training
range in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the Bishop
Utah Test and Training Range.
SEC. 1087. NAME OF AIR FORCE UTAH TEST AND TRAINING RANGE CONSOLIDATED
MISSION CONTROL CENTER.
The Air Force Utah Test and Training Range Consolidated Mission
Control Center shall after the date of the enactment of this Act be
known and designated as the ``Robert W. Bishop Utah Test and Training
Range Combined Mission Control Center''. Any reference to such combined
mission control center in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be a
reference to the Robert W. Bishop Utah Test and Training Range Combined
Mission Control Center.
SEC. 1088. SENSE OF CONGRESS REGARDING CRISIS AT THE SOUTHWEST BORDER.
(a) Findings.--Congress makes the following findings:
(1) There were 1,300,000 illegal crossings between January,
2021, and July, 2021, at the Southwest land border of the
United States.
(2) The 212,672 migrant encounters on the Southwest land
border in July 2021 was a 21-year high.
(3) Noncitizens with criminal convictions are routinely
encountered at ports of entry and between ports of entry on the
Southwest land border.
(4) Some of the inadmissible individuals encountered on the
southwest border are known or suspected terrorists.
(5) Transnational criminal organizations routinely move
illicit drugs, counterfeit products, and trafficked humans
across the Southwest land border.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the current level of illegal crossings and trafficking
on the Southwest border represents a national security threat;
(2) the Department of Defense has rightly contributed
personnel to aid the efforts of the United States Government to
address the crisis at the Southwest border;
(3) the National Guard and active duty members of the Armed
Forces are to be commended for their hard work and dedication
in their response to the crisis at the Southwest land border;
and
(4) border security is a matter of national security and
the failure to address the crisis at the Southwest border
introduces significant risk to the people of the United States.
SEC. 1089. IMPROVEMENTS AND CLARIFICATIONS RELATING TO UNAUTHORIZED USE
OF COMPUTERS OF DEPARTMENT OF DEFENSE.
The Secretary of Defense shall take such steps as may be necessary
to ensure that the electronic banner that appears on the screens of
computers of the Department of Defense upon access of such computers
(providing warnings related to access and use of U.S. Government
computers) is updated to include language prohibiting users from using
government email for an unauthorized purpose.
SEC. 1090. NATIONAL MUSEUM OF THE SURFACE NAVY.
(a) Findings.--Congress makes the following findings:
(1) The United States Surface Navy represents the millions
of sailors and thousands of ships that sail on oceans around
the world to ensure the safety and freedom of Americans and all
people.
(2) The Battleship IOWA is an iconic Surface Navy vessel
that--
(A) served as home to hundreds of thousands of
sailors from all 50 States; and
(B) is recognized as a transformational feat of
engineering and innovation.
(3) In 2012, the Navy donated the Battleship IOWA to the
Pacific Battleship Center, a nonprofit organization pursuant to
section 501(c)(3) of the Internal Revenue Code of 1986, after
which the Center established the Battleship IOWA Museum at the
Port of Los Angeles in Los Angeles, California.
(4) The Battleship IOWA Museum is a museum and educational
institution that--
(A) has welcomed millions of visitors from across
the United States and receives support from thousands
of Americans throughout the United States to preserve
the legacy of those who served on the Battleship IOWA
and all Surface Navy ships;
(B) is home to Los Angeles Fleet Week, which has
the highest public engagement of any Fleet Week in the
United States and raises awareness of the importance of
the Navy to defending the United States, maintaining
safe sea lanes, and providing humanitarian assistance;
(C) hosts numerous military activities, including
enlistments, re-enlistments, commissionings,
promotions, and community service days, with
participants from throughout the United States;
(D) is a leader in museum engagement with
innovative exhibits, diverse programming, and use of
technology;
(E) is an on-site training platform for Federal,
State, and local law enforcement personnel to use for a
variety of training exercises, including urban search
and rescue and maritime security exercises;
(F) is a partner with the Navy in carrying out
Defense Support of Civil Authorities efforts by
supporting training exercises and responses to crises,
including the COVID-19 pandemic;
(G) is a science, technology, engineering, and
mathematics education platform for thousands of
students each year;
(H) is an instrumental partner in the economic
development efforts along the Los Angeles waterfront by
attracting hundreds of thousands of visitors annually
and improving the quality of life for area residents;
and
(I) provides a safe place for--
(i) veteran engagement and reintegration
into the community through programs and
activities that provide a sense of belonging to
members of the Armed Forces and veterans; and
(ii) proud Americans to come together in
common purpose to highlight the importance of
service to community for the future of the
United States.
(5) In January 2019, the Pacific Battleship Center received
a license for the rights of the National Museum of the Surface
Navy from the Navy for the purpose of building such museum
aboard the Battleship IOWA at the Port of Los Angeles.
(6) The National Museum of the Surface Navy will--
(A) be the official museum to honor millions of
Americans who have proudly served and continue to serve
in the Surface Navy since the founding of the Navy on
October 13, 1775;
(B) be a community-based and future-oriented museum
that will raise awareness and educate the public on the
important role of the Surface Navy in ensuring
international relations, maintaining safe sea transit
for free trade, preventing piracy, providing
humanitarian assistance, and enhancing the role of the
United States throughout the world;
(C) build on successes of the Battleship IOWA
Museum by introducing new exhibits and programs with a
focus on education, veterans, and community;
(D) borrow and exhibit artifacts from the Navy and
other museums and individuals throughout the United
States; and
(E) work with individuals from the Surface Navy
community and the public to ensure that the story of
the Surface Navy community is accurately interpreted
and represented.
(b) Designation.--
(1) In general.--The Battleship IOWA Museum, located in Los
Angeles, California, and managed by the Pacific Battleship
Center, shall be designated as the ``National Museum of the
Surface Navy''.
(2) Purposes.--The purposes of the National Museum of the
Surface Navy shall be to--
(A) provide and support--
(i) a museum dedicated to the United States
Surface Navy community; and
(ii) a platform for education, community,
and veterans programs;
(B) preserve, maintain, and interpret artifacts,
documents, images, stories, and history collected by
the museum; and
(C) ensure that the American people understand the
importance of the Surface Navy in the continued
freedom, safety, and security of the United States.
SEC. 1091. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE BASE,
DELAWARE, HOME TO THE 436TH AIRLIFT WING, THE 512TH
AIRLIFT WING, AND THE CHARLES C. CARSON CENTER FOR
MORTUARY AFFAIRS.
(a) Findings.--Congress finds the following:
(1) The Dover Air Force Base is home to more than 4,000
active-duty military and civilian employees tasked with
defending the United States of America.
(2) The Dover Air Force Base supports the mission of the th
Airlift Wing, known as ``Eagle Wing'' and the 512th Airlift
Wing, known as ``Liberty Wing''.
(3) The ``Eagle Wing'' serves as a unit of the Eighteenth
Air Force headquartered with the Air Mobility Command at Scott
Air Force Base in Illinois.
(4) The ``Eagle Wing'' flies hundreds of missions
throughout the world, provides a quarter of the United States'
strategic airlift capability, and boasts a global reach to over
100 countries around the world.
(5) The Dover Air Force Base hosts incredible aircrews and
aircraft utilized by the United States Air Force, including the
C-5M Super Galaxy and C-17A Globemaster III aircraft.
(6) The recent Afghanistan airlift is testament to the
dedication and readiness of the Dover Air Force Base aircrews
and their aircraft.
(7) The Dover Air Force Base operates the largest and
busiest air freight terminal in the Department of Defense,
fulfilling an important role in our Nation's military.
(8) The Air Mobility Command Museum is located on the Dover
Air Force base and welcomes thousands of visitors each year to
learn more about the United States Air Force.
(9) The Charles C. Carson Center for Mortuary Affairs
fulfills our Nation's sacred commitment of ensuring dignity,
honor, and respect to the fallen and care service and support
to their families.
(10) The recent events in Afghanistan brought to the fore
of public awareness the work of the service members and staff
of the Center for Mortuary Affairs.
(11) While the recent tragedy that befell our heroes in
Afghanistan was the most recent dignified transfer, it is
important to not forget that the Center for Mortuary Affairs
has conducted over 8,150 dignified transfers since September
11, 2001.
(12) This sacred mission has been entrusted to Dover Air
Force Base since 1955 and the Center is currently the only
Department of Defense mortuary in the continental United
States.
(13) Service members who serve at the Center for Mortuary
Affairs are often so moved by their work that they voluntarily
elect to serve multiple tours because they feel called to serve
our fallen heroes.
(b) Sense of Congress.--It is the sense of the Congress that the
people of the United States should--
(1) honor and express sincerest gratitude to the women and
men of the Dover Air Force Base for their distinguished
service;
(2) acknowledge the incredible sacrifice and service of the
families of active-duty members of the United States military;
(3) keep in their thoughts and their prayers the women and
men of the United States Armed Forces; and
(4) recognize the incredibly unique and important work of
the Air Force Mortuary Affairs Operations and the role they
play in honoring our fallen heroes.
SEC. 1092. SENSE OF CONGRESS REGARDING THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias in the prosecution and convictions of the Port Chicago 50
following the deadliest home front disaster in World War II;
(2) the military records of each of the Port Chicago 50
should reflect such exoneration of any and all charges brought
against them in the aftermath of the explosion; and
(3) the Secretary of the Navy should upgrade the general
and summary discharges of each of the Port Chicago 50 sailors
to honorable discharges.
SEC. 1093. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE
FEDERAL GOVERNMENT.
Section 1091 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is amended--
(1) by striking subsection (c);
(2) in subsection (d)--
(A) in paragraph (1), by striking ``up to seven'';
and
(B) by amending paragraph (2) to read as follows:
``(2) Expiration of right of refusal.--A right of refusal
afforded the Secretary of Agriculture or the Secretary of
Homeland Security under paragraph (1) with regards to an
aircraft shall expire upon official notice of such Secretary to
the Secretary of Defense that such Secretary declines such
aircraft.'';
(3) in subsection (e)--
(A) in paragraph (1), by inserting ``, search and
rescue, or emergency operations pertaining to
wildfires'' after ``purposes''; and
(B) in paragraph (2), by inserting ``, search and
rescue, emergency operations pertaining to wildfires,''
after ``efforts'';
(4) by striking subsection (f); and
(5) by adding at the end the following new subsection:
``(h) Reporting.--Not later than November 1, 2022, and annually
thereafter, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
aircraft transferred, during the fiscal year preceding the date of such
report to--
``(1) the Secretary of Agriculture or the Secretary of
Homeland Security under this section;
``(2) the chief executive officer of a State under section
112 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81); or
``(3) the Secretary of the Air Force or the Secretary of
Agriculture under section 1098 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 881).''.
SEC. 1094. INDEPENDENT EPIDEMIOLOGICAL ANALYSIS OF HEALTH EFFECTS FROM
EXPOSURE TO DEPARTMENT OF DEFENSE ACTIVITIES IN VIEQUES.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine for the National Academies
of Sciences, Engineering, and Medicine to perform the services
covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) Studies.--
(1) In general.--Under an agreement between the Secretary
and the National Academies of Sciences, Engineering, and
Medicine under this section, the National Academies of
Sciences, Engineering, and Medicine shall carry out
epidemiological studies of the short-term, long-term, primary,
and secondary health effects caused or sufficiently correlated
to exposure to chemicals and radioactive materials from
activities of the Department of Defense in the communities of
concern, including any recommendations. In carrying out such
studies, the National Academies may incorporate the research
generated pursuant to funding opportunity number EPA-G2019-ORD-
A1.
(2) Elements.--The epidemiological studies carried out
under paragraph (1) and the recommendations developed under
such paragraph shall include the following:
(A) A list of known contaminants and their
locations that have been left by the Department of
Defense in the communities of concern.
(B) For each contaminant under subparagraph (A), an
epidemiological study that--
(i) estimates the disease burden of current
and past residents of Vieques, Puerto Rico,
from such contaminants;
(ii) incorporates historical estimates of
residents' groundwater exposure to contaminants
of concern that--
(I) predate the completion of the
water-supply pipeline in 1978;
(II) include exposure to
groundwater from Atlantic Weapons Fleet
Weapons Training Area ``Area of Concern
E'' and any other exposures that the
National Academies determine necessary;
(III) consider differences between
the aquifers of Vieques; and
(IV) consider the differences
between public and private wells, and
possible exposures from commercial or
agricultural uses; and
(iii) includes estimates of current
residents' exposure to chemicals and radiation
which may affect the groundwater, food, air, or
soil, that--
(I) include current residents'
groundwater exposure in the event of
the water-supply pipeline being
temporarily lost; and
(II) is based on the actual
practices of residents in Vieques
during times of duress, for example the
use of wells for fresh water following
Hurricane Maria.
(C) An identification of Military Munitions
Response Program sites that have not fully investigated
whether contaminants identified at other sites are
present or the degree of contamination present.
(D) The production of separate, peer-reviewed
quality research into adverse health outcomes,
including cancer, from exposure to drinking water
contaminated with methyl tert-butyl ether (MTBE).
(E) Any other factors the National Academies
determine necessary.
(c) Report.--
(1) In general.--Not later than two years after the date of
the execution of an agreement under subsection (a), the
National Academies of Sciences, Engineering, and Medicine
shall--
(A) submit to the appropriate congressional
committees a report on the findings of the National
Academies under subsection (b); and
(B) make available to the public on a publicly
accessible website a version of the report that is
suitable for public viewing.
(2) Form.--The report submitted under paragraph (1)(A)
shall be submitted in unclassified form.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) The term ``communities of concern'' means Naval Station
Roosevelt Roads and the former Atlantic Fleet Weapons Training
Area.
SEC. 1095. AVAILABILITY OF MODULAR SMALL ARMS RANGE FOR ARMY RESERVE IN
PUERTO RICO.
The Secretary of Army shall ensure that a modular small arms range
is made available for the Army Reserve in Puerto Rico.
SEC. 1096. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS WITH
RESPECT TO THE NUCLEAR SECURITY ENTERPRISE AND FORCE
STRUCTURE.
(a) Comptroller General Report.--
(1) Requirement.--Not later than December 1, 2021, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing cost
analyses with respect to each of the following:
(A) Options for reducing the nuclear security
enterprise (as defined by section 4002 of the Atomic
Energy Defense Act (50 U.S.C. 2501)).
(B) Options for reductions in service contracts.
(C) Options for rebalancing force structure,
including reductions in special operations forces, the
ancillary effects of such options, and the impacts of
changing the force mix between active and reserve
components.
(D) Options for reducing or realigning overseas
military presence.
(E) Options for the use of pre-award audits to
negotiate better prices for weapon systems and
services.
(F) Options for replacing some military personnel
with civilian employees.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex with respect to the matters specified in subparagraphs
(A) and (C) of such paragraph.
(b) FFRDC Studies.--
(1) Requirement.--The Secretary of Defense shall seek to
enter into agreements with federally funded research and
development centers to conduct the following studies:
(A) A study of the cost savings resulting from
changes in force structure, active and reserve
component balance, basing, and other impacts resulting
from potential challenges to foundational planning
assumptions.
(B) A study of the cost savings resulting from the
adoption of alternatives to the current nuclear
deterrence posture of the United States.
(C) A study of the cost savings of alternatives to
current force structures.
(2) Detail required.--The Secretary shall ensure that each
study under paragraph (1) has a level of detail sufficient to
allow the Director of the Congressional Budget Office to
analyze the costs described in such studies.
(3) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense committees
each study under paragraph (1).
(4) Form.--The studies under paragraph (1), and the report
under paragraph (3), shall be submitted in unclassified form,
but may contain a classified annex.
(c) Independent Study.--
(1) Requirement.--The Secretary shall seek to enter into an
agreement with an appropriate nonpartisan nongovernmental
entity to conduct a study on possible alternatives to the
current defense and deterrence posture of the United States,
including challenges to foundational assumptions, and the
impact of such postures on planning assumptions and
requirements, basing, and force structure requirements.
(2) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense committees
the study under paragraph (1).
SEC. 1097. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR FAMILIES IN
QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Technical Amendment.--
(1) In general.--The second section 118a of title 10,
United States Code (relating to the quadrennial quality of life
review) is redesignated as section 118b.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by striking the
item relating to the second section 118a and inserting the
following new item:
``118b. Quadrennial quality of life review.''.
(b) Inclusion in Review.--Subsection (c) of section 118b of title
10, United States Code, as redesignated under subsection (a), is
amended by adding at the end the following new paragraph:
``(15) Support services for Gold Star families.''.
SEC. 1098. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) the United States should annually observe Atomic
Veterans Day to recognize American military service members who
participated in nuclear tests between 1945 and 1962, served
with United States military forces in or around Hiroshima and
Nagasaki through mid-1946, or were held as prisoners of war in
or near Hiroshima or Nagasaki;
(2) the people of the United States should recognize and
remember the contributions of America's Atomic Veterans for
their sacrifice and dedication to our Nation's security, and
recommit themselves to supporting our Atomic Veterans and
educating themselves on the role these patriots played in our
national story; and
(3) President Reagan and President Biden took important
steps to recognize Atomic Veterans by proclaiming July 16,
1983, and July 16, 2021, respectively, as National Atomic
Veterans Day, reflective of the fact that July 16 is the
anniversary of Trinity, the world's first detonation of a
nuclear device in Alamogordo, New Mexico on July 16, 1945.
(b) National Atomic Veterans Day.--Chapter 1 of title 36, United
States Code, is amended by adding at the end the following new section:
``Sec. 146. National Atomic Veterans Day
``The President shall issue each year a proclamation calling on the
people of the United States to--
``(1) observe such Atomic Veterans Day with appropriate
ceremonies and activities; and
``(2) remember and honor our Nation's Atomic Veterans whose
brave service and sacrifice played an important role in the
defense of our Nation.''.
(c) Clerical Amendment.--The analysis for chapter 1 of title 36,
United States Code, is amended by adding at the end the following new
item:
``146. National Atomic Veterans Day.''.
SEC. 1099. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR.
(a) Findings.--Congress finds the following:
(1) Since at least 2016, United States Government personnel
and their family members have reported anomalous health
incidents at diplomatic missions across the world and in the
United States, which are sometimes referred to as ``Havana
Syndrome''.
(2) Some of the anomalous health incidents have resulted in
unexplained brain injuries, which have had permanent, life-
altering effects that have disrupted lives and ended careers.
(3) A panel of experts convened by the Bureau of Medical
Services of the Department of State in July 2017 to review
triage assessments of medically evaluated personnel from the
United States Embassy in Havana came to a consensus that the
findings were most likely related to neurotrauma from a
nonnatural source.
(4) A 2020 report by the National Academy of Sciences found
that ``many of the distinctive and acute signs, symptoms, and
observations reported by [affected] employees are consistent
with the effects of directed, pulsed radio frequency (RF)
energy'' and that ``directed pulsed RF energy [...] appears to
be the most plausible mechanism in explaining these cases''.
(5) According to the National Academy of Sciences report,
``such a scenario raises grave concerns about a world with
disinhibited malevolent actors and new tools for causing harm
to others''.
(6) The number and locations of these suspected attacks
have expanded and, according to press reporting, there have
been more than 130 possible cases that have been reported by
United States personnel in Asia, in Europe, and in the Western
Hemisphere, including within the United States.
(7) The continuing and expanding scope of these suspected
attacks is impacting the security and morale of United States
personnel, especially those posted overseas.
(8) The Convention on the Prevention and Punishment of
Crimes against Internationally Protected Persons (including
diplomatic agents) to which 180 countries are a party, protects
diplomatic personnel from attacks on their persons,
accommodations, or means of transport, and requires all state
parties to punish and take measures to prevent such grave
crimes.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the threat to United States Government personnel from
suspected attacks presenting as anomalous health incidents is a
matter of urgent concern and deserving of the full attention of
government;
(2) personnel, dependents, and other appropriate
individuals suffering anomalous health incidents from these
suspected attacks deserve equitable, accessible, and high-
quality medical assessment and care, regardless of their
employing Government agency;
(3) diagnoses and determinations to treat personnel,
dependents, and other appropriate individuals experiencing
symptoms consistent with such injuries should be made by
experienced medical professionals and made available by the
Federal Government;
(4) any recriminations, retaliation, or punishment
associated with personnel self-reporting symptoms is
unacceptable and should be investigated by internal agency
oversight mechanisms;
(5) information sharing and interagency coordination is
essential for the comprehensive investigation, attribution, and
mitigation of these injuries;
(6) the Administration should provide Congress and the
public with timely and regular unclassified updates on the
threat posed to United States Government personnel by the
suspected causes of these injuries;
(7) recent efforts by the Administration and among relevant
agencies represent positive steps toward responding to the
threat of anomalous health incidents, but more comprehensive
measures must be taken to further assist victims, investigate
and determine the cause of the injuries of such victims, and
prevent future incidents;
(8) establishing the source and cause of these anomalous
health incidents must be a top priority for the United States
Government and requires the full coordination of relevant
agencies;
(9) if investigations determine that the anomalous health
incidents are the result of deliberate acts by individuals,
entities, or foreign countries, the United States Government
should recognize and respond to these incidents as hostile
attacks; and
(10) any actors found to have been targeting United States
Government personnel should be publicly identified, as
appropriate, and held accountable.
(c) Statement of Policy.--It is the policy of the United States--
(1) to detect, deter, and punish any clandestine attacks
that cause persistent injuries to United States personnel;
(2) to provide appropriate assistance to United States
personnel harmed by such attacks;
(3) to hold responsible any persons, entities, or
governments involved in ordering or carrying out such attacks,
including through appropriate sanctions, criminal prosecutions,
or other tools;
(4) to prioritize research into effective countermeasures
to help protect United States personnel from such attacks; and
(5) to convey to foreign governments through official
contact at the highest levels the gravity of United States
concern about such suspected attacks and the seriousness of
consequences that may follow for any actors found to be
involved.
(d) Anomalous Health Incidents Interagency Coordinator.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this section, the President shall designate--
(A) an appropriate senior official to be known as
the Anomalous Health Incidents Interagency Coordinator;
and
(B) an appropriate senior official in the White
House Office of Science and Technology Policy to be
known as the Deputy Anomalous Health Incidents
Interagency Coordinator.
(2) Duties.--The Interagency Coordinator shall work through
the President's designated National Security process--
(A) to coordinate the response of the United States
Government to anomalous health incidents;
(B) to coordinate among relevant agencies to ensure
equitable and timely access to assessment and care for
affected personnel, dependents, and other appropriate
individuals;
(C) to ensure adequate training and education for
United States Government personnel;
(D) to ensure that information regarding anomalous
health incidents is efficiently shared across relevant
agencies in a manner that provides appropriate
protections for classified, sensitive, and personal
information;
(E) to coordinate through the White House Office of
Science and Technology Policy, and across the science
and technology enterprise of the Government, the
technological and research efforts of the Government to
address suspected attacks presenting as anomalous
health incidents; and
(F) to develop policy options to prevent, mitigate,
and deter suspected attacks presenting as anomalous
health incidents.
(3) Designation of agency coordination leads.--
(A) In general.--The head of each relevant agency
shall designate a Senate-confirmed or other appropriate
senior official, who shall--
(i) serve as the Anomalous Health Incident
Agency Coordination Lead for the relevant
agency;
(ii) report directly to the head of the
relevant agency regarding activities carried
out under this section;
(iii) perform functions specific to the
relevant agency, consistent with the directives
of the Interagency Coordinator and the
established interagency process;
(iv) participate in interagency briefings
to Congress regarding the response of the
United States Government to anomalous health
incidents; and
(v) represent the relevant agency in
meetings convened by the Interagency
Coordinator.
(B) Delegation prohibited.--An Agency Coordination
Lead may not delegate the responsibilities described in
clauses (i) through (iii) of subparagraph (A).
(4) Secure reporting mechanisms.--Not later than 90 days
after the date of the enactment of this section, the
Interagency Coordinator shall--
(A) ensure that each relevant agency develops a
process to provide a secure mechanism for personnel,
their dependents, and other appropriate individuals to
self-report any suspected exposure that could be an
anomalous health incident;
(B) ensure that each relevant agency shares all
relevant data in a timely manner with the Office of the
Director of National Intelligence, and other relevant
agencies, through existing processes coordinated by the
Interagency Coordinator; and
(C) in establishing the mechanism described in
subparagraph (A), prioritize secure information
collection and handling processes to protect
classified, sensitive, and personal information.
(5) Briefings.--
(A) In general.--Not later than 60 days after the
date of the enactment of this section, and quarterly
thereafter for the following two years, the Interagency
Coordinator, the Deputy Coordinator, and the Agency
Coordination Leads shall jointly provide a briefing to
the appropriate national security committees regarding
progress in carrying out the duties under paragraph
(2), including the requirements under subparagraph (B).
(B) Elements.--The briefings required under
subparagraph (A) shall include--
(i) an update on the investigation into
anomalous health incidents impacting United
States Government personnel and their family
members, including technical causation and
suspected perpetrators;
(ii) an update on new or persistent
incidents;
(iii) threat prevention and mitigation
efforts to include personnel training;
(iv) changes to operating posture due to
anomalous health threats;
(v) an update on diagnosis and treatment
efforts for affected individuals, including
patient numbers and wait times to access care;
(vi) efforts to improve and encourage
reporting of incidents;
(vii) detailed roles and responsibilities
of Agency Coordination Leads;
(viii) information regarding additional
authorities or resources needed to support the
interagency response; and
(ix) other matters that the Interagency
Coordinator or the Agency Coordination Leads
consider appropriate.
(C) Unclassified briefing summary.--The Agency
Coordination Leads shall provide a coordinated,
unclassified summary of the briefings to Congress,
which shall include as much information as practicable
without revealing classified information or information
that is likely to identify an individual.
(6) Retention of authority.--The appointment of the
Interagency Coordinator shall not deprive any Federal agency of
any authority to independently perform its authorized
functions.
(7) Rule of construction.--Nothing in this section may be
construed to limit--
(A) the President's authority under article II of
the United States Constitution; or
(B) the provision of health care and benefits to
afflicted individuals, consistent with existing laws.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State $5,000,000 for fiscal year 2022
to be used--
(1) to increase capacity and staffing for the Health
Incident Response Task Force of the Department of State;
(2) to support the development and implementation of
efforts by the Department of State to prevent and mitigate
anomalous health incidents affecting its workforce;
(3) to investigate and characterize the cause of anomalous
health incidents, including investigations of causation and
attribution;
(4) to collect and analyze data related to anomalous health
incidents;
(5) to coordinate with other relevant agencies and the
National Security Council regarding anomalous health incidents;
and
(6) to support other activities to understand, prevent,
deter, and respond to suspected attacks presenting as anomalous
health incidents, at the discretion of the Secretary of State.
(f) Development and Dissemination of Workforce Guidance.--The
President shall direct relevant agencies to develop and disseminate to
employees who are at risk of exposure to anomalous health incidents,
not later than 90 days after the date of the enactment of this section,
updated workforce guidance to report, mitigate, and address suspected
attacks presenting as anomalous health incidents.
(g) Definitions.--In this section:
(1) The term ``Agency Coordination Lead'' means a senior
official designated by the head of a relevant agency to serve
as the Anomalous Health Incident Agency Coordination Lead for
such agency.
(2) The term ``appropriate national security committees''
means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House
of Representatives;
(H) the Permanent Select Committee on Intelligence
of the House of Representatives;
(I) the Committee on Homeland Security of the House
of Representatives; and
(J) the Committee on the Judiciary of the House of
Representatives.
(3) The term ``Deputy Coordinator'' means the Deputy
Anomalous Health Incidents Interagency Coordinator in the White
House Office of Science and Technology Policy designated
pursuant to subsection (d)(1).
(4) The term ``Interagency Coordinator'' means the
Anomalous Health Incidents Interagency Coordinator designated
pursuant to subsection (d)(1).
(5) The term ``relevant agencies'' means--
(A) the Department of Defense;
(B) the Department of State;
(C) the Office of the Director of National
Intelligence;
(D) the Central Intelligence Agency;
(E) the Department of Justice;
(F) the Department of Homeland Security; and
(G) other agencies and bodies designated by the
Interagency Coordinator.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Matters Relating to Civilian Personnel
SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1105 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is further amended by striking ``through
2021'' and inserting ``through 2022''.
SEC. 1102. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1106 of the of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is further amended by striking ``2022'' and inserting
``2023''.
SEC. 1103. DARPA PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT SCIENCE AND
ENGINEERING EXPERTS.
Section 1599h(b) of title 10, United States Code, is amended--
(1) in paragraph (2)(B), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) during any fiscal year, pay up to 15 individuals
newly appointed pursuant to paragraph (1)(B) the travel,
transportation, and relocation expenses and services described
under sections 5724, 5724a, and 5724c of title 5.''.
SEC. 1104. CIVILIAN PERSONNEL MANAGEMENT.
Section 129(a) of title 10, United States Code, is amended--
(1) in the first sentence, by striking ``primarily'' and
inserting ``solely'';
(2) in the second sentence, by striking ``solely''; and
(3) by inserting after the second sentence the following:
``Funds appropriated to the Department of Defense may not be
obligated or expended for term or temporary hiring authorities
for enduring functions.''.
SEC. 1105. COMPTROLLER GENERAL REVIEW OF NAVAL AUDIT SERVICE
OPERATIONS.
(a) Comptroller General Report.--Not later than one year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to congressional defense committees a report on the
operations of the Naval Audit Service. Such report shall include--
(1) a description of current and historical budgetary
resources and authorized full-time employees provided to and
utilized by the Naval Audit Service, as well as of any planned
or anticipated changes to the Naval Audit Service's level of
resources or staff;
(2) information on the workload of the Naval Audit Service
and where it devotes its resources;
(3) an assessment of the audit policies of the Naval Audit
Service, how it determines where to devote resources, and its
level of independence when performing audits and reporting
audit results; and
(4) an assessment of the potential impacts of any planned
or anticipated changes to the Naval Audit Service's level of
resources or staff.
(b) Limitation.--During the period beginning on the date of
enactment of this Act and ending on the date that is 180 days after the
date on which the report under subsection (a) is submitted to the
congressional defense committees--
(1) no individual may assign, transfer, transition, merge,
consolidate, or eliminate any function, responsibility,
authority, service, system, or program that was carried out by
the Naval Audit Service as of January 1, 2021, to an entity
other than the Naval Audit Service; and
(2) the number of full-time employees authorized for the
Naval Audit Service may not be reduced below the total that is
10 percent less than the number that was authorized as of
January 1, 2021.
(c) Secretary of the Navy Report.--Not later than the date that is
90 days after the date the report under subsection (a) is submitted to
the congressional defense committees, the Secretary of the Navy shall
submit to the congressional defense committees a report, including--
(1) the Navy's assessment of the findings and
recommendations of the Comptroller General in regard to the
Naval Audit Service, including the Navy's plans to implement
the Comptroller General's recommendations;
(2) any reports or studies completed since 2018 by the Navy
or outside entities, including federally funded research and
development centers, into the operations of the Naval Audit
Service, and the Navy's response to the findings and
recommendations of such reports; and
(3) the Secretary's plans for any changes to the
activities, resources, staffing, authorities, responsibilities,
and mission of the Naval Audit Service.
SEC. 1106. IMPLEMENTATION OF GAO RECOMMENDATIONS ON TRACKING, RESPONSE,
AND TRAINING FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE REGARDING SEXUAL HARASSMENT AND ASSAULT.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop a
plan to address the recommendations in the report of the U.S.
Government Accountability Office titled ``Sexual Harassment and
Assault: Guidance Needed to Ensure Consistent Tracking,
Response, and Training for DOD Civilians'' (GAO-21-113).
(2) Elements.--The plan required under paragraph (1) shall,
with respect to each recommendation in the report described in
paragraph (1) that the Secretary has implemented or intends to
implement, include--
(A) a summary of actions that have been or will be
taken to implement the recommendation; and
(B) a schedule, with specific milestones, for
completing implementation of the recommendation.
(b) Submission to Congressional Defense Committees.--Not later than
one year after the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees the plan required
under subsection (a).
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, the Secretary shall carry out activities to implement the
plan developed under subsection (a).
(2) Report on plan.--Not later than one year after the date
on which the Secretary begins to implement the plan developed
under subsection (a), the Secretary shall submit to the
congressional defense committees a report on the results of
such plan.
(3) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary may
initiate implementation of a recommendation in the
report described in subsection (a)(1) after the date
specified in paragraph (1) if the Secretary provides
the congressional defense committees with a specific
justification for the delay in implementation of such
recommendation on or before such date.
(B) Nonimplementation.--The Secretary may decide
not to implement a recommendation in the report
described in subsection (a)(1) if the Secretary
provides to the congressional defense committees, on or
before the date specified in paragraph (1)--
(i) a specific justification for the
decision not to implement the recommendation;
and
(ii) a summary of alternative actions the
Secretary plans to take to address the
conditions underlying the recommendation.
SEC. 1107. GUIDELINES FOR REDUCTIONS IN CIVILIAN POSITIONS.
Subsection (e) of section 1597 of title 10, United States Code, is
amended--
(1) in the subsection heading, by striking ``Reductions
Based Primarily on Performance'' and inserting ``Reductions
Based Primarily on Seniority and Veterans Preference''; and
(2) by striking ``primarily on the basis of performance, as
determined under any applicable performance management system''
and inserting ``following the order of retention prescribed in
section 3502 of title 5''.
SEC. 1108. REPEAL OF 2-YEAR PROBATIONARY PERIOD.
(a) Repeal.--
(1) In general.--Section 1599e of title 10, United States
Code, is repealed.
(2) Application.--The modification of probationary periods
for covered employees (as that term is defined in such section
1599e as in effect on the date immediately preceding the date
of enactment of this Act) by operation of the amendment made by
paragraph (1) shall only apply to an individual appointed as
such an employee on or after such date of enactment.
(b) Technical and Conforming Amendments.--
(1) Title 10.--The table of sections for chapter 81 of
title 10, United States Code, is amended by striking the item
relating to section 1599e.
(2) Title 5.--Title 5, United States Code, is amended--
(A) in section 3321(c), by striking ``, or any
individual covered by section 1599e of title 10'';
(B) in section 3393(d), by striking the second
sentence;
(C) in section 7501(1), by striking ``, except as
provided in section 1599e of title 10,'';
(D) in section 7511(a)(1)(A)(ii), by striking
``except as provided in section 1599e of title 10,'';
and
(E) in section 7541(1)(A), by striking ``or section
1599e of title 10''.
SEC. 1109. AMENDMENT TO DIVERSITY AND INCLUSION REPORTING.
Section 113 of title 10, United States Code, as amended by section
551 of the National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is amended--
(1) in subsection (c)(2), by inserting ``of members and
civilian employees'' after ``inclusion'';
(2) in subsection (l)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph (B):
``(B) efforts to reflect, across the civilian workforce of
the Department and of each armed force, the diversity of the
population of the United States; and''; and
(B) in paragraph (2)(B), by inserting ``and
civilian employees of the Department'' after ``members
of the armed forces''; and
(3) in subsection (m)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph (7):
``(7) The number of civilian employees of the Department,
disaggregated by military department, gender, race, and
ethnicity--
``(A) in each grade of the General Schedule;
``(B) in each grade of the Senior Executive
Service;
``(C) paid at levels above grade GS-15 of the
General Schedule but who are not members of the Senior
Executive Service;
``(D) paid under the Federal Wage System, and
``(E) paid under alternative pay systems.''.
SEC. 1110. INCLUDING ACTIVE DUTY IN THE ARMED FORCES IN MEETING SERVICE
REQUIREMENT FOR FEDERAL EMPLOYEE FAMILY AND MEDICAL
LEAVE.
(a) Family and Medical Leave Act of 1993.--Section 101(2) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by
adding at the end the following:
``(F) Active duty as member of armed forces.--For
the purposes of determining whether an individual who
is a Federal officer or employee (not including a
Federal officer or employee excluded under paragraph
(2)(B)(i)) meets the service requirements specified in
subparagraph (A), the individual will be considered to
meet those requirements if the individual--
``(i) served on active duty as a member of
the armed forces for at least one year; and
``(ii) whose separation from the armed
forces is characterized as honorable by the
Secretary concerned.''.
(b) Title 5.--Section 6381(1)(B) of title 5, United States Code, is
amended to read as follows:
``(B)(i) has completed at least 12 months of
service as an employee (as defined in section 2105) of
the Government of the United States, including service
with the United States Postal Service, the Postal
Regulatory Commission, and a nonappropriated fund
instrumentality as described in section 2105(c); or
``(ii)(I) served on active duty as a member of the
armed forces for at least one year; and
``(II) whose separation from the armed forces is
characterized as honorable by the Secretary
concerned;''.
SEC. 1111. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-OF-TIME
ARRANGEMENT.
Section 5542 of title 5, United States Code, is amended by adding
at the end the following:
``(h)(1) Notwithstanding any other provision of this section, any
hours worked by a firefighter under a qualified trade-of-time
arrangement shall be disregarded for purposes of any determination
relating to eligibility for, or the amount of, any overtime pay under
this section.
``(2) For purposes of this subsection--
``(A) the term `qualified trade-of-time arrangement' means
an arrangement under which 2 firefighters who are employed by
the same agency agree, solely at their option and with the
approval of their employing agency, to substitute for one
another during scheduled work hours in the performance of work
in the same capacity; and
``(B) the term `firefighter' means a firefighter as defined
by section 8331(21) or 8401(14).''.
SEC. 1112. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT RETIRED
MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE
DEPARTMENT OF DEFENSE.
Section 1108(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
to read as follows:
``(b) Positions.--The positions in the Department described in this
subsection are positions in the competitive service--
``(1) at any defense industrial base facility (as that term
is defined in section 2208(u)(3) of title 10, United States
Code) that is part of the core logistics capabilities (as
described in section 2464(a) of such title); or
``(2) at any Major Range and Test Facility Base (as that
term is defined in section 196(i) of such title).''.
SEC. 1113. INCREASE IN ALLOWANCE BASED ON DUTY AT REMOTE WORKSITES.
(a) Assessment and Rate.--Not later than March 31, 2022, the
Director of the Office of Personnel Management shall complete an
assessment of the remote site pay allowance under section 5942 of title
5, United States Code, and propose a new rate of such allowance,
adjusted for inflation, and submit such assessment and rate to the
President and to Congress.
(b) Application.--Beginning on the first day of the first pay
period beginning after the date the Director submits the assessment and
rate under subsection (a), such rate shall, notwithstanding subsection
(a) of such section 5942, be the rate of such allowance.
SEC. 1114. LIMITING THE NUMBER OF LOCAL WAGE AREAS DEFINED WITHIN A PAY
LOCALITY.
(a) Local Wage Area Limitation.--Section 5343(a) of title 5, United
States Code, is amended--
(1) in paragraph (1)(B)(i), by striking ``(but such'' and
all that follows through ``are employed)'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end of the following:
``(6) the Office of Personnel Management may define not
more than one local wage area within a pay locality, except
that this paragraph shall not apply to the pay locality
designated as `Rest of United States'.''.
(b) Pay Locality Defined.--Section 5342(a) of title 5, United
States Code, is amended--
(1) in paragraph (2)(C), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) `pay locality' has the meaning given that term under
section 5302(5).''.
(c) Regulations.--The Director of the Office of Personnel
Management shall prescribe any regulations necessary to carry out this
section and the amendments made by this section, including regulations
to ensure that this section and the amendments made by this section
shall not have the effect of reducing any rate of basic pay payable to
any individual who is serving as a prevailing rate employee (as defined
under section 5342(a)(2) of title 5, United States Code).
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to fiscal year 2022 and each fiscal
year thereafter.
SEC. 1115. NATIONAL DIGITAL RESERVE CORPS.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS
``Sec. 10301. Definitions.
``Sec. 10302. Establishment.
``Sec. 10303. Organization.
``Sec. 10304. Assignments.
``Sec. 10305. Reservist continuing education.
``Sec. 10306. Congressional reports.
``SEC. 10301. DEFINITIONS.
``In this chapter:
``(1) Active reservist.--The term `active reservist' means
a reservist holding a position to which such reservist has been
appointed under section 10303(c)(2).
``(2) Administrator.--The term `Administrator' means the
Administrator of the General Services Administration.
``(3) Inactive reservist.--The term `inactive reservist'
means a reservist who is not serving in an appointment under
section 10303(c)(2).
``(4) Program.--The term `Program' means the program
established under section 10302(a).
``(5) Reservist.--The term `reservist' means an individual
who is a member of the National Digital Reserve Corps.
``SEC. 10302. ESTABLISHMENT.
``(a) Establishment.--There is established in the General Services
Administration a program to establish, manage, and assign a reserve of
individuals with relevant skills and credentials, to be known as the
`National Digital Reserve Corps', to help address the digital and
cybersecurity needs of Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than six months after the date
of the enactment of this section, the Administrator shall issue
guidance for the National Digital Reserve Corps, which shall
include procedures for coordinating with Executive agencies
to--
``(A) identify digital and cybersecurity needs
which may be addressed by the National Digital Reserve
Corps; and
``(B) assign active reservists to address such
needs.
``(2) Recruitment and initial assignments.--Not later than
one year after the date of the enactment of this section, the
Administrator shall begin recruiting reservists and assigning
active reservists under the Program.
``SEC. 10303. ORGANIZATION.
``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps shall
be administered by the Administrator.
``(2) Responsibilities.--In carrying out the Program, the
Administrator shall--
``(A) establish standards for serving as a
reservist, including educational attainment,
professional qualifications, and background checks;
``(B) ensure the standards established under
subparagraph (A) are met;
``(C) recruit individuals to the National Digital
Reserve Corps;
``(D) activate and deactivate reservists as
necessary;
``(E) coordinate with Executive agencies to--
``(i) determine the digital and
cybersecurity needs which reservists shall be
assigned to address;
``(ii) ensure reservists have access,
resources, and equipment required to address
digital and cybersecurity needs which such
reservists are assigned to address; and
``(iii) analyze potential assignments for
reservists to determine outcomes, develop
anticipated assignment timelines, and identify
Executive agency partners;
``(F) ensure reservists acquire and maintain
appropriate suitability and security eligibility and
access; and
``(G) determine what additional resources, if any,
are required to successfully implement the Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may become a
reservist only if such individual enters into a written
agreement with the Administrator to become a reservist.
``(B) Contents.--The agreement under subparagraph
(A) shall--
``(i) require the individual seeking to
become a reservist to serve as a reservist for
a three-year period, during which such
individual shall serve not less than 30 days
per year as an active reservist; and
``(ii) set forth all other the rights and
obligations of the individual and the General
Services Administration.
``(2) Employee status and compensation.--
``(A) Employee status.--An inactive reservist shall
not be considered to be a Federal employee for any
purpose solely on the basis of being a reservist.
``(B) Compensation.--The Administrator shall
determine the appropriate compensation for service as
an active reservist, except that the maximum rate of
pay may not exceed the maximum rate of basic pay
payable for GS-15 (including any applicable locality-
based comparability payment under section 5304 or
similar provision of law).
``(3) Userra employment and reemployment rights.--
``(A) In general.--The protections, rights,
benefits, and obligations provided under chapter 43 of
title 38 shall apply to active reservists of the
National Reserve Digital Corps appointed pursuant to
paragraph (2) of subsection (c) of section 10303 of
this chapter to perform service to the General Services
Administration under section 10304 of this chapter, or
to train for such service under section 10305 of this
chapter.
``(B) Notice of absence from position of
employment.--Preclusion of giving notice of service by
necessity of service under paragraph (2) of subsection
(c) of section 10303 of this chapter to perform service
to the General Services Administration under section
10304 of this chapter, or to train for such service
under section 10305 of this chapter, shall be deemed
preclusion by ``military necessity'' for purposes of
section 4312(b) of title 38 pertaining to giving notice
of absence from a position of employment. A
determination of such necessity shall be made by the
Administrator and shall not be subject to review in any
judicial or administrative proceeding.
``(4) Penalties.--
``(A) In general.--A reservist that fails to accept
an appointment under subsection (c)(2) or fails to
carry out the duties assigned to reservist under such
an appointment shall, after notice and an opportunity
to be heard--
``(i) cease to be a reservist; and
``(ii) be fined an amount equal to the
amounts, if any, paid under section 10305 with
respect to training expenses for such
reservist.
``(B) Exception.--With respect to a failure of a
reservist to accept an appointment under subsection
(c)(2) or to carry out the duties assigned to the
reservist under such an appointment--
``(i) subparagraph (A) shall not apply if
the failure was due to the continuation,
recurrence, or onset of a serious health
condition or any other circumstance beyond the
control of the reservist; and
``(ii) the Administrator may waive the
application of subparagraph (A), in whole or in
part, if the Administrator determines that
applying subparagraph (A) with respect to the
failure would be against equity and good
conscience and not in the best interest of the
United States.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may appoint
qualified candidates to positions in the competitive service in
the General Service Administration for which the primary duties
are related to the management or administration of the National
Digital Reserve Corps, as determined by the Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may appoint,
without regard to the provisions of subchapter I of
chapter 33 (other than sections 3303 and 3328),
qualified reservists to temporary positions in the
competitive service for the purpose of assigning such
reservists under section 10304 and to otherwise carry
out the National Digital Reserve Corps.
``(B) Appointment limits.--
``(i) In general.--The Administrator may
not appoint an individual under this paragraph
if, during the 365-day period ending on the
date of such appointment, such individual has
been an officer or employee of the executive or
legislative branch of the United States
Government or of any independent agency of the
United States 130 or more days.
``(ii) Automatic appointment termination.--
The appointment of an individual under this
paragraph shall terminate upon such individual
being employed as an officer or employee of the
executive or legislative branch of the United
States Government or of any independent agency
of the United States for 130 days during the
previous 365 days.
``(C) Employee status.--An individual appointed
under this paragraph shall be considered a special
Government employee (as such term is defined in section
202(a) of title 18).
``(D) Additional employees.--Individuals appointed
under this paragraph shall be in addition to any
employees of the General Services Administration whose
duties relate to the digital or cybersecurity needs of
the General Services Administration.
``SEC. 10304. ASSIGNMENTS.
``(a) In General.--The Administrator may assign active reservists
to address the digital and cybersecurity needs of Executive agencies,
including cybersecurity services, digital education and training, data
triage, acquisition assistance, guidance on digital projects,
development of technical solutions, and bridging public needs and
private sector capabilities.
``(b) Assignment-specific Access, Resources, Supplies, or
Equipment.--The head of an Executive agency shall, to the extent
practicable, provide each active reservist assigned to address a
digital or cybersecurity need of such Executive agency under subsection
(a) with any specialized access, resources, supplies, or equipment
required to address such digital or cybersecurity need.
``(c) Duration.--An assignment of an individual under subsection
(a) shall terminate on the earlier of--
``(1) the date determined by the Administrator;
``(2) the date on which the Administrator receives
notification of the decision of the head of the Executive
agency, the digital or cybersecurity needs of which such
individual is assigned to address under subsection (a), that
such assignment should terminate; or
``(3) the date on which the assigned individual ceases to
be an active reservist.
``(d) Compliance.--The Administrator shall ensure that assignments
under subsection (a) are consistent with all applicable Federal ethics
rules and Federal appropriations laws.
``SEC. 10305. RESERVIST CONTINUING EDUCATION.
``(a) In General.--Subject to the availability of appropriations,
the Administrator may pay for reservists to acquire training and
receive continuing education, including attending conferences and
seminars and obtaining certifications, that will enable reservists to
more effectively meet the digital and cybersecurity needs of Executive
agencies.
``(b) Application.--The Administrator shall establish a process for
reservists to apply for the payment of reasonable expenses related to
the training or continuing education described in subsection (a).
``(c) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the Administrator
shall submit to Congress a report on the expenditures under this
subsection.
``SEC. 10306. CONGRESSIONAL REPORTS.
``Not later than two years after the date of the enactment of this
section, and annually thereafter, the Administrator shall submit to
Congress a report on the Program, including--
``(1) the number of reservists;
``(2) a list of Executive agencies that have submitted
requests for support from the National Digital Reserve Corps;
``(3) the nature and status of such requests; and
``(4) with respect to each such request to which active
reservists have been assigned and for which work by the
National Digital Reserve Corps has concluded, an evaluation of
such work and the results of such work by--
``(A) the Executive agency that submitted the
request; and
``(B) the reservists assigned to such request.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 5, United States Code, is amended by inserting after the item
related to chapter 102 the following new item:
``103. National Digital Reserve Corps....................... 10303''.
(c) Conforming Amendments.--
(1) Service definitions.--Section 4303 of title 38, United
States Code, is amended--
(A) in paragraph (13), by inserting ``, a period
for which a person is absent from a position of
employment to perform service to the General Services
Administration as an active reservist of the National
Reserve Digital Corps under section 10304 of Title 5,
or inactive reservist training for such service under
section 10305 of Title 5,'' before ``, and a period'';
and
(B) in the second paragraph (16), by inserting ``,
active reservists of the National Reserve Digital Corps
who are appointed into General Services Administration
service under section 10303(c)(2) of Title 5, or
inactive reservist training for such service under
section 10305 of Title 5,'' before ``, and any other
category''.
(2) Reemployment service notice requirement.--Section
4312(b) of title 38, United States Code, is amended by striking
``A determination of military necessity'' and all that follows
and inserting the following: ``A determination of military
necessity for the purposes of this subsection--
``(1) shall be made--
``(A) except as provided under subparagraph (B),
(C), or (D), pursuant to regulations prescribed by the
Secretary of Defense;
``(B) for persons performing service to the Federal
Emergency Management Agency under section 327 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165f) and as intermittent
personnel under section 306(b)(1) of such Act, by the
Administrator of the Federal Emergency Management
Agency as described in sections 327(j)(2) and
306(d)(2), respectively, of such Act;
``(C) for intermittent disaster-response appointees
of the National Disaster Medical System, by the
Secretary of Health and Human Services as described in
section 2812(d)(3)(B) of the Public Health Service Act
(42 U.S.C. 300hh-11(d)(3)(B)); and
``(D) for active reservists of the National Reserve
Digital Corps performing service to the General
Services Administration under section 10304 of title 5,
or inactive reservist training for such service under
section 10305 of Title 5, by the Administrator of the
General Services Administration as described in section
10303(b)(3)(B) of title 5; and
``(2) shall not be subject to judicial review.''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000, to remain available until fiscal year 2023,
to carry out the program established under section 10302(a) of title 5,
United States Code, as added by this section.
SEC. 1116. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT
OF THE NAVY EMPLOYEES PERFORMING WORK OVERSEAS ON NAVAL
VESSELS.
Section 5542(a)(6)(A) of title 5, United States Code, is amended--
(1) by inserting ``outside the United States'' after
``temporary duty'';
(2) by striking ``the nuclear aircraft carrier that is
forward deployed in Japan'' and inserting ``naval vessels'';
and
(3) by inserting ``of 1938'' after ``Fair Labor Standards
Act''.
SEC. 1117. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall conduct an assessment of the impacts resulting from
the Navy's suspension in 2016 of the Accelerated Promotion Program (in
this section referred to as the ``APP''). The Director may consult with
the Secretary of the Navy in carrying out such assessment, but the Navy
may not play any other role in such assessment.
(b) Elements.--The assessment required under subsection (a) shall
include the following elements:
(1) An identification of the employees who were hired at
the four public shipyards between January 23, 2016, and
December 22, 2016, covering the period in which APP was
suspended, and who would have otherwise been eligible for APP
had the program been in effect at the time they were hired.
(2) An assessment for each employee identified in paragraph
(1) to determine the difference between wages earned from the
date of hire to the date on which the wage data would be
collected and the wages which would have been earned during
this same period should that employee have participated in APP
from the date of hire and been promoted according to the
average promotion timeframe for participants hired in the five-
year period prior to the suspension.
(3) An assessment for each employee identified in paragraph
(1) to determine at what grade and step each effected employee
would be at on October 1, 2020, had that employee been promoted
according to the average promotion timeframe for participants
hired in the five-year period prior to the suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take measures
using those authorities to provide the pay difference and
corresponding interest, at a rate of the federal short-term
interest rate plus 3 percent, to each effected employee
identified in paragraph (2) and directly promote the employee
to the grade and step identified in paragraph (3).
(c) Report.--The Director shall submit, to the congressional
defense committees, the Committee on Oversight and Reform of the House
of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate, a report on the results of the
evaluation by not later than 270 days after the date of enactment of
this Act, and shall provide interim briefings upon request.
SEC. 1118. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL FLEXIBILITIES
FOR DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR
RANGE AND TEST FACILITIES BASE CIVILIAN PERSONNEL.
Section 1132 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114- 328; 130 Stat. 2457), as amended by section
1107 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1630), is further amended--
(1) in subsection (a), by striking ``through 2021'' and
inserting ``through 2026'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Data Collection Requirement.--The Secretary of Defense shall
develop and implement a plan to collect and analyze data on the pilot
program for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the leadership of the
Department and Congress on the implementation of the pilot
program and related policy issues.
``(g) Briefing.--Not later than 90 days after the end of each of
fiscal years 2022 through 2026, the Secretary of Defense shall provide
a briefing to the Committee on Armed Services of the House of
Representatives, the Committee on Armed Services of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate including--
``(1) a description of the effect of this section on the
management of civilian personnel at domestic defense industrial
base facilities and Major Range and Test Facilities Base during
the most recently ended fiscal year; and
``(2) the number of employees--
``(A) hired under such section during such fiscal
year; and
``(B) expected to be hired under such section
during the fiscal year in which the briefing is
provided.''.
SEC. 1119. REPEAL OF CREDITING AMOUNTS RECEIVED AGAINST PAY OF FEDERAL
EMPLOYEE OR DC EMPLOYEE SERVING AS A MEMBER OF THE
NATIONAL GUARD OF THE DISTRICT OF COLUMBIA.
(a) In General.--Section 5519 of title 5, United States Code, is
amended by striking ``or (c)''.
(b) Application.--The amendment made by subsection (a) shall apply
to any amounts credited, by operation of such section 5519, against the
pay of an employee or individual described under section 6323(c) of
such title on or after the date of enactment of this Act.
SEC. 1120. FEDERAL EMPLOYEE ANNUAL SURVEY.
(a) In General.--Subchapter II of chapter 29 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 2955. Federal employee annual survey
``(a) In General.--The Director of the Office of Personnel
Management shall conduct an annual survey of Federal employees
(including survey questions prescribed under subsections (b) and (c))
to assess--
``(1) leadership and management practices that contribute
to Executive agency performance and employee engagement; and
``(2) the satisfaction of such employees with--
``(A) Executive agency political and career
leadership;
``(B) the work environment;
``(C) opportunities available to such employees--
``(i) to recommend workplace improvements;
``(ii) to raise concerns and report
possible wrongdoings;
``(iii) to contribute to achieving
organizational missions; and
``(iv) for professional development and
growth;
``(D) rewards and recognition for professional
accomplishment and personal contributions to achieving
organizational missions;
``(E) Executive agency commitment and actions to
ensure diversity, equity, and inclusion at work; and
``(F) organizational adaptability, resilience, and
openness to change.
``(b) Regulations.--The Director of the Office of Personnel
Management shall issues regulations implementing this section,
including regulations prescribing survey questions permitting
comparisons across Executive agencies, requiring that such questions
must be included on each survey conducted under subsection (a), and
setting the sequencing of such questions.
``(c) Agency-specific Questions.--
``(1) In general.--The head of an Executive agency may, in
coordination with the Director of the Office of Personnel
Management, include in a survey conducted under subsection (a)
questions specific to the Executive agency.
``(2) Question placement.--Any questions included in a
survey under paragraph (1) shall be placed at the end of the
survey.
``(d) Occupational Data.--To the extent practicable, the Director
of the Office of Personnel Management shall collect and report on the
results of each Executive agency survey described in subsection (a) by
occupation.
``(e) Accessibility.--To the extent practicable, the Director of
the Office of Personnel Management shall ensure that surveys conducted
under subsection (a) shall be accessible and user-friendly for Federal
employees who choose to complete the survey on their mobile devices.
``(f) Availability of Results.--
``(1) Office of personnel management.--Not later than 3
months after beginning a survey under subsection (a), the
Director of the Office of Personnel Management shall make
publicly available the results of the survey.
``(2) Agencies.--After the results of a survey are made
publicly available under paragraph (1), each head of an
Executive agency shall post the results of surveys conducted
under subsection (a) on the website of such Executive
agency.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 5, United States Code, is amended by inserting after the item
relating to chapter 2954 the following new item:
``2955. Federal employee annual survey.''.
SEC. 1121. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL INTEREST
REQUIREMENTS FOR DEPARTMENT OF DEFENSE OFFICERS AND
EMPLOYEES.
(a) In General.--In addition to the prohibition set forth in
section 208 of title 18, United States Code, an officer or employee of
the Department of Defense may not participate personally and
substantially in any covered matter that the officer or employee knows,
or reasonably should know, is likely to have a direct and predictable
effect on the financial interests of--
(1) any organization, including a trade organization, for
which the officer or employee has served as an employee,
officer, director, trustee, or general partner in the past 2
years;
(2) a former direct competitor or client of any
organization for which the officer or employee has served as an
employee, officer, director, trustee, or general partner in the
past 2 years; or
(3) any employer with whom the officer or employee is
seeking employment.
(b) Rule of Construction.--Nothing in this section shall be
construed to terminate, alter, or make inapplicable any other
prohibition or limitation in law or regulation on the participation of
officers or employees of the Department of Defense in covered matters
having an effect on their or related financial or other personal
interests.
(c) Covered Matter Defined.--In this section, the term ``covered
matter''--
(1) means any matter that involves deliberation, decision,
or action that is focused upon the interests of a specific
person or a discrete and identifiable class of persons; and
(2) includes policymaking that is narrowly focused on the
interests of a discrete and identifiable class of persons.
SEC. 1122. PARENTAL BEREAVEMENT LEAVE FOR FEDERAL EMPLOYEES.
(a) In General.--Section 6382(a)(1) of title 5, United States Code,
is amended by adding at the end the following new subparagraph:
``(F) Because of the death of a son or daughter of
the employee.''.
(b) Requirements Relating to Leave.--
(1) Schedule.--Section 6382(b)(1) of such title is amended
by inserting after the third sentence the following: ``Leave
under subsection (a)(1)(F) shall not be taken by an employee
intermittently or on a reduced leave schedule unless the
employee and the employing agency of the employee agree
otherwise.''.
(2) Paid leave.--Section 6382(d)(2) of such title is
amended--
(A) in subparagraph (A), by striking ``(A) or (B)''
and inserting ``(A), (B), or (F)''; and
(B) in subparagraph (B)(i), by striking ``birth or
placement'' and inserting ``birth, placement, or
death''.
(3) Notice.--Section 6382(e) of such title is amended by
adding at the end the following new paragraph:
``(4) In any case in which the necessity for leave under
subsection (a)(1)(F) is foreseeable, the employee shall provide
such notice to the employing agency as is reasonable and
practicable.''.
(4) Certification requirements.--Section 6383 of such title
is amended by adding at the end the following new subsection:
``(g) An employing agency may require that a request for leave
under section 6382(a)(1)(F) be supported by a certification issued at
such time and in such manner as the Office of Personnel Management may
by regulation prescribe. If the Office issues a regulation requiring
such certification, the employee shall provide, in a timely manner, a
copy of such certification to the employer.''.
Subtitle B--PLUM Act
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing Updates to
Management Act'' or the ``PLUM Act''.
SEC. 1132. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND
SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States
Postal Service, and the Postal Regulatory Commission;
``(B) the Architect of the Capitol, the Government
Accountability Office, the Government Publishing
Office, and the Library of Congress; and
``(C) the Executive Office of the President and any
component within such Office (including any successor
component), including--
``(i) the Council of Economic Advisors;
``(ii) the Council on Environmental
Quality;
``(iii) the National Security Council;
``(iv) the Office of the Vice President;
``(v) the Office of Policy Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and
Budget;
``(viii) the Office of the United States
Trade Representative;
``(ix) the Office of Science and Technology
Policy;
``(x) the Office of National Drug Control
Policy; and
``(xi) the White House Office, including
the White House Office of Presidential
Personnel.
``(2) Covered website.--The term `covered website' means
the website established and maintained by the Director under
subsection (b).
``(3) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(4) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and
supporting position; and
``(B) includes an individual serving in such a
position temporarily in an acting capacity in
accordance with--
``(i) sections 3345 through 3349d (commonly
referred to as the `Federal Vacancies Reform
Act of 1998');
``(ii) any other statutory provision
described in section 3347(a)(1); or
``(iii) a Presidential appointment
described in section 3347(a)(2).
``(5) Policy and supporting position.--The term `policy and
supporting position' means--
``(A) a position that requires appointment by the
President, by and with the advice and consent of the
Senate;
``(B) a position that requires or permits
appointment by the President or Vice President, without
the advice and consent of the Senate;
``(C) a position occupied by a limited term
appointee, limited emergency appointee, or noncareer
appointee in the Senior Executive Service, as defined
under paragraphs (5), (6), and (7), respectively, of
section 3132(a);
``(D) a position of a confidential or policy-
determining character under schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations, or
any successor regulation;
``(E) a position in the Senior Foreign Service;
``(F) any career position at an agency that, but
for this section and section 2(b)(3) of the PLUM Act,
would be included in the publication entitled `United
States Government Policy and Supporting Positions',
commonly referred to as the `Plum Book'; and
``(G) any other position classified at or above
level GS-14 of the General Schedule (or equivalent)
that is excepted from the competitive service by law
because of the confidential or policy-determining
nature of the position duties.
``(b) Establishment of Website.--Not later than 1 year after the
date of enactment of the PLUM Act, the Director shall establish, and
thereafter maintain, a public website containing the following
information for the President then in office and for each subsequent
President:
``(1) Each policy and supporting position in the Federal
Government, including any such position that is vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in
paragraph (1); or
``(B) previously served in a position described in
such paragraph under the applicable President.
``(3) Information on any Government-wide or agency-wide
limitation on the total number of positions in the Senior
Executive Service under section 3133 or 3132, and for the total
number of positions in Schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, and total number of
individuals occupying such positions.
``(c) Contents.--With respect to any policy and supporting position
listed on the covered website, the Director shall include--
``(1) the agency, and agency component, (including the
agency and bureau code used by the Office of Management and
Budget) in which the position is located;
``(2) the name of the position;
``(3) the name of the individual occupying such position
(if any);
``(4) the geographic location of the position, including
the city, State or province, and country;
``(5) the pay system under which the position is paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if any);
``(8) the expiration date, in the case of a time-limited
appointment;
``(9) a unique identifier for each appointee to enable
tracking such appointee across positions;
``(10) whether the position is vacant, and in the case of a
vacancy, for positions for which appointment is required to be
made by the President by and with the advice and consent of the
Senate, the name of the acting official, and, for other
positions, the name of the official performing the duties of
the vacant position.
``(d) Current Data.--For each agency, the Director shall indicate
the date that the agency last updated the data.
``(e) Format.--The Director shall make the data on the covered
website available to the public at no cost over the internet in a
searchable, sortable, downloadable, and machine-readable format so that
the data qualifies as an open Government data asset, as defined in
section 3502 of title 44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall provide to
the Director any information that the Director determines
necessary to establish and maintain the covered website,
including the information uploaded pursuant to paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year
after the date of enactment of the PLUM Act, the Director shall
issue instructions to agencies with specific requirements for
the provision or uploading of information required under
paragraph (1), including--
``(A) specific data standards that an agency shall
follow to ensure that the information is complete,
accurate, and reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency shall
provide or upload the information, including the
timeframe described under paragraph (4).
``(3) Public accountability.--The Director shall identify
on the covered website any agency that has failed to provide--
``(A) the information required by the Director;
``(B) complete, accurate, and reliable information;
or
``(C) the information during the timeframe
specified by the Director.
``(4) Monthly updates.--
``(A) Not later than 90 days after the date the
covered website is established, and not less than once
during each 30 day period thereafter, the head of each
agency shall upload to the covered website updated
information (if any) on--
``(i) the policy and supporting positions
in the agency;
``(ii) the appointees occupying such
positions in the agency; and
``(iii) the former appointees who served in
the agency under the President then in office.
``(B) Information provided under subparagraph (A)
shall supplement, not supplant, previously provided
data under such subparagraph.
``(5) OPM help desk.--The Director shall establish a
central help desk, to be operated by not more than one full-
time employee, to assist any agency with implementing this
section.
``(6) Coordination.--The Director may designate one or more
Federal agencies to participate in the development,
establishment, operation, and support of the covered website.
With respect to any such designation, the Director may specify
the scope of the responsibilities of the Federal agency so
designated.
``(7) Data standards and timing.--The Director shall make
available on the covered website information regarding on data
collection standards, quality assurance methods, and time
frames for reporting data to the Director.
``(8) Regulations.--The Director may prescribe regulations
necessary for the administration of this section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall comply
with the instructions and guidance issued by the Director to
carry out this subtitle, and, upon request of the Director,
shall provide appropriate assistance to the Director to ensure
the successful operation of the covered website in the manner
and within the timeframe specified by the Director under
subsection (f)(2).
``(2) Ensuring completeness, accuracy, and reliability.--
With respect to any submission of information described in
paragraph (1), the head of an agency shall include an
explanation of how the agency ensured the information is
complete, accurate, and reliable, and a certification that such
information is complete, accurate, and reliable.
``(h) Information Verification.--
``(1) In general.--Not less frequently than semiannually,
the Director, in coordination with the White House Office of
Presidential Personnel, shall confirm that the information on
the covered website is complete, accurate, reliable, and up-to-
date. On the date of any such confirmation, the Director shall
publish on the covered website a certification that such
confirmation has been made.
``(2) Authority of director.--In carrying out paragraph
(1), the Director may--
``(A) request additional information from an
agency; and
``(B) use any additional information provided to
the Director or the White House Office of Presidential
Personnel for the purposes of verification.
``(3) Public comment.--The Director shall establish a
process under which members of the public may provide feedback
regarding the accuracy of the information on the covered
website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a
transitional inauguration day (as defined in section 3349a),
the Director, in consultation with the Archivist of the United
States, shall archive the data that was compiled on the covered
website for the preceding presidential administration.
``(2) Public availability.--The Director shall make the
data described in paragraph (1) publicly available over the
internet--
``(A) on, or through a link on, the covered
website;
``(B) at no cost; and
``(C) in a searchable, sortable, downloadable, and
machine-readable format.
``(j) Reports.--
``(1) In general.--Not less frequently than one year after
the covered website is established and not less than annually
thereafter, the Director, in coordination with the White House
Office of Presidential Personnel, shall publish a report on the
covered website that contains summary level information on the
demographics of any appointee. Such report shall provide such
information in a structured data format that is searchable,
sortable, and downloadable, makes use of common identifiers
wherever possible, and contains current and historical data
regarding such information.
``(2) Contents.--
``(A) In general.--Each report published under
paragraph (1) shall include self-identified data on
race, ethnicity, tribal affiliation, gender,
disability, sexual orientation, veteran status, and
whether the appointee is over the age of 40 with
respect to each type of appointee. Such a report shall
allow for users of the covered website to view the type
of appointee by agency or component, along with these
self-identified data, alone and in combination, to the
greatest level detail possible without allowing the
identification of individual appointees.
``(B) Option to not specify.--When collecting each
category of data described in subparagraph (A), each
appointee shall be allowed an option to not specify
with respect to any such category.
``(C) Consultation.--The Director shall consult
with the Committee on Oversight and Reform of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate
regarding reports published under this subsection and
the information in such reports to determine whether
the intent of this section is being fulfilled and if
additional information or other changes are needed for
such reports.
``(3) Exclusion of career positions.--For purposes of
applying the term `appointee' in this subsection, such term
does not include any individual appointed to a position
described in subsection (a)(5)(F).''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States Code, is
amended by adding at the end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) GAO review and report.--Not later than 1 year after the
date such website is established, the Comptroller General shall
conduct a review, and issue a briefing or report, on the
implementation of this subtitle and the amendments made by this
subtitle. The review shall include--
(A) the quality of data required to be collected
and whether such data is complete, accurate, timely,
and reliable;
(B) any challenges experienced by agencies in
implementing this subtitle and the amendments made by
this subtitle; and
(C) any suggestions or modifications to enhance
compliance with this subtitle and the amendments made
by this subtitle, including best practices for agencies
to follow.
(2) Sunset of plum book.--Beginning on January 1, 2024,
such website shall serve as the public directory for policy and
supporting positions in the Government, and the publication
entitled ``United States Government Policy and Supporting
Positions'', commonly referred to as the ``Plum Book'', shall
no longer be issued or published.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR
WARFARE.
Section 1202(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended by
striking ``2023'' and inserting ``2025''.
SEC. 1202. REPORT ON HUMAN RIGHTS AND BUILDING PARTNER CAPACITY
PROGRAMS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report identifying units of national security forces of
foreign countries that--
(1) have participated in programs under the authority of
section 333 of title 10, United States Code, during any of
fiscal years 2017 through 2021; and
(2) have been determined to have committed gross violations
of internationally recognized human rights, including as
described in the annual Department of State's Country Reports
on Human Rights Practices.
(b) Matters to Be Included.--The report required by subsection (a)
should include recommendations to improve human rights training and
additional measures that can be adopted to prevent violations of human
rights under any other provision of law.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1203. REPORT ON COUNTRIES SUITABLE FOR STABILIZATION OPERATIONS
SUPPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State and Administrator of the United States Agency
for International Development, shall submit to the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the Committee
on Foreign Relations of the Senate a report on countries for which the
Department has a presence and are suitable for stabilization operations
support provided under section 1210A of National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) to inform ongoing
interagency discussions on stabilization efforts.
(b) Matters to Be Included.--The report required by subsection (a)
shall include a list of countries suitable for such stabilization
operations support and a justification for such list.
(c) Rule of Construction.--Nothing in this section may be construed
to divert resources from potential emergency operational capacities.
SEC. 1204. MODIFICATION AND EXTENSION OF BIENNIAL COMPTROLLER GENERAL
OF THE UNITED STATES AUDITS OF PROGRAMS TO BUILD THE
CAPACITY OF FOREIGN SECURITY FORCES.
Section 1205(f) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291) is amended--
(1) in paragraph (1)--
(A) by striking ``2016, 2018 and 2020'' and
inserting ``2022, 2024, and 2026''; and
(B) by striking ``section 2282 of title 10, United
States Code (as so added)'' and inserting ``subsections
(a)(1) and (e)(7)(B) of section 333 of title 10, United
States Code''; and
(2) in paragraph (2)--
(A) by redesignating subparagraph (E) as
subparagraph (G); and
(B) by inserting after subparagraph (D) the
following:
``(E) An assessment of coordination by the
Department of Defense with coalition partners under the
program or programs, as applicable.
``(F) A description and assessment of the
methodology used by the Department of Defense to assess
the effectiveness of training under the program or
programs.''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. CLARIFICATION OF CERTAIN MATTERS REGARDING PROTECTION OF
AFGHAN ALLIES.
(a) In General.--Section 602 of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note) is amended--
(1) in subsection (b)(2)(C)--
(A) by striking ``(i) in general.--An alien is
described in this subparagraph if the alien'' and
inserting the following:
``(i) In general.--An alien is described in
this subparagraph if the alien''; and
(B) by striking ``(ii) employment requirements.--An
application'' and inserting the following:
``(ii) Employment requirements.--An
application'';
(2) in subsection (b)(2)(C)(i), by striking subclause (I),
and inserting the following:
``(I) was the spouse or child of a
principal alien described in
subparagraph (A) who had submitted--
``(aa) an application to
the Chief of Mission pursuant
to this section; or
``(bb) a petition pursuant
to section 1059 of the National
Defense Authorization Act for
Fiscal Year 2006 (Public Law
109-163; 8 U.S.C. 1101 note),
which included the alien as an
accompanying spouse or child; and'';
(3) in subsection (b)(2)(C)(i)(II)--
(A) in item (aa), by inserting ``application or''
before ``petition''; and
(B) in item (bb), by inserting ``application or''
before ``petition''; and
(4) in subsection (b)(2)(C)(ii), by inserting ``or
petition'' after ``application'' each place such term appears.
(b) Status of Afghans Employed Subject to a Grant or Cooperative
Agreement.--Section 602(b)(2)(A)(ii)(I) of the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note) is amended by inserting after ``United
States Government'' the following ``, including employment or other
work in Afghanistan funded by the United States Government through a
cooperative agreement, grant, or nongovernmental organization, if the
Secretary of State determines, based on a recommendation from the
Federal agency or organization authorizing such funding, that such
alien contributed to the United States mission in Afghanistan''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) it is our solemn responsibility to honor the sacrifices
made by, and the loyal service of, our many Afghan partners who
faithfully served alongside our Armed Forces, our diplomats,
and supported United States operations in Afghanistan for the
last 20 years;
(2) the United States Government must recognize that
commitment and seek to facilitate the safe passage to the
United States for those Afghan partners through the Afghan
Special Immigrant Visa program;
(3) our Afghan partners performed their services at great
personal risk to themselves and their families and that these
Afghans, in their service to our security as interpreters and
in other capacities, furthered our military and diplomatic
mission in Afghanistan; and
(4) the United States Government is grateful for the
loyalty of our Afghan partners and expresses our deepest
sympathies for what they have lost.
Congress reaffirms its commitment to continuing the work that it has
done to honor these Afghans and provide for their safety through the
Afghan Special Immigrant Visa program as it has since the program's
inception in 2009 including through the passage of legislation to
extend the Afghan Special Immigrant Visa program and provide additional
special immigrant visas.
(d) Oversight of Evacuation.--Not later than 60 days after the date
of enactment, the Secretary of Defense shall, in consultation with the
Secretary of State, appoint an official to assist with the State
Department on the continued evacuation of American nationals, special
immigrant visa petitioners, and other Afghans at risk. The appointment
shall terminate on the last day of the fiscal year that begins after
the date of such appointment, except that the Secretary of Defense, in
consultation with the Secretary of State may extend such appointment
for an additional period of 1 fiscal year.
SEC. 1212. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Amounts are authorized to be
appropriated and are authorized to remain available through December
31, 2022, for the Afghanistan Security Forces Fund for expenditure on
costs associated with the termination of Operation Freedom's Sentinel
and termination of related support to the forces of the Ministry of
Defense and the Ministry of Interior Affairs of the Government of
Afghanistan, and may also be made available for storage costs for
equipment and other materiel taken into DoD stock pursuant to
subsection (b) of this section, contract termination, and close out
costs.
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that was
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by subsection (a) or
authorized to be appropriated pursuant to prior Acts and was--
(A) intended for transfer to the security forces of
the Ministry of Defense and the Ministry of Interior
Affairs of the Government of Afghanistan; or
(B) previously accepted by the Government of
Afghanistan.
(2) Treatment as department of defense stocks.--Equipment
accepted under the authority provided under paragraph (1) may
be treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(3) Authorization of appropriations.--Amounts authorized to
be appropriated by this Act for the Afghanistan Security Forces
Fund for the authority described in paragraph (1) may be used--
(A) for transportation, storage, and other costs
associated with taking equipment accepted under the
authority provided under paragraph (1) into stocks of
the Department of Defense until alternate disposition
is determined; and
(B) to pay for the costs of disposing of such
equipment if no other alternate use can be found.
(4) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act and every 90 days
thereafter during the period in which the authority
provided under paragraph (1) is exercised, the
Secretary shall submit to the congressional defense
committees a report describing the equipment accepted
during the period covered by such report under the
following:
(i) This subsection.
(ii) Any prior Act authorizing the
appropriation of funds for the Afghanistan
Security Forces Fund pursuant to which such
equipment was accepted during such period.
(B) Elements.--Each report under subparagraph (A)
shall include, with respect to the 90-day period for
which report is submitted and cumulatively beginning
with the date of the submission of the first
notification described in subparagraph (A)--
(i) a list of any equipment accepted during
such period and treated as stocks of the
Department of Defense;
(ii) a description of the circumstances
that resulted in such equipment being available
for treatment as stocks of the Department of
Defense;
(iii) the cost associated with the storage
of maintenance of any accepted equipment; and
(iv) the final disposition decisions or
actions for all accepted equipment.
SEC. 1213. PROHIBITION ON PROVIDING FUNDS OR MATERIAL RESOURCES OF THE
DEPARTMENT OF DEFENSE TO THE TALIBAN.
The Secretary of Defense may not provide any funds or material
resources of the Department of Defense to the Taliban.
SEC. 1214. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN AND THE
ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available for the operation of any aircraft of the Department of
Defense to transport currency or other items of value to the Taliban,
the Islamic Emirate of Afghanistan, or any subsidiary, agent, or
instrumentality of either the Taliban or the Islamic Emirate of
Afghanistan.
SEC. 1215. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
Section 1233 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 393) is amended--
(1) in subsection (a), by striking ``for the period
beginning on October 1, 2020, and ending on December 31, 2021''
and inserting ``for the period beginning on October 1, 2021,
and ending on December 31, 2022''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on
October 1, 2020, and ending on December 31, 2021'' and
inserting ``during the period beginning on October 1,
2021, and ending on December 31, 2022''; and
(B) by striking ``$180,000,000'' and inserting
``$60,000,000''.
SEC. 1216. QUARTERLY BRIEFINGS ON THE SECURITY ENVIRONMENT IN
AFGHANISTAN AND UNITED STATES MILITARY OPERATIONS RELATED
TO THE SECURITY OF, AND THREATS EMANATING FROM,
AFGHANISTAN.
(a) In General.--The Chairman of the Joint Chiefs of Staff and the
Secretary of Defense, acting through the Under Secretary of Defense for
Policy and the Under Secretary of Defense for Intelligence and
Security, shall provide to the House Committee on Armed Services a
quarterly briefing on the security environment in Afghanistan and
United States military operations related to the security of, and
threats emanating from, Afghanistan.
(b) Elements.--Each quarterly briefing under subsection (a) shall
including information relating to the following:
(1) The current security environment in Afghanistan,
including the following:
(A) An assessment of foreign terrorist
organizations operating within Afghanistan, including
the operations of such organizations against targets
inside Afghanistan and abroad.
(B) An assessment of Taliban operations against
Afghan nationals who assisted United States and
coalition forces since 2001.
(2) The disposition of United States forces in the region,
including the following:
(A) An update on United States force posture and
basing activity in the CENTCOM area of operations as
such relates to Afghanistan.
(B) A description of capabilities of forces in the
region to execute operations in Afghanistan.
(C) Relevant updates on ability and effectiveness
of over the horizon operations in Afghanistan.
(3) Relevant updates of foreign military operations in the
region, including the following:
(A) An assessment of foreign military operations in
the region as such relate to Afghanistan.
(B) An assessment of foreign military capabilities
to execute operations in Afghanistan.
(C) An assessment of foreign militaries'
relationships with the Taliban or foreign terrorist
organizations inside Afghanistan.
(c) Timing.--With respect to the quarterly briefings required under
subsection (a)--
(1) the first such quarterly briefing is due not later than
March 31, 2022; and
(2) each subsequent briefing is due each quarter thereafter
until March 31, 2024.
(d) Classification.--Each quarterly briefing under subsection (a)
shall be conducted in a classified format.
SEC. 1217. QUARTERLY REPORT ON THE THREAT POTENTIAL OF AL-QAEDA AND
RELATED TERRORIST GROUPS UNDER A TALIBAN REGIME IN
AFGHANISTAN.
(a) In General.--The Secretary of Defense shall prepare and submit
to the appropriate congressional committees on a quarterly basis a
report on the threat potential of Al-Qaeda and related terrorist groups
under a Taliban regime in Afghanistan.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the implications of Al-Qaeda and related terrorist
groups, including the Islamic State of Iraq and Syria (ISIS), the
Islamic State Khurasan (ISK), and the Haqqani Network, operating within
a Taliban-held Afghanistan, the region, and globally.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1218. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the men and women of the United States Armed Forces
performed heroically by securing Hamid Karzai International
Airport and facilitating the evacuation of thousands of United
States citizens;
(2) these servicemembers have executed the largest
Noncombatant Evacuation Operation (NEO) in United States
history, saving the lives of thousands of men, women, and
children;
(3) these servicemembers should be commended for their
courageous and noble service to their country, having acquitted
themselves in a manner that should make every American proud;
and
(4) the service and lives of the 11 Marines, a sailor, and
a soldier who gave their lives in service of this mission
should be remembered for their valor and humanity, having made
the ultimate sacrifice in service to their Nation.
SEC. 1219. JOINT REPORT ON USING THE SYNCHRONIZED PREDEPLOYMENT AND
OPERATIONAL TRACKER (SPOT) DATABASE TO VERIFY AFGHAN SIV
APPLICANT INFORMATION.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Sate shall submit to appropriate congressional committees a joint
report on the use of the Department of Defense Synchronized
Predeployment and Operational Tracker database (in this section
referred to as the ``SPOT database'') to verify the existence of
Department of Defense contracts and Afghan biographic data for Afghan
special immigrant visa applicants.
(b) Elements of Joint Report.--The joint report required under
subsection (a) shall--
(1) evaluate the improvements in the special immigrant visa
process following the use of the SPOT database to verify
special immigrant visa applications, including the extent to
which use of SPOT expedited special immigrant visa processing,
reduced the risk of fraudulent documents, and the extent to
which the SPOT database could be used for future special
immigrant visa programs;
(2) identify obstacles that persisted in documenting the
identity and employment of locally employed staff and
contractors after the use of the SPOT database in the special
immigrant visa process; and
(3) recommend best practices from the SPOT database that
could be used to implement a centralized interagency database
of information related to personnel conducting work on
executive agency contracts, grants, or cooperative agreements
that can be used to adjudicate special immigrant visas.
(c) Consultation.--For the purposes of preparing the joint report
required under this section, the Secretary of Defense and the Secretary
of State shall consult with the Administrator of the United States
Agency for International Development and the Secretary of Homeland
Security.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committees
on Armed Services of the Senate and House of Representatives, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1220. PROHIBITION ON REMOVAL OF PUBLICLY AVAILABLE ACCOUNTINGS OF
MILITARY ASSISTANCE PROVIDED TO THE AFGHAN SECURITY
FORCES.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2022 may be used to remove from the website of the Department of
Defense or any other agency publicly available accountings of military
assistance provided to the Afghan security forces that was publicly
available online as of July 1, 2021.
SEC. 1220A. SENSE OF CONGRESS RELATING TO KABUL AIR STRIKE.
It is the sense of Congress that--
(1) an investigation by the Commander of United States
Central Command, General Kenneth F. McKenzie, found that an
August air strike in Kabul resulted in the deaths of as many as
ten civilians, including up to seven children;
(2) Secretary of Defense, Lloyd J. Austin III, expressed
condolences to the surviving family members on behalf of the
Department of Defense;
(3) senior defense officials must ensure that there is full
accountability for this tragic mistake;
(4) the Department of Defense must conduct a timely,
comprehensive, and transparent investigation into the events
that led to the deaths of innocent civilians, including
accountability measures to be taken and consideration of the
degree to which strike authorities, procedures, and processes
need to be altered in the future; and
(5) while no amount of recompense can make up for the loss
or grief of the affected families, the United States must
provide appropriate compensation for those families through the
form of ex gratia payments or other means of remuneration.
SEC. 1220B. REQUIREMENT TO ATTEMPT RECOVERY OF AIRCRAFT.
The Secretary of Defense shall use amounts appropriated pursuant to
the authorization under section 1212 to attempt to recover any aircraft
that were provided by the United States to the Afghan security forces
that have been relocated to other countries, including the 46 aircraft
flown to Uzbekistan, during the collapse of the Afghan government.
SEC. 1220C. ADDITIONAL REPORTS REQUIRED OF THE OFFICE OF THE SPECIAL
INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.
The Office of the Special Inspector General for Afghanistan
Reconstruction shall conduct investigations, submit progress reports on
such investigations to the appropriate congressional committees through
the quarterly reports required to be submitted to such committees under
law, and submit to such committees a final report containing summary of
all such investigations with respect to the withdrawal of United States
and allied forces from Afghanistan, which shall, at a minimum, include
the following:
(1) The types of military equipment provided by the United
States to the Afghanistan military or security forces that was
left in Afghanistan after withdrawal of United States forces,
including equipment provided to the Afghan Air Force, whether
the Taliban have control over such equipment, and whether it is
being moved or sold to any third parties.
(2) Whether Afghan government officials fled Afghanistan
with United States taxpayer dollars.
(3) Whether funds made available from the Afghan Security
Force Fund were stolen by Afghan government officials or were
diverted from their originally intended purposes.
(4) Whether equipment provided to Afghanistan military or
security forces was used to assist Afghan government officials
to flee Afghanistan.
SEC. 1220D. REPORT ON EVACUATION OF UNITED STATES CITIZENS FROM HAMID
KARZAI INTERNATIONAL AIRPORT.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the Secretary of
State shall submit to the appropriate congressional committees a report
on the number of United States citizens evacuated from Hamid Karzai
International Airport.
(b) Termination.--The reports required by subsection (a) shall
terminate 30 days after the date on which the final United States
citizen that has requested evacuation from Hamid Karzai International
Airport has been evacuated.
(c) Sense of Congress.--It is the sense of Congress that throughout
the evacuation of American citizens and allies from Afghanistan, the
United States Armed Forces carried out their mission with tremendous
professionalism, compassion, and bravery.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1220E. SENSE OF CONGRESS ON WOMEN AND GIRLS IN AFGHANISTAN.
It is the sense of Congress that--
(1) the international community should condemn acts of
violence against Afghan women and girls; and
(2) Afghan women deserve the right to vote, work, obtain an
education, or otherwise participate in the civic affairs of
Afghanistan.
SEC. 1220F. BRIEFING ON STATUS OF WOMEN AND GIRLS IN AFGHANISTAN.
The Secretary of Defense shall provide to members of Congress a
briefing on the status of women and girls in Afghanistan as a result of
the Taliban rule and after the withdrawal of United States Armed Forces
from the country, in comparison to the preceding decade.
SEC. 1220G. PROHIBITION ON USE OF FUNDS FOR MILITARY COOPERATION OR
INTELLIGENCE SHARING WITH THE TALIBAN.
None of the funds authorized to be appropriated or otherwise made
available by this Act may be used for military cooperation or
intelligence sharing with the Taliban.
SEC. 1220H. THREAT ASSESSMENT OF TERRORIST THREATS POSED BY PRISONERS
RELEASED BY TALIBAN IN AFGHANISTAN.
(a) Threat Assessment.--
(1) In general.--The Director of National Intelligence, in
coordination with the Secretary of Homeland Security, the
Secretary of Defense and the Director of the Federal Bureau of
Investigation, shall conduct a threat assessment of terrorist
threats to the United States posed by the prisoners released by
the Taliban from the Pul-e-Charkhi Prison and Parwan Detention
Facility in Afghanistan.
(2) Elements.--The assessment required under paragraph (1)
shall include the following:
(A) With respect to the prisoners released by the
Taliban from the Pul-e-Charkhi Prison and Parwan
Detention Facility in Afghanistan, information relating
to--
(i) the number of such prisoners who were
released;
(ii) the country of origin for each such
prisoner; and
(iii) any affiliation with a foreign
terrorist organization for each such prisoner.
(B) The capability of the Director of National
Intelligence to identify, track, and monitor such
prisoners and any associated challenges with such
capability.
(C) Any action of the with respect to--
(i) mitigating the terrorist threats to the
United States posed by such prisoners; and
(ii) preventing such prisoners from
entering the United States.
(b) Congressional Notification.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall--
(1) submit to the appropriate congressional committees the
threat assessment required under subsection (a); and
(2) provide a briefing to the appropriate congressional
committees on such assessment.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
congressional defense committees and--
(A) the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 1220I. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES ARMED
FORCES SERVICEMEMBERS IN AFGHANISTAN.
It is the sense of Congress that--
(1) the servicemembers of the United States Armed Forces
who served in Afghanistan represent the very best of the United
States;
(2) the service of those who returned home from war with
wounds seen and unseen, those who died in defense of the
Nation, and those who ultimately lost their lives to suicide
are not forgotten; and
(3) the United States honors these brave members of the
Armed Forces and their families and shall never forget the
services they rendered and the sacrifices they and their
families made in the defense of a grateful Nation.
SEC. 1220J. REPORT AND CERTIFICATION ON THE FATE AND DISPOSITION OF
MILITARY EQUIPMENT BELONGING TO AFGHANISTAN SECURITY
FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall--
(1) certify to the congressional defense committees, with
respect to military equipment that previously belonged to the
Afghanistan security forces and was located in Uzbekistan on
September 11, 2021--
(A) the manner in which it was transferred to a
foreign country and the authority under which the
equipment was so transferred; and
(B) whether, under any circumstances, such
equipment could be transferred to the Taliban or to the
Islamic Emirate of Afghanistan; and
(2) submit to the congressional defense committees a report
on the fate and disposition of military equipment described in
such subsection and a description of the circumstances that led
to the ultimate fate and disposition of such equipment.
SEC. 1220K. PROHIBITION ON FUNDING TO CERTAIN GOVERNMENTS OF
AFGHANISTAN.
None of the funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for Afghanistan
may be made available to any program, project, or activity with the
government of Afghanistan if such government includes one or more
individuals belonging to an organization designated pursuant to section
219 of the Immigration and Nationality Act (8 U.S.C. 1189) as a foreign
terrorist organization.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) In General.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3451) is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022''.
(b) Notice Before Provision of Assistance.--Subsection (b)(2)(A) of
such section is amended by striking ``or fiscal year 2021'' and
inserting ``fiscal year 2021, or fiscal year 2022''.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113
note) is amended--
(1) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022''; and
(2) by striking ``$25,000,000'' and inserting
``$30,000,000''.
(b) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2021'' and inserting ``fiscal year 2022''.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND
SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022''; and
(2) by striking ``$322,500,000'' and inserting
``$345,000,000''.
(c) Limitation on Availability of Funds.--
(1) In general.--Of the amounts made available for fiscal
year 2021 (and available for obligation as of the date of the
enactment of this Act) and fiscal year 2022 to carry out
section 1236 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3558), not more than 50 percent may be
obligated or expended until the date on which the Secretary of
Defense and the Secretary of State submit to appropriate
congressional committees a report that contains the following:
(A) A comprehensive strategy and plan to train and
build lasting and sustainable military capabilities of
the Iraqi security forces using existing authorities.
(B) A whole-of-government plan to engage the
Government of Iraq and the Kurdistan Regional
Government in security sector reform to
professionalize, strengthen, and sustainably build the
capacity of Iraq's national defense and security
institutions.
(C) A description of the current status,
capabilities, and operational capacity of remaining
Islamic State of Iraq and Syria elements active in Iraq
and Syria.
(2) Additional reporting requirement.--The Secretary of
Defense and Secretary of State shall submit to appropriate
congressional committees a report that contains information
relating to any gross violations of human rights committed by
units of the Iraqi security forces.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 1224. PROHIBITION OF TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available, directly or indirectly, to the Badr Organization.
SEC. 1225. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available to transfer or facilitate a transfer of pallets of currency,
currency, or other items of value to the Government of Iran, any
subsidiary of such Government, or any agent or instrumentality of Iran.
SEC. 1226. REPORT ON IRAN-CHINA MILITARY TIES.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter for 4 years, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that includes a detailed
assessment of--
(1) military ties between China and Iran since the
expiration of United Nations Security Resolution 2231 in
October 2020, including in the form of joint drills, weapons
transfers, military visits, illicit procurement activities, and
other sources of Chinese material support for Iranian military
capabilities; and
(2) the direct or indirect impact that the suspension,
issuance, or revocation of any waiver, license, or suspension
of economic sanctions on Iran may have on the use or
effectiveness of such tools.
SEC. 1227. REPORT ON IRANIAN MILITARY CAPABILITIES.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that includes a detailed
description of--
(1) improvements to Iranian military capabilities in the
preceding 180-day period, including capabilities of the Islamic
Revolutionary Guard Corps, the Quds Force, the Artesh, and the
Basij, as well as those of its terrorist proxies;
(2) all instances of the supply, sale, or transfer of arms
or related materiel, including spare parts, to or from Iran as
well as all instances of missile launches by Iran, including
for the purposes of testing and development or use in military
operations; and
(3) the direct or indirect impact that the suspension,
issuance, or revocation of any waiver, license, or suspension
of economic sanctions on Iran may have on the military
capabilities described in paragraph (1).
SEC. 1228. REPORT ON IRANIAN TERRORIST PROXIES.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that includes a detailed
description of--
(1) improvements to the military capabilities of Iran-
backed militias, including Lebanese Hezbollah, Asa'ib ahl al-
Haq, Harakat Hezbollah al-Nujaba, Kata'ib Sayyid al-Shuhada,
Kata'ib al-Imam Ali, Kata'ib Hezbollah, the Badr Organization,
the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as
the Houthis); and
(2) the direct or indirect impact that the suspension,
issuance, or revocation of any waiver, license, or suspension
of economic sanctions on Iran may have on such capabilities.
SEC. 1229. SENSE OF CONGRESS REGARDING ISRAEL.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest
friends and allies of the United States;
(2) Israel is a stable, democratic country in a region
often marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer full security assistance and
related support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the
present time, including continuing threats from Iran.
SEC. 1229A. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY IRAN.
It is the sense of Congress that--
(1) the Government of Iran's decision to enrich uranium up
to 60 percent purity is a further escalation and shortens the
breakout time to produce enough highly enriched uranium to
develop a nuclear weapon; and
(2) the Government of Iran should immediately abandon any
pursuit of a nuclear weapon.
SEC. 1229B. REPORT ON IRANIAN OPERATIONS ON UNITED STATES SOIL.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report, including a strategy described in
subsection (b)(4), that contains a description of malign operations by
Iran conducted on United States soil.
(b) Elements.--The report required by subsection (a) shall also
include the following elements:
(1) A public list of all Iran-backed terrorist attacks,
kidnapping, export violations, sanctions busting activities,
cyber-attacks, and money laundering operations on United States
soil since 1979, including attempts at such activities that
resulted in the filing of criminal charges.
(2) The actions of the United States in response to each
activity or attempted activity listed pursuant to paragraph
(1).
(3) A description of what persons, entities, and
governments have aided Iran in such malign activities on United
States soil, including terrorist organizations.
(4) A strategy to prevent Iran from kidnapping American
citizens and to deter Iran from conducting or planning
operations such as the foiled plot to kidnap Masih Alinejad.
(c) Form.--The report and strategy required by subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
It shall also be publicly available on a website operated by the
Federal Government.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives.
SEC. 1229C. CONGRESSIONAL NOTIFICATION REGARDING CRYPTOCURRENCY
PAYMENTS BY THE DEPARTMENT OF STATE.
(a) In General.--Subsection (e) of section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended by
adding at the end the following new paragraph:
``(7) Notification.--The Secretary of State shall notify
the appropriate congressional committees not later than 15 days
before payment in cryptocurrency of a reward under this
section.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on the use of
cryptocurrency as a part of the Department of State Rewards Program
pursuant to section 36 of the of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708). Such report shall--
(1) explain why the Department of State made the
determination to pay out rewards in cryptocurrency;
(2) lists each cryptocurrency payment already paid by the
Department;
(3) provides evidence as to why cryptocurrency payments
would be more likely to induce whistleblowers to come forward
with information than rewards paid out in United States dollars
or other prizes;
(4) analyzes how the Department's use of cryptocurrency
could undermine the dollar's status as the global reserve
currency; and
(5) examines if the Department's use of cryptocurrency
could provide bad actors with additional hard-to-trace funds
that could be used for criminal or illicit purposes.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Foreign Relations of the Senate.
SEC. 1229D. SUPPORT FOR FORCES IN IRAQ OPERATING IN THE NINEVEH PLAINS
REGION OF IRAQ.
(a) Sense of Congress.--It is the sense of Congress that the United
States should work with the Government of Iraq to ensure the safe and
voluntary return of ethno-religious minority populations to their home
communities in the Nineveh Plains region of Iraq.
(b) Strategy.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
departments and agencies, shall provide to the appropriate
congressional committees a strategy to assist the Government of
Iraq and relevant local authorities with the safe return of
ethno-religious minorities displaced by violence in the Nineveh
Plains region of Iraq.
(2) Elements.--The strategy required by this subsection
should include the following:
(A) A strategy to support a political and security
climate that allows ethno-religious minorities in the
Nineveh Plains region to safely and voluntarily return
to their home communities as well as to administer and
secure their own areas in cooperation with federal
authorities.
(B) An assessment of the impact of the Iraq and
Syria Genocide Relief and Accountability Act of 2018
(Public Law 115-300) on return rates of vulnerable,
indigenous, ethno-religious groups, including Assyrians
and Yazidis, in those areas of the Nineveh Plains
region in which funds have been spent.
(C) A description of the progress of and ability to
integrate minority security forces previously trained
by Combined Joint Task Force-Operation Inherent Resolve
(CJTF-OIR), such as the Nineveh Plain Protection Units,
into the formal and permanent Iraqi state institutions.
(D) A description of the negative impact of
Iranian-backed militias, such as PMF Brigades 30 and
50, on rates of return to, and ongoing safety of
communities within, the Nineveh Plains region.
SEC. 1229E REPORT ON THE THREAT POSED BY IRANIAN-BACKED MILITIAS IN
IRAQ.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the appropriate congressional
committees a report on the short- and long-term threats posed by
Iranian-backed militias in Iraq to Iraq and to United States persons
and interests.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A detailed description of acts of violence and
intimidation that Iranian-backed militias in Iraq have
committed against Iraqi civilians during the previous two
years.
(2) A detailed description of the threat that Iranian-
backed militias in Iraq pose to United States persons in Iraq
and in the Middle East, including United States Armed Forces
and diplomats.
(3) A detailed description of the threat Iranian-backed
militias in Iraq pose to United States partners in the region.
(4) A detailed description of the role that Iranian-backed
militias in Iraq, including the Badr Corps, play in Iraq's
armed forces and security services, including Iraq's Popular
Mobilization Forces.
(5) An assessment of whether, and to what extent, any
Iranian-backed militia in Iraq, or member of such militia, was
provided assistance directly or indirectly from the Department
of Defense or had illicit access to United States-origin
defense equipment provided to Iraq since 2014 and the response
from the Government of Iraq to each incident.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex only if such
annex is provided separately from the unclassified report.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
Foreign Relations of the Senate.
SEC. 1229F. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Committee on Armed Services and
the Committee on Foreign Affairs of the House of Representatives and
Committee on Armed Services and the Committee on Foreign Relations of
the Senate a report that includes a detailed description of the
following:
(1) An assessment of the United Nations arms embargo on
Iran and its effectiveness in constraining Iran's ability to
supply, sell, or transfer, directly or indirectly, arms or
related materiel, including spare parts, while the embargo was
in effect.
(2) The measures that the Departments of Defense and State
are taking, in the absence of such a United Nations arms
embargo on Iran, to constrain Iranian arms proliferation and
advance an equally robust, global prohibition on the supply,
sale, or transfer, of weapons to or from Iran.
SEC. 1229G. REPORT ON IRGC-AFFILIATED OPERATIVES ABROAD.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the President shall submit to the
Committee on Armed Services and the Committee on Foreign Affairs of the
House of Representatives and Committee on Armed Services and the
Committee on Foreign Relations of the Senate a report that includes a
detailed description of the following:
(1) All IRGC-affiliated operatives serving in diplomatic
and consular posts outside of Iran.
(2) The ways in which the Department of Defense, in
coordination with the Department of State, is working with
partner countries to inform them of the threat posed by IRGC-
affiliated operatives, who are also operatives of a designated
foreign terrorist organization, and to reduce the presence of
such operatives.
Subtitle D--Matters Relating to Russia
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by
striking ``2020, or 2021'' and inserting ``2020, 2021, or 2022''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF RUSSIA OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the restriction on the obligation or
expenditure of funds required by subsection (a) if the Secretary of
Defense--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits a notification of the waiver, at the time the
waiver is invoked, to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended as follows:
(1) In subsection (c)--
(A) in paragraph (1), by striking ``funds available
for fiscal year 2021 pursuant to subsection (f)(6)''
and inserting ``funds available for fiscal year 2022
pursuant to subsection (f)(7)'';
(B) in paragraph (3), by striking ``fiscal year
2021'' and inserting ``fiscal year 2022''; and
(C) in paragraph (5), by striking ``Of the funds
available for fiscal year 2021 pursuant to subsection
(f)(6), $75,000,000 shall be available'' and inserting
``Of the funds available for fiscal year 2022 pursuant
to subsection (f)(7), $50,000,000 shall be available''.
(2) In subsection (f), by adding at the end the following:
``(7) For fiscal year 2022, $300,000,000.''.
(3) In subsection (h), by striking ``December 31, 2023''
and inserting ``December 31, 2024''.
SEC. 1234. REPORT ON OPTIONS FOR ASSISTING THE GOVERNMENT OF UKRAINE IN
ADDRESSING INTEGRATED AIR AND MISSILE DEFENSE GAPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States remains a steadfast partner of
Ukraine; and
(2) it is in the United States national security interest
assist the Government of Ukraine in countering Russian military
aggression.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on options for how the United States could
support the Government of Ukraine in addressing integrated air and
missile defense gaps. Such report shall include options for the foreign
military sale of United States systems or the transfer of existing
systems that are not being allocated through global force management.
SEC. 1235. BIENNIAL REPORT ON RUSSIAN INFLUENCE OPERATIONS AND
CAMPAIGNS TARGETING MILITARY ALLIANCES AND PARTNERSHIPS
OF WHICH THE UNITED STATES IS A MEMBER.
(a) Report Required.--Not later than April 1, 2022, and on a
biennial basis thereafter until April 1, 2024, the Secretary of Defense
and the Secretary of State, in coordination with the Director of
National Intelligence and the heads of any other appropriate department
or agency, shall jointly submit to the appropriate congressional
committees a report on Russian influence operations and campaigns that
target United States military alliances and partnerships.
(b) Elements.--The report required under subsection (a) shall
include each of the following:
(1) An assessment of Russia's objectives for influence
operations and campaigns targeting United States military
alliances and partnerships and how such objectives relate to
Russia's broader strategic aims.
(2) The activities and roles of the Department of Defense
and Department of State in the United States government
strategy to counter such Russian influence operations and
campaigns.
(3) A comprehensive list of specific Russian state and non-
state entities, or those of any other country with which Russia
may cooperate, involved in supporting such Russian influence
operations and campaigns and the role of each entity in such
support.
(4) An identification of the tactics, techniques, and
procedures used in previous Russian influence operations and
campaigns.
(5) An assessment of the impact of previous Russian
influence operations and campaigns targeting United States
military alliances and partnerships, including the views of
senior Russian officials about the effectiveness of such
operations and campaigns in achieving Russian objectives.
(6) An identification of each United States ally and
partner, and each military alliance of which the United States
is a member, that has been targeted by Russian influence
operations and campaigns.
(7) An identification of each United States ally and
partner, and each military alliance of which the United States
is a member, that may be targeted in future Russian influence
operations and campaigns, and an assessment of the likelihood
that each such ally, partner, or alliance will be targeted.
(8) An identification of tactics, techniques, and
procedures likely to be used in future Russian influence
operations and campaigns targeting United States military
alliances and partnerships.
(9) Recommended authorities or activities for the
Department of Defense and Department of State in the United
States government strategy to counter such Russian influence
operations and campaigns.
(10) Any other matters the Secretaries determine
appropriate.
(c) Form; Updates.--
(1) Form.--The report required under subsection (a) shall
be submitted in unclassified form and in a manner appropriate
for release to the public, but may include a classified annex.
(2) Updates.--Each report submitted pursuant to subsection
(a) after the submission of the first report shall highlight
changes and new developments that have occurred since the
previous report and may omit to restate in full the contents of
any previous report.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
(2) United states military alliances and partnerships.--The
term ``United States military alliances and partnerships''
includes each military alliance or partnership of which the
United States is a member.
SEC. 1236. SENSE OF CONGRESS ON GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend of the United States and has
repeatedly demonstrated its commitment to advancing the mutual
interests of both countries, including strong participation in
the State Partnership Program of the National Guard between the
Georgia National Guard and the Georgian armed forces.
(2) The contributions of the Georgian armed forces have
been remarkable with members of the Georgia National Guard
having fought side-by-side with Georgian soldiers in Iraq and
Afghanistan.
(3) Georgia's geographic location gives it strategic
importance as a transit corridor.
(4) The resilience of Georgia's democratic institutions is
critical to its Euro-Atlantic integration.
(b) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) reaffirm support for an enduring strategic partnership
between the United States and Georgia;
(2) support Georgia's sovereignty and territorial integrity
within its internationally recognized borders and not recognize
the independence of the Abkhazia and South Ossetia regions
currently occupied by the Russian Federation;
(3) continue support for multi-domain security assistance
for Georgia in the form of lethal and non-lethal measures to
build resiliency, bolster deterrence against Russian
aggression, and promote stability in the region, by--
(A) strengthening defensive capabilities and
promote readiness; and
(B) improving interoperability with NATO forces;
(4) further enhance security cooperation and engagement
with Georgia and other Black Sea regional partners; and
(5) continue to work with Georgia's political leaders to
strengthen Georgia's democratic institutions.
SEC. 1237. COOPERATION BETWEEN THE UNITED STATES AND UKRAINE REGARDING
THE TITANIUM INDUSTRY.
(a) Sense of Congress.--It is the sense of the Congress that
cooperation in the titanium industry is a strategic priority in United
States-Ukraine relations.
(b) Statement of Policy.--It is the policy of the United States to
engage with the government of Ukraine in cooperation in the titanium
industry as an alternative to Chinese and Russian sources on which the
United States and European defense industrial bases currently depend.
(c) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report that describes the
feasibility of utilizing titanium sources from Ukraine as a potential
alternative to Chinese and Russian sources for the defense industrial
base.
(d) Form.--The report required by subsection (c) shall be submitted
in unclassified form, but may include a classified annex.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means the Committees on
Armed Services and on Foreign Relations of the Senate and the
Committees on Armed Services and on Foreign Affairs of the House of
Representatives.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1241. SENSE OF CONGRESS ON A FREE AND OPEN INDO-PACIFIC REGION.
It is the sense of Congress that--
(1) the United States is steadfast in its commitment to
upholding the rules-based international order, freedom of
navigation, and shared values in a free and open Indo-Pacific
region;
(2) maintenance of a free and open Indo-Pacific region is
essential to global security and crucial to the national
security objectives of the United States, its allies, and
partners;
(3) United States alliances and partnerships are the
cornerstone of efforts to deter aggression and counter malign
activity by the Governments of the People's Republic of China
and the Democratic People's Republic of North Korea, and to
ensure the maintenance of a free and open Indo-Pacific region;
(4) the United States remains steadfast in its commitments
to allies and partners against aggression and malign activity,
and will continue to strengthen cooperation in bilateral
relationships, multilateral partnerships such as the Quad, and
other international fora to uphold global security and shared
principles;
(5) the United States should continue to invest in enhanced
military posture and capabilities in the United States Indo-
Pacific Command area of responsibility; and
(6) the United States condemns the People's Republic of
China's ongoing genocide and violation of fundamental human
rights in Xinjiang.
SEC. 1242. CLARIFICATION OF REQUIRED BUDGET INFORMATION RELATED TO THE
INDO-PACIFIC.
Section 1251(e) of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended by adding at the end
the following:
``(10) A description of the manner and extent to which the
amounts, summaries, and comparisons required by this subsection
directly address the items identified in--
``(A) the independent assessment required under
section 1253 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92); and
``(B) the plan required by subsection (d).''.
SEC. 1243. REPORT ON COOPERATION BETWEEN THE NATIONAL GUARD AND TAIWAN.
(a) Report.--Not later than February 15, 2022, the Secretary of
Defense shall submit to appropriate congressional committees a report
on the feasibility and advisability of enhanced cooperation between the
National Guard and Taiwan. Such report shall include the following:
(1) A description of the cooperation between the National
Guard and Taiwan during the 10 preceding calendar years,
including mutual visits, exercises, training, and equipment
opportunities.
(2) An evaluation of the feasibility and advisability of
enhancing cooperation between the National Guard and Taiwan on
a range of activities, including--
(A) disaster and emergency response;
(B) cyber defense and communications security;
(C) military medical cooperation;
(D) cultural exchange and education of members of
the National Guard in Mandarin Chinese; and
(E) programs for National Guard advisors to assist
in training the reserve components of the military
forces of Taiwan.
(3) Recommendations to enhance such cooperation and improve
interoperability, including through familiarization visits,
cooperative training and exercises, and co-deployments.
(4) Any other matter the Secretary of Defense determines
appropriate.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate.
SEC. 1244. REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than January 31, 2022, and annually
thereafter until January 31, 2026, the Secretary of Defense, in
consultation with the heads of other Federal departments and agencies
as appropriate, shall submit to the appropriate congressional
committees a report, in both classified and unclassified form, on
military and security developments involving the People's Republic of
China.
(b) Matters to Be Addressed.--The report required by subsection (a)
shall address the following:
(1) The current and probable future course of military-
technological development of the People's Liberation Army and
the tenets and probable development of Chinese security
strategy and military strategy, and of military organizations
and operational concepts, through the next 20 years.
(2) United States-China engagement and cooperation on
security matters during the period covered by the report,
including through United States-China military-to-military
contacts, and the United States strategy for such engagement
and cooperation in the future.
(c) Matters to Be Included.--The report required by subsection (a)
shall include analyses and forecasts of the following:
(1) The objectives, factors, and trends shaping Chinese
security strategy and military strategy.
(2) Developments in China's defense policy, military
strategy, and the roles and missions of the People's Liberation
Army.
(3) The People's Liberation Army's role in the Chinese
Communist Party, including the structure and leadership of the
Central Military Commission.
(4) Developments in the People's Liberation Army's military
doctrine, operational concepts, joint command and
organizational structures, and significant military operations
and deployments.
(5) Trends and developments in the People's Liberation
Army's budget and resources and strategies and policies related
to science and technology, defense industry reform, and China's
use of espionage and technology transfers.
(6) Developments and future course of the People's
Liberation Army's theater and functional commands, including
their roles and missions, structure, and the size, location,
and capabilities of their strategic, land, sea, air, and other
forces, and the strengths or weaknesses thereof.
(7) A detailed summary of the order of battle of the
People's Liberation Army, including--
(A) anti-access and area denial capabilities;
(B) ballistic and cruise missile inventories;
(C) cyberwarfare and electronic warfare
capabilities;
(D) space and counter space programs and
capabilities;
(E) nuclear program and capabilities; and
(F) command, control, communications, computers,
intelligence, surveillance, and reconnaissance
modernization program and capabilities.
(8) Developments relating to the China Coast Guard.
(9) Developments in the People's Liberation Army's overseas
presence, including military basing, military logistics
capabilities and infrastructure, access to foreign ports or
military bases, and whether such presence could affect United
States national security or defense interests.
(10) The relationship between Chinese overseas investment
and Chinese security and military strategy objectives.
(11) A description of any significant sale or transfer of
military hardware, expertise, and technology to or from the
People's Republic of China, including a forecast of possible
future sales and transfers.
(12) Efforts, including by espionage and technology
transfers through investment, by China to develop, acquire, or
gain access to advanced technologies that would enhance
military capabilities.
(13) The People's Liberation Army's internal security role
and its affiliations with the People's Armed Police and other
Chinese law enforcement, intelligence, and paramilitary
entities, including any activities supporting or implementing
mass surveillance, mass detentions, forced labor, or other
gross violations of human rights.
(14) A description of Chinese military-to-military
relationships with other countries, including the Russian
Federation.
(15) China's strategy regarding Taiwan and the security
situation in the Taiwan Strait.
(16) A description of China's maritime strategy, its
military and nonmilitary activities in the South China Sea and
East China Sea, to include roles and activities of the People's
Liberation Army and China's maritime law enforcement and
paramilitary organizations.
(17) The current state of United States military-to-
military contacts with the People's Liberation Army, including
a summary of such contacts during the period covered by the
report, a description of such contacts for the 12-month period
following the report, the Secretary's assessment of the
benefits of such contacts, and the Secretary's certification
whether or not any military-to-military exchange or contact was
conducted during the period covered by the report in violation
of section 1201(a) of the National Defense Authorization Act
for Fiscal Year 2000 (10 U.S.C. 311 note).
(18) Other significant military and security developments
involving China that the Secretary of Defense considers
relevant to United States national security.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 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.
(a) In General.--Not later than April 1, 2022, and on a biennial
basis thereafter until April 1, 2024, the Secretary of Defense and the
Secretary of State, in coordination with the Director of National
Intelligence and the heads of other Federal departments and agencies as
appropriate, shall submit to the appropriate congressional committees a
report on the influence operations and campaigns of the Government of
the People's Republic of China (PRC) targeting military alliances and
partnerships of which the United States is a member.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of the PRC Government's objectives in
such operations and campaigns and how such objectives relate to
the PRC Government's broader strategic aims.
(2) The activities and roles of the Department of Defense
and Department of State in the United States Government
strategy to counter such influence operations and campaigns of
the PRC Government.
(3) A comprehensive list of specific PRC state and non-
state entities, or any other states with which the PRC may
cooperate, involved in supporting such operations and campaigns
and the role of each such entity in supporting such operations
and campaigns.
(4) An identification of the tactics, techniques, and
procedures used in previous influence operations and campaigns
of the PRC Government.
(5) An assessment of the impact of previous influence
operations and campaigns of the PRC Government, including the
views of senior PRC Government officials about their
effectiveness in achieving PRC Government objectives.
(6) An identification of all United States military
alliances and partnerships that have been targeted by influence
operations and campaigns of the PRC Government.
(7) An identification of all United States military
alliances and partnerships that may be targeted in future
influence operations and campaigns of the PRC Government and an
assessment of the likelihood that each such partnership or
alliance will be targeted.
(8) An identification of tactics, techniques, and
procedures likely to be used in future influence operations and
campaigns of the PRC Government.
(9) Recommended authorities or activities for the
Department of Defense and Department of State in the United
States Government strategy to counter such influence operations
and campaigns of the PRC Government.
(10) Any other matters the Secretaries determine to be
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form and appropriate for release to the public, but may
include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1246. REPORT ON EFFORTS BY THE PEOPLE'S REPUBLIC OF CHINA TO
EXPAND ITS PRESENCE AND INFLUENCE IN LATIN AMERICA AND
THE CARIBBEAN.
(a) Report.--Not later than June 15, 2022, the Secretary of
Defense, with the concurrence of the Secretary of State and in
coordination with the Secretary of the Treasury and the Director of
National Intelligence, shall submit to the appropriate congressional
committees a report that identifies efforts by the Government of the
People's Republic of China to expand its presence and influence in
Latin America and the Caribbean through diplomatic, military, economic,
and other means, and describes the implications of such efforts on the
United States' national defense and security interests.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An identification of--
(A) countries of Latin America and the Caribbean
with which the Government of the People's Republic of
China maintains especially close diplomatic, military,
and economic relationships;
(B) the number and content of strategic partnership
agreements or similar agreements, including any non-
public, secret, or informal agreements, that the
Government of the People's Republic of China has
established with countries and regional organizations
of Latin America and the Caribbean;
(C) countries of Latin America and the Caribbean
that have joined the Belt and Road Initiative or the
Asian Infrastructure Investment Bank;
(D) countries of Latin America and the Caribbean to
which the Government of the People's Republic of China
provides foreign assistance or disaster relief,
including access to COVID-19 vaccines, including a
description of the amount and purpose of, and any
conditions attached to, such assistance;
(E) countries and regional organizations of Latin
America and the Caribbean in which the Government of
the People's Republic of China, including its state-
owned or state-directed enterprises and banks, have
undertaken significant investments, infrastructure
projects, and correspondent banking and lending
activities at the regional, national, and subnational
levels;
(F) recent visits by senior officials of the
Government of the People's Republic of China, including
its state-owned or state-directed enterprises and
banks, to Latin America and the Caribbean, and visits
by senior officials from Latin America and the
Caribbean to the People's Republic of China;
(G) the existence of any defense exchanges,
military or police education or training, and exercises
between any military or police organization of the
Government of the People's Republic of China and
military, police, or security-oriented organizations of
countries of Latin America and the Caribbean;
(H) countries and regional organizations of Latin
America and the Caribbean that maintain diplomatic
relations with Taiwan;
(I) any steps that the Government of the People's
Republic of China has taken to encourage countries and
regional organizations of Latin America and the
Caribbean to switch diplomatic relations to the
People's Republic of China instead of Taiwan; and
(J) any other matters the Secretary of Defense and
the Secretary of State determine is appropriate.
(2) A detailed description of--
(A) the relationship between the Government of the
People's Republic of China and the Government of
Venezuela and the Government of Cuba;
(B) Government of the People's Republic of China
military installations, assets, and activities in Latin
America and the Caribbean that currently exist or are
planned for the future;
(C) sales or transfers of defense articles and
services by the Government of the People's Republic of
China to countries of Latin America and the Caribbean;
(D) a comparison of sales and transfers of defense
articles and services to countries of Latin America and
the Caribbean by the Government of the People's
Republic of China, the Russian Federation, and the
United States;
(E) any other form of military, paramilitary, or
security cooperation between the Government of the
People's Republic of China and the governments of
countries of Latin America and the Caribbean;
(F) the nature, extent, and purpose of the
Government of the People's Republic of China's
intelligence activities in Latin America and the
Caribbean;
(G) the Government of the People's Republic of
China's role in transnational crime in Latin America
and the Caribbean, including trafficking and money
laundering and including any links to the People's
Liberation Army;
(H) efforts by the Government of the People's
Republic of China to expand the reach and influence of
its financial system within Latin America and the
Caribbean, through banking activities and payments
systems and through goods and services related to the
use of the digital yuan; and
(I) efforts by the Government of the People's
Republic of China to build its media presence in Latin
America and the Caribbean, and any government-directed
disinformation or information warfare campaigns in the
region, including for military purposes or with ties to
the People's Liberation Army.
(3) An assessment of--
(A) the specific objectives that the Government of
the People's Republic of China seeks to achieve by
expanding its presence and influence in Latin America
and the Caribbean, including any objectives articulated
in official documents or statements;
(B) whether certain investments by the Government
of the People's Republic of China, including in port
projects, canal projects, and telecommunications
projects in Latin America and the Caribbean, could have
military uses or dual use capability or could enable
the Government of the People's Republic of China to
monitor or intercept United States or host nation
communications;
(C) the degree to which the Government of the
People's Republic of China uses its presence and
influence in Latin America and the Caribbean to
encourage, pressure, or coerce governments in the
region to support its defense and national security
goals, including policy positions taken by it at
international institutions;
(D) documented instances of governments of
countries of Latin America and the Caribbean silencing,
or attempting to silence, local critics of the
Government of the People's Republic of China, including
journalists, academics, and civil society
representatives, in order to placate the Government of
the People's Republic of China;
(E) the rationale for the Government of the
People's Republic of China becoming an observer at the
Organization of American States and a non-borrowing
member of the Inter-American Development Bank and the
Caribbean Development Bank;
(F) the relationship between the Government of the
People's Republic of China and the Community of Latin
American and Caribbean States (CELAC), a regional
organization that excludes the United States, and the
role of the China-CELAC Forum in coordinating such
relationship; and
(G) the specific actions and activities undertaken
by the Government of the People's Republic of China in
Latin America and the Caribbean that present the
greatest threat or challenge to the United States'
defense and national security interests in the region.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.
(d) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Financial
Services, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of
the Senate.
(2) Latin america and the caribbean.--The terms ``Latin
America and the Caribbean'' and ``countries of Latin America
and the Caribbean'' mean the countries and non-United States
territories of South America, Central America, the Caribbean,
and Mexico.
SEC. 1247. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) and the Six Assurances provided by the United
States to Taiwan in July 1982 are the foundation for United
States-Taiwan relations;
(2) as set forth in the Taiwan Relations Act, the United
States decision to establish diplomatic relations with the
People's Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful means, and that
any effort to determine the future of Taiwan by other than
peaceful means, including boycotts and embargoes, is of grave
concern to the United States;
(3) the increasingly coercive and aggressive behavior of
the People's Republic of China toward Taiwan is contrary to the
expectation of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity
to resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic
system, of the people on Taiwan should be maintained;
(5) the United States should continue to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain a sufficient self-defense
capability, including by--
(A) supporting acquisition by Taiwan of defense
articles and services through foreign military sales,
direct commercial sales, and industrial cooperation,
with an emphasis on capabilities that support the
asymmetric defense strategy of Taiwan, including anti-
ship, coastal defense, anti-armor, air defense,
undersea warfare, advanced command, control,
communications, computers, intelligence, surveillance,
and reconnaissance, and resilient command and control
capabilities;
(B) ensuring timely review of and response to
requests of Taiwan for defense articles and services;
(C) conducting practical training and military
exercises with Taiwan that enable Taiwan to maintain a
sufficient self- defense capability, as described in
the Taiwan Relations Act;
(D) exchanges between defense officials and
officers of the United States and Taiwan at the
strategic, policy, and functional levels, consistent
with the Taiwan Travel Act (Public Law 115-135; 132
Stat. 341), especially for the purposes of--
(i) enhancing cooperation on defense
planning;
(ii) improving the interoperability of the
military forces of the United States and
Taiwan; and
(iii) improving the reserve force of
Taiwan;
(E) identifying improvements in Taiwan's ability to
use asymmetric military capabilities to enhance its
defensive capabilities, as described in the Taiwan
Relations Act; and
(F) expanding cooperation in humanitarian
assistance and disaster relief; and
(6) the United States should be committed to the defense of
a free and open society in the face of aggressive efforts by
the Government of the People's Republic of China to curtail or
influence the free exercise of rights and democratic franchise.
SEC. 1248. SENSE OF CONGRESS ON INVITING TAIWAN TO THE RIM OF THE
PACIFIC EXERCISE.
It is 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.
SEC. 1249. SENSE OF CONGRESS ON ENHANCING DEFENSE AND SECURITY
COOPERATION WITH SINGAPORE.
It is the sense of Congress as follows:
(1) The United States and Singapore have built a strong,
enduring, and forward-looking strategic partnership based on
long-standing and mutually beneficial cooperation, including
through security, defense, economic, and people-to-people ties.
(2) Robust security cooperation between the United States
and Singapore is crucial to promoting peace and stability in
the Indo-Pacific region.
(3) The status of Singapore as a ``Major Security
Cooperation Partner'' of the United States, as recognized in
the Strategic Framework Agreement between the United States and
the Republic of Singapore for a Closer Partnership in Defense
and Security, done at Washington, D.C. on July 12, 2005, plays
an important role in the global network of strategic
partnerships, especially in promoting maritime security and
countering terrorism.
(4) The United States values Singapore's provision of
access to its military facilities, which supports the continued
security presence of the United States in Southeast Asia and
across the Indo-Pacific region.
(5) The United States should continue to welcome the
presence of the military forces of Singapore in the United
States for exercises and training, and should consider
opportunities to expand such activities at additional locations
in the United States as appropriate, including through
cooperation mechanisms such as the memorandum of understanding
agreed to by the United States and Singapore in December 2019
to establish a fighter jet training detachment in Guam.
(6) The United States should continue to strengthen all
aspects of the bilateral defense relationship with Singapore,
which benefitted from the signing of the 2015 enhanced Defense
Cooperation Agreement to expand cooperation in the military,
policy, strategic and technology spheres, as well as
cooperation in non-conventional security areas such as piracy
and transnational terrorism, humanitarian assistance and
disaster relief, cyber-security, and biosecurity.
(7) As the United States and Singapore have renewed the
1990 Memorandum of Understanding Regarding the United States
Use of Facilities in Singapore and mark the 55th anniversary of
bilateral relations in 2021, the United States should--
(A) continue to enhance defense and security
cooperation with Singapore to promote peace and
stability in the Indo-Pacific region based on common
interests and shared values;
(B) reinforce the status of Singapore as a major
security cooperation partner of the United States; and
(C) explore additional steps to better facilitate
interoperability between the United States Armed Forces
and the military forces of Singapore to promote peace
and stability in the Indo-Pacific region.
SEC. 1250. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) South Korea continues to be a critical ally of the
United States;
(2) the presence of United States Armed Forces in South
Korea serves as a strong deterrent against North Korean
military aggression and as a critical support platform for
national security engagements in the Indo-Pacific region;
(3) the presence of approximately 28,500 members of the
United States Armed Forces deployed to South Korea serves not
only as a stabilizing force to the Korean peninsula but also as
a reassurance to all our allies in the region; and
(4) the United States should continue to--
(A) maintain and strengthen its bilateral
relationship with South Korea and with other regional
allies such as Japan; and
(B) maintain its existing robust military presence
in South Korea to deter aggression against the United
States and its allies and partners.
SEC. 1251. SENSE OF CONGRESS WITH RESPECT TO QATAR.
It is the sense of Congress that--
(1) the United States and the country of Qatar have built a
strong, enduring, and forward-looking strategic partnership
based on long-standing and mutually beneficial cooperation,
including through security, defense, and economic ties;
(2) robust security cooperation between the United States
and Qatar is crucial to promoting peace and stability in the
Middle East region;
(3) Qatar plays a unique role as host of the forward
headquarters for the United States Central Command, and that
partnership facilitates United States coalition operations
countering terrorism;
(4) Qatar is a major security cooperation partner of the
United States, as recognized in the 2018 Strategic Dialogue and
the 2019 Memorandum of Understanding to expand Al Udeid Air
Base to improve and expand accommodation for United States
military personnel;
(5) the United States values Qatar's provision of access to
its military facilities and its management and financial
assistance in expanding the Al Udeid Air Base, which supports
the continued security presence of the United States in the
Middle East region; and
(6) the United States should continue to strengthen the
relationship between the United States and Qatar, including
through security and economic cooperation.
SEC. 1252. STATEMENT OF POLICY.
(a) In General.--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.
(b) Definitions.--In this section:
(1) Covered defense partner.--The term ``covered defense
partner'' means a partner identified in the ``Department of
Defense Indo-Pacific Strategy Report'' issued on June 1, 2019,
located within 100 miles off the coast of a strategic
competitor.
(2) Fait accompli.--The term ``fait accompli'' means the
strategy of a strategic competitor designed to allow such
strategic competitor to use military force to seize control of
a covered defense partner before the United States Armed Forces
are able to respond effectively.
(3) Strategic competitor.--The term ``strategic
competitor'' means a country labeled as a strategic competitor
in the ``Summary of the 2018 National Defense Strategy of the
United States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense pursuant
to section 113 of title 10, United States Code.
SEC. 1253. REPORT ON INTELLIGENCE MATTERS REGARDING TAIWAN.
(a) In General.--Consistent with section 3(c) of the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), and consistent with
the protection of intelligence sources and methods, not later than 180
days after the date of the enactment of this Act, the Director of
National Intelligence, in consultation with the Secretary of Defense,
shall submit to the congressional defense committees, the Permanent
Select Committee on Intelligence and the Committee on Foreign Affairs
of the House of Representatives, and the Select Committee on
Intelligence and the Committee on Foreign Relations of the Senate a
report on any--
(1) influence operations conducted by China to interfere in
or undermine peace and stability of the Taiwan Strait and the
Indo-Pacific region; and
(2) efforts by the United States to work with Taiwan to
disrupt such operations.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of any significant efforts by the
intelligence community (as such term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4))) to
coordinate technical and material support for Taiwan to
identify, disrupt, and combat influence operations referred to
in subsection (a)(1).
(2) A description of any efforts by the United States
Government to build the capacity of Taiwan to disrupt external
efforts that degrade its free and democratic society.
(3) An assessment to achieve measurable progress in
enhancing the intelligence community's cooperation with Taiwan,
including through--
(A) development of strategies to engage Taiwan in
the discussions of United States-leading intelligence
forums or dialogues;
(B) an evaluation of the feasibility of cooperating
with Taiwan in the Mandarin language education and
training for the United States' intelligence community
through the Foreign Language Incentive Program and
programs under the Intelligence Language Institute; and
(C) implementing steps to increase exchanges and
mutual visits between the intelligence communities of
the United States and Taiwan at all levels in
accordance with the Taiwan Travel Act (Public Law 115-
135)
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1254. SUPPORTING TAIWAN'S INVESTMENT IN ASYMMETRIC CAPABILITIES.
(a) In General.--No later than 180 days following enactment of this
Act, the Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate congressional committees a
report on options to support Taiwan's defense budgeting and procurement
process in a manner that facilitates sustained investment in
capabilities aligned with Taiwan's asymmetric defense strategy. The
report shall include the following:
(1) A review of technical advisory options for enhancing
defense budgeting across Taiwan's military services in Taiwan
that is aligned with Taiwan's asymmetric defense strategy.
(2) An evaluation of any administrative, institutional, or
personnel barriers in the United States or Taiwan to
implementing the options provided in paragraph (1).
(3) An evaluation of the most appropriate entities within
the Department of Defense to lead the options provided in
paragraph (1).
(4) An evaluation of the appropriate entities in Taiwan's
Ministry of National Defense and its National Security Council
to participate in options provided in paragraph (1).
(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to execute the options provided in paragraph (1).
(b) Form of Report.--The report required by subsection (a) shall be
classified, but it may include an unclassified summary, if the
Secretary of Defense determines it appropriate.
SEC. 1255. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended by adding at the end
the following:
``(32)(A) An assessment of China's military expansion into
the Pacific Islands region, including an assessment of
China's--
``(i) strategic interests in the region;
``(ii) exchanges of senior defense officials;
``(iii) diplomatic and military engagements;
``(iv) offers of military education and training in
China;
``(v) development of Chinese language and culture
centers;
``(vi) financial assistance for infrastructure
development, including through the Belt and Road
Initiative;
``(vii) investment in ports or wharfs, including
identification of those ports with the capacity to
service Chinese naval vessels;
``(viii) military assistance, including financial
aid, donations of military equipment, and offers of
military training; and
``(ix) military bases in the region or plans to
pursue a more formalized military presence in the
region.
``(B) In this paragraph, the term `Pacific Island region'
includes the Republic of Fiji, the Republic Kiribati, the
Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, the Republic of Palau, the Independent State
of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu,
and the Republic of Vanuatu.''.
SEC. 1256. UNITED STATES MILITARY PRESENCE IN PALAU.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the Republic of Palau have a
strong relationship based on strengthening regional security,
ensuring a free and open Indo-Pacific, and protecting fisheries
from illegal, unreported and unregulated fishing; and
(2) Congress is receptive to the Republic of Palau's
request to the United States to establish a regular United
States military presence in Palau for purposes of Palau's
defense and encourages the Department of Defense to review such
request.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide a report and briefing to the appropriate congressional
committees on the Department of Defense's plans to review the
Republic of Palau's request to the United States to establish a
regular United States military presence in Palau and any
planned military construction associated with such military
presence.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1257. REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN THE UNITED
STATES AND INDO-PACIFIC COUNTRIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report on the activities and resources required to enhance
security partnerships between the United States and Indo-Pacific
countries.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the Department of Defense's approach
to conducting security cooperation activities in Indo-Pacific
countries, including how the Department identifies and
prioritizes its security partnerships in such countries.
(2) A description of how the Department of Defense's
security cooperation activities benefit other Federal
departments and agencies that are operating in the Indo-Pacific
region.
(3) Recommendations to improve the ability of the
Department of Defense to achieve sustainable security benefits
from its security cooperation activities in the Indo-Pacific
region, which may include--
(A) the establishment of contingency locations;
(B) small-scale construction conducted in
accordance with existing law; and
(C) the acquisition of additional training and
equipment by Indo-Pacific countries to improve their
organizational, operational, mobility, and sustainment
capabilities.
(4) Recommendations to expand and strengthen the capability
of Indo-Pacific countries to conduct security activities,
including traditional activities of the combatant commands,
train and equip opportunities, State partnerships with the
National Guard, and through multilateral activities.
(5) A description of how the following factors may impact
the ability of the Department of Defense to strengthen security
partnerships in Indo-Pacific countries:
(A) The economic development and stability of such
countries within the Indo-Pacific area of operations.
(B) The military, intelligence, diplomatic,
developmental, and humanitarian efforts of the People's
Republic of China and Russia in Indo-Pacific countries.
(C) The ability of the United States and its allies
and partners to combat violent extremist organizations
operating in the Indo-Pacific region.
(D) Any other matters the Secretary of Defense
determines to be relevant.
(c) Form.--The report required under subsection (a) may be
submitted in classified form, but shall include an unclassified
summary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1258. SENSE OF CONGRESS ON KOREAN AND KOREAN-AMERICAN VETERANS OF
THE WAR IN VIETNAM.
(a) Findings.--Congress finds the following:
(1) Korean and Korean-American veterans of the war in
Vietnam served honorably throughout the conflict, fighting
valiantly both as a part of and alongside the United States
Armed Forces and often making the ultimate sacrifice, with many
later becoming United States citizens.
(2) Military cooperation in the Vietnam War is one of
several examples that demonstrate the robust alliance of the
United States and South Korea, under shared commitment to
democratic principles.
(3) During the Vietnam conflict, more than 3,000,000
members of the United States Armed Forces fought bravely to
preserve and defend these ideals, among them many Korean
Americans who earned citations for their heroism and honorable
service.
(4) South Korea joined the Vietnam conflict to support the
United States Armed Forces and the cause of freedom at the
request of the United States.
(5) From 1964 until the last soldier left Saigon on March
23, 1973, 325,517 members of South Korea's armed forces served
in Vietnam, the largest contribution of troops sent by an ally
of the United States.
(6) South Korean forces fought bravely throughout the
theater and were known for their dedication, tenacity, and
effectiveness on the battlefield.
(7) More than 17,000 Korean soldiers were injured, and over
4,400 Korean soldiers made the ultimate sacrifice in defense of
United States friends and allies.
(8) There are approximately 3,000 naturalized Korean
Americans who served in the Vietnam War currently living in the
United States, many of whom suffer from significant injuries
due to their service in Vietnam, including post-traumatic
stress disorder, total disability, and the effects of the toxic
defoliant Agent Orange.
(9) Korean-American veterans of the Vietnam conflict upheld
the highest ideals of the United States through their dedicated
service and considerable sacrifices, with many continuing to
carry the visible and invisible wounds of war to this day.
(b) Sense of Congress.--It is the sense of Congress that Korean and
Korean-American veterans who served alongside the United States Armed
Forces in the Vietnam war fought with honor and valor.
SEC. 1259. REPORT ON UNITED STATES-TAIWAN SEMICONDUCTOR WORKING GROUP.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is the common interest of the United States and
allies and partners to strive for a Indo-Pacific region that is
free, open, inclusive, healthy, anchored by democratic values
and market-based rules;
(2) the United States should work closely with allies and
partners to respond to the most urgent of global challenges,
including economic and health impacts of COVID, economic
recovery as well as supply chain resiliency of critical
industries;
(3) Taiwan is a vital part of global high technology supply
chain with top-notched manufacturing capacity for chips; and it
is in the political, security and economic interests of the
United States to advocate for an upgraded partnership with
Taiwan in response to challenges due to shortage of chips; and
(4) the United States recognizes Taiwan's continued efforts
to expand production of critical chips, including for auto
industries impacted severely by COVID.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
Secretary of Commerce, the Secretary of State, and the heads of other
appropriate Federal departments and agencies, shall submit to the
appropriate congressional committees a report on the following:
(1) The feasibility and advisability of establishing an
inter-agency United States-Taiwan working group for
coordinating cooperation related to semiconductor issues.
(2) A discussion of current and future plans to engage with
Taiwan with respect to activities ensuring supply chain
security, especially with respect to semiconductors.
(3) An assessment of impacts on global supply chain
integrity in case of regional conflicts in the Taiwan Strait.
(4) An assessment to achieve measurable progress in
enhancing cooperation with Taiwan, including through
assessments in--
(A) development of strategies to engaging Taiwan in
the discussions of United States-leading supply chain
forums or dialogues; and
(B) economic and security benefits of including
Taiwan in the list of governments eligible for the
strategic trade authorization exception.
(5) Any other matters the Secretary of Defense determines
relevant.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the congressional defense committees
and--
(1) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Foreign Relations and Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 1260. DEPARTMENT OF DEFENSE STUDY ON THE EMERGENCE OF MILITIA
FLEETS IN THE SOUTH CHINA SEA.
(a) Study.--The Secretary of Defense shall carry out a study on the
challenges posed by the emergence of militia fleets in the South China
Sea, including--
(1) a tactical threat assessment and assessment of United
States Navy and Coast Guard capability;
(2) options for countering militia fleets; and
(3) an assessment of future capabilities needed to address
those challenges.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Secretary of Defense shall submit to the Committee on
Armed Services of the House of Representatives and the Committee on
Armed Services of the Senate a report on the study conducted pursuant
to subsection (a).
(c) Militia Fleet.--In this section, the term ``militia fleet''
means the People's Armed Forces Maritime Militia or other subset
national militias of China.
SEC. 1261. STATEMENT OF CONGRESS REGARDING ONGOING ABUSES AGAINST
UYGHURS.
(a) Findings.--Congress finds the following:
(1) On December 9, 1948, the United Nations General
Assembly unanimously adopted the Convention on the Prevention
and Punishment of the Crime of Genocide (the Genocide
Convention) signifying a commitment in response to the
Holocaust and other crimes against humanity committed in the
first half of the twentieth century.
(2) The Genocide Convention entered into force on January
12, 1951, and declares that all state parties ``confirm that
genocide, whether committed in time of peace or in time of war,
is a crime under international law which they undertake to
prevent and to punish''.
(3) The Genocide Convention defines genocide as ``any of
the following acts committed with intent to destroy, in whole
or in part, a national, ethnical, racial or religious group, as
such: (a) Killing members of the group; (b) Causing serious
bodily or mental harm to members of the group; (c) Deliberately
inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part; (d)
Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another
group''.
(4) The United States ratified the Genocide Convention with
the understanding that the commission of genocide requires
``the specific intent to destroy, in whole or in substantial
part, a [protected] group as such''.
(5) The People's Republic of China (PRC) is a state party
to the Genocide Convention.
(6) Since 2017, the PRC Government, under the direction and
control of the Chinese Communist Party (CCP), has detained and
sought to indoctrinate more than one million Uyghurs and
members of other ethnic and religious minority groups.
(7) Recent data indicate a significant drop in birth rates
among Uyghurs due to enforced sterilization, enforced abortion,
and more onerous birth quotas for Uyghurs compared to Han.
(8) There are credible reports of PRC Government campaigns
to promote marriages between Uyghurs and Han and to reduce
birth rates among Uyghurs and other Turkic Muslims.
(9) Many Uyghurs reportedly have been assigned to factory
employment under conditions that indicate forced labor, and
some former detainees have reported food deprivation, beatings,
suppression of religious practices, family separation, and
sexual abuse.
(10) This is indicative of a systematic effort to eradicate
the ethnic and cultural identity and religious beliefs, and
prevent the births of, Uyghurs, ethnic Kazakhs and Kyrgyz, and
members of religious minority groups.
(11) The birth rate in the Xinjiang region fell by 24
percent in 2019 compared to a 4.2 percent decline nationwide.
(12) On January 19, 2021, the Department of State
determined the PRC Government, under the direction and control
of the CCP, has committed crimes against humanity and genocide
against Uyghurs and other ethnic and religious minority groups
in Xinjiang.
(13) Secretary of State Antony Blinken and Former Secretary
of State Michael Pompeo have both stated that what has taken
place in Xinjiang is genocide and constitutes crimes against
humanity.
(14) Article VIII of the Genocide Convention provides,
``Any Contracting Party may call upon the competent organs of
the United Nations to take such action under the Charter of the
United Nations as they consider appropriate for the prevention
and suppression of acts of genocide''.
(15) The International Court of Justice has stated that it
is the obligation of all state parties to the Genocide
Convention to ``employ all means reasonably available to them,
so as to prevent genocide so far as possible''.
(16) The United States is a Permanent Member of the United
Nations Security Council.
(b) Statement of Congress.--Congress--
(1) finds that the ongoing abuses against Uyghurs and
members of other ethnic and religious minority groups
constitute genocide as defined in the Genocide Convention and
crimes against humanity as understood under customary
international law;
(2) attributes these atrocity crimes against Uyghurs and
members of other ethnic and religious minority groups to the
People's Republic of China, under the direction and control of
the Chinese Communist Party;
(3) condemns this genocide and these crimes against
humanity in the strongest terms; and
(4) calls upon the President to direct the United States
Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States to--
(A) refer the People's Republic of China's genocide
and crimes against humanity against Uyghurs and members
of other ethnic and religious minority groups to the
competent organs of the United Nations for
investigation;
(B) seize the United Nations Security Council of
the circumstances of this genocide and crimes against
humanity and lead efforts to invoke multilateral
sanctions in response to these ongoing atrocities; and
(C) take all possible actions to bring this
genocide and these crimes against humanity to an end
and hold the perpetrators of these atrocities
accountable under international law.
SEC. 1262. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the President, acting through the Secretary of
State and in coordination with the Secretary of Defense, shall submit
to the appropriate congressional committees a report that contains a
description of the United States defense and diplomatic strategy for
Syria.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) A United States diplomatic strategy for Syria,
including a description of the desired diplomatic objectives
for advancing United States national interests in Syria,
desired end-goals, and a description of the intended diplomatic
and related foreign policy means to achieve such objectives.
(2) A United States defense strategy for Syria, including a
description of the security objectives the United States aims
to achieve, including the objectives and desired end-state for
the United States military presence in northeast Syria,
envisioned transition timeline for security responsibilities to
the Syrian Democratic Forces (SDF), and status of remaining
ISIS elements.
(3) A description of United States strategy and objectives
for United States military support to and coordination with the
Jaysh Maghawir al-Thawra (``MaT'') including transition plan
and operational needs in and around Al-Tanf.
(4) A plan for enduring security of ISIS detainees
currently held in SDF secured facilities (including so-called
``third country fighters'' as well as Iraqi and Syrian national
ISIS detainees) accounting for security of personnel and
facilities involved.
(5) A diplomatic strategy for securing the repatriation of
remaining ISIS ``third country fighters'' to countries of
origin, including a comprehensive breakdown of each country of
origin and number of detainees yet to be repatriated.
(6) A plan for the resettlement and disposition of ISIS
connected women and children in remaining detention facilities,
including roles and responsibilities of counter-ISIS coalition
partners.
(7) A detailed assessment of the security and humanitarian
situation at the internally displaced persons camp at Rukban.
(8) A plan for diplomatic and humanitarian engagement with
regional partners and multilateral institutions to ensure
successful and safe delivery of continued humanitarian
assistance to non-regime held areas of Syria.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1263. STATEMENT OF POLICY RELATING TO REPORTING REQUIREMENTS OF
CHINA'S MARITIME SAFETY ADMINISTRATION.
(a) In General.--It is the policy of the United States to reject as
a violation of international law and United States sovereignty any
attempt by China's Maritime Safety Administration to compel United
States vessels to adhere to any reporting requirements listed within
China's Maritime Traffic Safety Law, including any requirements to
require a vessel to declare--
(1) the vessel's name and number;
(2) the vessel's satellite telephone number;
(3) the vessel's position and recent locations; and
(4) the vessel's cargo.
(b) Applicability.--Subsection (a) applies to all maritime claims
made by the People's Republic of China that the United States has
rejected, to include virtually all of China's claims within the Nine-
Dash Line.
SEC. 1264. ESTABLISHMENT OF CHINA WATCHER PROGRAM.
(a) In General.--The Secretary of State, in coordination with
relevant offices and bureaus of the Department of Defense, shall
implement a program, to be known as the ``China Watcher Program'',
within the Department of State to--
(1) monitor and combat the People's Republic of China's
malign influence across military, economic, and political
sectors in foreign countries;
(2) monitor the People's Republic of China's military
trends abroad and counter its activities and advancements in
foreign nations that pose a threat to United States interests
and the rules-based order; and
(3) strengthen the capacity of United States Government to
engage with foreign countries and regional and international
military, economic, and political organizations and
institutions relating to policy coordination regarding the
People's Republic of China and efforts to counter the People's
Republic of China's malign influence.
(b) Placement.--
(1) In general.--In carrying out the China Watcher Program
under this section, the Secretary of State, in consultation
with the Secretary of Defense, shall place officers in
positions in select United States diplomatic and consular
posts, in coordination with the Secretary of State, to engage
both Chinese and third-country nationals, including host
governments and non-government entities, on the matters
described in subsection (a).
(2) Priority.--The Secretary of State shall--
(A) in selecting diplomatic and consular posts,
prioritize foreign countries in which Chinese influence
has been historically significant and in which United
States interests and persons are vulnerable to the
People's Republic of China's malign activities; and
(B) in placing personnel in such posts, select, in
consultation with the Secretary of Defense, personnel
within either the Department of State or the Department
of Defense who have sufficient subject matter
expertise, language skills, and training to carry out
their functions effectively.
(c) Annual Report.--
(1) In general.--Each post or mission with a China Watcher
Program shall produce an annual report outlining the steps it
has taken to advance the mission, trends and analysis, and the
nature and extent of Chinese foreign direct investment and
influence in key military, economic, and political sectors,
including technology, manufacturing, transportation, energy,
metals, agriculture, real estate, and defense.
(2) Matters to be included.--Such report shall include an
assessment of the investment, trade, and other risks posed by
Chinese malign influence as well as instances of predatory
actions by the People's Republic of China or its affiliates.
(d) Risk Assessment.--The annual report required by subsection (c)
shall include a risk assessment which shall be made publicly available.
The Secretary of State, in consultation with the Secretary of Defense,
shall, based on the results of such report, make publicly available a
list of countries of concern in regard to the likelihood of economic
espionage and coercion or influence of the People's Republic of China
across military, economic, and political sectors.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for fiscal year 2022 and each fiscal year
thereafter to carry out this section.
SEC. 1265. COMPLIANCE BY CHINA WITH NUCLEAR NON-PROLIFERATION TREATY.
(a) Requirement.--Not later than 30 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a special compliance assessment with respect
to the compliance by China with article VI of the Nuclear Non-
Proliferation Treaty, including the factors leading to the conclusion
of the President.
(b) Form.--The special compliance assessment under subsection (a)
shall be submitted in unclassified form.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
(2) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (21 UST 483).
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
SEC. 1301. REPORT ON THE STATE OF UNITED STATES MILITARY INVESTMENT IN
EUROPE INCLUDING THE EUROPEAN DETERRENCE INITIATIVE.
Not later than February 25, 2022, the Secretary of Defense, in
coordination with the Commander of United States European Command,
shall submit to the congressional defense committees a report assessing
the current state of United States defense investment in Europe and
with respect to NATO specific infrastructure, including the European
Deterrence Initiative. The report shall include the following elements:
(1) An assessment of the current progress made by the
Department of Defense toward achieving the goals of the
European Deterrence Initiative over its lifetime and a
description of the major changes in focus, resourcing, and
emphasis that have occurred over that lifetime.
(2) An assessment of the current state of United States
defense posture in Europe, including a comprehensive assessment
of the state of military mobility and the current ability of
the United States to rapidly manifest and transit forces to
Europe's eastern front in a crisis with a contested logistics
environment, and the corresponding levels and timelines with
respect to such ability.
(3) An assessment of United States defense logistics gaps
or risks such as bridging equipment and rail gauge mitigations
that would be exacerbated in a contingency.
(4) An assessment of the current state of United States
prepositioned stocks in Europe, including the current timeline
for their completion under the European Deterrence Initiative.
(5) An assessment of the current state of United States
munitions in Europe, including their current levels, the
adequacy of those levels for United States needs in a European
contingency, and a description of the Department's plan to
bring those munitions stocks to adequate levels.
(6) An assessment of the current state of fuel availability
and supporting infrastructure in Europe and the adequacy of
those supplies for United States needs in a European
contingency.
(7) A description of the manner and extent to which United
States military investment planning in the European theater
incorporates assessments of relevant regulatory policies in the
European theater relating to installation energy and the
planning and design of military construction projects at these
installations.
(8) An assessment of the current state of United States
anti-submarine warfare assets, organization, and resources in
the European Command and Second Fleet areas of responsibility,
including--
(A) their sufficiency to counter Russian submarine
threats; and
(B) the sufficiency of United States sonobuoy
stocks, anti-submarine warfare platforms, and undersea
sensing equipment.
(9) An assessment of the current state of the United States
naval presence in the European Command area of responsibility
and its ability to respond to challenges in the Black Sea,
Mediterranean, and Arctic, including a description of any
future plans regarding increased naval force structure forward
stationed in Europe by 2025.
(10) An assessment of the current state of United States
Air Force operational planning and resourcing in the European
theater, including the current state of prepositioned Air Force
equipment, activities, and relevant infrastructure.
(11) An assessment of the current state of United States
defense information warfare capabilities in the European
Command area of responsibility and any defense resources
required or defense policies needed to strengthen these
efforts.
(12) An assessment of the current state of United States
military capabilities for countering Russian aggression and
hybrid warfare in the European theater, including cyber
capabilities.
(13) An assessment of the current state of United States
military electromagnetic warfare capabilities in the European
theater.
(14) An assessment of the current state of United States
military sea- and airlift capabilities to support contingency
operations in the European theater.
(15) An assessment of all purchases, investments, and
expenditures made by any Armed Force under the jurisdiction of
the Secretary of a military department and funded by the
European Deterrence Initiative, since its inception, that have
been diverted for purposes or uses other than the objectives of
the European Deterrence Initiative, including a list of all
purchases, investments, and expenditures that have been funded
under the European Deterrence Initiative since its inception
that were not ultimately employed for the purposes of the
initiative and their respective dollar values.
(16) An assessment of the current state of European
Deterrence Initiative military construction efforts in Europe.
(17) An analysis of the impact that deferred military
construction efforts authorized under section 2808 of title 10,
United States Code, have had on the European Deterrence
Initiative, including--
(A) impacts on timelines to establish a deterrence
platform in Europe;
(B) implications for deterrence capabilities in
Europe; and
(C) a description of the Department of Defense's
plan to address these impacts including its intended
final disposition for the impacted military
construction projects.
(18) A description of the current status of the European
Infrastructure Consolidation program, including a list of all
divestments completed under the program after January 1, 2016,
and all currently contemplated divestments under the program.
(19) Any other information that the Secretary of Defense
determines relevant.
SEC. 1302. SENSE OF CONGRESS ON UNITED STATES DEFENSE POSTURE IN
EUROPE.
It is the sense of Congress as follows:
(1) The United States is steadfastly committed to upholding
and strengthening its defense alliances and partnerships in the
European theater. The North Atlantic Treaty Organization (NATO)
alliance is the bedrock of these relationships, which are
central to deterring Russian aggression, upholding territorial
integrity and sovereignty in Europe, countering malign efforts
to undermine the rules-based international order and disrupt
shared values, fostering international cooperation against
collective challenges, and advancing shared national security
objectives worldwide.
(2) United States allies in Europe have made substantial
strides on responsibility-sharing and defense investment since
the Wales Declaration in 2014 and should be commended for their
ongoing efforts to increase complementary investments in NATO
deterrence capacity. These efforts have provided an accumulated
increase of more than $130,000,000,000 in foreign investments
between 2016 and 2020 to strengthen trans-Atlantic security,
and it is essential that the United States continue to press
NATO allies to achieve their Wales Summit pledges and continue
to make progress on greater complementary defense investments.
(3) The behavior of the Russian Government has not improved
and has, in many aspects, become increasingly belligerent since
the invasion of Ukraine in 2014, with respect to--
(A) military efforts to disrupt the territorial
integrity of sovereign countries in Europe;
(B) threats against the United States, NATO, and
other United States partners;
(C) intervention in allied democratic processes;
(D) efforts to disrupt United States alliances,
partnerships, and values;
(E) acts such as assassination and the use of
chemical weapons on the territory of other sovereign
countries; and
(F) other high-risk, disruptive efforts.
(4) Continued commitment to enhancing the United States and
allied force posture in Europe is indispensable for efforts to
establish and sustain a credible deterrent against Russian
aggression and long-term strategic competition by the Russian
government. The Secretary of Defense must continue to--
(A) support the European Deterrence Initiative and
other investments in a strengthened United States and
allied force posture in Europe;
(B) support rotational deployments and robust
exercises in the European theater;
(C) complete efforts to establish prepositioned
stocks and effective staging infrastructure to maintain
credible deterrence against Russian threats;
(D) invest effectively in multi-service, cyber,
information, and air defense efforts to counter modern
military challenges, enhance the survivability and
flexibility of the United States force posture,
logistics, and planning; and
(E) consider whether additional forward-positioned
forces in Europe would reduce cost and strain, enhance
credibility, and strengthen capabilities.
SEC. 1303. SENSE OF CONGRESS ON SECURITY ASSISTANCE TO THE BALTIC
COUNTRIES.
(a) Findings.--Congress finds the following:
(1) The United States has cumulatively allocated over
$498,965,000 in Department of Defense partner capacity funding
for the Baltic countries since fiscal year 2018, including over
$219,000,000 for the Baltic security efforts known as the
``Baltic Security Initiative'', executed using sections 332 and
333 of title 10, United States Code, including assistance with
respect to air defense, maritime situational awareness,
ammunition, C4ISR, anti-tank capability, special forces, and
other defense capabilities.
(2) The Secretary of Defense has completed the
comprehensive Baltic Defense Assessment required by section
1246 of the National Defense Authorization Act for Fiscal Year
2020 and has recommended continued robust, comprehensive
investment Baltic security efforts in accordance with that
assessment, with assistance executed using such sections 332
and 333.
(3) The Secretary of Defense has assessed that the
authority granted by such sections 332 and 333 affords the most
efficient and effective authority to provide this assistance to
the Baltic countries, and that attempting to provide the
assistance pursuant to alternate authorities would hamper the
Department's ability to deliver assistance and implement the
investment program established by the Baltic Defense
Assessment.
(b) Sense of Congress.--Congress strongly supports the robust
assistance to accomplish United States strategic objectives in
accordance with sections 332 and 333 of title 10, United States Code,
including by providing assistance to the Baltic countries using those
sections, funded by the Baltic Security Initiative. It is the sense of
Congress that the security of the Baltic region is crucial to the
security of the NATO alliance and these efforts are critical to ensure
continued deterrence against Russian aggression and bolster allied
security.
SEC. 1304. REPORT RELATING TO NORDSTREAM 2 PIPELINE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretaries of Defense and State shall
jointly submit to the appropriate congressional committees a report
that includes--
(1) a descriptions of the hard currency and other financial
benefits the Russian Federation will obtain through the
operation of the Nordstream 2 Pipeline; and
(2) an analysis of the security risks of a completed
pipeline to Ukraine, our European allies and partners, and the
NATO alliance.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex. It shall also
be publicly available on a website operated by the Federal Government.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate; and
(4) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1305. AUDIT OF NATO SEXUAL HARASSMENT AND SEXUAL ASSAULT POLICIES
AND PROCESSES.
(a) Audit.--Not later than one year after the date of the enactment
of this Act, the Inspector General of the Department of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives an audit of policies, procedures, and processes for
addressing allegations of sexual harassment and sexual assault
involving members of the Armed Forces and civilian employees of the
Department of Defense serving in North Atlantic Treaty Organization's
(NATO) offices, components, and agencies.
(b) Elements.--The audit under subsection (a) shall include the
following:
(1) The options available to members of the Armed forces
and civilian employees of the Department of Defense to report
instances of sexual harassment or sexual assault during service
in a NATO capacity.
(2) The number of incidences of sexual harassment and
sexual assault committed by and against NATO personnel that
were reported to military officials and the number of cases
that were substantiated.
(3) The number of incidences of sexual harassment and
sexual assault committed by members of the Armed Forces and
civilian employees of the Department of Defense that were
reported to military officials and the number of the cases so
reported that were substantiated.
(4) A synopsis of each such substantiated case, organized
by offense, and, for each such case, the action taken in the
case, including the type of disciplinary or administrative
sanction imposed, if any, including courts-martial sentences,
nonjudicial punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice),
administrative separations, or other disciplinary action under
applicable NATO policies.
(5) The policies, procedures, and processes implemented by
the Department of Defense in response to incidents of sexual
assault involving members of the Armed Forces and civilian
employees of the Department of Defense.
(6) The policies, procedures, and processes implemented by
the Department of Defense related to pre-deployment training of
members of the Armed Forces and civilian employees of the
Department of Defense on NATO policies on sexual harassment and
sexual assault.
(c) Form.--The audit under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1306. REPORT ON EFFORTS OF NATO TO COUNTER MISINFORMATION AND
DISINFORMATION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
entities specified in subsection (b) a report on efforts of the North
Atlantic Treaty Organization (NATO) and NATO member states to counter
misinformation and disinformation.
(b) Entities Specified.--The entities specified in this subsection
are--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate; and
(2) each member of the United States delegation to the NATO
Parliamentary Assembly.
(c) Elements.--The report required by subsection (a) shall--
(1) assess--
(A) vulnerabilities of NATO member states and NATO
to misinformation and disinformation and describe
efforts to counter such activities;
(B) the capacity and efforts of NATO member states
and NATO to counter misinformation and disinformation,
including United States cooperation with other NATO
members states; and
(C) misinformation and disinformation campaigns
carried out by authoritarian states, particularly
Russia and China; and
(2) include recommendations to counter misinformation and
disinformation.
SEC. 1307. FUNDING FOR THE NATO STRATEGIC COMMUNICATIONS CENTER OF
EXCELLENCE.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 4301 for Operating Forces, Special Operations Command Theatre
Forces, line 110, as specified in the corresponding the corresponding
funding tables in division D, for the NATO Strategic Communication
Center of Excellence is hereby increased by $5,000,000, to be made
available for the purposes described in subsection (c).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Space Force, as specified in
the corresponding funding table in section 4301, for Contractor
Logistics and System Support is hereby reduced by $5,000,000.
(c) Purposes.--The Secretary of Defense shall provide funds for the
NATO Strategic Communications Center of Excellence (in this section
referred to as the ``Center'') to--
(1) enhance the capability, cooperation, and information
sharing among NATO, NATO member countries, and partners, with
respect to strategic communications and information operations;
and
(2) facilitate education, research and development, lessons
learned, and consultation in strategic communications and
information operations.
(d) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall certify to the
Committees on Armed Services of the House of Representatives and the
Senate that the Secretary has assigned executive agent responsibility
for the Center to an appropriate organization within the Department of
Defense, and detail the steps being undertaken to strengthen the role
of Center in fostering strategic communications and information
operations within NATO.
(e) Briefing Requirement.--
(1) In general.--The Secretary of Defense shall brief the
recipients listed in paragraph (2) not less than twice each
year on the efforts of the Department of Defense to strengthen
the role of the Center in fostering strategic communications
and information operations within NATO.
(2) Recipients.--The recipients listed in this paragraph
are the following:
(A) The Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(B) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(C) Each member of the United States delegation to
the NATO Parliamentary Assembly.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the matter described
in paragraph (1).
SEC. 1308. BRIEFING ON IMPROVEMENTS TO NATO STRATEGIC COMMUNICATIONS
CENTER OF EXCELLENCE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall periodically brief the recipients listed
in subsection (b) on--
(1) how the Department of Defense is working with the NATO
Strategic Communications Center of Excellence and the
interagency to improve NATO's ability to counter and mitigate
disinformation, active measures, propaganda, and denial and
deception activities of Russia and China; and
(2) how the Department of Defense is developing ways to
improve strategic communications within NATO, including
enhancing the capacity of and coordination with the NATO
Strategic Communications Center of Excellence.
(b) Recipients.--The recipients listed in this paragraph are the
following:
(1) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
(3) Each member of the United States delegation to the NATO
Parliamentary Assembly.
(c) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to Congress a report containing
the recommendations of the Secretary with respect to improving
strategic communications within NATO.
SEC. 1309. SENSE OF CONGRESS ON ENHANCING NATO EFFORTS TO COUNTER
MISINFORMATION AND DISINFORMATION.
It is the sense of Congress that the United States should--
(1) prioritize efforts to enhance the North Atlantic Treaty
Organization' (NATO's) capacity to counter misinformation and
disinformation;
(2) support an increase in NATO's human, financial, and
technological resources and capacity dedicated to understand,
respond to, and fight threats in the information space;
(3) support building technological resilience to
misinformation and disinformation;
(4) reiterate United States commitment to women's equal
rights and dedicate additional resources to understanding and
countering the effects of gendered disinformation to
democracies; and
(5) prioritize the importance of democratic resilience and
countering misinformaton and disinformation during ongoing
negotiations over a new NATO Strategic Concept to be adopted at
the 2022 NATO summit.
SEC. 1309A. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY
ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its member
delegations;
(2) communicate with and educate the public on the benefits
and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-
parliamentary cooperation on countering misinformation and
disinformation.
Subtitle B--Security Cooperation and Assistance
SEC. 1311. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS
INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
SEC. 1312. FOREIGN AREA OFFICER ASSESSMENT AND REVIEW.
(a) Findings.--Congress finds the following:
(1) Foreign Area Officers of the Army and their equivalent
positions in the other Armed Forces (in this section referred
to as ``FAOs'') are trained to manage, grow, and enhance
security cooperation relationships between the United States
and foreign partners and to build the overall military capacity
and capabilities of foreign partners.
(2) At present, some senior defense official positions in
United States embassies are filled by officers lacking the
necessary skills, training, and experience to strengthen the
relationships between the United States and its critical
partners and allies.
(3) FAOs are trained to fill those positions, and
deficiencies in the equitable use, assessment, promotion,
diversity and inclusion of such officers, as well as
limitations on career opportunities, undermine the ability of
the Department of Defense to strengthen partnerships and
alliances of the United States.
(4) A federally funded research and development center can
provide a roadmap to correcting these deficiencies,
strengthening the FAO branch, and placing qualified FAOs in
positions of positive influence over United States partnerships
and alliances.
(b) Assessment and Review Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into an agreement with a federally funded research and
development center to conduct an independent assessment and
comprehensive review of the process by which Foreign Area
Officers and their equivalent positions in the other Armed
Forces (in this section referred to as ``FAOs'') are recruited,
selected, trained, assigned, organized, promoted, retained, and
used in security cooperation offices, senior defense roles in
U.S. embassies, and in other critical roles of engagement with
allies and partners.
(2) Elements.--The assessment and review conducted under
paragraph (1) shall include the following:
(A) Identification and assessment of the number and
location of senior defense official billets, including
their grade structure and availability to FAOs.
(B) A review of the cultural, racial, and ethnic
diversity of FAOs.
(C) An assessment of the assignment process for
FAOs.
(D) A review and assessment of the promotion
criteria, process, and possible pathways for career
advancement for FAOs.
(E) A review of the organization and categorization
of FAOs by geographic region.
(F) An assessment of the training program for FAOs
and its effectiveness.
(G) An assessment of the available career paths for
FAOs.
(H) An assessment of the criteria used to determine
staffing requirements for senior defense official
positions and security cooperation roles for uniformed
officers.
(I) A review of the staffing of senior defense
official and security cooperation roles and assessment
to determine whether requirements are being met through
the staffing process.
(J) An assessment of how the broader utilization of
FAOs in key security cooperation and embassy defense
leadership billets would improve the quality and
professionalism of the security cooperation workforce
under section 384 of title 10, United States Code.
(K) A review of how many FAO opportunities are
joint-qualifying and an assessment of whether
increasing the number of joint-qualified opportunities
for FAOs would increase recruitment, retention, and
promotion.
(L) Any other matters the Secretary determines
relevant.
(c) Results.--The federally funded research and development center
conducting the assessment and review described in subsection (b) shall
submit to the Secretary the results of such assessment and review,
which shall include the following:
(1) A summary of the research and activities undertaken to
carry out the assessment required by subsection (b).
(2) Considerations and recommendations, including
legislative recommendations, to achieve the following:
(A) Improving the assessment, promotion, assignment
selection, retention, and diversity of FAOs.
(B) Assigning additional FAOs to positions as
senior defense officials.
(d) Submission to Congress.--
(1) In general.--Not later than December 31, 2022, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives--
(A) an unaltered copy of the results submitted
pursuant to subsection (c); and
(B) the written responses of the Secretary and the
Chairman of the Joint Chiefs of Staff to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1313. WOMEN, PEACE, AND SECURITY ACT IMPLEMENTATION AT MILITARY
SERVICE ACADEMIES.
(a) Sense of Congress.--It is the sense of Congress that
$15,000,000 should annually be made available for activities that are--
(1) consistent with the Women, Peace, and Security Act of
2017 (Public Law 115-68; 131 Stat. 1202) and this section; and
(2) in furtherance of the national security priorities of
the United States.
(b) Professional Military Education.--The Secretary of Defense
shall carry out activities consistent with the Women, Peace, and
Security Act of 2017 and with this section, including by ensuring that
professional military education curriculum addresses--
(1) gender analysis;
(2) the meaningful participation of women in national
security activities; and
(3) the relationship between such participation and
security outcomes.
(c) Building United States Capacity.--
(1) Military service academies.--The Secretary of Defense
shall encourage the admission of diverse individuals (including
individuals who are women) to each military service academy,
including by--
(A) establishing programs that hold commanding
officers accountable for removing biases with respect
to such individuals;
(B) ensuring that each military service academy
fosters a zero tolerance environment for harassment
towards such individuals; and
(C) ensuring that each military service academy
fosters equal opportunities for growth that enable the
full participation of such individuals in all training
programs, career tracks, and elements of the
Department, especially in elements of the Armed Forces
previously closed to women, such as infantry and
special operations forces.
(2) Partnerships with schools and nonprofit
organizations.--The Secretary of Defense shall seek to enter
into partnerships with elementary schools, secondary schools,
postsecondary educational institutions, and nonprofit
organizations, to support activities relating to the
implementation of the Women, Peace, and Security Act of 2017.
(3) Briefing.--Not later than one year after the date of
the enactment of this Act, the Director of the Defense Security
Cooperation Agency shall provide to the appropriate committees
of Congress a briefing on efforts made at all levels to build
partner defense institution and security force capacity
pursuant to this section.
(4) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress''
includes--
(i) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Transportation and Infrastructure of the
House of Representatives; and
(ii) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Commerce, Science, and
Transportation of the Senate.
(B) The terms ``elementary school'' and ``secondary
school'' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(C) The term ``military service academy'' means the
following:
(i) The United States Military Academy.
(ii) The United States Naval Academy.
(iii) The United States Air Force Academy.
(iv) The United States Coast Guard Academy.
(D) The term ``postsecondary educational
institution'' has the meaning given that term in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
(d) Department Personnel, Education, and Training.--The Secretary
of Defense shall carry out activities consistent with the Women, Peace,
and Security Act of 2017 and this section, including by--
(1) hiring and training of full-time equivalent personnel
as gender advisors of the Department;
(2) building on the implementation of the requirements of
section 1210E of the National Defense Authorization Act for
Fiscal Year 2021 (10 U.S.C. 113 note) by establishing roles,
responsibilities, and requirements for personnel to advance
implementation of the Women, Peace, and Security Act of 2017,
which efforts should include attention to commander and senior
official-level engagement and support for women, peace, and
security commitments;
(3) integrating gender analysis, the meaningful
participation of women, and their relationship to security
outcomes into relevant training for all members of the Armed
Forces and civilian employees of the Department of Defense,
including special emphasis on senior level training and support
for women, peace, and security;
(4) developing standardized training across the Department
for gender advisors, gender focal points, and women, peace, and
security subject matter experts;
(5) ensuring that gender analysis and the meaningful
participation of women and their relationship to security
outcomes is addressed in professional military education
curriculum; and
(6) building the capacity of the Department to conduct the
partner country assessments described in section 1210E(b)(2) of
the National Defense Authorization Act for Fiscal Year 2021.
(e) Pilot Program.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of Defense--
(A) shall direct and carry out a pilot program to
conduct partner country assessments in each country
selected in accordance with paragraph (2) with respect
to the barriers facing the participation of women in
the national security forces of participating partner
countries (in this subsection referred to as a ``pilot
barrier assessment'');
(B) should seek to enter into contracts with
nonprofit organizations or federally funded research
and development centers independent of the Department
of State and Department of Defense for the purpose of
conducting the pilot barrier assessments; and
(C) shall, after a pilot barrier assessment is
conducted--
(i) review the methods of research and
analysis used by any entity contracted with
pursuant to subparagraph (B) in conducting such
assessment and identify lessons learned from
the review; and
(ii) assess the ability of the Department
of State and Department of Defense to conduct
future pilot barrier assessments without
entering into a contract described subparagraph
(B), including by assessing potential costs and
benefits for the Department that may arise from
conducting such future assessments without such
contracts.
(2) Selection of countries.--The Secretary of State, in
consultation with the Secretary of Defense, commanders of the
combatant commands, and relevant United States ambassadors,
shall select one partner country from within the geographic
area of responsibility of each geographic combatant command for
participation in the pilot program, taking into consideration
in each instance--
(A) the demonstrated political commitment of a
partner country to increasing the participation of
women in the security sector; and
(B) the national security priorities and theater
campaign strategies of the United States.
(3) Pilot barrier assessment.--A pilot barrier assessment
pursuant to this subsection shall be--
(A) adapted to the local context of the partner
country being assessed;
(B) conducted in collaboration with the security
sector of the partner country being assessed; and
(C) based on existing and tested methodologies.
(4) Findings.--
(A) In general.--The Secretary of State, in
consultation with the Secretary of Defense, shall use
findings from each pilot barrier assessment to inform
effective security cooperation activities and security
sector assistance interventions by the United States in
the partner country assessed. Such activities and
interventions should substantially increase
opportunities for the recruitment, employment,
development, retention, deployment, and promotion of
women in the national security forces of such partner
country (including for deployments to peace operations
and for participation in counterterrorism operations
and activities).
(B) Model methodology.--The Secretary of State, in
coordination with the Secretary of Defense, shall
develop a model barrier assessment methodology from the
findings of the pilot program for use across the
geographic combatant commands.
(5) Reports on pilot program.--
(A) Initial report.--Not later than 2 years after
the date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Defense,
shall submit to the appropriate committees of Congress
an initial report on the implementation of the pilot
program under this subsection, including an
identification of the partner counties selected for
participation in the program and the justifications for
such selections.
(B) Update to report.--Not later than 2 years after
the date on which the initial report under subparagraph
(A) is submitted, the Secretary of State, in
coordination with the Secretary of Defense, shall
submit to the appropriate committees of Congress an
update to the initial report.
(C) Report on methodology.--On the date on which
the Secretary of State determines the pilot program to
be complete, the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the
appropriate committees of Congress a report on the
model barrier assessment methodology developed pursuant
to paragraph (4)(B).
(D) Appropriate committees of congress defined.--
For purposes of this paragraph, the term ``appropriate
committees of Congress'' means--
(i) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(ii) the Committee on Armed Services and
the Committee on Foreign Relations of the
Senate.
SEC. 1314. EXTENSION AND MODIFICATION OF AUTHORITY FOR CERTAIN PAYMENTS
TO REDRESS INJURY AND LOSS.
(a) Extension.--Subsection (a) of section 1213 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2731 note) is amended by striking ``December 31, 2022'' and
inserting ``December 31, 2023''.
(b) Modification to Conditions on Payment.--Subsection (b)(1) of
such section 1213 is amended to read as follows:
``(1) the prospective foreign civilian recipient is not
otherwise ineligible for payment under any other provision of
law;''.
(c) Modifications to Quarterly Report Requirement.--Subsection (g)
of such section 1213 is amended by adding at the end the following:
``(3) The status of Department of Defense efforts to
establish the claims procedures required under subsection
(d)(1) and to otherwise implement this section.''.
(d) Modification to Procedure to Submit Claims.--Such section 1213
is further amended--
(1) by redesignating subsections (d) through (g), as
amended, as subsections (e) through (h), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Procedures to Review Allegations.--
``(1) Procedures required.--Not later than 180 days after
the date of enactment of this subsection, the Secretary of
Defense shall establish procedures to receive, evaluate, and
respond to allegations of civilian harm resulting from military
operations involving the United States Armed Forces, a
coalition that includes the United States, or a military
organization supporting the United States. Such responses may
include--
``(A) a formal acknowledgement of such harm;
``(B) a nonmonetary expression of condolence; or
``(C) an ex gratia payment.
``(2) Consultation.--In establishing the procedures under
paragraph (1), the Secretary of Defense shall consult with the
Secretary of State and with nongovernmental organizations that
focus on addressing civilian harm in conflict.
``(3) Policy updates.--Not later than one year after the
date of the enactment of this subsection, the Secretary of
Defense shall ensure that procedures established under
paragraph (1) are formalized through updates to the policy
referred to in section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 134 note).''.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to require the
Secretary of Defense to pause, suspend, or otherwise alter the
provision of ex gratia payments in accordance with section 1213 of the
National Defense Authorization Act for Fiscal Year 2020, as amended, in
the course of developing the procedures required by subsection (d) of
such section (as added by subsection (d) of this section).
SEC. 1315. REPORT ON SECURITY ASSISTANCE TO THE GOVERNMENTS OF MALI,
GUINEA, AND CHAD.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate committees a report on
security assistance provided to the Governments of Mali, Guinea, and
Chad for each of the fiscal years 2019, 2020, and 2021.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A list of units of such countries that have received or
participated in Department of Defense- or Department of State-
funded training, equipment, or other assistance programs in
such fiscal years, including a full accounting of the specific
programs under which such assistance was provided.
(2) The dollar amounts spent on such programs for each of
such countries in such fiscal years.
(3) A list of individuals in such units involved in
unconstitutional military seizures of or transfers of power in
any of such countries.
(4) A list of units, if any, in each country that are
currently prohibited from receiving assistance pursuant to
section 362 of title 10, United States Code, or section 620M of
the Foreign Assistance Act of 1961 (22 U.S.C. 2378d)
(collectively known as the ``Leahy Laws'').
(5) An assessment of the objectives of security training as
it relates to professionalization, stability, and human rights
and the extent to which such training has achieved those
objectives in such fiscal years, including details of the
metrics used to determine success.
(6) Lessons learned from the unconstitutional military
seizures of power in any of such countries and the ways in
which such lessons are being and will be applied to ongoing and
planned training, capacity-building, and other security
assistance initiatives in the region.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1316. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with a federally funded research and development center with
the appropriate expertise and analytical capability to carry out the
study described in subsection (b).
(b) Study.--The study described in this subsection shall--
(1) provide for a comprehensive assessment of strategic and
operational lessons collected from the war in Afghanistan that
can be applied to existing and future security cooperation
programs;
(2) identify metrics used in the war in Afghanistan to
measure progress in partner capacity building and defense
institution building and whether such metrics are sufficient
for measuring progress in future security cooperation programs;
(3) assess challenges related to strategic planning for
capacity building, baseline assessments of partner capacity,
and issues related to project sustainment, and recommendations
for how to manage such challenges;
(4) assess Department of Defense coordination with
coalition partners engaged in partner capacity building and
defense institution building efforts, and recommendations for
how to improve such coordination;
(5) identify risks posed by rapid expansion or reductions
in security cooperation, and recommendations for how to manage
such risks;
(6) identify risks posed by corruption in security
cooperation programs and recommendations for how to manage such
risks;
(7) assess best practices and training improvements for
managing cultural barriers in partner countries, and
recommendations for how to promote cultural competency;
(8) assess the effectiveness of the Department of Defense
in promoting the rights of women, including incorporating a
gender perspective in security cooperation programs, in
accordance with the Women, Peace and Security Strategic
Framework and Implementation Plan issued by the Department of
Defense in June 2020 and the Women, Peace and Security Act of
2017 (Public Law 115-68);
(9) identify best practices to promote partner country
ownership of long-term objectives of the United States
including with respect to human rights, democratic governance,
and the rule of law;
(10) assess challenges related to contractors of the
Department of Defense, including cost, limited functions, and
oversight; and
(11) assess best practices for sharing lessons on security
cooperation with allies and partners.
(c) Report.--
(1) To secretary of defense.--Not later than two years
after the date on which a federally funded research and
development center enters into a contract described in
subsection (a), such center shall submit to the Secretary of
Defense a report containing the results of the study required
under this section.
(2) To congress.-- Not later than 30 days after the receipt
of the report under paragraph (1), the Secretary of Defense
shall submit to Congress such report, which shall be made
public, together with any additional views or recommendations
of the Secretary, which may be transmitted in a classified
annex.
SEC. 1317. PLAN FOR VETTING SECURITY ASSISTANCE PARTICIPANTS FOR
PARTICIPATION IN GROUPS THAT HAVE A VIOLENT IDEOLOGY.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the appropriate congressional
committees a plan for vetting the potential for United States security
assistance provided to units of foreign national security forces to be
received by groups or individuals that have a violent ideology,
including those that are white identity terrorist, anti-semitic, or
islamophobic, that includes a comprehensive plan and strategy for how
the Department will--
(1) vet recipients of United States security assistance for
ties to groups that have violent ideologies, including those
that are white identity terrorist, anti-semitic, or
islamophobic;
(2) develop vetting to flag recipients of United States
training, or others that have a relationship with the
Department of Defense, for affiliation with groups that have
violent ideologies, including those that are white identity
terrorist, anti-semitic, or islamophobic;
(3) deny security assistance to recipients flagged by the
vetting techniques developed pursuant to paragraph (2);
(4) inform local partner governments of the reasons why
assistance was denied and encourage them to take steps to
rectify the situation; and
(5) maintain and update existing databases with
institutions and groups flagged by the vetting techniques
developed pursuant to paragraph (2).
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate.
Subtitle C--Other Matters
SEC. 1321. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE SUPPORT FOR
STABILIZATION ACTIVITIES IN NATIONAL SECURITY INTEREST OF
THE UNITED STATES.
Section 1210A(h) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022''.
SEC. 1322. NOTIFICATION RELATING TO OVERSEAS HUMANITARIAN, DISASTER,
AND CIVIC AID FUNDS OBLIGATED IN SUPPORT OF OPERATION
ALLIES REFUGE.
Not later than 30 days after the date on which more than
$100,000,000 of the amounts authorized to be appropriated by the Act
for overseas humanitarian, disaster, and civic aid are obligated for
expenses in support of Operation Allies Refuge, and every 90 days
thereafter until all such funds are obligated for Operation Allies
Refuge, the Secretary of Defense shall submit to the congressional
defense committees a notification that includes--
(1) the costs associated with the provision of
transportation, housing, medical services, and other
sustainment expenses for Afghan special immigrant visa
applicants and other Afghans at risk; and
(2) whether funds were obligated under a reimbursable or
non-reimbursable basis.
SEC. 1323. LIMITATION ON USE OF FUNDS FOR THE 2022 OLYMPIC AND
PARALYMPIC WINTER GAMES IN CHINA.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available by this Act may be made available to provide
transportation for any United States officer or official to attend, on
official government business, the 2022 Olympic and Paralympic Winter
Games in the People's Republic of China.
(b) Rule of Construction.--Nothing in this section may be construed
to limit the authorization of appropriations to provide security during
the 2022 Olympic and Paralympic Winter Games to any United States
athlete or associated support staff of the United States Olympic and
Paralympic Committee.
SEC. 1324. REPORT ON HOSTILITIES INVOLVING UNITED STATES ARMED FORCES.
(a) In General.--The President shall report to the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives
not later than 48 hours after any incident in which the United States
Armed Forces are involved in an attack or hostilities, whether in an
offensive or defensive capacity, unless the President--
(1) otherwise reports the incident within 48 hours pursuant
to section 4 of the War Powers Resolution (50 U.S.C. 1543); or
(2) has determined prior to the incident, and so reported
pursuant to section 1264 of the National Defense Authorization
Act for Fiscal Year 2018 (50 U.S.C. 1549), that the United
States Armed Forces involved in the incident would be operating
under specific statutory authorization within the meaning of
section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
(b) Matters to Be Included.--Each report required by subsection (a)
shall include--
(1) the statutory and operational authorities under which
the United States Armed Forces were operating, including any
relevant executive orders and an identification of the
operational activities authorized under such executive orders;
(2) the date, location, duration, and other parties
involved;
(3) a description of the United States Armed Forces
involved and the mission of such Armed Forces;
(4) the numbers of any combatant casualties and civilian
casualties; and
(5) any other information the President determines
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1325. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2.
(a) Imposition of Sanctions.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the President shall--
(A) impose sanctions under paragraph (2) with
respect to--
(i) any entity responsible for planning,
construction, or operation of the Nord Stream 2
pipeline or a successor entity; and
(ii) any other corporate officer of or
principal shareholder with a controlling
interest in an entity described in clause (i);
and
(B) impose sanctions under paragraph (3) with
respect to any entity responsible for planning,
construction, or operation of the Nord Stream 2
pipeline or a successor entity.
(2) Ineligibility for visas, admission, or parole of
identified persons and corporate officers.--
(A) In general.--
(i) Visas, admission, or parole.--An alien
described in paragraph (1)(A) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The visa or other
entry documentation of an alien
described in paragraph (1)(A) shall be
revoked, regardless of when such visa
or other entry documentation is or was
issued.
(II) Immediate effect.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
alien's possession.
(3) Blocking of property of identified persons.--The
President shall exercise all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in all property and interests in property of an
entity described in paragraph (1)(B) if such property and
interests in property are in the United States, come within the
United States, or are or come within the possession or control
of a United States person.
(4) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided to the President under sections
203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) to carry out this
subsection.
(B) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
this subsection or any regulation, license, or order
issued to carry out this subsection shall be subject to
the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a
person that commits an unlawful act described in
subsection (a) of that section.
(5) Exceptions.--
(A) Exception for intelligence, law enforcement,
and national security activities.--Sanctions under this
subsection shall not apply to any authorized
intelligence, law enforcement, or national security
activities of the United States.
(B) Exception to comply with united nations
headquarters agreement.--Sanctions under this
subsection shall not apply with respect to the
admission of an alien to the United States if the
admission of the alien is necessary to permit the
United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19,
1967, or other applicable international obligations.
(C) Exception relating to importation of goods.--
(i) In general.--Notwithstanding any other
provision of this subsection, the authorities
and requirements to impose sanctions under this
subsection shall not include the authority or a
requirement to impose sanctions on the
importation of goods.
(ii) Good defined.--In this subparagraph,
the term ``good'' means any article, natural or
man-made substance, material, supply or
manufactured product, including inspection and
test equipment, and excluding technical data.
(6) Sunset.--The authority to impose sanctions under this
subsection shall terminate on the date that is 5 years after
the date of the enactment of this Act.
(7) Definitions.--In this subsection:
(A) Admission; admitted; alien.--The terms
``admission'', ``admitted'', and ``alien'' have the
meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(B) United states person.--The term ``United States
person'' means--
(i) a United States citizen or an alien
lawfully admitted for permanent residence to
the United States;
(ii) an entity organized under the laws of
the United States or any jurisdiction within
the United States, including a foreign branch
of such an entity; or
(iii) any person within the United States.
(b) Repeal of National Interest Waiver Under Protecting Europe's
Energy Security Act of 2019.--Section 7503 of the Protecting Europe's
Energy Security Act of 2019 (title LXXV of Public Law 116-92; 22 U.S.C.
9526 note) is amended--
(1) in subsection (a)(1)(C), by striking ``subsection (i)''
and inserting ``subsection (h)'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) through (k) as
subsections (f) through (j), respectively; and
(4) in subsection (i), as redesignated by paragraph (3), by
striking ``subsection (h)'' and inserting ``subsection (g)''.
SEC. 1326. REPORT ON AZERBAIJAN.
(a) Sense of Congress on Azerbaijan's Illegal Detention of Armenian
Prisoners of War.--
(1) Findings.--Congress makes the following findings:
(A) On September 27, 2020, Azerbaijan, with support
from Turkey and foreign militia groups, launched a
military assault on Nagorno-Karabakh, also known as
Artsakh, resulting in the deaths of thousands and
displacing tens of thousands of ethnic Armenian
residents.
(B) On November 9, 2020, Azerbaijan, Armenia, and
Russia signed a tripartite statement to end the
conflict.
(C) In signing the November 9 statement, all
parties agreed that the ``exchange of prisoners of war,
hostages and other detainees as well as the remains of
the fatalities shall be carried out.''.
(D) The Third Geneva Convention, of which
Azerbaijan is a signatory, and customary international
law require the release of prisoners of war and
captured civilians upon the cessation of hostilities
and require that all detainees be treated humanely.
(E) Despite Azerbaijan's obligations under the
Geneva Conventions and their commitments in signing the
November 9 statement, long after the end of the
conflict, the Government of Azerbaijan continues to
detain an estimated 200 Armenian prisoners of war,
hostages, and detained persons, misrepresenting their
status in an attempt to justify their continued
captivity.
(F) Human Rights Watch reported in December 2020,
that Azerbaijani military forces had mistreated ethnic
Armenian prisoners of war and subjected them to
``physical abuse and humiliation''.
(G) Columbia University's Institute for the Study
of Human Rights issued a report on the conflict that
``document[s] crimes against humanity and other
atrocities committed by Azerbaijani armed forces and
Turkish-backed Islamist fighters against Armenians'',
including beheadings, summary executions, and the
desecration of human remains.
(H) There is limited reliable information about the
condition or treatment of prisoners of war and captured
civilians, and there is significant concern that female
detainees in particular could be subject to sexual
assaults and other mistreatment.
(I) The continued detainment of prisoners of war
and captured civilians by Azerbaijan calls into serious
question their commitment to human rights and
negotiating an equitable, lasting peace settlement.
(J) Armenia has fulfilled its obligations under the
November 9 statement and international law by returning
Azerbaijani prisoners of war.
(K) The United States is a co-chair, along with
France and Russia, of the Organization for Security and
Co-operation in Europe Minsk Group, which was created
to seek a durable and peaceful solution to the Nagorno-
Karabakh conflict.
(2) Sense of congress.--It is the sense of Congress that--
(A) Azerbaijan must immediately and unconditionally
return all Armenian prisoners of war and captured
civilians; and
(B) the Biden Administration should engage at all
levels with Azerbaijani authorities, including through
the Organization for Security and Co-operation in
Europe Minsk Group process, to make clear the
importance of adhering to their obligations, under the
November 9 statement and international law, to
immediately release all prisoners of war and captured
civilians.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the relevant congressional
committees a report on the following:
(1) United States-origin parts and technology discovered in
Turkish Bayraktar unmanned aerial vehicles deployed by
Azerbaijan against Nagorno Karabakh between September 27, 2020
and November 9, 2020, including an assessment of any potential
violations of violations of the Arms Export Control Act or
other applicable laws, sanctions policies, or other provisions
of United States law related to the discovery of such parts and
technology.
(2) Azerbaijan's use of white phosphorous, cluster bombs,
and prohibited munitions deployed by Azerbaijan against
civilians and civilian infrastructure in Nagorno Karabakh
between September 27, 2020, and November 9, 2020, including an
assessment of any potential violations of United States or
international law related to the use of such munitions.
(3) Turkey's and Azerbaijan's recruitment of foreign
terrorist fighters to participate in Azerbaijan's offensive
military operations against Nagorno Karabakh between September
27, 2020, and November 9, 2020, including an assessment of any
related potential violations of United States law, the
International Convention against the Recruitment, Use,
Financing and Training of Mercenaries, or other international
or multilateral treaties.
(c) Relevant Congressional Committees.--In this section, the term
``relevant congressional committees'' means the Committee on Foreign
Affairs and Committee on Armed Services of the House of Representatives
and the Committee on Foreign Relations and Committee on Armed Services
of the Senate.
(1) Azerbaijan must immediately and unconditionally return
all Armenian prisoners of war and captured civilians; and
(2) the Biden Administration should engage at all levels
with Azerbaijani authorities, including through the
Organization for Security and Co-operation in Europe Minsk
Group process, to make clear the importance of adhering to
their obligations, under the November 9 statement and
international law, to immediately release all prisoners of war
and captured civilians.
SEC. 1327. RULE OF LAW AND DEMOCRATIC STABILITY IN CENTRAL AMERICA ACT.
(a) Sanctions Relating to Acts of Significant Corruption and Anti-
democratic Behavior.--
(1) Extension of visa sanctions against persons engaging in
acts of significant corruption.--Each person listed pursuant to
the requirements of section 353(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2021 (title III of division FF of Public Law 116-260, relating
to targeted sanctions to fight corruption in El Salvador,
Guatemala, and Honduras) or pursuant to any other provision of
law requiring a report identifying foreign persons who the
President, acting through the Secretary of State, determines to
have knowingly engaged in actions that undermine democratic
processes or institutions, or in significant corruption or
obstruction of investigations, and all immediate family members
of such person, shall be deemed to be ineligible for entry into
the United States in the same manner and to the same extent as
an official ineligible for such entry pursuant to section
7031(c) of division K of such Act.
(2) International coordination.-- The Secretary of State
and Secretary of the Treasury shall seek to engage
international partners and international institutions for
information sharing and technical assistance for coordinated
action, including economic sanctions, visa restrictions, or
additional restrictions on security assistance or cooperation,
against undemocratic, corrupt actors.
(b) Limitation on Assistance With Respect to El Salvador, Honduras,
or Guatemala.--
(1) Limitation.--Funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for
the Department of Defense or the Department of State may be
obligated or expended for assistance, including training and
equipment, to a unit or member of the security forces of El
Salvador, Honduras, or Guatemala only if such unit--
(A)(i) has had no credible allegation of
significant corruption, including in its leadership,
within the five years prior to the date of the
enactment of this section;
(ii) has had no credible allegation of
impeding democratic processes within the five
years prior to such date of enactment; and
(iii) has had no credible allegation of
threatening personnel of the United States
Government or international organizations
within the five years prior to such date of
enactment; or
(B) the government of such country has taken
effective steps to hold accountable any person or unit
of a security force credibly alleged to have engaged in
an activity described in clauses (i) through (iii) of
subparagraph (A).
(2) Vetting report required.--Not later than 60 days after
providing any assistance described in paragraph (1), the
Secretary of Defense, in coordination with the Secretary of
State, shall submit to the congressional defense committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a report that--
(A) identifies the unit to which such assistance
has been provided;
(B) describes the vetting process used; and
(C) describes how such assistance is impacting
United States policy and how the relevant country is
taking effective steps to prevent any misuse of such
assistance.
(3) Transfer authority.--The Secretary of Defense and the
Secretary of State, respectively, may make available amounts
withheld from obligation or expenditure pursuant to the
limitation under paragraph (1) for programs in El Salvador,
Honduras, or Guatemala that do not support the central
governments of such countries.
(4) Report on northern triangle countries.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of State,
and shall submit to the appropriate congressional
committees a report that includes the following:
(i) A description of any ongoing or planned
activities in cooperation with the security
forces of the Northern Triangle countries.
(ii) An assessment of the adherence of the
security forces of the Northern Triangle
countries to human rights norms and the rule of
law, and a description of any ongoing or
planned activities between the United States
and the Northern Triangle countries focused on
protection of human rights and adherence to the
rule of law, as well as the response by the
Department to any serious violations of human
rights or anti-democratic actions by the
security forces of such countries.
(iii) A list of all United States training
and equipment provided to the security forces
of the Northern Triangle countries within the 2
years prior to the date of the enactment of
this Act, the number of inspections of the use
of such equipment that have occurred during
that period, and the nature of those
inspections.
(iv) An evaluation of the current vetting
process used to ensure that any such equipment
is not provided to a unit or individual that is
ineligible to receive such equipment under
paragraph (1).
(v) A list of any such units or individuals
that are credibly alleged to have engaged in
serious violations of human rights, significant
corruption, or anti-democratic activities that
have received United States assistance within
the two years prior to the date of the
enactment of this Act.
(vi) A list of any such units that are
known to the Secretary to have used United
States equipment for any purpose other than the
purpose for which the equipment was provided by
the United States.
(B) Form.--The report required by subparagraph (A)
shall be submitted in unclassified form, but may
contain a classified annex.
(C) Definitions.--In this paragraph--
(i) the term ``Northern Triangle
countries'' means El Salvador, Honduras, and
Guatemala; and
(ii) the term ``appropriate congressional
committees'' means the congressional defense
committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee
on Foreign Relations of the Senate.
(c) State Department Fellowships for Rule of Law Activities in
Central America.--
(1) Establishment.--There is established in the Department
of State a fellowship program, to be known as the ``Central
American Network for Democracy'', to support a regional corps
of civil society, activists, lawyers (including members of the
judiciary and prosecutors' offices), journalists, and
investigators to leverage lessons learned in order to
contribute to regional democracy and rule of law activities in
Central America, including electoral and transition support,
institutional reform, anti-corruption investigations, and local
engagement.
(2) Regional and international support.--The Secretary of
State shall take such steps as may be necessary to obtain
support for such fellowships from international foundations,
regional and United States governmental and nongovernmental
organizations, and regional and United States universities.
(3) Focus; safety.--Activities carried out under the
fellowship--
(A) should focus on coordination and consultation
with key bodies to continue their democracy efforts,
including the Department of Justice, Department of
Treasury, Department of State, the United States Agency
for International Development, the Organization of
American States, the Inter-American Court for Human
Rights, and the United Nations; and
(B) may include strengthened protection for the
physical safety of individuals who must leave their
home country to participate in the program, including
assistance for temporary relocation, English language
learning, and mental health support.
(d) Reports and Briefing Required.--
(1) Annual progress report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary of State shall submit to
Congress a report entitled ``Rule of Law and Democratic
Stability in Central America,'' that includes--
(i) a description of the efforts of the
Department of State, working with the United
States Agency for International Development, to
address whole-of-government approaches to
counter democratic deficiencies or backsliding,
endemic corruption, efforts to weaken the rule
of law, and attacks against independent media
and civil society organizations that threaten
political instability and prevent equitable
development opportunities in the preceding
year; and
(ii) a description of all economic
sanctions, visa restrictions, or other measures
taken by the United States to achieve the goals
described in paragraph (1), and the impact of
such actions.
(B) Form; publication.--
(i) Form.--The report required by
subparagraph (A) shall be submitted in
unclassified form but may include a classified
annex.
(ii) Publication.--The unclassified portion
of each report required by subparagraph (A)
shall be made publicly available by the
committee or committees of Congress receiving
such report.
(2) Inclusion of corruption concerns in other reporting.--
The Secretary of State shall include consideration of measures
against corruption in the context of all required reporting
with respect to human rights, including in the annual Country
Reports on Human Rights Practices submitted pursuant to section
116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n).
(3) International financial institution funding
assessment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
Congress a review of all United States funding made available
to international financial institutions in the previous fiscal
year that includes a determination whether any such funding has
been provided to any individual or any institution led by an
individual credibly alleged to have engaged in acts of
corruption or the obstruction of democratic processes or
institutions. Such review shall also include a description of
the actions taken in the instance that funds are misused,
abused, or assessed to be misused, abused, or otherwise used
for corrupt or undemocratic actions, and how the public
procurement process played a role in the matter.
(4) Central america intelligence assessment.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of State, in coordination with the Director of
National Intelligence and the heads of other applicable Federal
departments and agencies shall conduct and submit to Congress
an intelligence assessment examining improper influence or
interference by persons comprising corrupt power structures and
illicit networks, such as organized crime, over the security
sector, judicial sector, legislative bodies, and public finance
and procurement processes in Central American countries, in
order to prioritize investigations of individuals who play a
significant role in enabling high level corruption and
obstruction of democratic processes, including--
(A) current or former officials of the security
sector or the justice sector, including officials of
any sector or ministry involved in the selection of
prosecutors or other judicial officers, who have
willfully cooperated or colluded with such corrupt
structures or illicit networks;
(B) private citizens, entities, and nongovernmental
organizations involved in--
(i) the bribery of or threats against,
personnel of the justice sector, journalists,
or activists; or
(ii) the misuse of disciplinary proceedings
and formal and informal sanctions with respect
to the justice sector with the intention of
harassing, punishing, or otherwise interfering
with the legitimate exercise of a judge's
professional activities
(C) any other persons directly involved in,
financing, or otherwise supporting, the activities
described in subparagraph (A) or (B).
(5) Quarterly briefings.--
(A) In general.--The Secretary of State shall
provide quarterly briefings, including in classified
form as appropriate, to the appropriate congressional
committees to discuss the strategy of the Department to
leverage all United States tools, including non-public
and public visa restrictions or revocations, economic
sanctions, asset forfeitures, or criminal charges, to
sanction the foreign persons described in subparagraph
(B), any actions taken in the preceding quarter against
corrupt and undemocratic foreign persons, and the
outcome of such actions to date. Such briefings shall
also include a discussion of actions proposed to be
taken in the forthcoming quarter with respect to such
persons.
(B) Targeted foreign nationals.--The foreign
persons described in this subparagraph are the
following:
(i) Foreign persons identified in the
intelligence assessment required by paragraph
(4), including persons providing material
support for acts of significant corruption such
as influence peddling, illicit enrichment,
abuse of power, or acts that serve to protect
and maintain impunity.
(ii) Foreign persons engaging in a pattern
or practice of threatening justice sector
personnel, witnesses, victims or their
representatives in an official proceeding,
including through direct communications, public
defamation campaigns, or the intentional misuse
of legal process to harass such persons with
the purpose or effect of intimidating and
obstructing the judicial process, except that
speech, including through social media, that
would be protected in the United States under
the First Amendment to the United States
Constitution may not be construed to constitute
such a pattern or practice.
(iii) Foreign persons providing a thing of
value in exchange for an official act,
including--
(I) providing campaign funds for
the purpose of securing lax enforcement
of the law or access to public
resources; or
(II) supporting appointment to an
official post in exchange for favorable
treatment.
(iv) Foreign persons obstructing justice in
human rights or corruption investigations or
prosecutions, including by filing legal claims
for an improper purpose such as to harass,
delay or increase the cost of litigation.
(v) Foreign persons repressing free speech,
assembly, or organization.
(vi) Foreign persons threatening or
committing violence or intimidation against
investigators, activists, journalists, or human
rights defenders.
(vii) Foreign persons committing actions or
policies that undermine democratic processes or
institutions.
(viii) Foreign persons attempting to
manipulate elections or suppress votes,
including through the misuse of administrative
resources, corrupt interference in the
regulation or administration of elections,
intimidation at the polls, or the intentional
publication of false information pertaining to
elections, candidates, or parties.
(ix) Foreign persons interfering in any
election for public office in Central America
or in the United States, including official
candidate selection processes or campaign
finance.
(x) Foreign officials or groups providing
financial support or indirect support to any
other person engaged in one or more of the
activities described in this paragraph.
(e) Authorization of Appropriations to Support Rule of Law and
Anti-corruption Activities.--There is authorized to be appropriated
$10,000,000 for the Secretary of State and the Administrator of the
United States Agency for International Development to strengthen the
rule of law, combat corruption, consolidate democratic governance, and
protect and defend human rights, including for activities carried out
with respect to Central American countries.
SEC. 1328. DEPARTMENT OF STATE EFFORTS REGARDING FIREARMS TRAFFICKING
TO MEXICO.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall report to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate on the Department of State's actions to disrupt
firearms trafficking to Mexico that includes--
(1) the results of the Department's efforts in Mexico on
combating firearms trafficking from the United States; and
(2) the Department's actions to implement the
recommendations, including targets with baselines and
timeframes for the Department's efforts in Mexico on combating
firearms trafficking, contained in the report of the Government
Accountability Office entitled ``Firearms Trafficking: U.S.
Efforts to Disrupt Gun Smuggling into Mexico Would Benefit from
Additional Data and Analysis'', dated February 22, 2021 (GAO-
21-322).
SEC. 1329. GRAY ZONE REVIEW ACT.
(a) Study Required.--Not later than 180 days after the enactment of
this Act, the Comptroller General shall submit to Congress a study on
the capabilities of the United States to conduct and respond to gray
zone campaigns.
(b) Elements With Respect to the Nature of Gray Zone Operations.--
(1) An evaluation of the adequacy and utility of the
definitions set forth in subsection (h) for understanding gray
zone activity and for operationalizing gray zone campaigns.
(2) Agencies, offices, and units of the Federal Government
that are suited to gray zone operations or are at particular
risk from gray zone operations that are not covered agencies
for purposes of this section.
(c) Elements With Respect to Covered Agencies.--The study shall
examine the following with respect to each covered agency:
(1) The capabilities, offices, and units that are
especially suited to gray zone operations and a description of
the roles each can play.
(2) Recommendations for addressing gaps within covered
agencies for effectively conducting gray zone operations
including proposed necessary investments to significantly
increase these capabilities to mitigate gray zone threats, the
rationale for each, and expected cost.
(d) Subdivisions With Respect to Certain Covered Agencies.--In
addition to the elements described in paragraph (2) with respect to the
agency as a whole, the report required under paragraph (1) shall also
include specifically disaggregated information on the following:
(1) With respect to the section of the report relating to
the Department of Defense, the information described in
subsection (c) with respect to each military service and
regional combatant command, as appropriate.
(2) With respect to the section of the study relating to
the Department of State--
(A) an identification of 25 priority countries at
the front lines of adversary gray zone aggression; and
(B) the adequacy of the Department of State's
public affairs elements, including the Global
Engagement Center, for conducting and responding to
information operations conducted as part of a gray zone
campaign.
(e) Elements With Respect to Interagency.--The study shall examine
the following with respect to interagency coordination of and capacity
to conduct and respond to gray zone campaigns:
(1) The capacity of the interagency to marshal disparate
elements of national power to effectively respond in a
coordinated manner to adversary gray zone campaigns against the
United States or partner nations.
(2) The capacity to recognize adversary campaigns from weak
signals, including rivals' intent, capability, impact,
interactive effects, and impact on United States interests.
(3) A description of the process for determining the
tolerance for adversary gray zone activity, including the
methods and mechanisms for--
(A) determining which adversary gray zone
activities are unacceptable;
(B) communicating these positions to adversaries;
(C) developing theories of deterrence; and
(D) establishing and regularly reviewing protocols
with allies and partners to respond to such activities.
(4) Recommendations for addressing gaps between covered
agencies as well as inadequacies and inefficiencies in the
interagency coordination of covered agencies and their elements
including a discussion of how such recommendations will be
sufficient to achieve United States gray zone objectives and to
counter adversary gray zone campaigns.
(f) Form.--The report described in this subsection shall be
submitted in an unclassified format insofar as possible and shall
include a classified annex.
(g) Covered Agencies Defined.--For purposes of the review and
report described in paragraph (1), the term ``covered agencies'' means
the following:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Commerce
(5) The Department of Homeland Security.
(6) The Department of the Treasury.
(7) The Office of the Director of National Intelligence.
(8) The Central Intelligence Agency.
(9) The National Security Agency.
(10) The United States International Development Finance
Corporation.
(11) The United States Agency for Global Media.
(12) The United States Trade Representative.
(h) Definition.--For purposes of this section:
(1) The term ``gray zone operations'' is defined as state-
directed operations against another state that are not
associated with routine statecraft and are meant to advance a
country's foreign objectives without crossing a threshold that
results in a conventional military response or open
hostilities. Such activities include the following:
(A) Information warfare, including the spreading of
disinformation or propaganda.
(B) Encouraging internal strife within target
countries.
(C) Coordinated efforts to unduly influence
democratic elections or related political activities.
(D) Economic coercion.
(E) Cyber operations, below the threshold of
conflict, aimed at coercion, espionage, or otherwise
undermining a target.
(F) Support of domestic or foreign proxy forces.
(G) Coercive investment and bribery for political
aims.
(H) Industrial policy designed to monopolize a
strategic industry or to destroy such an industry in
other nations, especially when coordinated with other
gray zone operations.
(I) Military, paramilitary, or similar provocations
and operations short of war.
(J) Government financing or sponsorship of
activities described in subparagraphs (A) through (I).
(2) The term ``gray zone campaigns'' is the use of gray
zone operations, including the coordination of gray zone
operations against multiple domains, with the goal of achieving
a political or military objective.
SEC. 1330. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION.
(a) Findings.--Congress makes the following findings:
(1) The International Criminal Police Organization
(INTERPOL) works to prevent and fight crime through enhanced
cooperation and innovation on police and security matters,
including kleptocracy, counterterrorism, cybercrime,
counternarcotics, and transnational organized crime.
(2) United States membership and participation in INTERPOL
advances the national security and law enforcement interests of
the United States related to combating kleptocracy, terrorism,
cybercrime, narcotics, and transnational organized crime.
(3) Article 2 of INTERPOL's Constitution states that the
organization aims ``[to] ensure and promote the widest possible
mutual assistance between all criminal police authorities . . .
in the spirit of the `Universal Declaration of Human Rights'''.
(4) Article 3 of INTERPOL's Constitution states that ``[i]t
is strictly forbidden for the Organization to undertake any
intervention or activities of a political, military, religious
or racial character''.
(5) These principles provide INTERPOL with a foundation
based on respect for human rights and avoidance of politically
motivated actions by the organization and its members.
(6) According to the Justice Manual of the United States
Department of Justice, ``[i]n the United States, national law
prohibits the arrest of the subject of a Red Notice issued by
another INTERPOL member country, based upon the notice alone''.
(b) Sense of Congress.--It is the sense of Congress that some
INTERPOL member countries have repeatedly misused INTERPOL's databases
and processes, including Notice and Diffusion mechanisms, for
activities of an overtly political or other unlawful character and in
violation of international human rights standards, including making
requests to harass or persecute political opponents, human rights
defenders, or journalists.
(c) Support for Interpol Institutional Reforms.--The Attorney
General and the Secretary of State shall--
(1) use the voice, vote, and influence of the United
States, as appropriate, within INTERPOL's General Assembly and
Executive Committee to promote reforms aimed at improving the
transparency of INTERPOL and ensuring its operation consistent
with its Constitution, particularly articles 2 and 3, and Rules
on the Processing of Data, including--
(A) supporting INTERPOL's reforms enhancing the
screening process for Notices, Diffusions, and other
INTERPOL communications to ensure they comply with
INTERPOL's Constitution and Rules on the Processing of
Data (RPD);
(B) supporting and strengthening INTERPOL's
coordination with the Commission for Control of
INTERPOL's Files (CCF) in cases in which INTERPOL or
the CCF has determined that a member country issued a
Notice, Diffusion, or other INTERPOL communication
against an individual in violation of articles 2 or 3
of the INTERPOL Constitution, or the RPD, to prohibit
such member country from seeking the publication or
issuance of any subsequent Notices, Diffusions, or
other INTERPOL communication against the same
individual based on the same set of claims or facts;
(C) increasing, to the extent practicable,
dedicated funding to the CCF and the Notices and
Diffusions Task Force in order to further expand
operations related to the review of requests for red
notices and red diffusions;
(D) supporting candidates for positions within
INTERPOL's structures, including the Presidency,
Executive Committee, General Secretariat, and CCF who
have demonstrated experience relating to and respect
for the rule of law;
(E) seeking to require INTERPOL in its annual
report to provide a detailed account, disaggregated by
member country or entity of--
(i) the number of Notice requests,
disaggregated by color, that it received;
(ii) the number of Notice requests,
disaggregated by color, that it rejected;
(iii) the category of violation identified
in each instance of a rejected Notice;
(iv) the number of Diffusions that it
cancelled without reference to decisions by the
CCF; and
(v) the sources of all INTERPOL income
during the reporting period; and
(F) supporting greater transparency by the CCF in
its annual report by providing a detailed account,
disaggregated by country, of--
(i) the number of admissible requests for
correction or deletion of data received by the
CCF regarding issued Notices, Diffusions, and
other INTERPOL communications; and
(ii) the category of violation alleged in
each such complaint;
(2) inform the INTERPOL General Secretariat about incidents
in which member countries abuse INTERPOL communications for
politically motivated or other unlawful purposes so that, as
appropriate, action can be taken by INTERPOL; and
(3) request to censure member countries that repeatedly
abuse and misuse INTERPOL's red notice and red diffusion
mechanisms, including restricting the access of those countries
to INTERPOL's data and information systems.
(d) Report on Interpol.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and biannually thereafter for a period
of 4 years, the Attorney General and the Secretary of State, in
consultation with the heads of other relevant United States
Government departments or agencies, shall submit to the
appropriate committees of Congress a report containing an
assessment of how INTERPOL member countries abuse INTERPOL Red
Notices, Diffusions, and other INTERPOL communications for
political motives and other unlawful purposes within the past
three years.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A list of countries that the Attorney General
and the Secretary determine have repeatedly abused and
misused the red notice and red diffusion mechanisms for
political purposes.
(B) A description of the most common tactics
employed by member countries in conducting such abuse,
including the crimes most commonly alleged and the
INTERPOL communications most commonly exploited.
(C) An assessment of the adequacy of INTERPOL
mechanisms for challenging abusive requests, including
the Commission for the Control of INTERPOL's Files
(CCF), an assessment of the CCF's March 2017 Operating
Rules, and any shortcoming the United States believes
should be addressed.
(D) A description of how INTERPOL's General
Secretariat identifies requests for red notice or red
diffusions that are politically motivated or are
otherwise in violation of INTERPOL's rules and how
INTERPOL reviews and addresses cases in which a member
country has abused or misused the red notice and red
diffusion mechanisms for overtly political purposes.
(E) A description of any incidents in which the
Department of Justice assesses that United States
courts and executive departments or agencies have
relied on INTERPOL communications in contravention of
existing law or policy to seek the detention of
individuals or render judgments concerning their
immigration status or requests for asylum, with holding
of removal, or convention against torture claims and
any measures the Department of Justice or other
executive departments or agencies took in response to
these incidents.
(F) A description of how the United States monitors
and responds to likely instances of abuse of INTERPOL
communications by member countries that could affect
the interests of the United States, including citizens
and nationals of the United States, employees of the
United States Government, aliens lawfully admitted for
permanent residence in the United States, aliens who
are lawfully present in the United States, or aliens
with pending asylum, withholding of removal, or
convention against torture claims, though they may be
unlawfully present in the United States.
(G) A description of what actions the United States
takes in response to credible information it receives
concerning likely abuse of INTERPOL communications
targeting employees of the United States Government for
activities they undertook in an official capacity.
(H) A description of United States advocacy for
reform and good governance within INTERPOL.
(I) A strategy for improving interagency
coordination to identify and address instances of
INTERPOL abuse that affect the interests of the United
States, including international respect for human
rights and fundamental freedoms, citizens and nationals
of the United States, employees of the United States
Government, aliens lawfully admitted for permanent
residence in the United States, aliens who are lawfully
present in the United States, or aliens with pending
asylum, withholding of removal, or convention against
torture claims, though they may be unlawfully present
in the United States.
(3) Form of report.--Each report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex, as appropriate. The unclassified
portion of the report shall be posted on a publicly available
website of the Department of State and of the Department of
Justice.
(4) Briefing.--Not later than 30 days after the submission
of each report under paragraph (1), the Department of Justice
and the Department of State, in coordination with other
relevant United States Government departments and agencies,
shall brief the appropriate committees of Congress on the
content of the reports and recent instances of INTERPOL abuse
by member countries and United States efforts to identify and
challenge such abuse, including efforts to promote reform and
good governance within INTERPOL.
(e) Prohibition Regarding Basis for Extradition.--No United States
Government department or agency may extradite an individual based
solely on an INTERPOL Red Notice or Diffusion issued by another
INTERPOL member country for such individual.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives.
(2) Interpol communications.--The term ``INTERPOL
communications'' means any INTERPOL Notice or Diffusion or any
entry into any INTERPOL database or other communications system
maintained by INTERPOL.
(g) Interpol Red Notices.--Chapter 53 of title 31, United States
Code, is amended by adding at the end the following:
``SEC. 5337 INTERPOL RED NOTICES.
``(a) Termination.--A financial institution may not terminate any
service such financial institution offers to a person with respect to
whom the International Criminal Police Organization has issued a Red
Notice solely on the basis of the issuance of such Red Notice.
``(b) Exclusion.--A financial institution may not exclude from any
service offered by such financial institution a person with respect to
whom the International Criminal Police Organization issued a Red Notice
solely on the basis of the issuance of such Red Notice.''.
SEC. 1331. COMBATING GLOBAL CORRUPTION.
(a) Definitions.--In this section:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a
government official or government entity responsible
for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity
described in subparagraph (A) has a significant stake,
which is responsible for, or complicit in, an act of
corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain, including
by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making,
such as policy or resource determinations, or other
fundamental functions of governance.
(B) Involves economically or socially large-scale
government activities.
(b) Publication of Tiered Ranking List.--
(1) In general.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking of
all foreign countries.
(2) Tier 1 countries.--A country shall be ranked as a tier
1 country in the ranking published under paragraph (1) if the
government of such country is complying with the minimum
standards set forth in section 4.
(3) Tier 2 countries.--A country shall be ranked as a tier
2 country in the ranking published under paragraph (1) if the
government of such country is making efforts to comply with the
minimum standards set forth in section 4, but is not achieving
the requisite level of compliance to be ranked as a tier 1
country.
(4) Tier 3 countries.--A country shall be ranked as a tier
3 country in the ranking published under paragraph (1) if the
government of such country is making de minimis or no efforts
to comply with the minimum standards set forth in subsection
(c).
(c) Minimum Standards for the Elimination of Corruption and
Assessment of Efforts to Combat Corruption.--
(1) In general.--The government of a country is complying
with the minimum standards for the elimination of corruption if
the government--
(A) has enacted and implemented laws and
established government structures, policies, and
practices that prohibit corruption, including
significant corruption;
(B) enforces the laws described in subparagraph (A)
by punishing any person who is found, through a fair
judicial process, to have violated such laws;
(C) prescribes punishment for significant
corruption that is commensurate with the punishment
prescribed for serious crimes; and
(D) is making serious and sustained efforts to
address corruption, including through prevention.
(2) Factors for assessing government efforts to combat
corruption.--In determining whether a government is making
serious and sustained efforts to address corruption, the
Secretary of State shall consider, to the extent relevant or
appropriate, factors such as--
(A) whether the government of the country has
criminalized corruption, investigates and prosecutes
acts of corruption, and convicts and sentences persons
responsible for such acts over which it has
jurisdiction, including, as appropriate, incarcerating
individuals convicted of such acts;
(B) whether the government of the country
vigorously investigates, prosecutes, convicts, and
sentences public officials who participate in or
facilitate corruption, including nationals of the
country who are deployed in foreign military
assignments, trade delegations abroad, or other similar
missions, who engage in or facilitate significant
corruption;
(C) whether the government of the country has
adopted measures to prevent corruption, such as
measures to inform and educate the public, including
potential victims, about the causes and consequences of
corruption;
(D) what steps the government of the country has
taken to prohibit government officials from
participating in, facilitating, or condoning
corruption, including the investigation, prosecution,
and conviction of such officials;
(E) the extent to which the country provides
access, or, as appropriate, makes adequate resources
available, to civil society organizations and other
institutions to combat corruption, including reporting,
investigating, and monitoring;
(F) whether an independent judiciary or judicial
body in the country is responsible for, and effectively
capable of, deciding corruption cases impartially, on
the basis of facts and in accordance with the law,
without any improper restrictions, influences,
inducements, pressures, threats, or interferences
(direct or indirect);
(G) whether the government of the country is
assisting in international investigations of
transnational corruption networks and in other
cooperative efforts to combat significant corruption,
including, as appropriate, cooperating with the
governments of other countries to extradite corrupt
actors;
(H) whether the government of the country
recognizes the rights of victims of corruption, ensures
their access to justice, and takes steps to prevent
victims from being further victimized or persecuted by
corrupt actors, government officials, or others;
(I) whether the government of the country protects
victims of corruption or whistleblowers from reprisal
due to such persons having assisted in exposing
corruption, and refrains from other discriminatory
treatment of such persons;
(J) whether the government of the country is
willing and able to recover and, as appropriate, return
the proceeds of corruption;
(K) whether the government of the country is taking
steps to implement financial transparency measures in
line with the Financial Action Task Force
recommendations, including due diligence and beneficial
ownership transparency requirements;
(L) whether the government of the country is
facilitating corruption in other countries in
connection with state-directed investment, loans or
grants for major infrastructure, or other initiatives;
and
(M) such other information relating to corruption
as the Secretary of State considers appropriate.
(3) Assessing government efforts to combat corruption in
relation to relevant international commitments.--In determining
whether a government is making serious and sustained efforts to
address corruption, the Secretary of State shall consider the
government of a country's compliance with the following, as
relevant:
(A) The Inter-American Convention against
Corruption of the Organization of American States, done
at Caracas March 29, 1996.
(B) The Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions
of the Organisation of Economic Co-operation and
Development, done at Paris December 21, 1997 (commonly
referred to as the ``Anti-Bribery Convention'').
(C) The United Nations Convention against
Transnational Organized Crime, done at New York
November 15, 2000.
(D) The United Nations Convention against
Corruption, done at New York October 31, 2003.
(E) Such other treaties, agreements, and
international standards as the Secretary of State
considers appropriate.
(d) Imposition of Sanctions Under Global Magnitsky Human Rights
Accountability Act.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of the Treasury, should evaluate whether
there are foreign persons engaged in significant corruption for
the purposes of potential imposition of sanctions under the
Global Magnitsky Human Rights Accountability Act (subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 2656 note)--
(A) in all countries identified as tier 3 countries
under subsection (b); or
(B) in relation to the planning or construction or
any operation of the Nord Stream 2 pipeline.
(2) Report required.--Not later than 180 days after
publishing the list required by subsection (b)(1) and annually
thereafter, the Secretary of State shall submit to the
committees specified in paragraph (6) a report that includes--
(A) a list of foreign persons with respect to which
the President imposed sanctions pursuant to the
evaluation under paragraph (1);
(B) the dates on which such sanctions were imposed;
(C) the reasons for imposing such sanctions; and
(D) a list of all foreign persons found to have
been engaged in significant corruption in relation to
the planning, construction, or operation of the Nord
Stream 2 pipeline.
(3) Form of report.--Each report required by paragraph (2)
shall be submitted in unclassified form but may include a
classified annex.
(4) Briefing in lieu of report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except
with respect to the list required by paragraph (2)(D)) provide
a briefing to the committees specified in paragraph (6) instead
of submitting a written report required under paragraph (2), if
doing so would better serve existing United States anti-
corruption efforts or the national interests of the United
States.
(5) Termination of requirements relating to nord stream
2.--The requirements under paragraphs (1)(B) and (2)(D) shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
(6) Committees specified.--The committees specified in this
subsection are--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
and the Committee on the Judiciary of the House of
Representatives.
(e) Designation of Embassy Anti-corruption Points of Contact.--
(1) In general.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2 or
tier 3 under section 3, or which the Secretary otherwise
determines is in need of such a point of contact. The point of
contact shall be the chief of mission or the chief of mission's
designee.
(2) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation of
a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(A) promote good governance in foreign countries;
and
(B) enhance the ability of such countries--
(i) to combat public corruption; and
(ii) to develop and implement corruption
risk assessment tools and mitigation
strategies.
(3) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under paragraph (1).
SEC. 1332. REPORT ON PARTICIPANTS IN SECURITY COOPERATION TRAINING
PROGRAMS AND RECIPIENTS OF SECURITY ASSISTANCE TRAINING
THAT HAVE BEEN DESIGNATED FOR HUMAN RIGHTS ABUSES,
TERRORIST ACTIVITIES OR PARTICIPATION IN A MILITARY COUP.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Defense, in consultation with the heads of other appropriate Federal
departments and agencies, shall submit to the appropriate congressional
committees a report on individuals and units of security forces of
foreign countries that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the period beginning on January 1,
2010, and ending on the date of the enactment of this Act--
(A) have been subject to United States sanctions
relating to violations of human rights under any
provision of law, including under--
(i) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note);
(ii) section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d); or
(iii) section 362 of title 10, United
States Code;
(B) have been subject to United States sanctions
relating to terrorist activities under authorities
provided in--
(i) section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(ii) the National Emergencies Act (50
U.S.C. 1601 et seq.);
(iii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), other than
sanctions on the importation of goods provided
for under such Act; or
(iv) any other provision of law; or
(C) have been subject to United States sanctions
relating to involvement in a military coup under any
provision of law.
(b) Update.--The Secretary of State and the Secretary of Defense,
in consultation with the heads of other appropriate Federal departments
and agencies, shall submit to the appropriate congressional committees
an annual update of the report required by subsection (a) on
individuals and units of security forces of foreign countries that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the preceding year, any of the
provisions of subparagraph (A),(B), or (C) of subsection (a)(2)
have applied with respect to such individuals or units.
(c) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 30 days after receiving a
written request from the chairperson and ranking member of the one of
the appropriate congressional committees with respect to whether an
individual or unit of security forces of foreign countries has received
training described in subsection (a)(1), the Secretary of State and the
Secretary of Defense, in consultation with the heads of other
appropriate agencies, shall--
(1) determine if that individual or unit has received such
training; and
(2) submit a report to the chairperson and ranking member
of that committee with respect to that determination that
includes a detailed description of the training the individual
received.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Good.--The term ``good'' means any article, natural or
man-made substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
SEC. 1333. SENSE OF CONGRESS RELATING TO THE GRAND ETHIOPIAN
RENAISSANCE DAM.
It is the sense of Congress that it is in the best interests of the
region for Egypt, Ethiopia, and Sudan to immediately reach a just and
equitable agreement regarding the filling and operation of the Grand
Ethiopian Renaissance Dam.
SEC. 1334. PROHIBITION ON SUPPORT OR MILITARY PARTICIPATION AGAINST THE
HOUTHIS.
(a) Prohibition Relating to Support.--None of the funds authorized
to be appropriated or otherwise made available by this Act may be made
available to provide the following forms of United States support to
Saudi-led coalition's operations against the Houthis in Yemen:
(1) Sharing intelligence for the purpose of enabling
offensive coalition strikes.
(2) Providing logistical support for coalition strikes,
including by providing maintenance or transferring spare parts
to coalition members flying warplanes engaged in anti-Houthi
bombings.
(b) Prohibition Relating to Military Participation.--None of the
funds authorized to be appropriated or otherwise made available by this
Act may be made available for any civilian or military personnel of the
Department of Defense to command, coordinate, participate in the
movement of, or accompany the regular or irregular military forces of
the Saudi and United Arab Emirates-led coalition forces in hostilities
against the Houthis in Yemen or in situations in which there exists an
imminent threat that such coalition forces become engaged in such
hostilities, unless and until the President has obtained specific
statutory authorization, in accordance with section 8(a) of the War
Powers Resolution (50 U.S.C. 1547(a)).
(c) Rule of Construction.--The prohibitions under this section may
not be construed to apply with respect to United States Armed Forces
engaged in operations directed at al Qaeda or associated forces.
SEC. 1335. DETERMINATION AND SUSPENSION OF CERTAIN DEFENSE SERVICES AND
SUPPORT TO SAUDI ARABIA.
(a) Statement of Policy.--It is the policy of the United States--
(1) to continue to support and further efforts to bring an
end to the conflict in Yemen;
(2) to ensure United States defense articles and services
are not used for military operations resulting in civilian
casualties;
(3) to ensure section 502 of the Foreign Assistance Act of
1961 (22 U.S.C. 2302; relating to utilization of defense
articles) and section 4 of the Foreign Military Sales Act (22
U.S.C. 2754) are upheld and which describe the purposes for
which military sales by the United States are authorized,
including ``legitimate self-defense'', ``internal security'',
and ``preventing or hindering the proliferation of weapons of
mass destruction or the means of delivering such weapons''; and
(4) to work with allies and partners to address the ongoing
humanitarian needs of Yemeni civilians.
(b) Determination and Report to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President, acting through the
Secretary of State and the Secretary of Defense, shall
determine and report to appropriate congressional committees of
whether the Government of Saudi Arabia has undertaken offensive
airstrikes inside Yemen in the preceding year resulting in
civilian casualties.
(2) Matters to be included.--The determination and report
required by this subsection shall include the following:
(A) A full description of any such airstrikes,
including a detailed accounting of civilian casualties
incorporating information from non-governmental
sources.
(B) An identification of Government of Saudi Arabia
air units responsible for any such airstrikes.
(C) A description of aircraft and munitions used in
any such airstrikes.
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
(c) Prohibition on Authorizing Certain Foreign Military Sales to
Saudi Arabia.--Upon issuance of an affirmation determination and report
pursuant to subsection (b) with respect to offensive airstrikes inside
Yemen in the preceding year resulting in civilian casualties, the
President may not proceed with any Foreign Military Sale (FMS) using
funds authorized to be appropriated by this Act authorizing the export
to the Government of Saudi Arabia of defense services related to the
sustainment or maintenance of United States-provided aircraft belonging
to military units determined to have undertaken such airstrikes.
(d) Exception Relating to Territorial Defense and Counterterrorism
Operations.--Notwithstanding any other provision of this section, the
prohibition in subsection (c) shall not include the authority or a
requirement to impose any restrictions or prohibitions on any Foreign
Military Sale of defense services relating to aircraft engaging in
operations--
(1) preventing or degrading the ability of Houthi (Ansar
Allah) forces to launch missiles and unmanned aircraft strikes
into the territory of Saudi Arabia;
(2) related directly to counterterrorism efforts against
Al-Qaeda in the Arabian Peninsula (AQAP) and its affiliates;
(3) designed to provide territorial air defense; or
(4) directly related to the defense of United States
facilities or military or diplomatic personnel located in Saudi
Arabia.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1336. PROHIBITION ON SECURITY COOPERATION WITH BRAZIL.
None of the funds authorized to be appropriated or otherwise made
available by this Act may be made available to provide any United
States security assistance or security cooperation to the defense,
security, or police forces of the Government of Brazil for the purpose
of involuntarily relocating, including through coercion or the use of
force, the indigenous or Quilombola communities of Brazil.
SEC. 1337. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED
STATES STUDENTS AGAINST FOREIGN AGENTS.
Not later than 240 days after the date of the enactment of this
Act, the Secretary of Defense shall provide a briefing to the
congressional defense committees on the program described in section
1277 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91), including an assessment on whether the program is
beneficial to students interning, working part time, or in a program
that will result in employment post-graduation with Department of
Defense components and contractors.
SEC. 1338. SENSE OF CONGRESS ON ISRAEL AS A CRITICAL DEFENSE PARTNER.
It is the sense of Congress that it is in that national security
interest of the United States to--
(1) maintain a strong relationship with Israel and support
their military efforts;
(2) conduct military exercises with Israel, promoting
interoperability and readiness;
(3) ensure that Israel has capabilities with regards to
their defense articles to support peace efforts in the region;
(4) be a source of consistent and reliable defense
articles;
(5) work with Israel to oppose any efforts of terrorism or
radical extremism in the Middle East; and
(6) promote the belief that normalized relations with
Israel is of benefit for any country.
SEC. 1339. REPORT ON HAITI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report regarding conflict
assessment in Haiti that includes information relating to the
following:
(1) Aftershocks of the 2021 earthquake.
(2) Systemic patterns and causes of violence and subsequent
impunity relating to massacres, death threats, kidnappings,
armed attacks, and firearm-related violence, with analysis of
the roles of the various actors and beneficiaries who are or
have been involved, including Haitian Government actors.
(3) Gang activity and its role in the recent wave of
kidnappings, and the capacities of the police force to address
the most serious manifestations of insecurity.
(4) The scope and role of criminal activity and its
linkages to political forces, particularly leading up to
elections.
(5) Implications of the lack of independence of Haiti's
judicial system.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate.
SEC. 1340. STRATEGY TO COUNTER VIOLENT EXTREMISM AND ARMED CONFLICT IN
MOZAMBIQUE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
(USAID), the Secretary of Defense, and other departments and agencies
as deemed necessary, shall submit to the appropriate congressional
committees a United States strategy to counter violent extremism and
armed conflict in Mozambique, including through the provision of United
States assistance also intended to foster a peaceful post-conflict
transition in Mozambique.
(b) Elements.--The strategy required by subsection (a) shall
address or include the following:
(1) United States assistance provided to--
(A) the Government of the Republic of Mozambique
and foreign militaries, including regional partners and
allies, that have deployed military trainers, combat
troops, or other military assets to Mozambique for the
purpose of degrading all known terrorist threats,
including ISIS-Mozambique, to include United States
military efforts to train and equip Mozambican forces,
including any United States programs to counter violent
extremism in Cabo Delgado and elsewhere in Mozambique,
and any related activities pertaining to countering
violent extremism, mitigating armed conflict, and
establishing reasonable security conditions in areas of
Mozambique from where these threats emanate; and
(B) the Government of the Republic of Mozambique or
multilateral or nongovernmental recipients aimed at
supporting efforts to--
(i) respond to socioeconomic or political
disruptions and humanitarian needs in conflict-
affected areas and among conflict-affected
populations, a prospective post-conflict
transition or recovery, and economic growth and
development and improved livelihoods in
conflict-affected areas or among conflict-
affected populations; and
(ii) help address local grievances that
fuel recruitment into violent extremist groups
and other armed groups or otherwise reinforce
such groups narratives and propaganda,
including government-driven economic and
political exclusion, marginalization, and
alienation, socioeconomic inequality, state-
sponsored land transfers resulting in
population displacement, state corruption, and
abuses by security forces, among other factors.
(2) Plans for future United States assistance and
assessments of any past or current United States assistance to
achieve stability, counter violent extremism, and to address
socioeconomic, humanitarian, and security conditions in
conflict-affected areas or among conflict-affected populations,
including by programming or otherwise implementing--
(A) activities set out under paragraph (1)(A) or
efforts related to such activities, to include efforts
to ensure that such assistance is provided in
accordance with international norms and Mozambican
constitutional or other applicable legal provisions
governing and guaranteeing human rights, civilian
protection, civil liberties, and does not exacerbate
violence or risks to non-combatants;
(B) activities set out under paragraph (1)(B) or
efforts related to such activities, in a manner that
ensures program efficacy and complementarity between
United States assistance and assistance funded by other
governments, multilateral entities, or agencies thereof
to support similar goals and activities;
(C) plans to deconflict all assistance provided in
Mozambique with conflict mitigation and prevention
priorities; and
(D) assistance activities or programs designed to
foster and monitor adherence to international human
rights and humanitarian law by the Government of the
Republic of Mozambique or any entity receiving United
States assistance set out under paragraph (1).
(3) Assessments of--
(A) the capacity of the Government of the Republic
of Mozambique to effectively implement, benefit from,
or use the assistance described in paragraph (1);
(B) the impact of assistance described in paragraph
(1) on local political and social dynamics, including a
description of any consultations with local civil
society;
(C) the efficacy and impact of past and current
United States assistance described in paragraph (1) or
to promote economic growth and development and improve
livelihoods in conflict-affected areas or among
conflict-affected populations; and
(D) the degree and nature of complementarities
between United States assistance and assistance funded
by other governments, multilateral entities, or
agencies thereof to support socioeconomic and
humanitarian responses, post-conflict transitions or
recovery, and economic growth and development and
improve livelihoods in conflict-affected areas or among
conflict-affected populations, to include World Bank
International Development Association (IDA) or other
World Bank entity assistance to Mozambique's Northern
Crisis Recovery Project and any additional such
assistance under the International Development
Association Prevention and Resilience Allocation (PRA).
(4) Detailed descriptions of past, current, and planned
United States assistance to achieve the objectives set out in
paragraph (1), to include project or program names, activity
descriptions, implementers, and funding estimates by account,
if applicable.
(c) Goals.--The strategy required by subsection (a) shall--
(1) describe United States national security interests and
policy objectives in Mozambique and the surrounding region,
including those affected by the presence of violent extremists
and other armed groups;
(2) include a statement of key objectives pertaining to
each area of planned activity or assistance, civilian or
military, as well as metrics for measuring progress toward
attaining such objectives, data describing the status of and
progress to date toward each objective by metric, and criteria
defining the United States national security interests met by
countering violent extremism and supporting stabilization
operations, including the degree of military degradation of
ISIS-Mozambique; and
(3) be updated and transmitted to the appropriate
congressional committees annually at the beginning of each
fiscal year for at least 3 years, pending the attainment of
such activities or assistance meeting United States national
security interests and satisfactory end-state for security
conditions as set out in paragraph (2), as certified by a
determination by the President, which shall be transmitted to
the appropriate congressional committees.
(d) Congressional Notification.--Not later than 15 days prior to
the obligation of amounts made available to provide assistance in
Mozambique as set out under the strategy required by subsection (a),
the Secretary of State or the Secretary of Defense, as applicable with
regard to accounts under their respective jurisdictions, and except
where otherwise required by law, shall submit to the appropriate
congressional committees a notification, in accordance with procedures
applicable under section 634(a) or section 653(a) of the Foreign
Assistance Act of 1961, as applicable, to include an identification of
the amount and purpose of assistance to be provided to Mozambique, the
account or accounts from which such assistance is drawn or
reprogrammed, and indications of concordance between such assistance
and elements of such strategy.
(e) Termination.--The requirements of this section shall terminate
if the President selects Mozambique as a ``priority country'' pursuant
to section 505 of the Global Fragility Act of 2019 (22 U.S.C. 9804) for
purposes of the requirements of that Act.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
(2) Conflict-affected area.--The term ``conflict-affected
area'', with respect to Mozambique, means an area in Mozambique
in which ISIS-Mozambique is active or has been active,
militarily or otherwise or where state military or police
forces have operated to combat ISIS-Mozambique operations or
activities, or where there is a significant pattern of
instability, violence, and conflict.
(3) Conflict-affected populations.--The term ``conflict-
affected populations'', with respect to Mozambique, means
populations in Mozambique--
(A) affected by--
(i) ISIS-Mozambique operations or
activities in conflict-affected areas; or
(ii) government or allied military or
police response to such operations or
activities; or
(B) that have fled conflict-affected areas.
(4) ISIS-mozambique.--The term ``ISIS-Mozambique'' means
the Islamic State of Iraq and Syria-Mozambique, a group
designated by the Department of State on March 10, 2021 as a
Foreign Terrorist Organization under section 219 of the
Immigration and Nationality Act and as a Specially Designated
Global Terrorist (SDGT) entity under Executive Order 13224,
also known as Ahlu Sunnah Wa-Jama, Ansar al-Sunna, and locally
in Mozambique as al-Shabaab, among other names.
SEC. 1341. ESTABLISHMENT OF THE OFFICE OF CITY AND STATE DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended by adding at the end the following new
subsection:
``(i) Office of City and State Diplomacy.--
``(1) In general.--There shall be established within the
Department of State an Office of City and State Diplomacy (in
this subsection referred to as the `Office'). The Department
may use a similar name at its discretion and upon notification
to Congress.
``(2) Head of office.--The head of the Office shall be the
Ambassador-at-Large for City and State Diplomacy (in this
subsection referred to as the `Ambassador') or other
appropriate senior official. The head of the Office shall--
``(A) be appointed by the President, by and with
the advice and consent of the Senate; and
``(B) report directly to the Secretary, or such
other senior official as the Secretary determines
appropriate and upon notification to Congress.
``(3) Duties.--
``(A) Principal duty.--The principal duty of the
head of the Office shall be the overall coordination
(including policy oversight of resources) of Federal
support for subnational engagements by State and
municipal governments with foreign governments. The
head of the Office shall be the principal adviser to
the Secretary of State on subnational engagements and
the principal official on such matters within the
senior management of the Department of State.
``(B) Additional duties.--The additional duties of
the head of the Office shall include the following:
``(i) Coordinating overall United States
policy and programs in support of subnational
engagements by State and municipal governments
with foreign governments, including with
respect to the following:
``(I) Coordinating resources across
the Department of State and throughout
the Federal Government in support of
such engagements.
``(II) Identifying policy, program,
and funding discrepancies among
relevant Federal agencies regarding
such coordination.
``(III) Identifying gaps in Federal
support for such engagements and
developing corresponding policy or
programmatic changes to address such
gaps.
``(ii) Identifying areas of alignment
between United States foreign policy and State
and municipal goals.
``(iii) Improving communication with the
American public, including, potentially,
communication that demonstrate the breadth of
international engagement by subnational actors
and the impact of diplomacy across the United
States.
``(iv) Providing advisory support to
subnational engagements, including by assisting
State and municipal governments regarding--
``(I) developing and implementing
global engagement and public diplomacy
strategies;
``(II) implementing programs to
cooperate with foreign governments on
policy priorities or managing shared
resources; and
``(III) understanding the
implications of foreign policy
developments or policy changes through
regular and extraordinary briefings.
``(v) Facilitating linkages and networks
among State and municipal governments, and
between State and municipal governments and
their foreign counterparts, including by
tracking subnational engagements and leveraging
State and municipal expertise.
``(vi) Supporting the work of Department of
State detailees assigned to State and municipal
governments pursuant to this subsection.
``(vii) Under the direction of the
Secretary, negotiating agreements and memoranda
of understanding with foreign governments
related to subnational engagements and
priorities.
``(viii) Supporting United States economic
interests through subnational engagements, in
consultation and coordination with the
Department of Commerce, the Department of the
Treasury, and the Office of the United States
Trade Representative.
``(ix) Coordinating subnational engagements
with the associations of subnational elected
leaders, including the United States Conference
of Mayors, National Governors Association,
National League of Cities, National Association
of Counties, Council of State Governments,
National Conference of State Legislators, and
State International Development Organizations.
``(4) Coordination.--With respect to matters involving
trade promotion and inward investment facilitation, the Office
shall coordinate with and support the International Trade
Administration of the Department of Commerce as the lead
Federal agency for trade promotion and facilitation of business
investment in the United States.
``(5) Detailees.--
``(A) In general.--The Secretary of State, with
respect to employees of the Department of State, is
authorized to detail a member of the civil service or
Foreign Service to State and municipal governments on a
reimbursable or nonreimbursable basis. Such details
shall be for a period not to exceed two years, and
shall be without interruption or loss of status or
privilege.
``(B) Responsibilities.--Detailees under
subparagraph (A) should carry out the following:
``(i) Supporting the mission and objectives
of the host subnational government office.
``(ii) Advising State and municipal
government officials regarding questions of
global affairs, foreign policy, cooperative
agreements, and public diplomacy.
``(iii) Coordinating activities relating to
State and municipal government subnational
engagements with the Department of State,
including the Office, Department leadership,
and regional and functional bureaus of the
Department, as appropriate.
``(iv) Engaging Federal agencies regarding
security, public health, trade promotion, and
other programs executed at the State or
municipal government level.
``(v) Any other duties requested by State
and municipal governments and approved by the
Office.
``(C) Additional personnel support for subnational
engagement.--For the purposes of this subsection, the
Secretary of State--
``(i) is authorized to employ individuals
by contract;
``(ii) is encouraged to make use of the re-
hired annuitants authority under section 3323
of title 5, United States Code, particularly
for annuitants who are already residing across
the United States who may have the skills and
experience to support subnational governments;
and
``(iii) is encouraged to make use of
authorities under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 et seq.)
to temporarily assign State and local
government officials to the Department of State
or overseas missions to increase their
international experience and add their
perspectives on United States priorities to the
Department.
``(6) Report and briefing.--
``(A) Report.--Not later than one year after the
date of the enactment of this subsection, the head of
the Office shall submit to the Committee on Foreign
Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the
Senate a report that includes information relating to
the following:
``(i) The staffing plan (including
permanent and temporary staff) for the Office
and a justification for the location of the
Office within the Department of State's
organizational structure.
``(ii) The funding level provided to the
Office for the Office, together with a
justification relating to such level.
``(iii) The rank and title granted to the
head of the Office, together with a
justification relating to such decision and an
analysis of whether the rank and title of
Ambassador-at-Large is required to fulfill the
duties of the Office.
``(iv) A strategic plan for the Office,
including relating to--
``(I) leveraging subnational
engagement to improve United States
foreign policy effectiveness;
``(II) enhancing the awareness,
understanding, and involvement of
United States citizens in the foreign
policy process; and
``(III) better engaging with
foreign subnational governments to
strengthen diplomacy.
``(v) Any other matters as determined
relevant by the head of the Office.
``(B) Briefings.--Not later than 30 days after the
submission of the report required under subparagraph
(A) and annually thereafter, the head of the Office
shall brief the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate on
the work of the Office and any changes made to the
organizational structure or funding of the Office.
``(7) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a bureau
within the Department of State; or
``(B) the head of the Office from being elevated to
an Assistant Secretary, if such an Assistant Secretary
position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1).
``(8) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means, with
respect to the government of a municipality in the
United States, a municipality with a population of not
fewer than 100,000 people.
``(B) State.--The term `State' means the 50 States,
the District of Columbia, and any territory or
possession of the United States.
``(C) Subnational engagement.--The term
`subnational engagement' means formal meetings or
events between elected officials of State or municipal
governments and their foreign counterparts.''.
SEC. 1342. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO NON-
UNITED STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE
ONGOING CIVIL WAR IN YEMEN.
Section 1273(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1699) is amended by
striking ``two-year period'' and inserting ``four-year period''.
SEC. 1343. REPORT ON INCIDENTS OF ARBITRARY DETENTION, VIOLENCE, AND
STATE-SANCTIONED HARASSMENT BY THE GOVERNMENT OF EGYPT
AGAINST AMERICANS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report on incidents of arbitrary detention, violence, and
state-sanctioned harassment by the Government of Egypt against United
States citizens, individuals in the United States, and their family
members who are not United States citizens, in both Egypt and in the
United States.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A detailed description of such incidents in the past
three years.
(2) A determination of whether such incidents constitute a
pattern of acts of intimidation or harassment; and
(3) Actions taken to meaningfully deter incidents of
intimidation or harassment against Americans, individuals in
the United States, and their families by such government's
security agencies.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but the portions of the report described in
paragraphs (2) and (3) may contain a classified annex, so long as such
annex is provided separately from the unclassified report.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1344. MODIFICATION OF AUTHORITY OF THE PRESIDENT UNDER THE EXPORT
CONTROL REFORM ACT OF 2018.
Section 1753(a)(2)(F) of the Export Control Reform Act of 2018 (50
U.S.C. 4812(a)(2)(F)) is amended by inserting ``, security, or'' before
``intelligence''.
SEC. 1345. REPORT AND DETERMINATION ON EXTRAJUDICIAL KILLINGS AND
TORTURE BY EGYPTIAN GOVERNMENT SECURITY FORCES.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report on incidents of state-sanctioned extrajudicial
killings and torture by the security forces of the Government of Egypt.
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following:
(1) A detailed description of incidents of state-sanctioned
extrajudicial killings and torture by the security forces of
the Government of Egypt in the seven years immediately
preceding the submission of such report.
(2) A determination of whether such incidents constitute a
consistent pattern of gross violations of internationally
recognized human rights.
(3) An identification of the unit names of any Egyptian
security forces added to the Department of State-administered
list of units to which security assistance may not be furnished
pursuant to any reports containing credible information on
extrajudicial killings and torture, which reports were received
in the seven years immediately preceding the submission of the
report required under subsection (a).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but the portions of the report
described in paragraphs (2) and (3) may contain a classified annex if
such annex is provided separately from such unclassified report.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the
congressional defense committees and--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
SEC. 1346. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) Trans-Sahara Counterterrorism Partnership Program.--
(1) Establishment.--The Secretary of State, in consultation
with the Secretary of Defense and the Administrator of the
United States Agency for International Development, shall
establish a partnership program, to be known as the ``Trans-
Sahara Counterterrorism Partnership (TSCTP) Program'' to
coordinate all programs, projects, and activities of the United
States Government in countries in North and West Africa that
are conducted for any of the following purposes:
(A) To improve governance and the capacities of
countries in North and West Africa to deliver basic
services, particularly with at-risk communities, as a
means of countering terrorism and violent extremism by
enhancing state legitimacy and authority and countering
corruption.
(B) To address the factors that make people and
communities vulnerable to recruitment by terrorist and
violent extremist organizations, including economic
vulnerability and mistrust of government and government
security forces, through activities such as--
(i) supporting strategies that increase
youth employment opportunities;
(ii) promoting girls' education and women's
political participation;
(iii) strengthening local governance and
civil society capacity;
(iv) improving government transparency and
accountability;
(v) fighting corruption;
(vi) improving access to economic
opportunities; and
(vii) other development activities
necessary to support community resilience.
(C) To strengthen the rule of law in such
countries, including by enhancing the capability of the
judicial institutions to independently, transparently,
and credibly deter, investigate, and prosecute acts of
terrorism and violent extremism.
(D) To improve the ability of military and law
enforcement entities in partner countries to detect,
disrupt, respond to, and prosecute violent extremist
and terrorist activity while respecting human rights,
and to cooperate with the United States and other
partner countries on counterterrorism and counter-
extremism efforts.
(E) To enhance the border security capacity of
partner countries, including the ability to monitor,
detain, and interdict terrorists.
(F) To identify, monitor, disrupt, and counter the
human capital and financing pipelines of terrorism.
(G) To support the free expression and operations
of independent, local-language media, particularly in
rural areas, while countering the media operations and
recruitment propaganda of terrorist and violent
extremist organizations.
(2) Assistance framework.--Activities carried out under the
TSCTP Program shall--
(A) be carried out in countries where the Secretary
of State, in consultation with the Secretary of Defense
and the Administrator of the United States Agency for
International Development, determines that there is an
adequate level of partner country commitment, and has
considered partner country needs, absorptive capacity,
sustainment capacity, and efforts of other donors in
the sector;
(B) have clearly defined outcomes;
(C) be closely coordinated among United States
diplomatic and development missions, United States
Africa Command, and relevant participating departments
and agencies;
(D) have specific plans with robust indicators to
regularly monitor and evaluate outcomes and impact;
(E) complement and enhance efforts to promote
democratic governance, the rule of law, human rights,
and economic growth;
(F) in the case of train and equip programs,
complement longer-term security sector institution-
building; and
(G) have mechanisms in place to track resources and
routinely monitor and evaluate the efficacy of relevant
programs.
(3) Consultation.--In coordinating activities through the
TSCTP Program, the Secretary of State shall also establish a
coordination mechanism that ensures periodic consultation with,
as appropriate, the Director of National Intelligence, the
Secretary of the Treasury, the Attorney General, the Chief
Executive Officer of the United States Agency for Global Media
(formerly known as the Broadcasting Board of Governors), and
the heads of other relevant Federal departments and agencies,
as determined by the President.
(4) Congressional notification.--Not later than 15 days
before obligating amounts for an activity of the TSCTP Program
pursuant to paragraph (1), the Secretary of State shall submit
a notification to the appropriate congressional committees, in
accordance with the requirements of section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1), that includes the
following:
(A) The foreign country and entity, as applicable,
whose capabilities are to be enhanced in accordance
with the purposes specified in paragraph (1).
(B) The amount, type, and purpose of support to be
provided.
(C) An assessment of the capacity of the foreign
country to effectively implement, benefit from, or
utilize the assistance to be provided for the intended
purpose.
(D) The anticipated implementation timeline for the
activity.
(E) As applicable, a description of the plans to
sustain any military or security equipment provided
beyond the completion date of such activity, and the
estimated cost and source of funds to support such
sustainment.
(b) International Coordination.--Efforts carried out under this
section shall take into account partner country counterterrorism,
counter-extremism, and development strategies and, to the extent
practicable, shall be aligned with such strategies. Such efforts shall
be coordinated with counterterrorism and counter-extremism activities
and programs in the areas of defense, diplomacy, and development
carried out by other like-minded donors and international organizations
in the relevant country.
(c) Strategies.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Administrator of the United States Agency
for International Development and other relevant Federal Government
agencies, shall submit to the appropriate congressional committees the
following strategies:
(1) A comprehensive five-year strategy for the sahel-
maghreb.--A comprehensive five-year strategy for the Sahel-
Maghreb, including details related to whole-of-government
efforts in the areas of defense, diplomacy, and development to
advance the national security, economic, and humanitarian
interests of the United States, including--
(A) efforts to ensure coordination with
multilateral and bilateral partners, such as the Joint
Force of the Group of Five of the Sahel, and with other
relevant assistance frameworks;
(B) a public diplomacy strategy and actions to
ensure that populations in the Sahel-Maghreb are aware
of the development activities of the United States
Government, especially in countries with a significant
Department of Defense presence or engagement through
train and equip programs;
(C) activities aimed at supporting democratic
institutions and countering violent extremism with
measurable goals and transparent benchmarks;
(D) plans to help each partner country address
humanitarian and development needs and to help prevent,
respond to, and mitigate intercommunal violence;
(E) a comprehensive plan to support security sector
reform in each partner country that includes a detailed
section on programs and activities being undertaken by
relevant stakeholders and other international actors
operating in the sector and that incorporates as
appropriate any lessons learned from previous
initiatives to improve security sector governance; and
(F) a specific strategy for Mali that includes
plans for sustained, high-level diplomatic engagement
with stakeholders, including countries in Europe and
the Middle East with interests in the Sahel-Maghreb,
regional governments, relevant multilateral
organizations, signatory groups of the 2015 Agreement
for Peace and Reconciliation in Mali, and civil society
actors.
(2) A comprehensive five-year strategy for tsctp program
counterterrorism efforts.--A comprehensive five-year strategy
for the TSCTP Program that includes--
(A) a clear statement of the objectives of United
States counterterrorism efforts in North and West
Africa with respect to the use of all forms of United
States assistance to combat terrorism and counter
violent extremism, including efforts to build military
and civilian law enforcement capacity, strengthen the
rule of law, promote responsive and accountable
governance, and address the root causes of terrorism
and violent extremism;
(B) a plan for coordinating programs through the
TSCTP Program pursuant to subsection (a)(1), including
an identification of which agency or bureau of the
Department of State, as applicable, will be responsible
for leading, coordinating, and conducting monitoring
and evaluation for each such program, and the process
for enabling the leading agency or bureau to establish
standards, compel partners to adhere to those
standards, and report results;
(C) a plan to monitor, evaluate, and share data and
learning about the TSCTP Program that includes
quantifiable baselines, targets, and results in
accordance with monitoring and evaluation provisions of
sections 3 and 4 of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191); and
(D) a plan for ensuring coordination and compliance
with related requirements in United States law,
including the Global Fragility Act of 2019 (title V of
division J of the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94)).
(3) Consultation.--Not later than 90 days after the date of
the enactment of this Act, the Department of State shall
consult with appropriate congressional committees on progress
made towards developing the strategies required in paragraphs
(1) and (2).
(d) Supporting Material in Annual Budget Request.--The Secretary of
State shall include in the budget materials submitted to Congress in
support of the President's annual budget request (submitted to Congress
pursuant to section 1105 of title 31, United States Code) for each
fiscal year beginning after the date of the enactment of this Act, and
annually thereafter for five years, a description of the requirements,
activities, and planned allocation of amounts requested by the TSCTP
Program. This requirement does not apply to activities of the
Department of Defense conducted pursuant to authorities under title 10,
United States Code.
(e) Monitoring and Evaluation of Programs and Activities.--Not
later than one year after the date of the enactment of this Act, and
annually thereafter for five years, the Secretary of State, in
consultation with the Secretary of Defense and the Administrator of the
United States Agency for International Development, shall submit to the
appropriate congressional committees a report that describes--
(1) the progress made in meeting the objectives of the
strategies required under paragraphs (1) and (2) of subsection
(c), including any lessons learned in carrying out TSCTP
Program activities and any recommendations for improving such
programs and activities;
(2) the efforts taken to coordinate, de-conflict, and
streamline TSCTP Program activities to maximize resource
effectiveness;
(3) the extent to which each partner country has
demonstrated the ability to absorb the equipment or training
provided in the previous year under the TSCTP Program, and
where applicable, the ability to maintain and appropriately
utilize such equipment;
(4) the extent to which each partner country is investing
its own resources to advance the goals described in subsection
(a)(1) or is demonstrating a commitment and willingness to
cooperate with the United States to advance such goals;
(5) the actions taken by the government of each partner
country receiving assistance under the TSCTP Program to combat
corruption, improve transparency and accountability, and
promote other forms of democratic governance;
(6) the assistance provided in each of the three preceding
fiscal years under this program, broken down by partner
country, to include the type, statutory authorization, and
purpose of all United States security assistance provided to
the country pursuant to authorities under title 10, United
States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.), or any other ``train and equip'' authorities of the
Department of Defense; and
(7) any changes or updates to the Comprehensive Five-Year
Strategy for the TSCTP Program required under paragraph (2) of
subsection (c) necessitated by the findings in this annual
report.
(f) Reporting Requirement Related to Audit of Bureau of African
Affairs Monitoring and Coordination of the Trans-Sahara
Counterterrorism Partnership Program.--Not later than 90 days after the
date of the enactment of this Act, and every 120 days thereafter until
all 13 recommendations in the September 2020 Department of State Office
of Inspector General audit entitled ``Audit of the Department of State
Bureau of African Affairs Monitoring and Coordination of the Trans-
Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are
closed or until the date that is three years after the date of the
enactment of this Act, whichever is earlier, the Secretary of State
shall submit to the appropriate congressional committees a report that
identifies--
(1) which of the 13 recommendations in AUD-MERO-20-42 have
not been closed;
(2) a description of progress made since the last report
toward closing each recommendation identified under paragraph
(1);
(3) additional resources needed, including assessment of
staffing capacity, if any, to complete action required to close
each recommendation identified under paragraph (1); and
(4) the anticipated timeline for completion of action
required to close each recommendation identified under
paragraph (1), including application of all recommendations
into all existing security assistance programs managed by the
Department of State under the TSCTP Program.
(g) Program Administration.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of State shall report to
Congress plans for conducting a written review of a representative
sample of each of the security assistance programs administered by the
Bureau of African Affairs to identify potential waste, fraud, abuse,
inefficiencies, or deficiencies. The review shall include an analysis
of staff capacity, including human resource needs, available resources,
procedural guidance, and monitoring and evaluation processes to ensure
the Bureau of African Affairs is managing programs efficiently and
effectively.
(h) Form.--The strategies required under paragraphs (1) and (2) of
subsection (c) and the reports required under subsections (e), (f), and
(g) shall be submitted in unclassified form but may include a
classified annex.
(i) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1347. HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC DELEGATIONS.
(a) Sense of Congress.--It is the sense of Congress that
individuals representing the United States at international athletic
competitions in foreign countries should have the opportunity to be
informed about human rights and security concerns in such countries and
how best to safeguard their personal security and privacy.
(b) In General.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall devise
and implement a strategy for disseminating briefing materials,
including information described in subsection (c), to
individuals representing the United States at international
athletic competitions in a covered country.
(2) Timing and form of materials.--
(A) In general.--The briefing materials referred to
in paragraph (1) shall be offered not later than 180
days prior to the commencement of an international
athletic competition in a covered country.
(B) Form of delivery.--Briefing materials related
to the human rights record of covered countries may be
delivered electronically or disseminated in person, as
appropriate.
(C) Special consideration.--Information briefing
materials related to personal security risks may be
offered electronically, in written format, by video
teleconference, or prerecorded video.
(3) Consultations.--In devising and implementing the
strategy required under paragraph (1), the Secretary of State
shall consult with the following:
(A) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations in the Senate, not later than 90 days after
the date of the enactment of this Act.
(B) Leading human rights nongovernmental
organizations and relevant subject-matter experts in
determining the content of the briefings required under
this subsection.
(C) The United States Olympic and Paralympic
Committee and the national governing bodies of amateur
sports that play a role in determining which
individuals represent the United States in
international athletic competitions, regarding the most
appropriate and effective method to disseminate
briefing materials.
(c) Content of Briefings.--The briefing materials required under
subsection (b) shall include, with respect to a covered country hosting
an international athletic competition in which individuals may
represent the United States, the following:
(1) Information on the human rights concerns present in
such covered country, as described in the Department of State's
Annual Country Reports on Human Rights Practices.
(2) Information, as applicable, on risks such individuals
may face to their personal and digital privacy and security,
and recommended measures to safeguard against certain forms of
foreign intelligence targeting, as appropriate.
(d) Covered Country Defined.--In this section, the term ``covered
country'' means, with respect to a country hosting an international
athletic competition in which individuals representing the United
States may participate, any of the following:
(1) Any Communist country specified in subsection (f) of
section 620 of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(f)).
(2) Any country ranked as a Tier 3 country in the most
recent Department of State's annual Trafficking in Persons
Report.
(3) Any other country the Secretary of State determines
present serious human rights concerns for the purpose of
informing such individuals.
(4) Any country the Secretary of State, in consultation
with other cabinet officials as appropriate, determines
presents a serious counterintelligence risk.
SEC. 1348. REPORT ON HUMAN RIGHTS IN COLOMBIA.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State, shall submit to the congressional defense committees a report
that includes the following:
(1) A description of the security cooperation relationship
between the United States and Colombia, including a description
of United States objectives, any ongoing or planned security
cooperation activities with the military forces of Colombia,
and an identification of priority capabilities of the military
forces of Colombia that the Department could enhance.
(2) An assessment of the capabilities of the military and
paramilitary forces of Colombia.
(3) A description of the human rights climate in Colombia,
an assessment of the Colombia military and paramilitary forces'
adherence to human rights, and a description of any ongoing or
planned cooperative activities between the United States and
Colombia focused on human rights.
(4) A description of the manner and extent to which a
security cooperation strategy between the United States and
Colombia could address any human rights abuses identified
pursuant to paragraph (3) or (4), encourage accountability and
promote reform through training on human rights, rule of law,
and rules of engagement.
SEC. 1349. PROHIBITION ON EXPORTS OF ITEMS USED FOR CROWD CONTROL
PURPOSES TO COLOMBIA'S MOBILE ANTI-DISTURBANCES SQUADRON.
(a) Determination Required.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter until 2032, the
Secretary of State shall make a determination as to whether Colombia's
Mobile Anti-Disturbances Squadron has committed gross violations of
human rights.
(b) Use of Funds and Issuance of Licenses Prohibited.--If the
Secretary of State determines under subsection (a) that Colombia's
Mobile Anti-Disturbances Squadron has committed gross violations of
human rights, then--
(1) none of the funds authorized to be appropriated or
otherwise made available by this Act may be used to authorize,
provide, or facilitate the delivery of covered items to
Colombia's Mobile Anti-Disturbances Squadron; and
(2) the President shall prohibit the issuance of licenses
to export covered items to Colombia's Mobile Anti-Disturbances
Squadron.
(c) Covered Items Defined.--In this section, the term ``covered
items'' includes firearms, tanks, tear gas, pepper spray, rubber
bullets, foam rounds, bean bag rounds, pepper balls, water cannons,
handcuffs, shackles, stun guns, tasers, or any other item that may be
used for purposes of crowd control.
SEC. 1350. ANNUAL REPORT RELATING TO THE SITUATION IN THE DEMOCRATIC
REPUBLIC OF THE CONGO.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act and annually for five years thereafter, the
Secretary of State and the Secretary of Defense, in consultation with
the Administrator of the United States Agency for International
Development and other departments and agencies as determined necessary,
shall submit to the appropriate congressional committees an annual
report on the United States strategy for advancing security sector
reforms, demobilization, disengagement, and reintegration efforts,
anticorruption measures, and other assistance and initiatives designed
to address chronic instability and other governance issues, localized
armed conflict, and the growing threat of transnational terrorism in
the Democratic Republic of the Congo (in this section referred to as
the ``DRC'').
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comprehensive assessment of the threat posed by the
Allied Democratic Forces, elements of which have declared as an
affiliate of the Islamic State, and any other affiliates of the
Islamic State or Al Qaeda based in the DRC, which shall
include, with respect to each such group--
(A) the capacity to strike--
(i) the United States homeland;
(ii) United States persons; and
(iii) interests in the United States or
elsewhere;
(B) the connectivity to other Islamic State or Al
Qaeda affiliates and senior leaders of their respective
core organizations; and
(C) the major sources of revenue, including illicit
and licit activities and financial flows originating
outside of the DRC to senior leaders of the
organizations.
(2) An assessment of how terrorist organizations and armed
groups exacerbate the ongoing humanitarian crisis in the DRC
and neighboring countries, including an analysis of the extent
to which elements of the Armed Forces of the Democratic
Republic of the Congo (in this section referred to as the
``FARDC'') and other government entities collaborate with,
contribute to, or otherwise facilitate actors involved in
chronic armed conflict in the DRC.
(3) An assessment of the impact of the United Nations
Organization Stabilization Mission in the Democratic Republic
of the Congo (in this section referred to as the ``MONUSCO'')
on the security situation in the DRC over the previous five
fiscal years and recommendations for changes to the MONUSCO
mandate, if any, to improve its efficacy.
(4) A detailed account of United States foreign assistance
provided over the previous five fiscal years intended to build
FARDC capacity to counter terrorism and violent extremism, to
protect civilians, and to address longstanding allegations of
FARDC human rights abuses and collaboration with armed groups
in the DRC.
(5) A detailed account of United States foreign assistance
provided over the previous five fiscal years to address
humanitarian needs, counter corruption, and improve good
governance, including fiscal transparency, in the DRC.
(6) The statutory authorities under which assistance
described in paragraph (4) or (5) was provided, the amounts
provided under each authority, and an analysis of the efficacy
and impact of such assistance.
(7) A detailed proposal of what resources are required to
pursue the United States strategy outlined in subsection (a) in
the following year.
(c) Form.--The report required by subsection (a) shall be submitted
in an unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
SEC. 1351. REPORT ON ISRAELI REGIONAL MILITARY COORDINATION.
(a) In General.--The United States-Israel Security Assistance
Authorization Act of 2020 is amended by adding at the end the
following:
``SEC. 1280C. REPORTS ON REGIONAL MILITARY COORDINATION.
``(a) Report by Secretary of Defense.--Not later than 180 days
after the date of enactment of this section, the Secretary of Defense
shall provide a report, including a classified annex, to the Committees
on Armed Services of the House of Representatives and of the Senate on
the status of the efforts of the United States to work with countries
within the United States Central Command area of responsibilities to
improve Israel's coordination with regional militaries.
``(b) Report by Secretary of State.--The Secretary of State, in
coordination with the Administrator for the United States Agency for
International Development, shall provide the House Foreign Affairs and
Senate Foreign Relations Committee with an analysis of the strategic
initiatives taken to fully integrate the Abraham Accords into
congressionally authorized and appropriated programs. The report shall
also include a strategic plan for how potential new funds that have
previously been authorized by Congress could be used for such
integration priorities.''.
SEC. 1352. ARCTIC REGION DIPLOMACY POLICY.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Defense, the Secretary of the department in which the
Coast Guard is operating, and the heads of any other relevant Federal
agencies, acting through the U.S. Coordinator for the Arctic Region,
shall submit to the congressional defense committees, the Committee on
Foreign Affairs and the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Foreign Relations
and the Committee on Commerce, Science, and Transportation of the
Senate an Arctic Region Diplomacy Policy. Such policy shall assess,
develop, budget for, and implement plans, policies, and actions
relating to the following:
(1) Bolstering the diplomatic presence of the United States
in Arctic countries, including through enhancements to
diplomatic missions and facilities, participation in regional
and bilateral dialogues related to Arctic security, and
coordination of United States initiatives and assistance
programs across agencies to protect the national security of
the United States and its allies and partners.
(2) Enhancing the resilience capacities of Arctic countries
to the effects of environmental change and increased civilian
and military activity by Arctic countries and other countries
that may result from increased accessibility of the Arctic
region.
(3) Assessing specific added risks to the Arctic region and
Arctic countries that--
(A) are vulnerable to the changing Arctic
environment; and
(B) are strategically significant to the United
States.
(4) Coordinating the integration of environmental change
and national security risk and vulnerability assessments into
the decision making process on foreign assistance awards with
Greenland.
(5) Advancing principles of good governance by encouraging
and cooperating with Arctic states on collaborative approaches
to--
(A) responsibly manage natural resources in the
Arctic region;
(B) share the burden of ensuring maritime safety in
the Arctic region;
(C) prevent the escalation of security tensions by
mitigating against the militarization of the Arctic
region;
(D) develop mutually agreed upon multilateral
policies among Arctic countries on the management of
maritime transit routes through the Arctic region and
work cooperatively on the transit policies for access
to and transit in the Arctic region by non-Arctic
countries; and
(E) facilitate the development of Arctic Region
Diplomacy Action Plans to ensure stability and public
safety in disaster situations in a humane and
responsible fashion.
(6) Evaluating the vulnerability, security, survivability,
and resiliency of United States interests and non-defense
assets in the Arctic region.
(7) Reducing black carbon and methane emissions in the
Arctic region.
(b) Form.--The Arctic Region Diplomacy Policy required under
subsection (a) shall be submitted in unclassified form but may contain
a classified annex. Such unclassified form shall be posted on an
appropriate publicly available website of the Department of State.
SEC. 1353. PROHIBITION ON USE OF FUNDS TO PROVIDE FOR THE COMMERCIAL
EXPORT OR TRANSFER OF CERTAIN MILITARY OR POLICY WEAPONRY
TO SAUDI ARABIA'S RAPID INTERVENTION FORCE.
(a) In General.--None of the funds authorized to be appropriated or
otherwise made available to carry out this Act may be used to provide
for the commercial export or transfer of covered items to Saudi
Arabia's Rapid Intervention Force (RIF).
(b) Covered Items Defined.--In this section, the term ``covered
items'' includes firearms, tanks or other vehicles, tear gas, pepper
spray, rubber bullets, foam rounds, bean bag rounds, pepper balls,
water cannons, handcuffs, shackles, stun guns, tasers, military
training, or any other military or police weaponry.
SEC. 1354. REPORT AND STRATEGY RELATING TO HUMAN TRAFFICKING AND
SLAVERY IN LIBYA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to Congress a report on combating human
trafficking and slavery in Libya.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which human trafficking
and slavery remain commonplace in Libya.
(2) An assessment of the role that the United Nations-
recognized Libyan Government, non-state actors, and foreign
governments have played in the propagation of human trafficking
and slavery in Libya since 2011.
(3) A summary of United States foreign policy tools that
have been considered or used to combat human trafficking and
slavery in Libya since 2011.
(4) An identification and assessment of the root causes of
human trafficking and slavery in Libya, including regional
conflicts and instability.
(5) An identification and assessment of domestic or
international options for pursuing accountability for
perpetrators of human trafficking and slavery in Libya.
(6) A strategy for diplomatic and development engagement to
address the root causes identified and assessed pursuant to
paragraph (4) and hold perpetrators accountable through the
options identified and assessed pursuant to paragraph (5).
SEC. 1355. U.S.-ISRAEL MILITARY TECHNOLOGY COOPERATION ACT.
Section 1299M of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by striking the section heading and inserting
``establishment of united states-israel operations-technology
working group'';
(2) by amending subsection (a) to read as follows:
``(a) Requirement.--
``(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall take actions
within the United States-Israel Defense Acquisition Advisory
Group--
``(A) to provide a standing forum for the United
States and Israel to systematically share intelligence-
informed military capability requirements;
``(B) to identify military capability requirements
common to the Department of Defense and the Ministry of
Defense of Israel;
``(C) to assist defense suppliers in the United
States and Israel by assessing recommendations from
such defense suppliers with respect to joint science,
technology, research, development, test, evaluation,
and production efforts; and
``(D) to develop, as feasible and advisable,
combined United States-Israel plans to research,
develop, procure, and field weapon systems and military
capabilities as quickly and economically as possible to
meet common capability requirements of the Department
and the Ministry of Defense of Israel.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as requiring the termination of any existing
United States defense activity, group, program, or partnership
with Israel.'';
(3) by amending subsection (c) to read as follows:
``(c) Establishment of United States-Israel Operations-Technology
Working Group Within the United States-Israel Defense Acquisition
Advisory Group.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary of Defense, in consultation
with the appropriate heads of other Federal agencies and with
the concurrence of the Minister of Defense of Israel, shall
establish, under the United States vice chairman of the United
States-Israel Defense Acquisition Advisory Group, a United
States-Israel Operations-Technology Working Group to address
operations and technology matters described in subsection
(a)(1).
``(2) Extension with respect to terms of reference.--The 1-
year period under paragraph (1) may be extended for up to 180
days if the Secretary of Defense, in consultation with the
Secretary of State, certifies in writing to the appropriate
congressional committees that additional time is needed to
finalize the terms of reference. Such certification shall be
made in unclassified form.''; and
(4) in subsection (d)(2), by striking ``United States-
Israel Defense Acquisition Advisory Group'' each place it
appears and inserting ``United States-Israel Operations-
Technology Working Group''.
SEC. 1356. REPORT ON OPEN RADIO ACCESS NETWORKS TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation the
Secretary of Commerce, shall submit to the appropriate congressional
committees a report on the national security implications of open radio
access networks (Open RAN or O-RAN) technology that--
(1) provides information on the Department of State's
diplomatic efforts to ensure United States leadership in
international standard setting bodies for Open RAN technology;
(2) describes the involvement of China headquartered
companies in Open RAN standards setting bodies such as the O-
RAN Alliance;
(3) reviews the national security risks posed by the
presence of entities included on the Bureau of Industry and
Security's ``Entity List'' in the O-RAN Alliance;
(4) determines whether entities that do business in the
United States can participate in the O-Ran Alliance under
existing sanctions and export control laws;
(5) analyzes whether United States national security is
affected by the limited number of telecommunications equipment
vendors, and examines whether the advent and deployment of Open
RAN technology could affect such;
(6) outlines how the United States can work with allies,
partners, and other countries to ensure that Open RAN
technology maintains the highest security and privacy
standards; and
(7) identifies steps the United States can take to assert
leadership in Open RAN technology.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 1357. REPORT THE GREY WOLVES ORGANIZATION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to the appropriate
Congressional committees a report that contains the following:
(1) A detailed report of the activities of the Grey Wolves
organization (AKA Bozkurtlar & Ulku Ocaklar() undertaken
against U.S. interests, allies, and international partners,
including a review of the criteria met for designation as a
foreign terrorist organization as set forth in section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189).
(2) A determination as to whether the Grey Wolves meet the
criteria for designation as a foreign terrorist organization as
set forth in section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189), and should be designated as such by the
Secretary of State.
(3) If the Secretary of State determines that the Grey
Wolves do not meet the criteria set forth under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189), a detailed
justification as to which criteria have not been met.
SEC. 1358. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO
COMBAT INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC
DRUGS.
(a) In General.--The Secretary of State shall prioritize efforts of
the Department of State to combat international trafficking in covered
synthetic drugs by carrying out programs and activities to include the
following:
(1) Supporting increased data collection by the United
States and foreign countries through increased drug use surveys
among populations, increased use of wastewater testing where
appropriate, and multilateral sharing of that data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European Monitoring
Centre for Drugs and Drug Addiction, and regulatory agencies in
foreign countries.
(3) Carrying out the program to provide assistance to build
the capacity of foreign law enforcement agencies with respect
to covered synthetic drugs, as required by section 3.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development
on demand reduction matters relating to the illicit use of
narcotics and other drugs, as required by section 4.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(c) Program to Provide Assistance to Build the Capacity of Foreign
Law Enforcement Agencies With Respect to Covered Synthetic Drugs.--
(1) In general.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State
shall establish a program to provide assistance to build the
capacity of law enforcement agencies of the countries described
in paragraph (3) to help such agencies to identify, track, and
improve their forensics detection capabilities with respect to
covered synthetic drugs.
(2) Priority.--The Secretary of State shall prioritize
assistance under paragraph (1) among those countries described
in paragraph (3) in which such assistance would have the most
impact in reducing illicit use of covered synthetic drugs in
the United States.
(3) Countries described.--The foreign countries described
in this paragraph are--
(A) countries that are producers of covered
synthetic drugs;
(B) countries whose pharmaceutical and chemical
industries are known to be exploited for development or
procurement of precursors of covered synthetic drugs;
or
(C) major drug-transit countries as defined by the
President.
(4) Authorization of additional appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this subsection $4,000,000 for each of the fiscal years 2022
through 2026 and such amounts shall be in addition to amounts
authorized for such purposes.
(d) Exchange Program for Governmental and Nongovernmental Personnel
to Provide Educational and Professional Development on Demand Reduction
Matters Relating to Illicit Use of Narcotics and Other Drugs.--
(1) In general.--The Secretary of State shall establish or
continue and strengthen, as appropriate, an exchange program
for governmental and nongovernmental personnel in the United
States and in foreign countries to provide educational and
professional development on demand reduction matters relating
to the illicit use of narcotics and other drugs.
(2) Program requirements.--The program required by
paragraph (1)--
(A) shall be limited to individuals who have
expertise and experience in matters described in
paragraph (1);
(B) in the case of inbound exchanges, may be
carried out as part of exchange programs and
international visitor programs administered by the
Bureau of Educational and Cultural Affairs of the
Department of State, including the International
Visitor Leadership Program in consultation or
coordination with the Bureau of International Narcotics
and Law Enforcement Affairs; and
(C) shall include outbound exchanges for
governmental or nongovernmental personnel in the United
States.
(3) Authorization of additional appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this subsection $1,000,000 for each of the fiscal years 2022
through 2026 and such amounts shall be in addition to amounts
authorized for such purposes.
(e) Amendments to International Narcotics Control Program.--
(1) International narcotics control strategy report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h(a)) is amended by adding at the end the following:
``(10) Synthetic opioids and new psychoactive substances.--
``(A) Synthetic opioids.--Information that contains
an assessment of the countries significantly involved
in the manufacture, production, or transshipment of
synthetic opioids, including fentanyl and fentanyl
analogues, to include the following:
``(i) The scale of legal domestic
production and any available information on the
number of manufacturers and producers of such
opioids in such countries.
``(ii) Information on any law enforcement
assessments of the scale of illegal production,
including a description of the capacity of
illegal laboratories to produce such opioids.
``(iii) The types of inputs used and a
description of the primary methods of synthesis
employed by illegal producers of such opioids.
``(iv) An assessment of the policies of
such countries to regulate licit manufacture
and interdict illicit manufacture, diversion,
distribution, and shipment of such opioids and
an assessment of the effectiveness of the
policies' implementation.
``(B) New psychoactive substances.--Information on,
to the extent practicable, any policies of responding
to new psychoactive substances (as such term is defined
in section 7 of the FENTANYL Results Act), to include
the following:
``(i) Which governments have articulated
policies on scheduling of such substances.
``(ii) Any data on impacts of such policies
and other responses to such substances.
``(iii) An assessment of any policies the
United States could adopt to improve its
response to new psychoactive substances.''.
(2) Definition of major illicit drug producing country.--
Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)) is amended--
(A) in paragraph (2)--
(i) by striking ``means a country in
which--'' and inserting ``means--
``(A) a country in which--'';
(ii) by striking ``(A) 1,000'' and
inserting the following:
``(i) 1,000'';
(iii) by striking ``(B) 1,000'' and
inserting the following:
``(ii) 1,000'';
(iv) by striking ``(C) 5,000'' and
inserting the following:
``(iii) 5,000'';
(v) in subparagraph (A)(iii), as
redesignated by this subsection, by adding
``or'' at the end; and
(vi) by adding at the end the following:
``(B) a country which is a significant direct
source of illicit narcotic or psychotropic drugs or
other controlled substances significantly affecting the
United States.''; and
(B) in paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported illicit narcotic or psychotropic
drugs or other controlled substances significantly affecting
the United States.''.
(f) Sense of Congress.--It is the sense of Congress that--
(1) the President should direct the United States
Representative to the United Nations to use the voice and vote
of the United States at the United Nations to advocate for more
transparent assessments of countries by the International
Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of
covered synthetic drugs.
(g) Definition.--In this section:
(1) The term ``covered synthetic drug'' means--
(A) a synthetic controlled substance (as defined in
section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6))), including fentanyl or a fentanyl
analogue; or
(B) a new psychoactive substance.
(2) The term ``new psychoactive substance'' means a
substance of abuse, or any preparation thereof, that--
(A) is not--
(i) included in any schedule as a
controlled substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.); or
(ii) controlled by the Single Convention on
Narcotic Drugs signed at New York, New York, on
March 30, 1961, or the Convention on
Psychotropic Substances signed at Vienna,
Austria, on February 21, 1971;
(B) is new or has reemerged on the illicit market;
and
(C) poses a threat to the public health and safety.
SEC. 1359. ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN TREATY
SENSORS.
(a) Requirement.--Not later than 90 days after the date of the
enactment of this Act, and not later than September 1 of each
subsequent year, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the sensors used in
the international monitoring system of the Comprehensive Nuclear-Test-
Ban Treaty Organization. Each such report shall include, with respect
to the period covered by the report--
(1) the number of incidents where such sensors are
disabled, turned off, or experience ``technical difficulties'';
and
(2) with respect to each such incident--
(A) the location of the sensor;
(B) the duration of the incident; and
(C) whether the Secretary determines there is
reason to believe that the incident was a deliberate
act on the part of the host nation.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1360. REPORT ON UNITED STATES HUMANITARIAN AID TO NAGORNO
KARABAKH.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that contains--
(1) a detailed review of all United States humanitarian and
developmental assistance programs being implemented in Nagorno
Karabakh, including project descriptions and budgets, a listing
of partnering organizations, and resulting deliverables;
(2) an analysis of the effectiveness of such assistance
programs for Nagorno Karabakh; and
(3) plans for future such assistance programs for Nagorno
Karabakh.
SEC. 1361. ANNUAL REPORT ON UNITED STATES STRATEGY TO COUNTER MALIGN
FOREIGN INFLUENCE IN AFRICA.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State, in consultation with the heads of other Federal
departments and agencies as appropriate, shall submit to the
appropriate committees a report on the United States strategy and
associated efforts to counter the malign influence of the People's
Republic of China, the Russian Federation, and other foreign actors who
seek to undermine United States efforts and influence in Africa.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the scope and nature of foreign malign
influence in Africa, including malign influence that is
facilitated by the People's Republic of China, the Russian
Federation, and other actors.
(2) A detailed account of United States foreign assistance
and other initiatives developed and implemented during fiscal
years 2018, 2019, 2020, and 2021 to address foreign malign
influence in Africa, including those programs designed to build
foreign government and civil society capacity to improve
standards related to human rights, labor, anti-corruption,
fiscal transparency, and other tenets of good governance.
(3) Analysis of policy and programmatic limitations, gaps,
and resource requirements to meet related strategic objectives.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may contain a classified annex.
(d) Appropriate Congressional Committtees Defined.--In this
section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
SEC. 1362. INDEPENDENT STUDY ON HUMAN RIGHTS ABUSES RELATED TO THE ARMS
EXPORTS OF THE TOP FIVE ARMS-EXPORTING FOREIGN COUNTRIES.
(a) In General.--The Secretary of State, in coordination with the
Defense Security Cooperation Agency, the National Security Council, the
Secretary of Defense, and the Secretary of Commerce, shall enter into
an agreement to provide for the conduct of an independent study on
human rights abuses related to the arms exports of the top five arms-
exporting foreign countries, including China and Russia.
(b) Matters to Be Included.--The study described in subsection
(a)--
(1) shall provide recommendations to reduce civilian harm
in foreign countries that may have occurred directly or
indirectly in connection with such arms exports, including--
(A) strategies to work with partner nations; and
(B) complementary or additional engagement,
including with capabilities;
(2) shall analyze how to reduce risk relating to such arms
exports, including through use of additional training, tools,
and data; and
(3) may include other relevant elements.
(c) Deadline.--
(1) In general.--The study described in subsection (a)
shall be completed by September 1, 2022 and shall be submitted
to the appropriate congressional committees not later than 5
days after its completion.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
SEC. 1363. FUNDING FOR CIVILIAN HARM MITIGATION BY DEFENSE SECURITY
COOPERATION AGENCY.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for the Defense
Security Cooperation Agency is hereby increased by $2,000,000, of which
$1,000,000 is for the Defense Institute of International Legal Studies
for Civilian Harm Mitigation and $1,000,000 is for the Institute of
Security Governance for Civilian Harm Mitigation, for civilian harm
mitigation overall program process improvement and management such as,
at a minimum, assessment framework development and improvement, risk
analysis improvement, and the development of new training and advising
materials.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for Undistributed
in line 580 is hereby reduced by $2,000,000.
Subtitle D--Central American Women and Children Protection Act of 2021
SEC. 1371. SHORT TITLE.
This subtitle may be cited as the ``Central American Women and
Children Protection Act of 2021''.
SEC. 1372. FINDINGS.
Congress finds the following:
(1) The Northern Triangle countries of El Salvador,
Guatemala, and Honduras have among the highest homicide rates
in the world. In 2020, there were--
(A) 19.7 homicides per 100,000 people in El
Salvador;
(B) 15.4 homicides per 100,000 people in Guatemala;
and
(C) 37.6 homicides per 100,000 people in Honduras.
(2) El Salvador, Guatemala, and Honduras are characterized
by a high prevalence of drug- and gang-related violence,
murder, and crimes involving sexual- and gender-based violence
against women and children, including domestic violence, child
abuse, and sexual assault.
(3) In 2019, El Salvador, Guatemala, and Honduras were all
listed among the 7 countries in the Latin America and Caribbean
region with the highest rates of femicides (the intentional
killing of women or girls because of their gender). In 2019--
(A) 113 women in El Salvador were victims of
femicide;
(B) 160 women in Guatemala were victims of
femicide; and
(C) 299 women in Honduras were victims of femicide
or violent homicide.
(4) In 2015, El Salvador and Honduras were among the top 3
countries in the world with the highest child homicides rates,
with more than 22 and 32 deaths per 100,000 children,
respectively, according to the nongovernmental organization
Save the Children.
(5) Thousands of women, children, and families from El
Salvador, Guatemala, and Honduras fled unsafe homes and
communities in 2019.
(6) Violent crimes against women and children are generally
assumed to be substantially under-reported because the majority
of victims lack safe access to protection and justice.
(7) Impunity for perpetrators of violence against women is
rampant in El Salvador, Guatemala, and Honduras. There was a 5
percent conviction rate for violence against women in El
Salvador in 2016 and 2017. The impunity level for violence
against women in Guatemala was 97.05 percent in 2018. In 2018,
there was an impunity rate of 95 percent for violence against
women in Honduras.
(8) According to a study conducted by the Woodrow Wilson
International Center for Scholars--
(A) childhood experiences with domestic violence in
Latin America are a major risk factor for future
criminal behavior; and
(B) 56 percent of incarcerated women and 59 percent
of incarcerated men surveyed experienced intra-familial
violence during childhood.
SEC. 1373. WOMEN AND CHILDREN PROTECTION COMPACTS.
(a) Authorization to Enter Into Compacts.--The President, in
coordination with the Secretary of State and the Administrator of the
United States Agency for International Development, is authorized to
enter into multi-year, bilateral agreements of not longer than 6 years
in duration, developed in conjunction with the governments of El
Salvador, Guatemala, and Honduras (referred to in this subtitle as
``Compact Countries''). Such agreements shall be known as Women and
Children Protection Compacts (referred to in this subtitle as
``Compacts'').
(b) Purpose.--Each Compact shall--
(1) set out the shared goals and objectives of the United
States and the government of the Compact Country; and
(2) be aimed at strengthening the Compact Country's
efforts--
(A) to strengthen criminal justice and civil court
systems to protect women and children and serve victims
of domestic violence, sexual violence, and child
exploitation and neglect, and hold perpetrators
accountable;
(B) to secure, create, and sustain safe
communities, building on best practices to prevent and
deter violence against women and children;
(C) to ensure that schools are safe and promote the
prevention and early detection of domestic abuse
against women and children within communities; and
(D) to increase access to high-quality, life-saving
health care, including post-rape and dignity kits,
psychosocial support, and dedicated spaces and shelters
for gender-based violence survivors, in accordance with
international standards.
(c) Compact Elements.--Each Compact shall--
(1) establish a 3- to 6-year cooperative strategy and
assistance plan for achieving the shared goals and objectives
articulated in such Compact;
(2) be informed by the assessments of--
(A) the areas within the Compact Country
experiencing the highest incidence of violence against
women and children;
(B) the ability of women and children to access
protection and obtain effective judicial relief; and
(C) the judicial capacity to respond to reports
within the Compact Country of femicide, sexual and
domestic violence, and child exploitation and neglect,
and to hold the perpetrators of such criminal acts
accountable;
(3) seek to address the driving forces of violence against
women and children, which shall include efforts to break the
binding constraints to inclusive economic growth and access to
justice;
(4) identify clear and measurable goals, objectives, and
benchmarks under the Compact to detect, deter and respond to
violence against women and children;
(5) set out clear roles, responsibilities, and objectives
under the Compact, which shall include a description of the
anticipated policy and financial commitments of the central
government of the Compact Country;
(6) seek to leverage and deconflict contributions and
complementary programming by other donors, international
organizations, multilateral institutions, regional
organizations, nongovernmental organizations, and the private
sector, as appropriate;
(7) include a description of the metrics and indicators to
monitor and measure progress toward achieving the goals,
objectives, and benchmarks under the Compact, including
reductions in the prevalence of femicide, sexual assault,
domestic violence, and child abuse and neglect;
(8) provide for the conduct of an impact evaluation not
later than 1 year after the conclusion of the Compact; and
(9) provide for a full accounting of all funds expended
under the Compact, which shall include full audit authority for
the Office of the Inspector General of the Department of State,
the Office of the Inspector General of the United States Agency
for International Development, and the Government
Accountability Office, as appropriate.
(d) Sunset.--The authority to enter into Compacts under this
subtitle shall expire on September 30, 2023.
SEC. 1374. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--The President, in coordination with the Secretary
of State and the Administrator of the United States Agency for
International Development, is authorized to provide assistance under
this section.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 for each of the fiscal years 2022 and 2023 to
carry out this subtitle.
(c) Implementers.--Assistance authorized under subsection (a) may
be provided through grants, cooperative agreements, contracts or other
innovative financing instruments to civil society, international
organizations, or other private entities with relevant expertise.
(d) Prohibition on Funding to Central Governments.--No funds
appropriated pursuant to subsection (b) may be provided as direct
budgetary support to the Government of El Salvador, the Government of
Guatemala, or the Government of Honduras.
(e) Suspension of Assistance.--
(1) In general.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, may suspend or terminate assistance
authorized under this subtitle if the Secretary determines that
the Compact Country or implementing entity--
(A) is engaged in activities that are contrary to
the national security interests of the United States;
(B) has engaged in a pattern of actions
inconsistent with the goals, objectives, commitments,
or obligations under the Compact; or
(C) has failed to make sufficient progress toward
meeting the goals, objectives, commitments, or
obligations under the Compact.
(2) Reinstatement.--The President, in coordination with the
Secretary of State and the Administrator of the United States
Agency for International Development, may reinstate assistance
suspended or terminated pursuant to paragraph (1) only if the
Secretary certifies to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives that the Compact Country or implementing entity
has taken steps to correct each condition for which assistance
was suspended or terminated under paragraph (1).
(3) Notification and report.--Not later than 15 days before
suspending or terminating assistance pursuant to paragraph (1),
the Secretary, in coordination with the Administrator of the
United States Agency for International Development, shall
notify the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives of
the suspension or termination, including a justification for
such action.
SEC. 1375. CONGRESSIONAL NOTIFICATION.
Not later than 15 days before entering into a Compact with the
Government of Guatemala, the Government of Honduras, or the Government
of El Salvador, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives--
(1) a copy of the proposed Compact;
(2) a detailed summary of the cooperative strategy and
assistance plan required under section 1333(c); and
(3) a copy of any annexes, appendices, or implementation
plans related to the Compact.
SEC. 1376. COMPACT PROGRESS REPORTS AND BRIEFINGS.
(a) Progress Report.--Not later than 1 year after entering into a
Compact, and annually during the life of the Compact, the President, in
coordination with the Secretary of State and the Administrator of the
United States Agency for International Development, shall submit a
report to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives describing
the progress made under the Compact.
(b) Contents.--The report under subsection (a) shall include--
(1) analysis and information on the overall rates of
gender-based violence against women and children in El
Salvador, Guatemala, and Honduras, including by using survivor
surveys, regardless of whether or not these acts of violence
are reported to government authorities;
(2) analysis and information on incidences of cases of
gender-based violence against women and children reported to
the authorities in El Salvador, Guatemala, and Honduras, and
the percentage of alleged perpetrators investigated,
apprehended, prosecuted, and convicted;
(3) analysis and information on the capacity and resource
allocation of child welfare systems in El Salvador, Guatemala,
and Honduras to protect unaccompanied children;
(4) the percentage of reported violence against women and
children cases reaching conviction;
(5) a baseline and percentage changes in women and children
victims receiving legal and other social services;
(6) a baseline and percentage changes in school retention
rates;
(7) a baseline and changes in capacity of police,
prosecution service, and courts to combat violence against
women and children;
(8) a baseline and changes in capacity of health,
protection, and other relevant ministries to support survivors
of gender-based violence; and
(9) independent external evaluation of funded programs,
including compliance with terms of the Compacts by El Salvador,
Guatemala, and Honduras, and by the recipients of the
assistance.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Administrator of
the United States Agency for International Development shall provide a
briefing to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
regarding--
(1) the data and information collected pursuant to this
section; and
(2) the steps taken to protect and assist victims of
domestic violence, sexual violence, and child exploitation and
neglect.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2022
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2022 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2022 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
Subtitle B--Other Matters
SEC. 1411. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS FROM THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
The Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
et seq.) is amended--
(1) in section 6(b)(2), by inserting ``to consult with
producers and processors of such materials'' before ``to
avoid'';
(2) in section 12, by adding at the end the following new
paragraph:
``(3) The term `national technology and industrial base'
has the meaning given in section 2500 of title 10, United
States Code.''; and
(3) in section 15(a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) if domestic sources are unavailable to meet the
requirements defined in paragraphs (1) through (4), by making
efforts to prioritize the purchase of strategic and critical
materials from the national technology and industrial base.''.
SEC. 1412. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1405 and available for the Defense Health
Program for operation and maintenance, $137,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1413. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2022
from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000
for the operation of the Armed Forces Retirement Home.
SEC. 1414. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United States
Code, is amended by adding at the end the following:
``(4) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such title
is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional Commission shall
include the following counties:
``(1) Rhode island.--Each county in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, New Haven,
Windham, Tolland, Middlesex, and New London in the State of
Connecticut.
``(3) Massachusetts.--The counties of Hampden, Plymouth,
Barnstable, Essex, Worcester, and Bristol in the State of
Massachusetts.''.
(2) Technical and conforming amendment.--The analysis for
Subchapter II of chapter 157 of such title is amended by adding
at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States Code, shall
apply with respect to the Southern New England Regional Commission
beginning with fiscal year 2022.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Cyber Threats
SEC. 1501. CYBER THREAT INFORMATION COLLABORATION ENVIRONMENT.
(a) In General.--In consultation with the Cyber Threat Data
Standards and Interoperability Council established pursuant to
subsection (d), 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), shall
develop an information collaboration environment and associated
analytic tools that enable entities to identify, mitigate, and prevent
malicious cyber activity to--
(1) provide limited access to appropriate and operationally
relevant data from unclassified and classified intelligence
about cybersecurity risks and cybersecurity threats, as well as
malware forensics and data from network sensor programs, on a
platform that enables query and analysis;
(2) enable cross-correlation of data on cybersecurity risks
and cybersecurity threats at the speed and scale necessary for
rapid detection and identification;
(3) facilitate a comprehensive understanding of
cybersecurity risks and cybersecurity threats; and
(4) facilitate collaborative analysis between the Federal
Government and private sector critical infrastructure entities
and information and analysis organizations.
(b) Implementation of Information Collaboration Environment.--
(1) Evaluation.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Director of the Cybersecurity and
Infrastructure Security Agency of the Department 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), shall--
(A) identify, inventory, and evaluate existing
Federal sources of classified and unclassified
information on cybersecurity threats;
(B) evaluate current programs, applications, or
platforms intended to detect, identify, analyze, and
monitor cybersecurity risks and cybersecurity threats;
and
(C) coordinate with private sector critical
infrastructure entities and, as determined appropriate
by the Secretary of Homeland Security, in consultation
with the Secretary of Defense, other private sector
entities, to identify private sector cyber threat
capabilities, needs, and gaps.
(2) Implementation.--Not later than one year after the
evaluation required under paragraph (1), the Secretary of
Homeland Security, acting through the Director of the
Cybersecurity and Infrastructure Security Agency, in
coordination with the Secretary of Defense and the Director of
National Intelligence (acting through the Director of the
National Security Agency), shall begin implementation of the
information collaboration environment developed pursuant to
subsection (a) to enable participants in such environment to
develop and run analytic tools referred to in such subsection
on specified data sets for the purpose of identifying,
mitigating, and preventing malicious cyber activity that is a
threat to government and critical infrastructure. Such
environment and use of such tools shall--
(A) operate in a manner consistent with relevant
privacy, civil rights, and civil liberties policies and
protections, including such policies and protections
established pursuant to section 1016 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485);
(B) account for appropriate data standards and
interoperability requirements, consistent with the
standards set forth in subsection (d);
(C) enable integration of current applications,
platforms, data, and information, including classified
information, in a manner that supports integration of
unclassified and classified information on
cybersecurity risks and cybersecurity threats;
(D) incorporate tools to manage access to
classified and unclassified data, as appropriate;
(E) ensure accessibility by entities the Secretary
of Homeland Security, in consultation with the
Secretary of Defense and the Director of National
Intelligence (acting through the Director of the
National Security Agency), determines appropriate;
(F) allow for access by critical infrastructure
stakeholders and other private sector partners, at the
discretion of the Secretary of Homeland Security, in
consultation with the Secretary of Defense;
(G) deploy analytic tools across classification
levels to leverage all relevant data sets, as
appropriate;
(H) identify tools and analytical software that can
be applied and shared to manipulate, transform, and
display data and other identified needs; and
(I) anticipate the integration of new technologies
and data streams, including data from government-
sponsored network sensors or network-monitoring
programs deployed in support of State, local, Tribal,
and territorial governments or private sector entities.
(c) Post-deployment Assessment.--Not later than two years after the
implementation of the information collaboration environment under
subsection (b), the Secretary of Homeland Security, the Secretary of
Defense, and the Director of National Intelligence (acting through the
Director of the National Security Agency) shall jointly submit to
Congress an assessment of whether to include additional entities,
including critical infrastructure information sharing and analysis
organizations, in such environment.
(d) Cyber Threat Data Standards and Interoperability Council.--
(1) Establishment.--There is established an interagency
council, to be known as the ``Cyber Threat Data Standards and
Interoperability Council'' (in this subsection referred to as
the ``council''), chaired by the Secretary of Homeland
Security, to establish data standards and requirements for
public and private sector entities to participate in the
information collaboration environment developed pursuant to
subsection (a).
(2) Other membership.--
(A) Principal members.--In addition to the
Secretary of Homeland Security, the council shall be
composed of the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security, the Secretary of Defense, and the
Director of National Intelligence (acting through the
Director of the National Security Agency).
(B) Additional members.--The President shall
identify and appoint council members from public and
private sector entities who oversee programs that
generate, collect, or disseminate data or information
related to the detection, identification, analysis, and
monitoring of cybersecuity risks and cybersecurity
threats, based on recommendations submitted by the
Secretary of Homeland Security, the Secretary of
Defense, and the Director of National Intelligence
(acting through the Director of the National Security
Agency).
(3) Data streams.--The council shall identify, designate,
and periodically update programs that shall participate in or
be interoperable with the information collaboration environment
developed pursuant to subsection (a), which may include the
following:
(A) Network-monitoring and intrusion detection
programs.
(B) Cyber threat indicator sharing programs.
(C) Certain government-sponsored network sensors or
network-monitoring programs.
(D) Incident response and cybersecurity technical
assistance programs.
(E) Malware forensics and reverse-engineering
programs.
(4) Data governance.--The council shall establish a
committee comprised of the privacy officers of the Department
of Homeland Security, the Department of Defense, and the
National Security Agency. Such committee shall establish
procedures and data governance structures, as necessary, to
protect sensitive data, comply with Federal regulations and
statutes, and respect existing consent agreements with private
sector critical infrastructure entities that apply to critical
infrastructure information.
(5) Recommendations.--The council shall, as appropriate,
submit recommendations to the President to support the
operation, adaptation, and security of the information
collaboration environment developed pursuant to subsection (a).
(e) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(2) Critical infrastructure information.--The term
``critical infrastructure information'' has the meaning given
such term in section 2222 of the Homeland Security Act of 2002
(6 U.S.C. 671).
(3) Cyber threat indicator.--The term ``cyber threat
indicator'' has the meaning given such term in section 102(6)
of the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(6))).
(4) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given such term in section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
(5) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given such term in section 102(5) of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(5))).
(6) Information sharing and analysis organization.--The
term ``information sharing and analysis organization'' has the
meaning given such term in section 2222 of the Homeland
Security Act of 2002 (6 U.S.C. 671).
SEC. 1502. ENTERPRISE-WIDE PROCUREMENT OF COMMERCIAL CYBER THREAT
INFORMATION PRODUCTS.
(a) Program.--No later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Commander of Joint Force Headquarters-Department of Defense information
products Network, shall establish a program management office for the
enterprise-wide procurement of commercial cyber threat information
products. The program manager of such program shall be responsible for
the following:
(1) Surveying components of the Department for the
commercial cyber threat information product needs of such
components.
(2) Conducting market research of commercial cyber threat
information products.
(3) Developing requirements, both independently and through
consultation with components, for the acquisition of commercial
cyber threat information products.
(4) Developing and instituting model contract language for
the acquisition of commercial cyber threat information
products, including contract language that facilitates
Department of Defense components' requirements for ingesting,
sharing, using and reusing, structuring, and analyzing data
derived from such products.
(5) Conducting procurement of commercial cyber threat
information products on behalf of the Department of Defense,
including negotiating contracts with a fixed number of licenses
based on aggregate component demand and negotiation of
extensible contracts.
(b) Coordination.--In implementing this section, each component of
the Department of Defense shall coordinate the commercial cyber threat
information product requirements and potential procurement plans
relating to such products of each such component with the program
management office established pursuant to subsection (a) so as to
enable the program management office to determine if satisfying such
requirements or such procurement of such products on an enterprise-wide
basis would serve the best interests of the Department.
(c) Prohibition.--Beginning not later than 540 days after the date
of the enactment of this Act, no component of the Department of Defense
may independently procure a commercial cyber threat information product
that has been procured by the program management office established
pursuant to subsection (a), unless--
(1) such component is able to procure such product at a
lower per-unit price than that available through the program
management office; or
(2) the program management office has approved such
independent purchase.
(d) Exception.--The requirements of subsections (b) and (c) shall
not apply to the National Security Agency.
(e) Definition.--In this section, the term ``commercial cyber
threat information products'' refers to commercially-available data and
indicators that facilitate discovery and understanding of the targets,
infrastructure, tools, and tactics, techniques, and procedures of cyber
threats.
Subtitle B--Cyber Systems and Operations
SEC. 1511. LEGACY INFORMATION TECHNOLOGIES AND SYSTEMS ACCOUNTABILITY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretaries of the Army, Navy, and Air Force
shall each initiate efforts to identify legacy applications, software,
and information technology within their respective Departments.
(b) Specifications.--To carry out subsection (a), that Secretaries
of the Army, Navy, and Air Force shall each document the following:
(1) An identification of the applications, software, and
information technologies that are considered active or
operational, but which are judged to no longer be required by
the respective Department.
(2) Information relating to the sources of funding for the
applications, software, and information technologies identified
under paragraph (1).
(3) An identification of the senior official responsible
for each application, software, and information technology
identified under paragraph (1).
(4) A plan to discontinue use and funding for each item
application, software, and information technology identified
under paragraph (1).
(c) Exemption.--Any effort substantially similar to that described
in subsection (a) that is being carried out by the Secretary of the
Army, Navy, or Air Force as of the date of the enactment of this Act
and completed not later 180 days after such date shall be treated as
satisfying the requirement under such subsection.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretaries of the Army, Navy, and Air Force
shall each submit to the congressional defense committees the
documentation required under subsection (b).
SEC. 1512. UPDATE RELATING TO RESPONSIBILITIES OF CHIEF INFORMATION
OFFICER.
Paragraph (1) of section 142(b) of title 10, United States Code, is
amended--
(1) in subparagraphs (A), (B), and (C), by striking
``(other than with respect to business management)'' each place
it appears; and
(2) by amending subparagraph (D) to read as follows:
``(D) exercises authority, direction, and control over the
Cybersecurity Directorate, or any successor organization, of
the National Security Agency;''.
SEC. 1513. PROTECTIVE DOMAIN NAME SYSTEM WITHIN THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall ensure each component of the
Department of Defense uses a Protective Domain Name System (PDNS)
instantiation offered by the Department.
(b) Exemptions.--The Secretary of Defense may exempt a component of
the Department from using a PDNS instantiation for any reason except
for cost or technical application.
(c) Report to Congress.--Not later than 150 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes information
relating to--
(1) each component of the Department that uses a PDNS
instantiation offered by the Department;
(2) each component exempt from using a PDNS instantiation
pursuant to subsection (b); and
(3) efforts to ensure that the PDNS instantiation offered
by the Department connect and share relevant and timely data.
Subtitle C--Cyber Weapons
SEC. 1521. NOTIFICATION REQUIREMENTS REGARDING CYBER WEAPONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the Department of
Defense's compliance responsibilities regarding cyber capabilities.
Such report shall also include the Department's definition of ``cyber
capability'' that includes all software, hardware, middleware, code,
and other information technology developed using amounts from the
Cyberspace Activities Budget of the Department of Defense that may used
in operations authorized under title 10, United States Code.
(b) Limitation.--Of amounts authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for operations and
maintenance, Defense-Wide, for the Office of the Secretary of Defense
for travel, not more than 75 percent of such amounts may be obligated
or expended until the Secretary of Defense has submitted to the
congressional defense committees the report required under subsection
(a).
SEC. 1522. CYBERSECURITY OF WEAPON SYSTEMS.
Section 1640 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2224 note), is amended--
(1) in subsection (c)(1), by adding at the end the
following new subparagraphs:
``(E) Nuclear Command, Control, and Communications
(NC3).
``(F) Senior Leadership Enterprise.''; and
(2) by adding at the end the following new subsection:
``(f) Biannual Reports.--Not later than June 30, 2022, and every
six months thereafter through 2023, the Secretary of Defense shall
provide to the congressional defense committees a report on the work of
the Program, including information relating to staffing and
accomplishments of during the immediately preceding six-month
period.''.
SEC. 1523. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL
GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32 U.S.C.
501 note) is amended by striking ``2022'' and inserting ``2024''.
Subtitle D--Other Cyber Matters
SEC. 1531. FEASIBILITY STUDY REGARDING ESTABLISHMENT WITHIN THE
DEPARTMENT OF DEFENSE A DESIGNATED CENTRAL PROGRAM
OFFICE, HEADED BY A SENIOR DEPARTMENT OFFICIAL,
RESPONSIBLE FOR OVERSEEING ALL ACADEMIC ENGAGEMENT
PROGRAMS FOCUSING ON CREATING CYBER TALENT ACROSS THE
DEPARTMENT.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a feasibility study regarding the
establishment within the Department of Defense of 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. Such study shall examine the following:
(1) The manner in or through which such a designated
central program office would obligate and expend amounts
relating to cyber education initiatives.
(2) The manner in or through which such a designated
central program office would interact with the consortium or
consortia of universities (established pursuant to section 1659
of the National Defense Authorization Act for Fiscal Year 2020
(10 U.S.C. 391 note)) to assist the Secretary on cybersecurity
matters.
(3) The reasons why cyber has unique programs apart from
other science, technology, engineering, and math programs.
(4) Whether the creation of the designated central program
office will have an estimated net savings for the Department.
(b) Consultation.--In conducting the feasibility study required
under subsection (a), the Secretary of Defense shall consult with and
solicit recommendations from academic institutions and stakeholders.
including primary, secondary, and post-secondary educational
institutions.
(c) Determination.--
(1) In general.--Upon completion of the feasibility study
required under subsection (a), the Secretary of Defense shall
make a determination regarding the establishment within the
Department of Defense of a designated central program office
responsible for each covered academic engagement program across
the Department.
(2) Implementation.--If the Secretary of Defense makes a
determination under paragraph (1) in the affirmative, the
Secretary shall establish within the Department of Defense a
designated central program office responsible for each covered
academic enrichment program across the Department. Not later
than 180 days after such a determination in the affirmative,
the Secretary shall promulgate such rules and regulations as
are necessary to so establish such an office.
(3) Negative determination.--If the Secretary determines
not to establish a designated central program office under
subsection (a), the Secretary shall submit to Congress notice
of such determination together with a justification for the
determination.
(d) Comprehensive Report.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a comprehensive report that
updates the matters required for inclusion in the reports required
pursuant to section 1649 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) and section 1726(c) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
(e) Definition.--In this section, the term ``covered academic
engagement program'' means each of the following:
(1) Any primary, secondary, or post-secondary education
program.
(2) Any recruitment or retention program.
(3) Any scholarship program.
(4) Any academic partnerships.
(5) Any general enrichment program.
SEC. 1532. PROHIBITION ON CHIEF INFORMATION OFFICER OF THE DEPARTMENT
OF DEFENSE SERVING AS PRINCIPAL CYBER ADVISOR OF THE
DEPARTMENT.
Section 932(c)(1) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) is amended by
inserting after ``civilian officials of the Department of Defense'' the
following: ``(other than the Chief Information Officer of the
Department)''.
SEC. 1533. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT DETAILS ON
NONREIMBURSABLE BASIS.
Section 1752(e) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and indenting such
subparagraphs two ems to the right;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by striking ``The Director may'' and
inserting the following:
``(1) In general.--The Director may'';
(3) in paragraph (1)--
(A) as redesignated by paragraph (2), by
redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) accept officers or employees of the United
States or members of the Armed Forces on a detail from
an element of the intelligence community (as such term
is defined in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4))) or from another element of
the Federal Government on a nonreimbursable basis, as
jointly agreed to by the heads of the receiving and
detailing elements, for a period not to exceed three
years;''; and
(4) by adding at the end the following new paragraph:
``(2) Rules of construction regarding details.--Paragraph
(1)(C) shall not be construed to impose any limitation on any
other authority for reimbursable or nonreimbursable details. A
nonreimbursable detail made under such paragraph shall not be
considered an augmentation of the appropriations of the
receiving element of the Office of the National Cyber
Director.''.
SEC. 1534. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY.
(a) In General.--Title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended by adding at the end the following new
section:
``SEC. 2220A. CYBERSENTRY PROGRAM.
``(a) Establishment.--The Director shall establish and maintain in
the Agency a program, to be known as `CyberSentry', to provide
continuous monitoring and detection of cybersecurity risks to critical
infrastructure entities that own or operate industrial control systems
that support national critical functions, upon request and subject to
the consent of such owner or operator.
``(b) Activities.--The Director, through CyberSentry, shall--
``(1) enter into strategic partnerships with critical
infrastructure owners and operators that, in the determination
of the Director and subject to the availability of resources,
own or operate regionally or nationally significant industrial
control systems that support national critical functions, in
order to provide technical assistance in the form of continuous
monitoring of industrial control systems and the information
systems that support such systems and detection of
cybersecurity risks to such industrial control systems and
other cybersecurity services, as appropriate, based on and
subject to the agreement and consent of such owner or operator;
``(2) leverage sensitive or classified intelligence about
cybersecurity risks regarding particular sectors, particular
adversaries, and trends in tactics, techniques, and procedures
to advise critical infrastructure owners and operators
regarding mitigation measures and share information as
appropriate;
``(3) identify cybersecurity risks in the information
technology and information systems that support industrial
control systems which could be exploited by adversaries
attempting to gain access to such industrial control systems,
and work with owners and operators to remediate such
vulnerabilities;
``(4) produce aggregated, anonymized analytic products,
based on threat hunting and continuous monitoring and detection
activities and partnerships, with findings and recommendations
that can be disseminated to critical infrastructure owners and
operators; and
``(5) support activities authorized in accordance with
section 1501 of the National Defense Authorization Act for
Fiscal Year 2022.
``(c) Privacy Review.--Not later than 180 days after the date of
enactment of this Act, the Privacy Officer of the Agency under section
2202(h) shall--
``(1) review the policies, guidelines, and activities of
CyberSentry for compliance with all applicable privacy laws,
including such laws governing the acquisition, interception,
retention, use, and disclosure of communities; and
``(2) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report certifying
compliance with all applicable privacy laws as referred to in
paragraph (1), or identifying any instances of noncompliance
with such privacy laws.
``(d) Report to Congress.--Not later than one year after the date
of the enactment of this Act, the Director shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
briefing and written report on implementation of this section.
``(e) Savings.--Nothing in this section may be construed to permit
the Federal Government to gain access to information of a remote
computing service provider to the public or an electronic service
provider to the public, the disclosure of which is not permitted under
section 2702 of title 18, United States Code.
``(f) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in section 2209(a).
``(2) Industrial control system.--The term `industrial
control system' means an information system used to monitor
and/or control industrial processes such as manufacturing,
product handling, production, and distribution, including
supervisory control and data acquisition (SCADA) systems used
to monitor and/or control geographically dispersed assets,
distributed control systems (DCSs), Human-Machine Interfaces
(HMIs), and programmable logic controllers that control
localized processes.
``(3) Information system.--The term `information system'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(9)).''.
(b) Responsibilities of the CISA Director Relating to Industrial
Control Systems That Support National Critical Functions.--
(1) In general.--Subsection (c) of section 2202 of the
Homeland Security Act of 2002 (6 U.S.C. 652) is amended--
(A) in paragraph (11), by striking ``and'' after
the semicolon;
(B) in the first paragraph (12) (relating to
appointment of a Cybersecurity State Coordinator) by
striking ``as described in section 2215; and'' and
inserting ``as described in section 2217;'';
(C) by redesignating the second paragraph (12)
(relating to the .gov internet domain) as paragraph
(13);
(D) in such redesignated paragraph (13), by
striking ``and'' after the semicolon;
(E) by inserting after such redesignated paragraph
(13) the following new paragraph:
``(14) maintain voluntary partnerships with critical
infrastructure entities that own or operate industrial control
systems that support national critical functions, which may
include, upon request and subject to the consent of the owner
or operator, providing technical assistance in the form of
continuous monitoring and detection of cybersecurity risks (as
such term is defined in section 2209(a)) in furtherance of
section 2220A; and''; and
(F) by redesignating the third paragraph (12)
(relating to carrying out such other duties and
responsibilities) as paragraph (15).
(2) Continuous monitoring and detection.--Section
2209(c)(6) of the Homeland Security Act of 2002 (6 U.S.C. 659)
is amended by inserting ``, which may take the form of
continuous monitoring and detection of cybersecurity risks to
critical infrastructure entities that own or operate industrial
control systems that support national critical functions''
after ``mitigation, and remediation''.
(c) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of
title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended--
(i) in the first section 2215 (6 U.S.C.
665; relating to the duties and authorities
relating to .gov internet domain), by amending
the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(ii) in the second section 2215 (6 U.S.C.
665b; relating to the joint cyber planning
office), by amending the section enumerator and
heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iii) in the third section 2215 (6 U.S.C.
665c; relating to the Cybersecurity State
Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(iv) in the fourth section 2215 (6 U.S.C.
665d; relating to Sector Risk Management
Agencies), by amending the section enumerator
and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(v) in section 2216 (6 U.S.C. 665e;
relating to the Cybersecurity Advisory
Committee), by amending the section enumerator
and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vi) in section 2217 (6 U.S.C. 665f;
relating to Cybersecurity Education and
Training Programs), by amending the section
enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--
Paragraph (1) of section 904(b) of division U of the
Consolidated Appropriations Act, 2021 (Public Law 116-
260) is amended, in the matter preceding subparagraph
(A), by inserting ``of 2002'' after ``Homeland Security
Act''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. CyberSentry program.''.
SEC. 1535. CYBER INCIDENT REVIEW OFFICE.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220A. CYBER INCIDENT REVIEW OFFICE.
``(a) Definitions.--In this section:
``(1) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services related
to cloud computing, as defined by the National Institutes of
Standards and Technology in NIST Special Publication 800-145
and any amendatory or superseding document relating thereto.
``(2) Covered entity.--The term `covered entity' means an
entity that owns or operates critical infrastructure that
satisfies the definition established by the Director in the
reporting requirements and procedures issued pursuant to
subsection (d).
``(3) Covered cybsecurity incident.--The term `covered
cybersecurity incident' means a cybersecurity incident
experienced by a covered entity that satisfies the definition
and criteria established by the Director in the reporting
requirements and procedures issued pursuant to subsection (d).
``(4) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given such term in section 102 of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(5) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501).
``(6) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(7) Defensive measure.--The term `defensive measure' has
the meaning given such term in section 102 of the Cybersecurity
Act of 2015 (enacted as division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)).
``(8) Information sharing and analysis organization.--The
term `Information Sharing and Analysis Organization' has the
meaning given such term in section 2222(5).
``(9) Information system.--The term `information system'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(9)).
``(10) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(11) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as
network, application, infrastructure, or security services, via
ongoing and regular support and active administration on
customers' premises, in the managed service provider's data
center (such as hosting), or in a third-party data center.
``(12) Security control.--The term `security control' has
the meaning given such term in section 102 of the Cybersecurity
Act of 2015 (enacted as division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)).
``(13) Security vulnerability.--The term `security
vulnerability' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(14) Significant cyber incident.--The term `significant
cyber incident' means a cyber incident, or a group of related
cyber incidents, that the Director determines is likely to
result in demonstrable harm to the national security interests,
foreign relations, or economy of the United States or to the
public confidence, civil liberties, or public health and safety
of the American people.
``(15) Supply chain attack.--The term `supply chain attack'
means an attack that allows an adversary to utilize implants or
other vulnerabilities inserted into information technology
hardware, software, operating systems, peripherals (such as
information technology products), or services at any point
during the life cycle in order to infiltrate the networks of
third parties where such products, services, or technologies
are deployed.
``(b) Cyber Incident Review Office.--There is established in the
Agency a Cyber Incident Review Office (in this section referred to as
the `Office') to receive, aggregate, and analyze reports related to
covered cybersecurity incidents submitted by covered entities in
furtherance of the activities specified in subsection (c) of this
section and sections 2202(e), 2209(c), and 2203 to enhance the
situational awareness of cybersecurity threats across critical
infrastructure sectors.
``(c) Activities.--The Office shall, in furtherance of the
activities specified in sections 2202(e), 2209(c), and 2203--
``(1) receive, aggregate, analyze, and secure reports from
covered entities related to a covered cybersecurity incident to
assess the effectiveness of security controls and identify
tactics, techniques, and procedures adversaries use to overcome
such controls;
``(2) facilitate the timely sharing between relevant
critical infrastructure owners and operators and, as
appropriate, the intelligence community of information relating
to covered cybersecurity incidents, particularly with respect
to an ongoing cybersecurity threat or security vulnerability;
``(3) for a covered cybersecurity incident that also
satisfies the definition of a significant cyber incident, or
are part of a group of related cyber incidents that together
satisfy such definition, conduct a review of the details
surrounding such covered cybersecurity incident or group of
such incidents and identify ways to prevent or mitigate similar
incidents in the future;
``(4) with respect to covered cybersecurity incident
reports under subsection (d) involving an ongoing cybersecurity
threat or security vulnerability, immediately review such
reports for cyber threat indicators that can be anonymized and
disseminated, with defensive measures, to appropriate
stakeholders, in coordination with other Divisions within the
Agency, as appropriate;
``(5) publish quarterly unclassified, public reports that
describe aggregated, anonymized observations, findings, and
recommendations based on covered cybersecurity incident reports
under subsection (d);
``(6) leverage information gathered regarding cybersecurity
incidents to enhance the quality and effectiveness of bi-
directional information sharing and coordination efforts with
appropriate stakeholders, including sector coordinating
councils, information sharing and analysis organizations,
technology providers, cybersecurity and incident response
firms, and security researchers, including by establishing
mechanisms to receive feedback from such stakeholders regarding
how the Agency can most effectively support private sector
cybersecurity; and
``(7) proactively identify opportunities, in accordance
with the protections specified in subsections (e) and (f), to
leverage and utilize data on cybersecurity incidents in a
manner that enables and strengthens cybersecurity research
carried out by academic institutions and other private sector
organizations, to the greatest extent practicable.
``(d) Covered Cybersecurity Incident Reporting Requirements and
Procedures.--
``(1) In general.--Not later than 270 days after the date
of the enactment of this section, the Director, in consultation
with Sector Risk Management Agencies and the heads of other
Federal departments and agencies, as appropriate, shall, after
a 60 day consultative period, followed by a 90 day comment
period with appropriate stakeholders, including sector
coordinating councils, publish in the Federal Register an
interim final rule implementing this section. Notwithstanding
section 553 of title 5, United States Code, such rule shall be
effective, on an interim basis, immediately upon publication,
but may be subject to change and revision after public notice
and opportunity for comment. The Director shall issue a final
rule not later than one year after publication of such interim
final rule. Such interim final rule shall--
``(A) require covered entities to submit to the
Office reports containing information relating to
covered cybersecurity incidents; and
``(B) establish procedures that clearly describe--
``(i) the types of critical infrastructure
entities determined to be covered entities;
``(ii) the types of cybersecurity incidents
determined to be covered cybersecurity
incidents;
``(iii) the mechanisms by which covered
cybersecurity incident reports under
subparagraph (A) are to be submitted,
including--
``(I) the contents, described in
paragraph (4), to be included in each
such report, including any supplemental
reporting requirements;
``(II) the timing relating to when
each such report should be submitted;
and
``(III) the format of each such
report;
``(iv) describe the manner in which the
Office will carry out enforcement actions under
subsection (g), including with respect to the
issuance of subpoenas, conducting examinations,
and other aspects relating to noncompliance;
and
``(v) any other responsibilities to be
carried out by covered entities, or other
procedures necessary to implement this section.
``(2) Covered entities.--In determining which types of
critical infrastructure entities are covered entities for
purposes of this section, the Secretary, acting through the
Director, in consultation with Sector Risk Management Agencies
and the heads of other Federal departments and agencies, as
appropriate, shall consider--
``(A) the consequences that disruption to or
compromise of such an entity could cause to national
security, economic security, or public health and
safety;
``(B) the likelihood that such an entity may be
targeted by a malicious cyber actor, including a
foreign country;
``(C) the extent to which damage, disruption, or
unauthorized access to such and entity will disrupt the
reliable operation of other critical infrastructure
assets; and
``(D) the extent to which an entity or sector is
subject to existing regulatory requirements to report
cybersecurity incidents, and the possibility of
coordination and sharing of reports between the Office
and the regulatory authority to which such entity
submits such other reports.
``(3) Outreach to covered entities.--
``(A) In general.--The Director shall conduct an
outreach and education campaign to inform covered
entities of the requirements of this section.
``(B) Elements.--The outreach and education
campaign under subparagraph (A) shall include the
following:
``(i) Overview of the interim final rule
and final rule issued pursuant to this section.
``(ii) Overview of reporting requirements
and procedures issued pursuant to paragraph
(1).
``(iii) Overview of mechanisms to submit to
the Office covered cybersecurity incident
reports and information relating to the
disclosure, retention, and use of incident
reports under this section.
``(iv) Overview of the protections afforded
to covered entities for complying with
requirements under subsection (f).
``(v) Overview of the steps taken under
subsection (g) when a covered entity is not in
compliance with the reporting requirements
under paragraph (1).
``(C) Coordination.--The Director may conduct the
outreach and education campaign under subparagraph (A)
through coordination with the following:
``(i) The Critical Infrastructure
Partnership Advisory Council established
pursuant to section 871.
``(ii) Information Sharing and Analysis
Organizations.
``(iii) Any other means the Director
determines to be effective to conduct such
campaign.
``(4) Covered cybersecurity incidents.--
``(A) Considerations.--In accordance with
subparagraph (B), in determining which types of
incidents are covered cybersecurity incidents for
purposes of this section, the Director shall consider--
``(i) the sophistication or novelty of the
tactics used to perpetrate such an incident, as
well as the type, volume, and sensitivity of
the data at issue;
``(ii) the number of individuals directly
or indirectly affected or potentially affected
by such an incident; and
``(iii) potential impacts on industrial
control systems, such as supervisory control
and data acquisition systems, distributed
control systems, and programmable logic
controllers.
``(B) Minimum thresholds.--For a cybersecurity
incident to be considered a covered cybersecurity
incident a cybersecurity incident shall, at a minimum,
include at least one of the following:
``(i) Unauthorized access to an information
system or network that leads to loss of
confidentiality, integrity, or availability of
such information system or network, or has a
serious impact on the safety and resiliency of
operational systems and processes.
``(ii) Disruption of business or industrial
operations due to a denial of service attack, a
ransomware attack, or exploitation of a zero-
day vulnerability, against--
``(I) an information system or
network; or
``(II) an operational technology
system or process.
``(iii) Unauthorized access or disruption
of business or industrial operations due to
loss of service facilitated through, or caused
by a compromise of, a cloud service provider,
managed service provider, other third-party
data hosting provider, or supply chain attack.
``(5) Reports.--
``(A) Timing.--
``(i) In general.--The Director, in
consultation with Sector Risk Management
Agencies and the heads of other Federal
departments and agencies, as appropriate, shall
establish reporting timelines for covered
entities to submit promptly to the Office
covered cybersecurity incident reports, as the
Director determines reasonable and appropriate
based on relevant factors, such as the nature,
severity, and complexity of the covered
cybersecurity incident at issue and the time
required for investigation, but in no case may
the Director require reporting by a covered
entity earlier than 72 hours after confirmation
that a covered cybersecurity incident has
occurred.
``(ii) Considerations.--In determining
reporting timelines under clause (i), the
Director shall--
``(I) consider any existing
regulatory reporting requirements,
similar in scope purpose, and timing to
the reporting requirements under this
section, to which a covered entity may
also be subject, and make efforts to
harmonize the timing and contents of
any such reports to the maximum extent
practicable; and
``(II) balance the Agency's need
for situational awareness with a
covered entity's ability to conduct
incident response and investigations.
``(B) Third party reporting.--
``(i) In general.--A covered entity may
submit a covered cybersecurity incident report
through a third party entity or Information
Sharing and Analysis Organization.
``(ii) Duty to ensure compliance.--Third
party reporting under this subparagraph does
not relieve a covered entity of the duty to
ensure compliance with the requirements of this
paragraph.
``(C) Supplemental reporting.--A covered entity
shall submit promptly to the Office, until such date
that such covered entity notifies the Office that the
cybersecurity incident investigation at issue has
concluded and the associated covered cybersecurity
incident has been fully mitigated and resolved,
periodic updates or supplements to a previously
submitted covered cybersecurity incident report if new
or different information becomes available that would
otherwise have been required to have been included in
such previously submitted report. In determining
reporting timelines, the Director may choose to
establish a flexible, phased reporting timeline for
covered entities to report information in a manner that
aligns with investigative timelines and allows covered
entities to prioritize incident response efforts over
compliance.
``(D) Contents.--Covered cybersecurity incident
reports submitted pursuant to this section shall
contain such information as the Director prescribes,
including the following information, to the extent
applicable and available, with respect to a covered
cybersecurity incident:
``(i) A description of the covered
cybersecurity incident, including
identification of the affected information
systems, networks, or devices that were, or are
reasonably believed to have been, affected by
such incident, and the estimated date range of
such incident.
``(ii) Where applicable, a description of
the vulnerabilities exploited and the security
defenses that were in place, as well as the
tactics, techniques, and procedures relevant to
such incident.
``(iii) Where applicable, any identifying
information related to the actor reasonably
believed to be responsible for such incident.
``(iv) Where applicable, identification of
the category or categories of information that
was, or is reasonably believed to have been,
accessed or acquired by an unauthorized person.
``(v) Contact information, such as
telephone number or electronic mail address,
that the Office may use to contact the covered
entity or, where applicable, an authorized
agent of such covered entity, or, where
applicable, the service provider, acting with
the express permission, and at the direction,
of such covered entity, to assist with
compliance with the requirements of this
section.
``(6) Responsibilities of covered entities.--Covered
entities that experience a covered cybersecurity incident shall
coordinate with the Office to the extent necessary to comply
with this section, and, to the extent practicable, cooperate
with the Office in a manner that supports enhancing the
Agency's situational awareness of cybersecurity threats across
critical infrastructure sectors.
``(7) Harmonizing reporting requirements.--In establishing
the reporting requirements and procedures under paragraph (1),
the Director shall, to the maximum extent practicable--
``(A) review existing regulatory requirements,
including the information required in such reports, to
report cybersecurity incidents that may apply to
covered entities, and ensure that any such reporting
requirements and procedures avoid conflicting,
duplicative, or burdensome requirements; and
``(B) coordinate with other regulatory authorities
that receive reports relating to cybersecurity
incidents to identify opportunities to streamline
reporting processes, and where feasible, enter into
agreements with such authorities to permit the sharing
of such reports with the Office, consistent with
applicable law and policy, without impacting the
Office's ability to gain timely situational awareness
of a covered cybersecurity incident or significant
cyber incident.
``(e) Disclosure, Retention, and Use of Incident Reports.--
``(1) Authorized activities.--No information provided to
the Office in accordance with subsections (d) or (h) may be
disclosed to, retained by, or used by any Federal department or
agency, or any component, officer, employee, or agent of the
Federal Government, except if the Director determines such
disclosure, retention, or use is necessary for--
``(A) a cybersecurity purpose;
``(B) the purpose of identifying--
``(i) a cybersecurity threat, including the
source of such threat; or
``(ii) a security vulnerability;
``(C) the purpose of responding to, or otherwise
preventing, or mitigating a specific threat of--
``(i) death;
``(ii) serious bodily harm; or
``(iii) serious economic harm, including a
terrorist act or a use of a weapon of mass
destruction;
``(D) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating a
serious threat to a minor, including sexual
exploitation or threats to physical safety; or
``(E) the purpose of preventing, investigating,
disrupting, or prosecuting an offense related to a
threat--
``(i) described in subparagraphs (B)
through (D); or
``(ii) specified in section 105(d)(5)(A)(v)
of the Cybersecurity Act of 2015 (enacted as
division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113; 6 U.S.C.
1504(d)(5)(A)(v))).
``(2) Exceptions.--
``(A) Rapid, confidential, bi-directional sharing
of cyber threat indicators.--Upon receiving a covered
cybersecurity incident report submitted pursuant to
this section, the Office shall immediately review such
report to determine whether the incident that is the
subject of such report is connected to an ongoing
cybersecurity threat or security vulnerability and
where applicable, use such report to identify, develop,
and rapidly disseminate to appropriate stakeholders
actionable, anonymized cyber threat indicators and
defensive measures.
``(B) Principles for sharing security
vulnerabilities.--With respect to information in a
covered cybersecurity incident report regarding a
security vulnerability referred to in paragraph
(1)(B)(ii), the Director shall develop principles that
govern the timing and manner in which information
relating to security vulnerabilities may be shared,
consistent with common industry best practices and
United States and international standards.
``(3) Privacy and civil liberties.--Information contained
in reports submitted to the Office pursuant to subsections (d)
and (h) shall be retained, used, and disseminated, where
permissible and appropriate, by the Federal Government in a
manner consistent with processes for the protection of personal
information adopted pursuant to section 105 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1504)).
``(4) Prohibition on use of information in regulatory
actions.--
``(A) In general.--Information contained in reports
submitted to the Office pursuant to subsections (d) and
(h) may not be used by any Federal, State, Tribal, or
local government to regulate, including through an
enforcement action, the lawful activities of any non-
Federal entity.
``(B) Exception.--A report submitted to the Agency
pursuant to subsection (d) or (h) may, consistent with
Federal or State regulatory authority specifically
relating to the prevention and mitigation of
cybersecurity threats to information systems, inform
the development or implementation of regulations
relating to such systems.
``(f) Protections for Reporting Entities and Information.--Reports
describing covered cybersecurity incidents submitted to the Office by
covered entities in accordance with subsection (d), as well as
voluntarily-submitted cybersecurity incident reports submitted to the
Office pursuant to subsection (h), shall be--
``(1) entitled to the protections against liability
described in section 106 of the Cybersecurity Act of 2015
(enacted as division N of the Consolidated Appropriations Act,
2016 (Public Law 114-113; 6 U.S.C. 1505));
``(2) exempt from disclosure under section 552 of title 5,
United States Code, as well as any provision of State, Tribal,
or local freedom of information law, open government law, open
meetings law, open records law, sunshine law, or similar law
requiring disclosure of information or records; and
``(3) considered the commercial, financial, and proprietary
information of the covered entity when so designated by the
covered entity.
``(g) Noncompliance With Required Reporting.--
``(1) Purpose.--In the event a covered entity experiences a
cybersecurity incident but does not comply with the reporting
requirements under this section, the Director may obtain
information about such incident by engaging directly such
covered entity in accordance with paragraph (2) to request
information about such incident, or, if the Director is unable
to obtain such information through such engagement, by issuing
a subpoena to such covered entity, subject to paragraph (3), to
gather information sufficient to determine whether such
incident is a covered cybersecurity incident, and if so,
whether additional action is warranted pursuant to paragraph
(4).
``(2) Initial request for information.--
``(A) In general.--If the Director has reason to
believe, whether through public reporting, intelligence
gathering, or other information in the Federal
Government's possession, that a covered entity has
experienced a cybersecurity incident that may be a
covered cybersecurity incident but did not submit
pursuant to subsection (d) to the Office a covered
cybersecurity incident report relating thereto, the
Director may request information from such covered
entity to confirm whether the cybersecurity incident at
issue is a covered cybersecurity incident, and
determine whether further examination into the details
surrounding such incident are warranted pursuant to
paragraph (4).
``(B) Treatment.--Information provided to the
Office in response to a request under subparagraph (A)
shall be treated as if such information was submitted
pursuant to the reporting procedures established in
accordance with subsection (d).
``(3) Authority to issue subpoenas.--
``(A) In general.--If, after the date that is seven
days from the date on which the Director made a request
for information in paragraph (2), the Director has
received no response from the entity from which such
information was requested, or received an inadequate
response, the Director may issue to such entity a
subpoena to compel disclosure of information the
Director considers necessary to determine whether a
covered cybersecurity incident has occurred and assess
potential impacts to national security, economic
security, or public health and safety, determine
whether further examination into the details
surrounding such incident are warranted pursuant to
paragraph (4), and if so, compel disclosure of such
information as is necessary to carry out activities
described in subsection (c).
``(B) Civil action.--If a covered entity does not
comply with a subpoena, the Director may bring a civil
action in a district court of the United States to
enforce such subpoena. An action under this paragraph
may be brought in the judicial district in which the
entity against which the action is brought resides, is
found, or does business. The court may punish a failure
to obey an order of the court to comply with the
subpoena as a contempt of court.
``(C) Non-applicability of protections.--The
protections described in subsection (f) do not apply to
a covered entity that is the recipient of a subpoena
under this paragraph (3).
``(4) Additional actions.--
``(A) Examination.--If, based on the information
provided in response to a subpoena issued pursuant to
paragraph (3), the Director determines that the
cybersecurity incident at issue is a significant cyber
incident, or is part of a group of related
cybersecurity incidents that together satisfy the
definition of a significant cyber incident, and a more
thorough examination of the details surrounding such
incident is warranted in order to carry out activities
described in subsection (c), the Director may direct
the Office to conduct an examination of such incident
in order to enhance the Agency's situational awareness
of cybersecurity threats across critical infrastructure
sectors, in a manner consistent with privacy and civil
liberties protections under applicable law.
``(B) Provision of certain information to attorney
general.--Notwithstanding subsection (e)(4) and
paragraph (2)(B), if the Director determines, based on
the information provided in response to a subpoena
issued pursuant to paragraph (3) or identified in the
course of an examination under subparagraph (A), that
the facts relating to the cybersecurity incident at
issue may constitute grounds for a regulatory
enforcement action or criminal prosecution, the
Director may provide such information to the Attorney
General or the appropriate regulator, who may use such
information for a regulatory enforcement action or
criminal prosecution.
``(h) Voluntary Reporting of Cyber Incidents.--The Agency shall
receive cybersecurity incident reports submitted voluntarily by
entities that are not covered entities, or concerning cybersecurity
incidents that do not satisfy the definition of covered cybersecurity
incidents but may nevertheless enhance the Agency's situational
awareness of cybersecurity threats across critical infrastructure
sectors. The protections under this section applicable to covered
cybersecurity incident reports shall apply in the same manner and to
the same extent to voluntarily-submitted cybersecurity incident reports
under this subsection.
``(i) Notification to Impacted Covered Entities.--If the Director
receives information regarding a cybersecurity incident impacting a
Federal agency relating to unauthorized access to data provided to such
Federal agency by a covered entity, and with respect to which such
incident is likely to undermine the security of such covered entity or
cause operational or reputational damage to such covered entity, the
Director shall, to the extent practicable, notify such covered entity
and provide to such covered entity such information regarding such
incident as is necessary to enable such covered entity to address any
such security risk or operational or reputational damage arising from
such incident.
``(j) Exemption.--Subchapter I of chapter 35 of title 44, United
States Code, does not apply to any action to carry out this section.
``(k) Saving Provision.--Nothing in this section may be construed
as modifying, superseding, or otherwise affecting in any manner any
regulatory authority held by a Federal department or agency, including
Sector Risk Management Agencies, existing on the day before the date of
the enactment of this section, or any existing regulatory requirements
or obligations that apply to covered entities.''.
(b) Reports.--
(1) On stakeholder engagement.--Not later than 30 days
before the date on which that the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security intends to issue an interim final rule under
subsection (d)(1) of section 2220A of the Homeland Security Act
of 2002 (as added by subsection (a)), the Director shall submit
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that describes how
the Director engaged stakeholders in the development of such
interim final rules.
(2) On opportunities to strengthen cybersecurity
research.--Not later than one year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
describing how the Cyber Incident Review Office of the
Department of Homeland Security (established pursuant to
section 2220A of the Homeland Security Act of 2002, as added by
subsection (a)) has carried out activities under subsection
(c)(6) of such section 2220A by proactively identifying
opportunities to use cybersecurity incident data to inform and
enable cybersecurity research carried out by academic
institutions and other private sector organizations.
(c) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of
title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended--
(i) in section 2202 (6 U.S.C. 652)--
(I) in paragraph (11), by striking
``and'' after the semicolon;
(II) in the first paragraph (12)
(relating to appointment of a
Cybersecurity State Coordinator) by
striking ``as described in section
2215; and'' and inserting ``as
described in section 2217;'';
(III) by redesignating the second
paragraph (12) (relating to the .gov
internet domain) as paragraph (13); and
(IV) by redesignating the third
paragraph (12) (relating to carrying
out such other duties and
responsibilities) as paragraph (14);
(ii) in the first section 2215 (6 U.S.C.
665; relating to the duties and authorities
relating to .gov internet domain), by amending
the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(iii) in the second section 2215 (6 U.S.C.
665b; relating to the joint cyber planning
office), by amending the section enumerator and
heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iv) in the third section 2215 (6 U.S.C.
665c; relating to the Cybersecurity State
Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(v) in the fourth section 2215 (6 U.S.C.
665d; relating to Sector Risk Management
Agencies), by amending the section enumerator
and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(vi) in section 2216 (6 U.S.C. 665e;
relating to the Cybersecurity Advisory
Committee), by amending the section enumerator
and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vii) in section 2217 (6 U.S.C. 665f;
relating to Cybersecurity Education and
Training Programs), by amending the section
enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--
Paragraph (1) of section 904(b) of division U of the
Consolidated Appropriations Act, 2021 (Public Law 116-
260) is amended, in the matter preceding subparagraph
(A), by inserting ``of 2002'' after ``Homeland Security
Act''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. Cyber Incident Review Office.''.
SEC. 1536. CISA DIRECTOR APPOINTMENT AND TERM.
Subsection (b) of section 2202 of the Homeland Security Act of 2002
(6 U.S.C. 652) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Director shall be appointed by the
President, by and with the advice and consent of the Senate.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Term.--Effective with respect to an individual
appointed pursuant to paragraph (1) after the date of the
enactment of this paragraph, the term of office of such an
individual so appointed shall be five years. The term of office
of the individual serving as the Director on the day before the
date of the enactment of this paragraph shall be five years
beginning from the date on which such Director began
serving.''.
SEC. 1537. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.
(a) Grant Program.--
(1) Establishment.--The Secretary, in accordance with the
agreement entitled the ``Agreement between the Government of
the United States of America and the Government of the State of
Israel on Cooperation in Science and Technology for Homeland
Security Matters'', dated May 29, 2008 (or successor
agreement), and the requirements specified in paragraph (2),
shall establish a grant program at the Department to support--
(A) cybersecurity research and development; and
(B) demonstration and commercialization of
cybersecurity technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding any other
provision of law, in carrying out a research,
development, demonstration, or commercial application
program or activity that is authorized under this
section, the Secretary shall require cost sharing in
accordance with this paragraph.
(B) Research and development.--
(i) In general.--Except as provided in
clause (ii), the Secretary shall require not
less than 50 percent of the cost of a research,
development, demonstration, or commercial
application program or activity described in
subparagraph (A) to be provided by a non-
Federal source.
(ii) Reduction.--The Secretary may reduce
or eliminate, on a case-by-case basis, the
percentage requirement specified in clause (i)
if the Secretary determines that such reduction
or elimination is necessary and appropriate.
(C) Merit review.--In carrying out a research,
development, demonstration, or commercial application
program or activity that is authorized under this
section, awards shall be made only after an impartial
review of the scientific and technical merit of the
proposals for such awards has been carried out by or
for the Department.
(D) Review processes.--In carrying out a review
under subparagraph (C), the Secretary may use merit
review processes developed under section 302(14) of the
Homeland Security Act of 2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant shall be eligible to
receive a grant under this subsection if the project of such
applicant--
(A) addresses a requirement in the area of
cybersecurity research or cybersecurity technology, as
determined by the Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity,
academic institution, National Laboratory (as
such term is defined in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801)), or
nonprofit entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary an
application for such grant in accordance with procedures
established by the Secretary, in consultation with the advisory
board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish
an advisory board to--
(i) monitor the method by which grants are
awarded under this subsection; and
(ii) provide to the Secretary periodic
performance reviews of actions taken to carry
out this subsection.
(B) Composition.--The advisory board established
under subparagraph (A) shall be composed of three
members, to be appointed by the Secretary, of whom--
(i) one shall be a representative of the
Federal Government;
(ii) one shall be selected from a list of
nominees provided by the United States-Israel
Binational Science Foundation; and
(iii) one shall be selected from a list of
nominees provided by the United States-Israel
Binational Industrial Research and Development
Foundation.
(6) Contributed funds.--Notwithstanding any other provision
of law, the Secretary may accept or retain funds contributed by
any person, government entity, or organization for purposes of
carrying out this subsection. Such funds shall be available,
subject to appropriation, without fiscal year limitation.
(7) Report.--Not later than 180 days after the date of
completion of a project for which a grant is provided under
this subsection, the grant recipient shall submit to the
Secretary a report that contains--
(A) a description of how the grant funds were used
by the recipient; and
(B) an evaluation of the level of success of each
project funded by the grant.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be
unclassified by both the United States and Israel.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section not less than $6,000,000 for
each of fiscal years 2022 through 2026.
(c) Definitions.--In this section--
(1) the term ``cybersecurity research'' means research,
including social science research, into ways to identify,
protect against, detect, respond to, and recover from
cybersecurity threats;
(2) the term ``cybersecurity technology'' means technology
intended to identify, protect against, detect, respond to, and
recover from cybersecurity threats;
(3) the term ``cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501; enacted as title I of the
Cybersecurity Act of 2015 (division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113)));
(4) the term ``Department'' means the Department of
Homeland Security; and
(5) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 1538. CYBER INCIDENT RESPONSE PLAN.
Subsection (c) of section 2210 of the Homeland Security Act of 2002
(6 U.S.C. 660) is amended--
(1) by striking ``regularly update'' and inserting ``update
not less often then biennially''; and
(2) by adding at the end the following new sentence: ``The
Director, in consultation with relevant Sector Risk Management
Agencies and the National Cyber Director, shall develop
mechanisms to engage with stakeholders to educate such
stakeholders regarding Federal Government cybersecurity roles
and responsibilities for cyber incident response.''.
SEC. 1539. REPORT ON PLAN TO FULLY FUND THE INFORMATION SYSTEMS
SECURITY PROGRAM AND NEXT GENERATION ENCRYPTION.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the resources
necessary to fully fund the Information Systems Security Program during
the period covered by the most recent future-years defense program
submitted under section 221 of title 10, United States Code--
(1) to address the cybersecurity requirements of the
Department of Defense; and
(2) for the adoption of next generation encryption into
existing and future systems.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment by the Chief Information Officer of the
Department of Defense, in coordination with the chiefs of the
Armed Forces and in consultation with the Director of the
National Security Agency, of the additional resources required
to fund the Information Systems Security Program at a level
that satisfies current and anticipated cybersecurity
requirements of the Department.
(2) An identification of any existing funding not currently
aligned to the Program that is more appropriately funded
through the Program.
(3) A strategic plan, developed in coordination with the
chiefs of the Armed Forces and in consultation with the
Director of the National Security Agency, that provides
options, timelines and required funding, by Armed Force or
component of the Department, for the adoption of next
generation encryption into existing and future systems.
(c) Form.--The report under subsection (a) may be submitted in
classified form.
(d) Briefing.--Not later than 30 days after the date on which the
Secretary submits the report under subsection (a), the Chief
Information Officer of the Department and the Director of the National
Security Agency shall jointly provide to the appropriate congressional
committees a briefing on the report.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate.
SEC. 1540. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMATION PROGRAM.
Subsection (b) of section 1648 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92), is amended
by amending paragraph (4) to read as follows:
``(4) Definitions for `Controlled Unclassified Information'
(CUI) and `For Official Use Only' (FOUO), policies regarding
protecting information designated as either of such, and an
assessment of the `DoD CUI Program' and Department of Defense
compliance with the responsibilities specified in Department of
Defense Instruction (DoDI) 5200.48, `Controlled Unclassified
Information (CUI),' including the following:
``(A) The extent to which the Department of Defense
is identifying whether information is CUI via a
contracting vehicle and marking documents, material, or
media containing such information in a clear and
consistent manner.
``(B) Recommended regulatory or policy changes to
ensure consistency and clarity in CUI identification
and marking requirements.
``(C) Circumstances under which commercial
information is considered CUI, and any impacts to the
commercial supply chain associated with security and
marking requirements.
``(D) Benefits and drawbacks of requiring all CUI
to be marked with a unique CUI legend versus requiring
that all data marked with an appropriate restricted
legend be handled as CUI.
``(E) The extent to which the Department of Defense
clearly delineates Federal Contract Information (FCI)
from CUI.
``(F) Examples or scenarios to illustrate
information that is and is not CUI.''.
SEC. 1541. EVALUATION OF DEPARTMENT OF DEFENSE CYBER GOVERNANCE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall commission a
comprehensive evaluation and review of the Department of Defense's
current cyber governance construct.
(b) Scope.--The evaluation and review commissioned pursuant to
subsection (a) shall--
(1) assess the performance of the Department of Defense in
carrying out cyberspace and cybersecurity responsibilities
relating to--
(A) conducting military cyberspace operations of
offensive, defensive, and protective natures;
(B) securely operating technologies associated with
information networks, industrial control systems,
operational technologies, weapon systems, and weapon
platforms; and
(C) enabling, encouraging, and supporting the
security of international, industrial, and academic
partners;
(2) analyze and assess the current institutional constructs
across the Office of the Secretary of Defense, Joint Staff,
military services, and combatant commands involved with and
responsible for the responsibilities specified in paragraph
(1);
(3) examine the Department's policy, legislative, and
regulatory regimes related to cyberspace and cybersecurity
matters;
(4) analyze and assess the Department's performance in and
posture for building and retaining the requisite workforce
necessary to perform the responsibilities specified in
paragraph (1);
(5) determine optimal governance structures related to the
management and advancement of the Department's cyber workforce,
including those structures defined under and evaluated pursuant
to section 1649 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) and section 1726 of the
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283);
(6) develop policy and legislative recommendations, as
appropriate, to delineate and deconflict the roles and
responsibilities of United States Cyber Command in defending
and protecting the Department of Defense Information Network
(DoDIN), with the responsibility of the Chief Information
Officer, the Defense Information Systems Agency, and the
military services to securely operate technologies specified in
paragraph (1)(B);
(7) develop policy and legislative recommendations to
enhance the authority of the Chief Information Officers within
the military services, specifically as such relates to
executive and budgetary control over matters related to such
services' information technology security, acquisition, and
value;
(8) develop policy and legislative recommendations, as
appropriate, for optimizing the institutional constructs across
the Office of the Secretary of Defense, Joint Staff, military
services, and combatant commands involved with and responsible
for the responsibilities specified in paragraph (1); and
(9) make recommendations for any legislation determined
appropriate.
(c) Interim Briefings.--Not later than 90 days after the
commencement of the evaluation and review commissioned pursuant to
subsection (a) and every 45 days thereafter, the Secretary of Defense
shall brief the congressional defense committees on interim findings of
such evaluation and review.
(d) Report.--Not later than six months after the commencement of
the evaluation and review commissioned pursuant to subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a report on such evaluation and review.
SEC. 1542. OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT TERRAIN IN
CYBERSPACE.
(a) Mission-relevant Terrain.--Not later than January 1, 2025, the
Department of Defense shall have completed mapping of mission-relevant
terrain in cyberspace for Defense Critical Assets and Task Critical
Assets at sufficient granularity to enable mission thread analysis and
situational awareness, including required--
(1) decomposition of missions reliant on such Assets;
(2) identification of access vectors;
(3) internal and external dependencies;
(4) topology of networks and network segments;
(5) cybersecurity defenses across information and
operational technology on such Assets; and
(6) identification of associated or reliant weapon systems.
(b) Combatant Command Responsibilities.--Not later than January 1,
2024, the Commanders of United States European Command, United States
Indo-Pacific Command, United States Northern Command, United States
Strategic Command, United States Space Command, United States
Transportation Command, and other relevant Commands, in coordination
with the Commander of United States Cyber Command, in order to enable
effective mission thread analysis, cyber situational awareness, and
effective cyber defense of Defense Critical Assets and Task Critical
Assets under their control or in their areas of responsibility, shall
develop, institute, and make necessary modifications to--
(1) internal combatant command processes, responsibilities,
and functions;
(2) coordination with service components under their
operational control, United States Cyber Command, Joint Forces
Headquarters-Department of Defense Information Network, and the
service cyber components;
(3) combatant command headquarters' situational awareness
posture to ensure an appropriate level of cyber situational
awareness of the forces, facilities, installations, bases,
critical infrastructure, and weapon systems under their control
or in their areas of responsibility, in particular, Defense
Critical Assets and Task Critical Assets; and
(4) documentation of their mission-relevant terrain in
cyberspace.
(c) Department of Defense Chief Information Officer
Responsibilities.--
(1) In general.--Not later than November 1, 2023, the Chief
Information Officer of the Department of Defense shall
establish or make necessary changes to policy, control systems
standards, risk management framework and authority to operate
policies, and cybersecurity reference architectures to provide
baseline cybersecurity requirements for operational technology
in facilities, installations, bases, critical infrastructure,
and weapon systems across the Department of Defense Information
Network.
(2) Implementation of policies.--The Chief Information
Officer shall leverage acquisition guidance, concerted
assessment of the Department's operational technology
enterprise, and coordination with the military department
principal cyber advisors and chief information officers to
drive necessary change and implementation of relevant policy
across the Department's facilities, installations, bases,
critical infrastructure, and weapon systems.
(3) Additional responsibilities.--The Chief Information
Officer shall ensure that policies, control systems standards,
and cybersecurity reference architectures--
(A) are implementable by components of the
Department;
(B) in their implementation, limit adversaries'
ability to reach or manipulate control systems through
cyberspace;
(C) appropriately balance non-connectivity and
monitoring requirements;
(D) include data collection and flow requirements;
(E) interoperate with and are informed by the
operational community's workflows for defense of
information and operational technology in facilities,
installations, bases, critical infrastructure, and
weapon systems;
(F) integrate and interoperate with Department
mission assurance construct; and
(G) are implemented with respect to Defense
Critical Assets and Task Critical Assets.
(d) United States Cyber Command Operational Responsibilities.--Not
later than January 1, 2025, the Commander of United States Cyber
Command shall make necessary modifications to the mission, scope, and
posture of Joint Forces Headquarters-Department of Defense Information
Network to ensure that Joint Forces Headquarters--
(1) has appropriate visibility of operational technology in
facilities, installations, bases, critical infrastructure, and
weapon systems across the Department of Defense Information
Network and, in particular, Defense Critical Assets and Task
Critical Assets;
(2) can effectively command and control forces to defend
such operational technology; and
(3) has established processes for--
(A) incident and compliance reporting;
(B) ensuring compliance with Department of Defense
cybersecurity policy; and
(C) ensuring that cyber vulnerabilities, attack
vectors, and security violations, in particular those
specific to Defense Critical Assets and Task Critical
Assets, are appropriately managed.
(e) United States Cyber Command Functional Responsibilities.--Not
later than January 1, 2025, the Commander of United States Cyber
Command shall--
(1) ensure in its role of Joint Forces Trainer for the
Cyberspace Operations Forces that operational technology cyber
defense is appropriately incorporated into training for the
Cyberspace Operations Forces;
(2) delineate the specific force composition requirements
within the Cyberspace Operations Forces for specialized cyber
defense of operational technology, including the number, size,
scale, and responsibilities of defined Cyber Operations Forces
elements;
(3) develop and maintain, or support the development and
maintenance of, a joint training curriculum for operational
technology-focused Cyberspace Operations Forces;
(4) support the Chief Information Officer as the
Department's senior official for the cybersecurity of
operational technology under this section;
(5) develop and institutionalize, or support the
development and institutionalization of, tradecraft for defense
of operational technology across local defenders, cybersecurity
service providers, cyber protection teams, and service-
controlled forces; and
(6) develop and institutionalize integrated concepts of
operation, operational workflows, and cybersecurity
architectures for defense of information and operational
technology in facilities, installations, bases, critical
infrastructure, and weapon systems across the Department of
Defense Information Network and, in particular, Defense
Critical Assets and Task Critical Assets, including--
(A) deliberate and strategic sensoring of such
Network and Assets;
(B) instituting policies governing connections
across and between such Network and Assets;
(C) modelling of normal behavior across and between
such Network and Assets;
(D) engineering data flows across and between such
Network and Assets;
(E) developing local defenders, cybersecurity
service providers, cyber protection teams, and service-
controlled forces' operational workflows and tactics,
techniques, and procedures optimized for the designs,
data flows, and policies of such Network and Assets;
(F) instituting of model defensive cyber operations
and Department of Defense Information Network
operations tradecraft; and
(G) integrating of such operations to ensure
interoperability across echelons; and
(7) advance the integration of the Department of Defense's
mission assurance, cybersecurity compliance, cybersecurity
operations, risk management framework, and authority to operate
programs and policies.
(f) Service Responsibilities.--No later than January 1, 2025, the
Secretaries of the military departments, through the service principal
cyber advisors, chief information officers, the service cyber
components, and relevant service commands, shall make necessary
investments in operational technology in facilities, installations,
bases, critical infrastructure, and weapon systems across the
Department of Defense Information Network and the service-controlled
forces responsible for defense of such operational technology to--
(1) ensure that relevant local network and cybersecurity
forces are responsible for defending and appropriately postured
to defend operational technology across facilities,
installations, bases, critical infrastructure, and weapon
systems, in particular Defense Critical Assets and Task
Critical Assets;
(2) ensure that relevant local operational technology-
focused system operators, network and cybersecurity forces,
mission defense teams and other service-retained forces, and
cyber protection teams are appropriately trained, including
through common training and use of cyber ranges, as
appropriate, to execute the specific requirements of
cybersecurity operations in operational technology;
(3) ensure that all Defense Critical Assets and Task
Critical Assets are monitored and defended by Cybersecurity
Service Providers;
(4) ensure that operational technology is appropriately
sensored and appropriate cybersecurity defenses, including
technologies associated with the More Situational Awareness for
Industrial Control Systems Joint Capability Technology
Demonstration, are employed to enable defense of Defense
Critical Assets and Task Critical Assets;
(5) implement Department of Defense Chief Information
Officer policy germane to operational technology, in particular
with respect to Defense Critical Assets and Task Critical
Assets;
(6) plan for, designate, and train dedicate forces to be
utilized in operational technology-centric roles across the
military services and United States Cyber Command; and
(7) ensure that operational technology, as appropriate, is
not easily accessible via the internet and that cybersecurity
investments accord with mission risk to and relevant access
vectors for Defense Critical Assets and Task Critical Assets.
(g) Office of the Secretary of Defense Responsibilities.--No later
than January 1, 2023, the Secretary of Defense shall--
(1) assess and finalize Office of the Secretary of Defense
components' roles responsibilities for the cybersecurity of
operational technology in facilities, installations, bases,
critical infrastructure, and weapon systems across the
Department of Defense Information Network;
(2) assess the need to establish centralized or dedicated
funding for remediation of cybersecurity gaps in operational
technology across the Department of Defense Information Network
and to drive implementation of this section;
(3) make relevant modifications to the Department of
Defense's mission assurance construct, Mission Assurance
Coordination Board, and other relevant bodies to drive--
(A) prioritization of kinetic and non-kinetic
threats to the Department's missions and minimization
of mission risk in the Department's war plans;
(B) prioritization of relevant mitigations and
investments to harden and assure the Department's
missions and minimize mission risk in the Department's
war plans; and
(C) completion of mission relevant terrain mapping
of Defense Critical Assets and Task Critical Assets and
population of associated assessment and mitigation data
in authorized repositories;
(4) make relevant modifications to the Strategic
Cybersecurity Program; and
(5) drive and provide oversight of the implementation of
this section.
(h) Budget Rollout Briefings.--
(1) Until January 1, 2024, at the annual staffer day
briefings for the Committees on Armed Services of the Senate
and the House of Representatives, each of the Secretaries of
the military departments, the Commander of United States Cyber
Command, and the Department of Defense Chief Information
Officer shall provide updates on activities undertaken and
progress made against the specific requirements of this
section.
(2) No less frequently than annually until January 1, 2024,
beginning no later than 1 year after the date of the enactment
of this Act, the Under Secretary of Defense for Policy, the
Under Secretary of Defense for Acquisition and Sustainment, the
Chief Information Officer, and the Joint Staff J6, representing
the combatant commands, shall individually or together provide
briefings to the Committees on Armed Services of the Senate and
the House of Representatives on activities undertaken and
progress made against the specific requirements of this
section.
(i) Implementation.--
(1) In general.--In implementing this section, the
Department of Defense shall prioritize the cybersecurity and
cyber defense of Defense Critical Assets and Task Critical
Assets and shape cyber investments, policy, operations, and
deployments to ensure cybersecurity and cyber defense.
(2) Application.--This section shall apply to assets owned
and operated by the Department of Defense, as well as
applicable, non-Department of Defense assets essential to the
projection, support, and sustainment of military forces and
operations worldwide.
(j) Definition.--In this section, ``operational technology'' refers
to control systems, or controllers, communication architectures, and
user interfaces that monitor or control infrastructure and equipment
operating in various environments, such as weapons systems, utility or
energy production and distribution, medical, logistics, nuclear,
biological, chemical, and manufacturing facilities.
SEC. 1543. IMPLEMENTATION OF CERTAIN CYBERSECURITY RECOMMENDATIONS;
CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL
CERTIFICATION FRAMEWORK.
(a) Report on Implementation of Certain Cybersecurity
Recommendations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the plans of the
Secretary to implement certain cybersecurity recommendations to
ensure--
(1) the Chief Information Officer of the Department of
Defense takes appropriate steps to ensure implementation of
DC3I tasks;
(2) Department components develop plans with scheduled
completion dates to implement any remaining CDIP tasks overseen
by the Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a Department
component to oversee the implementation of any CDIP tasks not
overseen by the Chief Information Officer and reports on
progress relating to such implementation;
(4) Department components accurately monitor and report
information on the extent that users have completed Cyber
Awareness Challenge training, as well as the number of users
whose access to the Department network was revoked because such
users have not completed such training;
(5) the Chief Information Officer ensures all Department
components, including DARPA, require their users to take Cyber
Awareness Challenge training;
(6) a Department component is directed to monitor the
extent to which practices are implemented to protect the
Department's network from key cyberattack techniques; and
(7) the Chief Information Officer assesses the extent to
which senior leaders of the Department have more complete
information to make risk-based decisions, and revise the
recurring reports (or develop a new report) accordingly,
including information relating to the Department's progress on
implementing--
(A) cybersecurity practices identified in cyber
hygiene initiatives; and
(B) cyber hygiene practices to protect Department
networks from key cyberattack techniques.
(b) Report on Cyber Hygiene and Cybersecurity Maturity Model
Certification Framework.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees and the
Comptroller General of the United States a report on the cyber
hygiene practices of the Department of Defense and the extent
to which such practices are effective at protecting Department
missions, information, system and networks. The report shall
include the following:
(A) An assessment of each Department component's
compliance with the requirements and levels identified
in the Cybersecurity Maturity Model Certification
framework.
(B) For each Department component that does not
achieve the requirements for ``good cyber hygiene'' as
defined in CMMC Model Version 1.02, a plan for how that
component will implement security measures to bring it
into compliance with good cyber hygiene requirements
within one year, and a strategy for mitigating
potential vulnerabilities and consequences until such
requirements are implemented.
(2) Comptroller general review.--Not later than 180 days
after the submission of the report required under paragraph
(1)), the Comptroller General of the United States shall
conduct an independent review of the report and provide a
briefing to the congressional defense committees on the
findings of the review.
SEC. 1544. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220A. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency the
National Cyber Exercise Program (referred to in this section as
the `Exercise Program') to evaluate the National Cyber Incident
Response Plan, and other related plans and strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall be--
``(i) based on current risk assessments,
including credible threats, vulnerabilities,
and consequences;
``(ii) designed, to the extent practicable,
to simulate the partial or complete
incapacitation of a government or critical
infrastructure network resulting from a cyber
incident;
``(iii) designed to provide for the
systematic evaluation of cyber readiness and
enhance operational understanding of the cyber
incident response system and relevant
information sharing agreements; and
``(iv) designed to promptly develop after-
action reports and plans that can quickly
incorporate lessons learned into future
operations.
``(B) Model exercise selection.--The Exercise
Program shall--
``(i) include a selection of model
exercises that government and private entities
can readily adapt for use; and
``(ii) aid such governments and private
entities with the design, implementation, and
evaluation of exercises that--
``(I) conform to the requirements
described in subparagraph (A);
``(II) are consistent with any
applicable national, State, local, or
Tribal strategy or plan; and
``(III) provide for systematic
evaluation of readiness.
``(3) Consultation.--In carrying out the Exercise Program,
the Director may consult with appropriate representatives from
Sector Risk Management Agencies, the Office of the National
Cyber Director, cybersecurity research stakeholders, and Sector
Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.
``(2) Private entity.--The term `private entity' has the
meaning given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).''.
(b) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of
title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended--
(i) in the first section 2215 (6 U.S.C.
665; relating to the duties and authorities
relating to .gov internet domain), by amending
the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(ii) in the second section 2215 (6 U.S.C.
665b; relating to the joint cyber planning
office), by amending the section enumerator and
heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iii) in the third section 2215 (6 U.S.C.
665c; relating to the Cybersecurity State
Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(iv) in the fourth section 2215 (6 U.S.C.
665d; relating to Sector Risk Management
Agencies), by amending the section enumerator
and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(v) in section 2216 (6 U.S.C. 665e;
relating to the Cybersecurity Advisory
Committee), by amending the section enumerator
and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vi) in section 2217 (6 U.S.C. 665f;
relating to Cybersecurity Education and
Training Programs), by amending the section
enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--
Paragraph (1) of section 904(b) of division U of the
Consolidated Appropriations Act, 2021 (Public Law 116-
260) is amended, in the matter preceding subparagraph
(A), by inserting ``of 2002'' after ``Homeland Security
Act''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. National Cyber Exercise Program.''.
SEC. 1545. DEPARTMENT OF HOMELAND SECURITY GUIDANCE WITH RESPECT TO
CERTAIN INFORMATION AND COMMUNICATIONS TECHNOLOGY OR
SERVICES CONTRACTS.
(a) Guidance.--The Secretary of Homeland Security, acting through
the Under Secretary, shall issue guidance with respect to new and
existing covered contracts.
(b) New Covered Contracts.--In developing guidance under subsection
(a), with respect to each new covered contract, as a condition on the
award of such a contract, each contractor responding to a solicitation
for such a contract shall submit to the covered officer--
(1) a planned bill of materials when submitting a bid
proposal; and
(2) the certification and notifications described in
subsection (e).
(c) Existing Covered Contracts.--In developing guidance under
subsection (a), with respect to each existing covered contract, each
contractor with an existing covered contract shall submit to the
covered officer--
(1) the bill of materials used for such contract, upon the
request of such officer; and
(2) the certification and notifications described in
subsection (e).
(d) Updating Bill of Materials.--With respect to a covered
contract, in the case of a change to the information included in a bill
of materials submitted pursuant to subsections (b)(1) and (c)(1), each
contractor shall submit to the covered officer the update to such bill
of materials, in a timely manner.
(e) Certification and Notifications.--The certification and
notifications referred to in subsections (b)(2) and (c)(2), with
respect to a covered contract, are the following:
(1) A certification that each item listed on the submitted
bill of materials is free from all known vulnerabilities or
defects affecting the security of the end product or service
identified in--
(A) the National Institute of Standards and
Technology National Vulnerability Database; and
(B) any database designated by the Under Secretary,
in coordination with the Director of the Cybersecurity
and Infrastructure Security Agency, that tracks
security vulnerabilities and defects in open source or
third-party developed software.
(2) A notification of each vulnerability or defect
affecting the security of the end product or service, if
identified, through--
(A) the certification of such submitted bill of
materials required under paragraph (1); or
(B) any other manner of identification.
(3) A notification relating to the plan to mitigate,
repair, or resolve each security vulnerability or defect listed
in the notification required under paragraph (2).
(f) Enforcement.--In developing guidance under subsection (a), the
Secretary shall instruct covered officers with respect to--
(1) the processes available to such officers enforcing
subsections (b) and (c); and
(2) when such processes should be used.
(g) Effective Date.--The guidance required under subsection (a)
shall take effect on the date that is 180 days after the date of the
enactment of this section.
(h) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Secretary, the Committee on Homeland Security of
the House of Representatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate a report that includes--
(1) a review of the implementation of this section;
(2) information relating to the engagement of the
Department of Homeland Security with industry;
(3) an assessment of how the guidance issued pursuant to
subsection (a) complies with Executive Order 14208 (86 Fed.
Reg. 26633; relating to improving the nation's cybersecurity);
and
(4) any recommendations relating to improving the supply
chain with respect to covered contracts.
(i) Definitions.--In this section:
(1) The term ``bill of materials'' means a list of the
parts and components (whether new or reused) of an end product
or service, including, with respect to each part and component,
information relating to the origin, composition, integrity, and
any other information as determined appropriate by the Under
Secretary.
(2) The term ``covered contract'' means a contract relating
to the procurement of covered information and communications
technology or services for the Department.
(3) The term ``covered information and communications
technology or services'' means the terms--
(A) ``information technology'' (as such term is
defined in section 11101(6) of title 40, United States
Code);
(B) ``information system'' (as such term is defined
in section 3502(8) of title 44, United States Code);
(C) ``telecommunications equipment'' (as such term
is defined in section 3(52) of the Communications Act
of 1934 (47 U.S.C. 153(52))); and
(D) ``telecommunications service'' (as such term is
defined in section 3(53) of the Communications Act of
1934 (47 U.S.C. 153(53))).
(4) The term ``covered officer'' means--
(A) a contracting officer of the Department; and
(B) any other official of the Department as
determined appropriate by the Under Secretary.
(5) The term ``Department'' means the Department of
Homeland Security.
(6) The term ``software'' means computer programs and
associated data that may be dynamically written or modified
during execution.
(7) The term ``Under Secretary'' means the Under Secretary
for Management of the Department.
SEC. 1546. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF INFORMATION
SYSTEMS AND CYBERSECURITY THREATS.
(a) Responsibilities of Director.--Section 2202(c)(3) of the
Homeland Security Act of 2002 (6 U.S.C. 652) is amended by striking the
semicolon at the end and adding the following: ``, including by
carrying out a periodic strategic assessment of the related programs
and activities of the Agency to ensure such programs and activities
contemplate the innovation of information systems and changes in
cybersecurity risks and cybersecurity threats;''
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act and not fewer than once every three
years thereafter, the Director of the Cybersecurity and
Infrastructure Security Agency shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a strategic assessment for the purposes described in
paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) A description of the existing programs and
activities administered in furtherance of section
2202(c)(3) of the Homeland Security Act of 2002 (6
U.S.C. 652).
(B) An assessment of the capability of existing
programs and activities administered by the Agency in
furtherance of such section to monitor for, manage,
mitigate, and defend against cybersecurity risks and
cybersecurity threats.
(C) An assessment of past or anticipated
technological trends or innovation of information
systems or information technology that have the
potential to affect the efficacy of the programs and
activities administered by the Agency in furtherance of
such section.
(D) A description of any changes in the practices
of the Federal workforce, such as increased telework,
affect the efficacy of the programs and activities
administered by the Agency in furtherance of section
2202(c)(3).
(E) A plan to integrate innovative security tools,
technologies, protocols, activities, or programs to
improve the programs and activities administered by the
Agency in furtherance of such section.
(F) A description of any research and development
activities necessary to enhance the programs and
activities administered by the Agency in furtherance of
such section.
(G) A description of proposed changes to existing
programs and activities administered by the Agency in
furtherance of such section, including corresponding
milestones for implementation.
(H) Information relating to any new resources or
authorities necessary to improve the programs and
activities administered by the Agency in furtherance of
such section.
(c) Definitions.--In this section:
(1) The term ``Agency'' means the Cybersecurity and
Infrastructure Security Agency.
(2) The term ``cybersecurity purpose'' has the meaning
given such term in section 102(4) of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501(4)).
(3) The term ``cybersecurity risk'' has the meaning given
such term in section 2209(a)(2) of the Homeland Security Act of
2002 (6 U.S.C. 659(a)(2)).
(4) The term ``information system'' has the meaning given
such term in section 3502(8) of title 44, United States Code.
(5) The term ``information technology'' has the meaning
given such term in 3502(9) of title 44, United States Code.
(6) The term ``telework'' has the meaning given the term in
section 6501(3) of title 5, United States Code.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
SEC. 1601. IMPROVEMENTS TO TACTICALLY RESPONSIVE SPACE LAUNCH PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Space Force, in collaboration with the United
States Space Command, the military departments, relevant
Defense Agencies and, where practicable, the National
Reconnaissance Office, should continue to build on the
successful Space Safari tactically responsive launch-2 mission
of the Space Force, which was a pathfinder to inform concepts
of operation regarding tactically responsive launches; and
(2) future efforts regarding tactically responsive launches
should not be limited to only launch capabilities, but should
also include all aspects that are needed for rapid
reconstitution and responsiveness to urgent requirements with
respect to satellite buses, payloads, operations, and ground
infrastructure.
(b) Program.--Section 1609 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Program.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Support.--
``(1) Elements.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall support the
tactically responsive launch program under subsection (a)
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, in 2022 to ensure that the program addresses the
following:
``(A) The ability to rapidly place on-orbit systems
to respond to urgent needs of the commanders of the
combatant commands or to reconstitute space assets and
capabilities to support national security priorities if
such assets and capabilities are degraded, attacked, or
otherwise impaired, including such assets and
capabilities relating to protected communications and
intelligence, surveillance, and reconnaissance.
``(B) The entire launch process, including with
respect to launch services, satellite bus and payload
availability, and operations and sustainment on-orbit.
``(2) Plan.--As a part of the defense budget materials (as
defined in section 239 of title 10, United States Code) for
fiscal year 2023, the Secretary of Defense, in consultation
with the Director of National Intelligence, shall submit to
Congress a plan for the tactically responsive launch program to
address the elements under paragraph (1). Such plan shall
include the following:
``(A) Lessons learned from the Space Safari
tactically responsive launch-2 mission of the Space
Force, and how to incorporate such lessons into future
efforts regarding tactically responsive launches.
``(B) How to achieve responsive acquisition
timelines within the adaptive acquisition framework for
space acquisition pursuant to section 807.
``(C) Plans to address supply chain issues and
leverage commercial capabilities to support future
reconstitution and urgent space requirements leveraging
the tactically responsive launch program under
subsection (a).''.
SEC. 1602. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and the National
Reconnaissance Office should, to the extent practicable, use
launch services under a phase two contract of the National
Security Space Launch program; and
(2) for missions that fall outside of the requirements of
phase two of the National Security Space Launch program, the
Department of Defense and the National Reconnaissance Office
should continue to leverage the growing launch provider base of
the United States, including those companies that provide
smaller and ride-share launch capabilities, to incentivize
sustained investment in domestic launch capabilities.
(b) Policy.--With respect to entering into contracts for launch
services during the period beginning on the date of the enactment of
this Act and ending September 30, 2024, it shall be the policy of the
Department of Defense and the National Reconnaissance Office to--
(1) use the National Security Space Launch program to the
extent practicable to procure launch services that are met
under the requirements of phase two; and
(2) maximize continuous competition for launch services as
the Space Force initiates planning for phase three,
specifically for those technology areas that are unique to
existing and emerging national security requirements.
(c) Notification.--If the Secretary of Defense or the Director of
the National Reconnaissance Office determines that a program requiring
launch services that could be met using phase two contracts will
instead use an alternative launch procurement approach, not later than
seven days after the date of such determination, the Secretary of
Defense or, as appropriate, the Director of National Intelligence,
shall submit to the appropriate congressional committees--
(1) a notification of such determination;
(2) a certification that the alternative launch procurement
approach is in the national security interest of the United
States; and
(3) an outline of the cost analysis and any other rationale
for such determination.
(d) Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Chief of Space Operations and the
Director of the Space Development Agency, and in consultation
with the Director of National Intelligence (including with
respect to the views of the Director of the National
Reconnaissance Office), shall submit to the appropriate
congressional committees a report on the plans of the Secretary
to address, with respect to launches that would be procured in
addition to or outside of launches under phase two, the
emerging launch requirements in the areas of space access,
mobility, and logistics that cannot be met by phase two
capabilities, as of the date of the report.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An examination of the benefits of competing up
to two launches per year outside of phase two to
accelerate the rapid development and on-orbit
deployment of enabling and transformational
technologies required to address emerging requirements,
including with respect to--
(i) delivery of in-space transportation,
logistics and on-orbit servicing capabilities
to enhance the persistence, sensitivity, and
resiliency of national security space missions
in a contested space environment;
(ii) proliferated low-Earth orbit
constellation deployment;
(iii) routine access to extended orbits
beyond geostationary orbits, including cislunar
orbits;
(iv) greater cislunar awareness
capabilities;
(v) payload fairings that exceed current
launch requirements;
(vi) increased responsiveness for heavy
lift capability;
(vii) the ability to transfer orbits,
including point-to-point orbital transfers;
(viii) capacity and capability to execute
secondary deployments;
(ix) high-performance upper stages;
(x) vertical integration; and
(xi) other new missions that are outside
the parameters of the nine design reference
missions that exist as of the date of the
enactment of this Act;
(B) A description of how competing space access,
mobility, and logistics launches could aid in
establishing a new acquisition framework to--
(i) promote the potential for additional
open and sustainable competition for phase
three; and
(ii) re-examine the balance of mission
assurance versus risk tolerance to reflect new
resilient spacecraft architectures and reduce
workload on the Federal Government and industry
to perform mission assurance where appropriate.
(C) An analysis of how the matters under
subparagraphs (A) and (B) may help continue to reduce
the cost per launch of national security payloads.
(D) An examination of the effects to the National
Security Space Launch program if contracted launch
providers cannot meet all phase two requirements,
including with respect to--
(i) the effects to national security launch
resiliency; and
(ii) the cost effects of a launch market
that lacks full competition.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
appendix.
(4) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Director of National Intelligence, shall provide to the
appropriate congressional committees a briefing on the report
under paragraph (1).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(2) The term ``phase three'' means, with respect to the
National Security Space Launch program, launch missions ordered
under the program after fiscal year 2024.
(3) The term ``phase two'' means, with respect to the
National Security Space Launch program, launch missions ordered
under the program during fiscal years 2020 through 2024.
SEC. 1603. CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE FORCE.
(a) Classification Review.--The Chief of Space Operations shall--
(1) not later than 120 days after the date of the enactment
of this Act, conduct a review of each classified program
managed under the authority of the Space Force to determine
whether--
(A) the level of classification of the program
could be changed to a lower level; or
(B) the program could be declassified; and
(2) not later than 90 days after the date on which the
Chief completes such review, commence the change to the
classification level or the declassification as determined in
such review.
(b) Coordination.--The Chief of Space Operations shall carry out
the review under subsection (a)(1) in coordination with the Assistant
Secretary of Defense for Space Policy and, as the Chief determines
appropriate, the heads of other elements of the Department of Defense.
(c) Report.--Not later than 60 days after the date on which the
Chief of Space Operations completes the review under subsection (a)(1),
the Chief, in coordination with the Assistant Secretary of Defense for
Space Policy, shall submit to the congressional defense committees a
report identifying each program managed under the authority of the
Space Force covered by a determination regarding changing the
classification level of the program or declassifying the program,
including--
(1) the timeline for implementing such change or
declassification; and
(2) any risks that exist in implementing such change or
declassification.
SEC. 1604. REPORT ON RANGE OF THE FUTURE INITIATIVE OF THE SPACE FORCE.
(a) Findings.--Congress finds that in a report submitted to
Congress by the Chief of Space Operations, the Chief highlighted a need
for changes to current law to improve installation infrastructure at
the launch ranges of the Space Force, and stated that ``If we fail to
do this effectively our installations will become a limiting factor to
launch capability.''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Chief of Space Operations shall submit to the
congressional defense committees and the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the following:
(1) A detailed plan to carry out the Space Force ``Range of
the Future'' initiative, including the estimated funding
required to implement the plan.
(2) Identification of any specific authorities the Chief
determines need to be modified by law to improve the ability of
the Space Force to address long-term challenges to the physical
infrastructure at the launch ranges of the Space Force to
support government and commercial launch, and an explanation
for why such modified authorities are needed, as well as an
identification of any impacts the proposed authorities could
have on competition in the commercial launch industry.
(3) Any additional proposals that would support improved
infrastructure at the launch ranges of the Space Force and
allow for commercial investment for mutually beneficial
projects, including recommendations for legislative action to
carry out such proposals and an identification of any impacts
the proposed authorities could have on competition in the
commercial launch industry.
SEC. 1605. NORMS OF BEHAVIOR FOR INTERNATIONAL RULES-BASED ORDER IN
SPACE.
(a) Prioritized Objectives.--Not later than 90 days after the date
of the enactment of this Act, the covered officials shall each submit
to the National Space Council a list of prioritized objectives with
respect to establishing norms of behavior to be addressed through
bilateral and multilateral negotiations relating to an international
rules-based order in space, including with respect to events that
create space debris, rendezvous and proximity operations, and other
appropriate matters.
(b) Consolidated List and Framework.--Not later than 45 days after
the date on which the National Space Council has received the list of
prioritized objectives from each covered official under subsection (a),
the Council shall consolidate such prioritized objectives in a single
list. The Secretary of State, in collaboration with other heads of
relevant departments and agencies of the Federal Government, shall use
such consolidated list as a guide to establish a framework for
bilateral and multilateral negotiations described in such subsection.
(c) Submission to Congress.--Not later than seven days after the
date on which the National Space Council consolidates the list of
prioritized objectives under subsection (b) in a single list, the
Council shall submit to the appropriate congressional committees such
consolidated list, disaggregated by the covered official who submitted
each such prioritized objective.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) 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
(C) the Committee on Foreign Relations, the
Committee on Commerce, Science, and Transportation, and
the Select Committee on Intelligence of the Senate.
(2) The term ``covered official'' means each of the
following:
(A) The Under Secretary of Defense for Policy, in
consultation with the Chief of Space Operations, the
Commander of the United States Space Command, and the
Director of the National Geospatial-Intelligence
Agency.
(B) The Assistant Secretary of State for Arms
Control, Verification, and Compliance.
(C) The Administrator of the National Aeronautics
and Space Administration.
(D) The Director of the National Reconnaissance
Office.
SEC. 1606. PROGRAMS OF RECORD OF SPACE FORCE AND COMMERCIAL
CAPABILITIES.
Section 957(c) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 9016 note) is amended by
adding at the end the following new paragraph:
``(5) Programs of record and commercial capabilities.--The
Service Acquisition Executive for Space Systems and Programs
may not establish a program of record for the Space Force
unless the Service Acquisition Executive first--
``(A) determines that there is no commercially
available capability that would meet the threshold
objectives for that proposed program; and
``(B) submits to the congressional defense
committees such determination.''.
SEC. 1607. CLARIFICATION OF DOMESTIC SERVICES AND CAPABILITIES IN
LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.
(a) Domestic Defined.--Section 1612(c) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 441 note) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The term `domestic' includes, with respect to
commercial capabilities or services covered by this section,
capabilities or services provided by companies that operate in
the United States and have active mitigation agreements
pursuant to the National Industrial Security Program.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), including with respect to any requests for
proposals or rules issued pursuant to section 1612 of such Act.
SEC. 1608. NATIONAL SECURITY COUNCIL BRIEFING ON POTENTIAL HARMFUL
INTERFERENCE TO GLOBAL POSITIONING SYSTEM.
(a) Requirement.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
National Security Council, the Secretary of Commerce, and the
Commissioners of the Federal Communications Commission a briefing at
the highest level of classification on the current assessment of the
Department of Defense, as of the date of the briefing, regarding the
potential for harmful interference to the Global Positioning System,
mobile satellite services, or other tactical or strategic systems of
the Department of Defense, from commercial terrestrial operations and
mobile satellite services using the 1525-1559 megahertz band and the
1626.5-1660.5 megahertz band.
(b) Matters Included.--The briefing under subsection (a) shall
include--
(1) potential operational impacts that have been studied
within the megahertz bands specified in such subsection; and
(2) impacts that could be mitigated, if any, including how
such mitigations could be implemented.
(c) Congressional Briefing.--Not later than seven days after the
date on which the Secretary provides the briefing under subsection (a),
the Secretary shall provide to the appropriate congressional committees
such briefing.
(d) Independent Technical Review.--The Secretary shall carry out
subsections (a) an (c) regardless of whether the independent technical
review conducted pursuant to section 1663 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) has been completed.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 1609. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM
FOR MULTIGLOBAL NAVIGATION SATELLITE SYSTEM RECEIVER
DEVELOPMENT.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for the Office of the Secretary of
the Air Force, not more than 80 percent may be obligated or expended
until the date on which the Secretary of Defense--
(1) certifies to the congressional defense committees that
the Secretary of the Air Force is carrying out the program
required under section 1607 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1724); and
(2) provides to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on how the
Secretary is implementing such program, including with respect
to addressing each element specified in subsection (b) of such
section.
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the risks posed by
man-made space debris in low-earth orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incident of such space
debris.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of Representatives;
and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 1610A. NATIONAL SPACE COUNCIL BRIEFING ON THREATS TO UNITED STATES
SPACE SYSTEMS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
National Space Council, the Secretary of Commerce, the Secretary of
Transportation, and the Administrator of the National Aeronautics and
Space Administration a briefing at the highest level of classification
on the current assessment of the Department of Defense, as of the date
of the briefing, regarding safety threats posed to United States
civilian and commercial space systems in space by adversarial foreign
governments and other foreign governments, with a particular emphasis
on threats posed by China's activities in space and debris arising from
any ongoing or future work by China on anti-satellite weapons
technology.
(b) Congressional Briefing.--Not later than 15 days after the date
on which the Secretary of Defense provides the briefing under
subsection (a), the Secretary shall provide such briefing to--
(1) the Committees on Armed Services, Energy and Commerce,
Transportation and Infrastructure, and Science, Space, and
Technology of the House of Representatives; and
(2) the Committees on Armed Services and Commerce, Science,
and Transportation of the Senate.
SEC. 1610B. LEVERAGING COMMERCIAL ON-ORBIT SATELLITE SERVICING.
(a) Findings.--Congress finds the following:
(1) National security depends on reliable access to, and
safe operations in, space. Modern society is reliant on space
operations, but most spacecraft today are designed to be
discarded at end-of-mission, leaving potential gaps in mission
continuity and contributing to risk in the space domain.
(2) Existing and future critical Department of Defense
missions operating in space and providing multidomain support
would benefit from the application of commercial On-orbit
Servicing, Assembly, and Manufacturing (in this section
referred to as ``OSAM'') capabilities, which extend the
longevity and operability of national security space systems
through inspection, repair, refueling, and mitigation of
debris.
(3) Because the domain in which space systems operate is
increasingly congested, the risk of collisions and orbital
debris generation has increased, a risk that is exacerbated by
a lack of utilization of OSAM services. A secure, stable, and
accessible space domain is paramount to the unimpeded and
resilient operations of civil, military, intelligence, and
commercial space assets by the United States and its allies.
OSAM technologies support Department of Defense strategy by
improving the adaptability and efficiency of existing and
future military space architectures.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress strongly encourages the Secretary of Defense
to invest in developing technologies to support the advancement
of debris remediation, such as rendezvous, proximity
operations, and debris removal as an element of OSAM;
(2) because of the importance of the space domain, the
Secretary should seek ways to collaborate with United States
industry partners and allied nations;
(3) beyond technology development, the Secretary and the
intelligence community should consider satellite servicing and
active disposal as a viable operational trade-off--in this way,
in the future, a back-up disposal plan using direct retrieval
should be a preferred and viable method for relevant or off-
nominal missions.
(c) Report.--Not later than December 3, 2021, the Secretary of
Defense, in consultation with the Director of National Intelligence and
the Administrator of the National Aeronautics and Space Administration,
shall submit to the appropriate congressional committees a report
that--
(1) identifies critical investment areas for the further
development and usage of commercial OSAM technologies and
capabilities to meet emerging and changing government space
mission needs on-orbit; and
(2) includes a plan for interagency engagement in the
standardization and adoption of commercial OSAM interfaces for
government space systems.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Science, Space, and Technology and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Commerce, Science, and Transportation
and the Select Committee on Intelligence of the Senate.
SEC. 1610C. REPORT ON SENSING CAPABILITIES OF THE DEPARTMENT OF DEFENSE
TO ASSIST FIGHTING WILDFIRES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Director of National Intelligence and any other head of an agency
or department the Secretary determines appropriate, shall submit to the
appropriate congressional committees a report on the capabilities of
the Department of Defense to assist fighting wildfires through the use
and analysis of satellite and other aerial survey technology.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An examination of the current and future sensing
requirements for the wildfire fighting and analysis community.
(2) Identification of assets of the Department of Defense
and intelligence community that can provide data that is
relevant to the requirements under paragraph (1), including an
examination of such assets that--
(A) are currently available;
(B) are in development; and
(C) have been formally proposed by a department or
agency of the Federal Government, but which have not
yet been approved by Congress.
(3) With respect to the assets identified under paragraph
(2)(A), an examination of how close the data such assets
provide comes to meeting the wildfire management and
suppression community needs.
(4) An identification of the total and breakdown of costs
reimbursed to the Department of Defense during the five-year
period preceding the date of the report for reimbursable
requests for assistance from lead departments or agencies of
the Federal Government responding to natural disasters.
(5) A discussion of issues involved in producing
unclassified products using unclassified and classified assets,
and policy options for Congress regarding that translation,
including by explicitly addressing classification choices that
could ease the application of data from such assets to wildfire
detection and tracking.
(6) Identification of options to address gaps between
requirements and capabilities to be met by additional
solutions, whether from the Department of Defense, the
intelligence community, or from the civil or commercial domain.
(7) A retrospective analysis to determine whether the
existing data could have been used to defend against past
fires.
(8) Options for the Department of Defense to assist the
Department of Agriculture, the Department of the Interior, the
Department of Energy, the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, the National Institute of Standards and
Technology, the National Science Foundation, and State and
local governments in identifying and responding to wildfires.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services, the Committee
on Agriculture, the Committee on Natural Resources, the
Committee on Science, Space, and Technology, and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(B) The Committee on Armed Services, the Committee
on Agriculture, Nutrition, and Forestry, the Committee
on Commerce, Science, and Transportation, the Committee
on Energy and Natural Resources, and the Select
Committee on Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1610D. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS.
(a) Finding.--Congress finds that modern high-throughput non-
geostationary orbit satellite constellations provide robust commercial
satellite communication capabilities that enable current military
operations and facilitate advanced communications networks that would
provide significant quality of life enhancements for deployed personnel
of the Navy.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments and heads of the Defense
Agencies, shall submit to the congressional defense committees a report
on current commercial satellite communication initiatives, particularly
with respect to new non-geostationary orbit satellite technologies, the
Navy has employed to increase satellite communication throughput to
afloat platforms currently constrained by legacy capabilities. The
report shall include the following:
(1) A potential investment strategy concerning how to
operationalize commercial satellite communication capabilities
using non-geostationary orbit satellites across the fleet,
including--
(A) requisite funding required to adequately
prioritize and accelerate the integration of such
capabilities into Navy warfighting systems; and
(B) future-year spending projections for such
efforts that align with other satellite communication
investments of the Department.
(2) An integrated satellite communications reference
architecture roadmap for the Navy to achieve a resilient,
secure network for operationalizing commercial satellite
communication capabilities using non-geostationary orbit
satellites across the Navy that is capable of leveraging multi-
band and multi-orbit architectures, including requirements that
enable maximum use of commercially available technologies.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1611. NOTIFICATION OF CERTAIN THREATS TO UNITED STATES ARMED
FORCES BY FOREIGN GOVERNMENTS.
(a) Determination That Foreign Government Intends to Cause the
Death of or Serious Bodily Injury to Members of the Armed Forces.--The
Secretary of Defense shall carry out the notification requirements
under subsection (b) whenever the Secretary, in consultation with the
Director of National Intelligence, determines with high confidence
that, on or after the date of the enactment of this Act, an official of
a foreign government plans or takes some other substantial step that--
(1) is intended to cause the death of, or serious bodily
injury to, any member of the United States Armed Forces,
whether through direct means or indirect means, including
through a promise or agreement by the foreign government to pay
anything of pecuniary value to an individual or organization in
exchange for causing such death or injury; or
(2) with respect to such a foreign government that the
Secretary of State has determined, for purposes of section
1754(c) of the Export Controls Act of 2018 (50 U.S.C. 4813), is
a government that has repeatedly provided support for acts of
international terrorism, is intended to cause the abduction,
death of, or serious bodily injury to, any citizen or resident
of the United States located in the United States, whether
through direct or such indirect means.
(b) Notice to Congress.--
(1) Notification.--Except as provided in paragraph (3), not
later than 14 days after making a determination under
subsection (a), the Secretary shall notify the congressional
leadership, the congressional intelligence committees and,
consistent with the protection of sources and methods, the
appropriate congressional committees of such determination.
Such notification shall include, at a minimum, the following:
(A) A description of the nature and extent of the
effort by the foreign government to target members of
the United States Armed Forces or citizens or residents
of the United States described in paragraph (2) of such
subsection.
(B) An assessment of what specific officials,
agents, entities, and departments within the foreign
government ordered, authorized, or had knowledge of the
effort.
(C) An assessment of the motivations of the foreign
government for undertaking such an effort.
(D) An assessment of whether the effort of the
foreign government was a substantial factor in the
death or serious bodily injury of any member of the
United States Armed Forces or citizen or resident of
the United States described in paragraph (2) of such
subsection, or the abduction of such a citizen or
resident.
(E) Any other information the Secretary determines
appropriate.
(2) Option for briefing.--Upon the request of a
congressional recipient specified in paragraph (1) after being
notified of a determination under such paragraph, the Secretary
shall provide to the recipient a briefing on the contents of
the notification.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
(c) Definitions.--In this section:
(1) The term ``anything of pecuniary value'' has the
meaning given that term in section 1958(b)(1) of title 18,
United States Code.
(2) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(B) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(3) The terms ``congressional intelligence committees'' and
``intelligence community'' have the meaning given those terms
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
(4) The term ``congressional leadership'' includes the
following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(5) The term ``determines with high confidence''--
(A) means that the official making the
determination--
(i) has concluded that the judgments in the
determination are based on sound analytic
argumentation and high-quality, consistent
reporting from multiple sources, including
through clandestinely obtained documents,
clandestine and open source reporting, and in-
depth expertise;
(ii) with respect to such judgments, has
concluded that the intelligence community has
few intelligence gaps and few assumptions
underlying the analytic line and that the
intelligence community has concluded that the
potential for deception is low; and
(iii) has examined long-standing analytic
judgments and considered alternatives in making
the determination; but
(B) does not mean that the official making the
determination has concluded that the judgments in the
determination are fact or certainty.
(6) The term ``direct means'' means without the use of
intermediaries.
(7) The term ``foreign government'' means the government of
a foreign country with which the United States is at peace.
(8) The term ``indirect means'' means through, or with the
assistance of, intermediaries.
SEC. 1612. STRATEGY AND PLAN TO IMPLEMENT CERTAIN DEFENSE INTELLIGENCE
REFORMS.
(a) Strategy and Plan.--The Secretary of Defense, in coordination
with the Director of National Intelligence, shall develop and implement
a strategy and plan to better support the intelligence priorities of
the commanders of the combatant commands, including with respect to
efforts to counter in the open malign activities of adversaries of the
United States.
(b) Matters Included in Plan.--The plan under subsection (a) shall
include the following:
(1) A plan to adapt policies and procedures to assemble and
release facts about the malign activities of an adversary
described in such subsection in a timely way and in forms that
allow for greater distribution and release.
(2) A plan to develop and publish validated priority
intelligence requirements of the commanders of the combatant
commands.
(3) A plan to elevate open-source intelligence to a
foundational intelligence for strategic intelligence that is
treated on par with information collected from classified means
(for example, human intelligence, signals intelligence, and
geospatial intelligence).
(4) A plan for expanding the use of unclassified
intelligence in order to combat threats from disinformation and
misinformation by foreign adversaries.
(5) A review by each element of the intelligence community
of the approaches used by that element--
(A) with respect to intelligence that has not been
processed or analyzed, to separate out data from the
sources and methods by which the data is obtained
(commonly known as ``tearlining''); and
(B) with respect to finished intelligence products
that relate to malign activities of an adversary
described in subsection (a), to downgrade the
classification level of the product.
(c) Congressional Briefing.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through December
31, 2026, the Secretary and the Director shall jointly provide to the
appropriate congressional committees a briefing on the strategy and
plan under subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives.
(3) The Committee on the Judiciary and the Select Committee
on Intelligence of the Senate.
SEC. 1613. AUTHORITY OF UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND
SECURITY TO ENGAGE IN FUNDRAISING FOR CERTAIN NONPROFIT
ORGANIZATIONS.
Section 422 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Fundraising.--(1) The Under Secretary of Defense for
Intelligence and Security may engage in fundraising in an official
capacity for the benefit of nonprofit organizations that provide
support--
``(A) to surviving dependents of deceased employees of the
Defense Intelligence Enterprise; or
``(B) 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.
``(2) The Under Secretary may delegate the authority under
paragraph (1) to--
``(A) the heads of the components of the Department of
Defense that are elements of the intelligence community;
``(B) the senior intelligence officers of the Armed Forces
and the regional and functional combatant commands;
``(C) the Director for Intelligence of the Joint Chiefs of
Staff; and
``(D) the senior officials of other elements of the
Department of Defense that perform intelligence functions.
``(3) Not later than seven days after the date on which the Under
Secretary or an official specified in paragraph (2) engages in
fundraising pursuant to paragraph (1), or at the time at which the
Under Secretary or an official makes a determination to engage in such
fundraising, the Under Secretary shall notify the appropriate
congressional committees of such fundraising.
``(4) In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the Committees on Armed Services of the House
of Representatives and the Senate; and
``(ii) the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
``(B) The term `Defense Intelligence Enterprise' has the
meaning given that term in section 426(b)(4)(B) of this title.
``(C) The term `fundraising' means the raising of funds
through the active participation in the promotion, production,
or presentation of an event designed to raise funds and does
not include the direct solicitation of money by any other
means.
``(D) The term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1614. EXECUTIVE AGENT FOR EXPLOSIVE ORDNANCE INTELLIGENCE.
(a) In General.--Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 430c. Executive agent for explosive ordnance intelligence
``(a) Designation.--The Secretary of Defense shall designate the
Director of the Defense Intelligence Agency as the executive agent for
explosive ordnance intelligence.
``(b) Definitions.--In this section:
``(1) The term `explosive ordnance intelligence' means
technical intelligence relating to explosive ordnance (as
defined in section 283(d) of this title), including with
respect to the processing, production, dissemination,
integration, exploitation, evaluation, feedback, and analysis
of explosive ordnance using the skills, techniques, principles,
and knowledge of explosive ordnance disposal personnel
regarding fuzing, firing systems, ordnance disassembly, and
development of render safe techniques, procedures and tools,
publications, and applied technologies.
``(2) The term `executive agent' has the meaning given the
term `DoD Executive Agent' in Directive 5101.1.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
430b the following new item:
``430c. Executive agent for explosive ordnance intelligence.''.
(c) Date of Designation.--The Secretary of Defense shall make the
designation under section 430c of title 10, United States Code, as
added by subsection (a), by not later than 30 days after the date of
the enactment of this Act.
SEC. 1615. INCLUSION OF EXPLOSIVE ORDNANCE INTELLIGENCE IN DEFENSE
INTELLIGENCE AGENCY ACTIVITIES.
Section 105 of the National Security Act of 1947 (50 U.S.C. 3038)
is amended--
(1) in subsection (b)(5), by striking ``human intelligence
and'' and inserting ``explosive ordnance intelligence, human
intelligence, and''; and
(2) by adding at the end the following new subsection:
``(e) Explosive Ordnance Intelligence Defined.--In this section,
the term `explosive ordnance intelligence' means technical intelligence
relating to explosive ordnance (as defined in section 283(d) of title
10, United States Code), including with respect to the processing,
production, dissemination, integration, exploitation, evaluation,
feedback, and analysis of explosive ordnance using the skills,
techniques, principles, and knowledge of explosive ordnance disposal
personnel regarding fuzing, firing systems, ordnance disassembly, and
development of render safe techniques, procedures and tools,
publications, and applied technologies.''.
SEC. 1616. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORTS ON
VULNERABILITIES EQUITIES PROCESS.
Section 6720(c) of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(Public Law 116-92; 50 U.S.C. 3316a) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``classified'';
(B) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(E) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to the
Vulnerabilities Equities Process;
``(F) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to the
Vulnerabilities Equities Process known to have been
patched;
``(G) the number of times the Vulnerabilities
Equities Process resulted in a decision to disclose a
vulnerability;
``(H) the number of times the Vulnerabilities
Equities Process resulted in a decision not to disclose
a vulnerability;
``(I) the number of times a decision described in
subparagraph (G) was the result of a unanimous
agreement of the participants in the Vulnerabilities
Equities Process;
``(J) the number of times a decision described in
subparagraph (H) was the result of a unanimous
agreement of the participants in the Vulnerabilities
Equities Process;
``(K) the number of appeals made through the
Vulnerabilities Equities Process by participants in
such process of a preliminary determination to disclose
a vulnerability;
``(L) the number of appeals made through the
Vulnerabilities Equities Process by participants in
such process of a preliminary determination not to
disclose a vulnerability;
``(M) the number of times a preliminary
determination was reversed pursuant to an appeal
described in subparagraph (K); and
``(N) the number of times a preliminary
determination was reversed pursuant to an appeal
described in subparagraph (L).''; and
(2) by amending paragraph (2) to read as follows:
``(2) Form and publication.--
``(A) Form.--Each report submitted under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
``(B) Publication.--The Director shall make
available to the public the unclassified portion of
each report submitted under paragraph (1).''.
Subtitle C--Nuclear Forces
SEC. 1621. EXERCISES OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS
SYSTEM.
(a) Requirement.--Chapter 24 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 499b. Exercises of nuclear command, control, and communications
system
``(a) Required Exercises.--Except as provided by subsection (b),
beginning 2022, the President shall participate in a large-scale
exercise of the nuclear command, control, and communications system
during the first year of each term of the President, and may
participate in such additional exercises as the President determines
appropriate.
``(b) Waiver.--The President may waive, on a case-by-case basis,
the requirement to participate in an exercise under subsection (a) if
the President--
``(1) determines that participating in such an exercise is
infeasible by reason of a war declared by Congress, a national
emergency declared by the President or Congress, a public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d), or other similar exigent circumstance; and
``(2) submits to the congressional defense committees a
notice of the waiver and a description of such
determination.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``499b. Exercises of nuclear command, control, and communications
system.''.
SEC. 1622. INDEPENDENT REVIEW OF NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
(a) Review.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine under which the National Academies shall 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.
(b) Matters Included.--The review under subsection (a) shall
include a review of each of the following:
(1) The plans, policies, and programs described in such
subsection.
(2) The programmatic challenges and risks to the nuclear
command, control, and communications system.
(3) Emerging technologies and how such technologies may be
applied to the next generation of the nuclear command, control,
and communications system.
(4) The security and surety of the nuclear command,
control, and communications system.
(5) Threats to the nuclear command, control, and
communications system that may occur through 2030.
(c) Briefing.--Not later than September 1, 2022, the National
Academies shall provide the congressional defense committees an interim
briefing on the review under subsection (a).
(d) Report.--Not later than March 1, 2023, the National Academies
shall submit to the Secretary and the congressional defense committees
a report containing the review under subsection (a).
SEC. 1623. REVIEW OF SAFETY, SECURITY, AND RELIABILITY OF NUCLEAR
WEAPONS AND RELATED SYSTEMS.
(a) Findings.--Congress finds the following:
(1) On December 20, 1990, Secretary of Defense Cheney
chartered a five-person independent committee known as the
Federal Advisory Committee on Nuclear Failsafe and Risk
Reduction to assess the capability of the nuclear weapon
command and control system to meet the dual requirements of
assurance against unauthorized use of nuclear weapons and
assurance of timely, reliable execution when authorized, and to
identify opportunities for positive measures to enhance
failsafe features.
(2) The Federal Advisory Committee, chaired by Ambassador
Jeane J. Kirkpatrick, recommended changes in the nuclear
enterprise, as well as policy proposals to reduce the risks
posed by unauthorized launches and miscalculation.
(3) The Federal Advisory Committee found, unambiguously,
that ``failsafe and oversight enhancements are possible''.
(4) Since 1990, new threats to the nuclear enterprise have
arisen in the cyber, space, and information warfare domains.
(5) Ensuring the continued assurance of the nuclear
command, control, and communications infrastructure is
essential to the national security of the United States.
(b) Review.--The Secretary of Defense shall provide for the conduct
of an independent review of the safety, security, and reliability of
covered nuclear systems. The Secretary shall ensure that such review is
conducted in a manner similar to the review conducted by the Federal
Advisory Committee on Nuclear Failsafe and Risk Reduction.
(c) Matters Included.--The review conducted pursuant to subsection
(b) shall include the following:
(1) Plans for modernizing the covered nuclear systems,
including options and recommendations for technical,
procedural, and policy measures that could strengthen
safeguards, improve the security and reliability of digital
technologies, and prevent cyber-related and other risks that
could lead to the unauthorized or inadvertent use of nuclear
weapons as the result of an accident, misinterpretation,
miscalculation, terrorism, unexpected technological
breakthrough, or deliberate act.
(2) Options and recommendations for nuclear risk reduction
measures, focusing on confidence building and predictability,
that the United States could carry out alone or with near-peer
adversaries to strengthen safeguards against the unauthorized
or inadvertent use of a nuclear weapon and to reduce nuclear
risks.
(d) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the review conducted pursuant to subsection (b).
(e) Previous Review.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the final report of the Federal Advisory Committee
on Nuclear Failsafe and Risk Reduction.
(f) Covered Nuclear Systems Defined.--In this section, the term
``covered nuclear systems'' means the following systems of the United
States:
(1) The nuclear weapons systems.
(2) The nuclear command, control, and communications
system.
(3) The integrated tactical warning/attack assessment
system.
SEC. 1624. REVIEW OF ENGINEERING AND MANUFACTURING DEVELOPMENT CONTRACT
FOR GROUND-BASED STRATEGIC DETERRENT PROGRAM.
(a) Findings.--Congress finds the following:
(1) In September 2020, the Air Force awarded the
engineering and manufacturing development contract for the
ground-based strategic deterrent program.
(2) The total development cost of the ground-based
strategic deterrent program is expected to be approximately
$100,000,000,000.
(3) The Vice Chairman of the Joint Chiefs of Staff recently
noted that ``we have got to make [the ground-based strategic
deterrent program] more affordable. A three-stage, solid rocket
ICBM should not cost as much as the forecast says it costs for
now. After meeting with the program office at Northrop Grumman
multiple times I think that program can come in significantly
cheaper. It's designed correctly. It's a digital engineering
process that should be able to build things quickly and much
more effectively.''.
(4) The Air Force has placed significant importance on
digital engineering in achieving cost and schedule requirements
with respect to the ground-based strategic deterrent program.
(b) Review.--
(1) Requirement.--The Secretary of the Air Force shall
provide for the conduct of a review of the implementation and
the execution of the engineering and manufacturing development
contract for the ground-based strategic deterrent program.
(2) Matters included.--The review under paragraph (1) shall
include the following:
(A) An analysis of the ability of the Air Force to
implement industry best practices during the
engineering and manufacturing development phase of the
ground-based strategic deterrent program.
(B) A review of the challenges the Air Force faces
in implementing such industry best practices.
(C) A review of the ability of the Air Force to
leverage digital engineering during such engineering
and manufacturing development phase.
(D) A review of any options that may be available
to the Air Force to reduce cost and introduce
competition within the operations and maintenance phase
of the ground-based strategic deterrent program.
(E) Recommendations to improve the cost, schedule,
and program management of the ground-based strategic
deterrent program.
(3) Expertise.--The Secretary shall ensure that the review
under paragraph (1) is conducted by individuals from the public
and private sector, including not fewer than two individuals--
(A) who are not employees or officers of the
Department of Defense or a contractor of the
Department; and
(B) who have experience outside of the defense
industry.
(4) Provision of information.--The Secretary shall provide
to the individuals conducting the review under paragraph (1)
all information necessary for the review.
(5) Security clearances.--The Secretary shall ensure that
each individual who conducts the review under paragraph (1)
holds a security clearance at the appropriate level for such
review.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the review under subsection
(b)(1). The report shall be submitted in unclassified form and shall
include a classified annex.
(d) Briefing.--Not later than 90 days after the date on which the
Secretary submits the report under subsection (c), the Secretary shall
provide to the congressional defense committees a briefing on
implementing the recommendations contained in the review under
subsection (b)(1).
SEC. 1625. LONG-RANGE STANDOFF WEAPON.
(a) Limitation.--The Secretary of the Air Force may not award a
procurement contract for the long-range standoff weapon until the
Secretary submits to the congressional defense committees each of the
following:
(1) An updated cost estimate for the procurement portion of
the long-range standoff weapon program that is--
(A) informed by the engineering and manufacturing
development contract, including with respect to any
completed flight tests; and
(B) independently validated by the Director of Cost
Assessment and Program Evaluation.
(2) A certification that the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, includes, or will include, estimated funding for
the program in the amounts specified in the cost estimate under
paragraph (1).
(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.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide to
the congressional defense committees a briefing on the execution of the
engineering and manufacturing development contract for the long-range
standoff weapon, including with respect to--
(1) how the timely development of the long-range standoff
weapon may serve as a hedge to delays in other nuclear
modernization efforts;
(2) the effects of potential delays in the W80-4 warhead
program on the ability of the long-range standoff weapon to
achieve the initial operational capability schedule under
section 217 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 706), as most
recently amended by section 1668 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1774);
(3) options to adjust the budget profile of the long-range
standoff weapon program to ensure the program remains on
schedule;
(4) a plan to reconcile, with respect to the procurement
portion of the program, the Air Force service cost position and
the estimate by the Director of Cost Assessment and Program
Evaluation; and
(5) a plan to ensure best value to the United States for
such procurement portion.
SEC. 1626. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2022 for the Department of Defense may be
obligated or expended for the following, and the Department may not
otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1627. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF INFORMATION RELATING TO PROPOSED BUDGET FOR NUCLEAR-
ARMED SEA-LAUNCHED CRUISE MISSILE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for the Department of Defense for
travel by any personnel of the Office of the Secretary of the Navy, not
more than 75 percent may be obligated or expended until the Secretary
of the Navy submits to the congressional defense committees all written
communications by personnel of the Department of Defense regarding the
proposed budget amount or limitation for the nuclear-armed sea-launched
cruise missile contained in the defense budget materials (as defined by
section 231(f) of title 10, United States Code) for fiscal year 2022.
SEC. 1628. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF INFORMATION RELATING TO NUCLEAR-ARMED SEA-LAUNCHED
CRUISE MISSILE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for the Department of Defense for
travel by any personnel of the Office of the Secretary of Defense
(other than travel by the Secretary of Defense or the Deputy Secretary
of Defense), not more than 75 percent may be obligated or expended
until the Secretary--
(1) submits to the congressional defense committees the
analysis of alternatives for the nuclear-armed sea-launched
cruise missile; and
(2) provides to such committees a briefing on such analysis
of alternatives.
SEC. 1629. ANNUAL CERTIFICATION ON READINESS OF MINUTEMAN III
INTERCONTINENTAL BALLISTIC MISSILES.
Not later than March 1, 2022, and annually thereafter until the
date on which the ground-based strategic deterrent weapon achieves
initial operating capability, the Chairman of the Joint Chiefs of Staff
shall certify to the congressional defense committees whether the state
of the readiness of Minuteman III intercontinental ballistic missiles
requires placing heavy bombers equipped with nuclear gravity bombs or
air-launched nuclear cruise missiles, and associated refueling tanker
aircraft, on alert status.
SEC. 1630. COST ESTIMATE TO RE-ALERT LONG-RANGE BOMBERS.
(a) Findings.--Congress finds the following:
(1) On April 20th, 2021, before the Committee on Armed
Services of the Senate, the Commander of the United States
Strategic Command, Admiral Charles A. Richard, said that the
basic design criteria in the triad is that ``you cannot allow a
failure of any one leg of the triad to prevent you from being
able to do everything the President has ordered you to do.''.
(2) Admiral Richard further stated that in the event of one
leg atrophying, ``You are completely dependent on the submarine
leg, and I've already told the Secretary of Defense that under
those conditions I would request to re-alert the bombers.''.
(b) Cost Estimate.--The Secretary of the Air Force shall develop a
cost estimate with respect to re-alerting long-range bombers in the
absence of a ground-based leg of the nuclear triad.
SEC. 1631. NOTIFICATION REGARDING INTERCONTINENTAL BALLISTIC MISSILES
OF CHINA.
(a) Requirement.--If the Commander of the United States Strategic
Command determines that the number of intercontinental ballistic
missiles in the active inventory of China exceeds the number of
intercontinental ballistic missiles in the active inventory of the
United States, or that the number of nuclear warheads equipped on such
missiles of China exceeds the number of nuclear warheads equipped on
such missiles of the United States, the Commander shall submit to the
congressional defense committees--
(1) a notification of such determination;
(2) an assessment of the composition of the
intercontinental ballistic missiles of China, including the
types of nuclear warheads equipped on such missiles; and
(3) a strategy for deterring China.
(b) Form.--The notification under paragraph (1) of subsection (a)
shall be submitted in unclassified form, and the assessment and
strategy under paragraphs (2) and (3) of such subsection may be
submitted in classified form.
(c) Termination.--The requirement under subsection (a) shall
terminate on the date that is four years after the date of the
enactment of this Act.
SEC. 1632. INFORMATION REGARDING REVIEW OF MINUTEMAN III SERVICE LIFE
EXTENSION PROGRAM.
(a) Requirement.--The Secretary of Defense shall submit to the
congressional defense committees all scoping documents relating to any
covered review, including the names, titles, and backgrounds of the
individuals of the federally funded research and development center who
are conducting the review. The Secretary shall submit such information
by the date that is the later of the following:
(1) 15 days after the date on which the covered review is
initiated.
(2) 15 days after the date of the enactment of this Act.
(b) Covered Review.--In this section, the term ``covered review''
means any review initiated in 2021 or 2022 by a federally funded
research and development center regarding a service life extension
program for Minuteman III intercontinental ballistic missiles.
SEC. 1633. SENSE OF CONGRESS REGARDING NUCLEAR POSTURE REVIEW.
It is the sense of Congress that the nuclear posture review
initiated in 2021 should address the following:
(1) An assessment of the current and projected nuclear
capabilities of Russia and China;
(2) the role of nuclear forces in United States military
strategy, planning, and programming;
(3) the relationship between deterrence, targeting, and
arms control;
(4) the role of missile defenses, conventional strike
forces, and other capabilities play in determining the role and
size of nuclear forces;
(5) the levels and composition of nuclear delivery systems
required to implement national strategy;
(6) the nuclear weapons complex required to implement such
strategy, including with respect to modernization; and
(7) the active and inactive nuclear weapons stockpile
required to implement such strategy, including with respect to
the replacement and modification of nuclear weapons.
SEC. 1634. REPORT ON GLOBAL NUCLEAR LEADERSHIP OF THE UNITED STATES.
(a) Requirement.--Not later than one year after the date of the
enactment of this Act, the Secretary of Energy, in consultation with
the Secretary of State, the Secretary of Defense, the Chairman of the
Nuclear Regulatory Commission, the Director of National Intelligence,
and the Secretary of Commerce, shall submit to the appropriate
congressional committees a report analyzing--
(1) the opportunities for advancing the interests of the
United States with respect to global nuclear safety, nuclear
security, and nuclear nonproliferation; and
(2) the risks to such interests of the United States, and
the risks to wider foreign policy influence by the United
States, posed by the dominance of Russia in the global nuclear
energy market and the increasing supply by China to such
market.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment of the historical role of civil nuclear
cooperation agreements and supply arrangements made pursuant to
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) in
influencing the policies and practices of foreign governments
concerning nuclear safety, nuclear security, and nuclear
nonproliferation, and the wider foreign policy interests,
including--
(A) a description of possible opportunities for
using nuclear cooperation agreements and related
exports to improve nuclear safety, nuclear security,
and nuclear nonproliferation, and the foreign policy
interests of the United States;
(B) a description of potential risks associated
with such agreements and nuclear exports; and
(C) a description of the potential market for small
and advanced reactor technologies.
(2) An assessment of the competitiveness of the United
States against Russia and China in the global nuclear energy
market, including--
(A) a comparison of nuclear reactor research and
design by Russia and China with analogous research and
design by the United States;
(B) a comparison of the ability of Russia and China
to produce and export nuclear technology with analogous
abilities of the United States;
(C) a description of the factors enabling progress
made by Russia and China regarding civil nuclear
technology;
(D) a comparison of the export policies of the
United States with regard to civil nuclear technology,
including the role, if any, of financial support, with
such policies of Russia and China;
(E) a list of specific reactor designs, including
fuel characteristics, that Russia and China have
offered for export; and
(F) details of any agreements made by Russia or
China for exporting nuclear technology, including the
duration, purchase price, potential profitability, any
provisions regarding spent fuel take back, related
regulatory support, and any other elements that
compromise a competitive offer.
(3) An assessment, if applicable, of the means by which
Russia or China uses foreign-origin dual-use nuclear technology
for military purposes.
(4) Recommendations for regulatory or legislative actions
for developing a robust free-enterprise response designed to
improve the competitiveness of the United States in the global
nuclear energy market.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(3) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Subtitle D--Missile Defense Programs
SEC. 1641. DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND HYPERSONIC
MISSILE DEFENSE.
(a) Findings.--Congress finds the following:
(1) In the fiscal year 2021 budget request of the
Department of Defense, the Secretary of Defense removed all
funding from the Missile Defense Agency to conduct research,
engineering, or development for directed energy technologies
that could be applicable for ballistic and hypersonic missile
defense, and this removal of funding continued in the fiscal
year 2022 budget request of the Department, despite Congress
appropriating funding for fiscal year 2021 for these efforts.
(2) In January 2020, an independent Senior Executive Review
Team noted that ``If successfully developed, the unique
features of diode pumped alkali laser, an efficient
electrically powered, relatively short wavelength gas laser
with the potential to deliver megawatt power with near
diffraction limited beam quality from a single aperture would
provide the Department of Defense and the Missile Defense
Agency with an important strategic technology with the
potential for an attractive size, weight, and power. Such a
system would have potential capability use cases across all
services/agencies.''. However, the Under Secretary of Defense
for Research and Engineering did not support continued
investigation of this promising technology by the Missile
Defense Agency.
(3) In addition to diode pumped alkali lasers, there are
other directed energy applications that have the potential to
contribute to ballistic and hypersonic missile defense
architecture, including microwave and short pulse lasers
technologies.
(b) Sense of Congress.--It is the sense of Congress that the
Director of the Missile Defense Agency should continue to fund
promising directed energy technologies for ballistic and hypersonic
missile defense, in coordination with the directed energy roadmap of
the Under Secretary of Defense for Research and Engineering, with the
intent to transfer technologies to the military departments as
appropriate.
(c) Authority of the Missile Defense Agency.--
(1) Delegation.--The Secretary of Defense shall delegate to
the Director of the Missile Defense Agency the authority to
budget for, direct, and manage directed energy programs
applicable for ballistic and hypersonic missile defense
missions, in coordination with other directed energy efforts of
the Department of Defense.
(2) Prioritization.--In budgeting for and directing
directed energy programs applicable for ballistic and
hypersonic defensive missions pursuant to paragraph (1), the
Director of the Missile Defense Agency shall--
(A) prioritize the early research and development
of technologies; and
(B) address the transition of such technologies to
industry to support future operationally relevant
capabilities.
SEC. 1642. NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION AND
REQUIREMENTS PROCESSES AND RESPONSIBILITIES OF MISSILE
DEFENSE AGENCY.
(a) Notice and Wait.--
(1) Requirement.--The Secretary of Defense may not make any
changes to the missile defense non-standard acquisition and
requirements processes and responsibilities described in
paragraph (2) until the Secretary, without delegation, on or
after the date of the enactment of this Act--
(A) has consulted with the Under Secretary of
Defense for Research and Engineering, the Under
Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Policy, the
Secretaries of the military departments, the Chairman
of the Joint Chiefs of Staff, the Commander of the
United States Strategic Command, the Commander of the
United States Northern Command, and the Director of the
Missile Defense Agency;
(B) certifies to the congressional defense
committees that the Secretary has coordinated the
changes with, and received the views of, the
individuals referred to in subparagraph (A);
(C) submits to the congressional defense committees
a report that contains--
(i) a description of the changes, the
rationale for the changes, and the views of the
individuals referred to in subparagraph (A)
with respect to such changes;
(ii) a certification that the changes will
not impair the missile defense capabilities of
the United States nor degrade the unique
special acquisition authorities of the Missile
Defense Agency; and
(iii) with respect to any such changes to
Department of Defense Directive 5134.09, a
final draft of the proposed modified directive,
both in an electronic format and in a hard copy
format;
(D) with respect to any such changes to Department
of Defense Directive 5134.09, provides to such
committees a briefing on the proposed modified
directive described in subparagraph (C)(ii); and
(E) a period of 120 days has elapsed following the
date on which the Secretary submits the report under
subparagraph (C).
(2) Non-standard acquisition and requirements processes and
responsibilities described.--The non-standard acquisition and
requirements processes and responsibilities described in this
paragraph are such processes and responsibilities described
in--
(A) the memorandum of the Secretary of Defense
titled ``Missile Defense Program Direction'' signed on
January 2, 2002;
(B) Department of Defense Directive 5134.09, as in
effect on the date of the enactment of this Act; and
(C) United States Strategic Command Instruction
538-3 titled ``MD Warfighter Involvement Process''.
(b) Conforming Amendments.--
(1) FY20 ndaa.--Section 1688 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116- 92; 133
Stat. 1787) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
(2) FY21 ndaa.--Section 1641 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116- 283; 134 Stat. 4061) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
SEC. 1643. MISSILE DEFENSE RADAR IN HAWAII.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Hawaii should have discrimination radar coverage
against intercontinental ballistic missiles that is equivalent
to such coverage provided to the contiguous United States and
Alaska once the long range discrimination radar achieves
operational capability at Clear Air Force Base, Alaska; and
(2) to achieve such equivalent discrimination radar
coverage, the Secretary of Defense, acting through the Director
of the Missile Defense Agency, should--
(A) restore the discrimination radar for homeland
defense planned to be located in Hawaii; and
(B) request adequate funding for the radar in the
future-years defense program submitted to Congress
under section 221 of title 10, United States Code, for
the radar to achieve operational capability by not
later than December 31, 2028, when the next generation
interceptor is anticipated to achieve initial operating
capability.
(b) Certification.--As a part of the defense budget materials (as
defined in section 239 of title 10, United States Code) for fiscal year
2023, the Director of the Missile Defense Agency shall certify to the
congressional defense committees that--
(1) the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in 2022
includes adequate amounts of estimated funding to develop,
construct, test, and integrate into the missile defense system
the discrimination radar for homeland defense planned to be
located in Hawaii; and
(2) such radar and associated in-flight interceptor
communications system data terminal will be operational by not
later than December 31, 2028.
SEC. 1644. GUAM INTEGRATED AIR AND MISSILE DEFENSE SYSTEM.
(a) Architecture and Acquisition.--The Secretary of Defense shall
identify the architecture and acquisition approach for implementing a
360-degree integrated air and missile defense capability to defend the
people, infrastructure, and territory of Guam from advanced cruise,
ballistic, and hypersonic missile threats.
(b) Requirements.--The architecture identified under subsection (a)
shall have the ability to--
(1) integrate numerous multi-domain sensors, interceptors,
and command and control systems while maintaining high kill
chain performance against advanced threats;
(2) address robust discrimination and electromagnetic
compatibility with other sensors;
(3) engage directly, or coordinate engagements with other
integrated air and missile defense systems, to defeat the
spectrum of cruise, ballistic, and hypersonic threats;
(4) leverage existing programs of record to expedite the
development and deployment of the architecture during the five-
year period beginning on the date of the enactment of this Act,
with an objective of achieving initial operating capability in
2025, including with respect to--
(A) the Aegis ballistic missile defense system;
(B) standard missile-3 and -6 variants;
(C) the terminal high altitude area defense system;
(D) the Patriot air and missile defense system;
(E) the integrated battle control system; and
(F) the lower tier air and missile defense sensor
and other lower tier capabilities, as applicable;
(5) integrate future systems and interceptors that have the
capability to defeat hypersonic missiles in the glide and
terminal phases, including integration of passive measures to
protect assets in Guam; and
(6) incentivize competition within the acquisition of the
architecture and rapid procurement and deployment wherever
possible.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the architecture and acquisition approach
identified under subsection (a).
SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS UNTIL RECEIPT OF CERTAIN
REPORT ON GUAM.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for the Department of Defense for
the Office of Cost Assessment and Program Evaluation, not more than 75
percent may be obligated or expended until the date on which the
Secretary of Defense submits to the congressional defense committees
the report on the defense of Guam from integrated air and missile
threats required by section 1650 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021(Public Law 116-
283).
SEC. 1646. REPEAL OF TRANSITION OF BALLISTIC MISSILE DEFENSE PROGRAMS
TO MILITARY DEPARTMENTS.
Section 1676 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by
striking subsection (b).
SEC. 1647. CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO TOUR CERTAIN
MISSILE DEFENSE SITES.
(a) Certification.--Before the Secretary of Defense makes a
determination with respect to allowing a foreign national of Russia or
China to tour a covered site, the Secretary shall submit to the
congressional defense committees a certification that--
(1) the Secretary has determined that such tour is in the
national security interest of the United States, including the
justifications for such determination; and
(2) the Secretary will not share any technical data
relating to the covered site with the foreign nationals.
(b) Timing.--The Secretary may not conduct a tour described in
subsection (a) until a period of 45 days has elapsed following the date
on which the Secretary submits the certification for that tour under
such subsection.
(c) Covered Site.--In this section, the term ``covered site'' means
any of the following:
(1) The combat information center of a naval ship equipped
with the Aegis ballistic missile defense system.
(2) An Aegis Ashore site.
(3) A terminal high altitude area defense battery.
(4) A ground-based midcourse defense interceptor silo.
SEC. 1648. SENSE OF CONGRESS ON NEXT GENERATION INTERCEPTOR PROGRAM.
It is the sense of Congress that--
(1) in accordance with the national missile defense policy
under section 1681 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114- 328; 10 U.S.C. 2431
note), it is in the national security interest of the United
States to design, test, and begin deployment of the next
generation interceptor by not later than September 30, 2028;
and
(2) the Secretary of Defense should--
(A) maintain competition for the next generation
interceptor program through, at a minimum, the critical
design reviews of the program;
(B) uphold ``fly before you buy'' principals in
carrying out such program;
(C) continue to incorporate lessons learned from
the redesigned kill vehicle program to avoid any
similar technical issues; and
(D) continue to maintain continuous engagement with
the intelligence community to ensure the next
generation interceptor program is outpacing
intercontinental ballistic missile threats to the
homeland of the United States posed by rogue nations.
SEC. 1649. STUDIES BY PRIVATE SCIENTIFIC ADVISORY GROUP KNOWN AS JASON.
(a) Study on Discrimination Capabilities of the Ballistic Missile
Defense System.--
(1) Findings.--Congress finds the following:
(A) Section 237 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2236) required the Secretary of Defense
to enter into an arrangement with the private
scientific advisory group known as JASON under which
JASON carried out a study on the discrimination
capabilities and limitations of the ballistic missile
defense system of the United States.
(B) Since the completion of this study, rogue
nation threats have changed and capabilities of the
missile defense system have evolved.
(2) Update.--The Secretary of Defense shall enter into an
arrangement with the private scientific advisory group known as
JASON under which JASON shall carry out an update to the study
conducted pursuant to section 237 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2236) on the discrimination capabilities and limitations
of the missile defense system of the United States, including
such discrimination capabilities that exist or are planned as
of the date of the study.
(3) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
study.
(4) Form.--The report under paragraph (2) may be submitted
in classified form, but shall contain an unclassified summary.
(b) Report on JASON.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense committees a
report on the private scientific advisory group known as JASON. The
report shall include the following:
(1) The status of the contract awarded by the Secretary of
Defense to JASON.
(2) Identification of the studies undertaken by JASON
during the two fiscal years occurring before the date of the
report.
(3) The level of funding required to ensure the continued
ability of JASON to provide high-quality technical,
scientifically informed advice to the Department of Defense and
the broader United States Government.
(4) Whether the Under Secretary is committed to ensuring
adequate funding and continued departmental support for JASON.
(5) Any impediments encountered by the Under Secretary in
continuing to contract with JASON.
SEC. 1650. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE AGENCY.
Not later than 60 days after the date of the enactment of this Act,
the Director of the Missile Defense Agency shall submit to the
congressional defense committees a report detailing the following:
(1) The responsibilities of the positions of the Director,
Sea-based Weapons Systems, and the Deputy Director of the
Missile Defense Agency.
(2) The role of the officials who occupy these positions
with respect to the functional combatant commands with missile
defense requirements.
(3) The rationale and benefit of having an official in
these positions who is a general officer or flag officer versus
a civilian.
SEC. 1650A. SENSE OF CONGRESS ON AEGIS ASHORE SITES IN POLAND AND
ROMANIA.
It is the sense of Congress that--
(1) both Poland and Romania, which host Aegis Ashore sites
of the United States, are vital allies of the United States;
(2) the contributions provided by these Aegis Ashore sites
help ensure the defenses of Poland, Romania, the United States,
and the member states of the North Atlantic Treaty
Organization; and
(3) it is vital that the construction of the Aegis Ashore
site in Redzikowo, Poland, is completed and brought online at
the earliest possible date.
Subtitle E--Other Matters
SEC. 1651. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $344,849,000 authorized to be
appropriated to the Department of Defense for fiscal year 2022 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $2,997,000.
(2) For chemical security and elimination, $13,250,000.
(3) For global nuclear security, $17,767,000.
(4) For biological threat reduction, $124,022,000.
(5) For proliferation prevention, $58,754,000.
(6) For activities designated as Other Program Support,
$23,059,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2022, 2023, and 2024.
SEC. 1652. ESTABLISHMENT OF OFFICE TO ADDRESS UNIDENTIFIED AERIAL
PHENOMENA.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of National Intelligence, shall establish an office within
the Office of the Secretary of Defense to carry out, on a Department-
wide basis, the mission currently performed by the Unidentified Aerial
Phenomenon Task Force as of the date of the enactment of this Act.
(b) Duties.--The duties of the office established under subsection
(a) shall include the following:
(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents regarding
unidentified aerial phenomena across the Department of Defense.
(2) Developing processes and procedures to ensure that such
incidents from each military department are reported and
incorporated in a centralized repository.
(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
(4) Evaluating links between unidentified aerial phenomena
and adversarial foreign governments, other foreign governments,
or nonstate actors.
(5) Evaluating the threat that such incidents present to
the United States.
(6) Coordinating with other departments and agencies of the
Federal Government, as appropriate.
(7) Coordinating with allies and partners of the United
States, as appropriate, to better assess the nature and extent
of unidentified aerial phenomena.
(c) Annual Report.--
(1) Requirement.--Not later than December 31, 2022, and
annually thereafter until December 31, 2026, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on unidentified aerial phenomena.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by the report, the
following information:
(A) An analysis of data and intelligence received
through reports of unidentified aerial phenomena.
(B) An analysis of data relating to unidentified
aerial phenomena collected through--
(i) geospatial intelligence;
(ii) signals intelligence;
(iii) human intelligence; and
(iv) measurement and signals intelligence.
(C) The number of reported incidents of
unidentified aerial phenomena over restricted air space
of the United States.
(D) An analysis of such incidents identified under
subparagraph (C).
(E) Identification of potential aerospace or other
threats posed by unidentified aerial phenomena to the
national security of the United States.
(F) An assessment of any activity regarding
unidentified aerial phenomena that can be attributed to
one or more adversarial foreign governments.
(G) Identification of any incidents or patterns
regarding unidentified aerial phenomena that indicate a
potential adversarial foreign government may have
achieved a breakthrough aerospace capability.
(H) An update on the coordination by the United
States with allies and partners on efforts to track,
understand, and address unidentified aerial phenomena.
(I) An update on any efforts underway on the
ability to capture or exploit discovered unidentified
aerial phenomena.
(J) An assessment of any health-related effects for
individuals that have encountered unidentified aerial
phenomena.
(d) Task Force.--Not later than the date on which the Secretary
establishes the office under subsection (a), the Secretary shall
terminate the Unidentified Aerial Phenomenon Task Force.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(B) The Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(2) The term ``unidentified aerial phenomena'' means
airborne objects witnessed by a pilot or aircrew member that
are not immediately identifiable.
SEC. 1653. MATTERS REGARDING INTEGRATED DETERRENCE REVIEW.
(a) Reports.--Not later than 30 days after the date on which the
Integrated Deterrence Review that commenced during 2021 is submitted to
the congressional defense committees, the Secretary of Defense shall
submit to the congressional defense committees the following:
(1) Each report, assessment, and guidance document produced
by the Department of Defense pursuant to the Integrated
Deterrence Review or during subsequent actions taken to
implement the conclusions of the Integrated Deterrence Review,
including with respect to each covered review.
(2) A report explaining how each such covered review
differs from the previous such review.
(b) Certifications.--Not later than 30 days after the date on which
a covered review is submitted to the congressional defense committees,
the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the
Joint Chiefs of Staff, and the Commander of the United States Strategic
Command shall each directly submit to such committees--
(1) a certification regarding whether the Chairman, Vice
Chairman, or Commander, as the case may be, had the opportunity
to provide input into the covered review; and
(2) a description of the degree to which the covered
reviews differ from the military advice contained in such input
(or, if there was no opportunity to provide such input, would
have been contained in the input if so provided).
(c) Covered Review Defined.--In this section, the term ``covered
review'' means--
(1) the Missile Defense Review that commenced during 2021;
and
(2) the Nuclear Posture Review that commenced during 2021.
SEC. 1654. SENSE OF CONGRESS ON INDEMNIFICATION AND THE CONVENTIONAL
PROMPT GLOBAL STRIKE WEAPON SYSTEM.
It is the sense of Congress that--
(1) the conventional prompt global strike weapon system of
the Navy, for which the Secretary of the Navy has declined to
provide indemnification, will have more than twice the TNT
equivalent of the bomb used in the 1993 World Trade Center
bombing that resulted in many casualties and more than
$3,300,000,000 in insurance claims in 2021 dollars--an amount
that is $1,100,000,000 greater than the insurance limits
currently available from private insurance underwriters;
(2) the term ``unusually hazardous'' used in Executive
Order 10789, as amended, pursuant to public Law 85-804 (50
U.S.C. 1431 et seq.) should be objectively and consistently
applied to weapons systems and programs whose physical
properties inherently possess substantial explosive energy
whose misapplication or accidental ignition could result in
catastrophic material destruction and human injuries and
deaths;
(3) an inconsistent and arbitrary application of such
Executive Order and law may create significant risk for the
industrial base and loss of critical defense capabilities; and
(4) the Secretary of the Navy should--
(A) take maximum practicable advantage of existing
statutory authority to provide indemnification for
large rocket programs employing ``unusually hazardous''
propulsion systems for both nuclear and non-nuclear
strategic systems; and
(B) develop a policy for more consistently applying
such authority.
SEC. 1655. DECLASSIFICATION REVIEW RELATING TO TESTS IN THE MARSHALL
ISLANDS.
(a) Requirement.--The Secretary of Defense, in coordination with
the Secretary of Energy, shall conduct a declassification review of
documents relating to nuclear, ballistic missile, or chemical weapons
tests conducted by the United States in the Marshall Islands, including
with respect to cleanup activities and the storage of waste relating to
such tests.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Energy, shall--
(1) make publicly available any information declassified as
a result of the declassification review required under
subsection (a); and
(2) submit to the congressional defense committees a report
containing--
(A) the results of the declassification review
conducted under such subsection; and
(B) a justification for not declassifying any
information required to be included in the
declassification review that remains classified.
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
SEC. 1701. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS RELATED TO
THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION
STATUTES.
(a) Applicability; Definitions.--
(1) Applicability.--The amendments made by this section to
title XVIII of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
shall apply as if included in such Act as enacted.
(2) Definitions.--In this section, the terms ``FY2021
NDAA'' and ``such Act'' mean the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283).
(b) Technical Corrections to Title XVIII of FY2021 NDAA.--Title
XVIII of the FY2021 NDAA is amended as follows:
(1) Section 1806(a) is amended in paragraph (4) by striking
``Transfer'' and all that follows through ``and amended'' and
inserting the following: ``Restatement of section 2545(1).--
Section 3001 of such title, as added by paragraph (1), is
further amended by inserting after subsection (b), as
transferred and redesignated by paragraph (3), a new subsection
(c) having the text of paragraph (1) of section 2545 of such
title, as in effect on the day before the date of the enactment
of this Act, revised''.
(2) Section 1807 is amended--
(A) in subsection (c)(3)(A)--
(i) by striking the semicolon and close
quotation marks at the end of clause (i) and
inserting close quotation marks and a
semicolon; and
(ii) by striking ``by any'' in the matter
to be inserted by clause (ii); and
(B) in subsection (e)--
(i) by striking ``of this title'' in the
matter to be inserted by paragraph (2)(B); and
(ii) by striking ``Sections'' in the quoted
matter before the period at the end of
paragraph (3) and inserting ``For purposes
of''.
(3) Section 1809(e) is amended by striking subparagraph (B)
of paragraph (2) (including the amendment made by that
subparagraph).
(4) Section 1811 is amended--
(A) in subsection (c)(2)(B), by striking the comma
before the close quotation marks in both the matter to
be stricken and the matter to be inserted;
(B) in subsection (d)(3)(B)--
(i) by striking the dash after
``mobilization'' in the matter to be inserted
by clause (ii) and inserting a semicolon; and
(ii) by striking the dash after ``center''
in the matter to be inserted by clause (iv) and
inserting ``; or'';
(C) in subsection (d)(4)(D), by striking ``this''
in the matter to be stricken by clause (ii) and
inserting ``This'';
(D) in subsection (d)(5)(A), by striking
``Sources.--The'' and inserting ``Sources.--'' before
``The'';
(E) in subsection (d)(6)(A), in the matter to be
inserted--
(i) by striking the close quotation marks
after ``Procedures.--''; and
(ii) by striking the comma after ``(7)'';
and
(F) in subparagraphs (C)(ii) and (E)(ii) of
subsection (e)(3), by striking ``and (ii)'' each place
it appears and inserting ``and (iii)''.
(5) Section 1813 is amended in subsection (c)(1)(D) by
inserting ``and inserting'' after the first closing quotation
marks.
(6) Section 1816(c)(5) is amended--
(A) in subparagraph (C)--
(i) by striking ``the second sentence'' and
inserting ``the second and third sentences'';
and
(ii) by striking ``subsection (d)'' and
inserting ``subsections (d) and (e),
respectively''; and
(B) by striking subparagraph (G) and inserting the
following:
``(G) in subsection (d), as so designated, by
inserting `Notice of Award.--' before `The head of';
and
``(H) in subsection (e), as so designated, by
striking `This subparagraph does not' and inserting
`Exception for Perishable Subsistence Items.--
Subsections (c) and (d) do not'.''.
(7) Section 1818 is amended by striking the close quotation
marks and second period at the end of subsection (b).
(8) Section 1820 is amended in subsection (c)(3)(A) by
striking ``section'' in the matter to be deleted.
(9) Section 1833(o)(2) is amended by striking ``Section''
and ``as section'' and inserting ``Sections'' and ``as
sections'', respectively.
(10) Section 1834(h)(2) is amended by striking ``section
3801(1)'' in the matter to be inserted and inserting ``section
3801(a)''.
(11) Section 1845(c)(2) is amended by striking ``section''
in the matter to be stricken and inserting ``sections''.
(12) Section 1856(h) is amended by striking ``subsection
(d)'' and inserting ``subsection (g)''.
(13) Section 1862(c)(2) is amended by striking ``section
4657'' and inserting ``section 4658''.
(14) Section 1866(d) is amended by striking ``4817'' in the
matter to be inserted by paragraph (4)(A)(ii) and inserting
``4818''.
SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS RELATED TO
THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION
STATUTES.
(a) Amendments to Title 10, United States Code.--Title 10, United
States Code, is amended as follows:
(1) Section 171a(i)(3) is amended by striking ``2366a(d)''
and inserting ``4251(d)''.
(2) Section 181(b)(6) is amended by striking ``sections
2366a(b), 2366b(a)(4),'' and inserting ``sections 4251(b),
4252(a)(4),''.
(3) Section 1734(c)(2) is amended by striking ``section
2435(a)'' and inserting ``section 4214(a)''.
(b) Amendments to Laws Classified as Notes in Title 10, United
States Code.--
(1) Section 801(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2302
note) is amended by striking ``section 2545'' and inserting
``section 3001''.
(2) Section 323(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2463 note) is amended by striking ``section 235, 2330a,
or 2463'' and inserting ``section 2463, 3137, or 4505''.
(3) Section 8065 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 10 U.S.C. 2540
note), is amended--
(A) by striking ``subchapter VI of chapter 148''
both places it appears and inserting ``subchapter I of
chapter 389''; and
(B) by striking ``section 2540c(d)'' and inserting
``section 4974(d)''.
(c) Amendments to Laws Classified in Title 6, United States Code
(homeland Security).--
(1) Section 831(a) of the Homeland Security Act of 2002 (6
U.S.C. 391(a)) is amended--
(A) in paragraph (1), by striking ``section 2371''
and inserting ``section 4002''; and
(B) in paragraph (2)--
(i) by striking ``section 845 of the
National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160)'' in the first
sentence and inserting ``section 4003 of title
10, United States Code''; and
(ii) by striking ``845'' in the second
sentence.
(2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended
by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) Section 134 of title 41, United States Code.
``(2) Section 153 of title 41, United States Code.
``(3) Section 3015 of title 10, United States Code.''.
(3) Section 855 of such Act (6 U.S.C. 425) is amended--
(A) in subsection (a)(2), by striking subparagraphs
(A), (B), and (C) and inserting the following:
``(A) Sections 1901 and 1906 of title 41, United
States Code.
``(B) Section 3205 of title 10, United States Code.
``(C) Section 3305 of title 41, United States
Code.''; and
(B) in subsection (b)(1), by striking ``provided
in'' and all that follows through ``shall not'' and
inserting ``provided in section 1901(a)(2) of title 41,
United States Code, section 3205(a)(2) of title 10,
United States Code, and section 3305(a)(2) of title 41,
United States Code, shall not''.
(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended
by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) Federal property and administrative services act of
1949.--In division C of subtitle I of title 41, United States
Code:
``(A) Paragraphs (1), (2), (6), and (7) of
subsection (a) of section 3304 of such title, relating
to use of procedures other than competitive procedures
under certain circumstances (subject to subsection (d)
of such section).
``(B) Section 4106 of such title, relating to
orders under task and delivery order contracts.
``(2) Title 10, united states code.--In part V of subtitle
A of title 10, United States Code:
``(A) Paragraphs (1), (2), (6), and (7) of
subsection (a) of section 3204, relating to use of
procedures other than competitive procedures under
certain circumstances (subject to subsection (d) of
such section).
``(B) Section 3406, relating to orders under task
and delivery order contracts.
``(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41,
United Sates Code, relating to inapplicability of a requirement
for procurement notice.''.
(5) Section 604(f) of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by
striking ``section 2304(g)'' and inserting ``section 3205''.
(d) Amendments to Title 14, United States Code (coast Guard).--
Title 14, United States Code, is amended as follows:
(1) Section 308(c)(10)(B)(ii) is amended by striking
``section 2547(c)(1)'' and inserting ``section 3104(c)(1)''.
(2) Section 1137(b)(4) is amended by striking ``section
2306b'' and inserting ``subchapter I of chapter 249''.
(3) Section 1906(b)(2) is amended by striking ``chapter
137'' and inserting ``sections 3201 through 3205''.
(e) Amendments to Laws Classified in Title 15, United States Code
(commerce).--
(1) Section 14(a) of the Metric Conversion Act of 1975 (15
U.S.C. 205l(a)) is amended--
(A) in the first sentence, by striking ``set forth
in chapter 137'' and all that follows through ``et
seq.),'' and inserting ``set forth in the provisions of
title 10, United States Code, referred to in section
3016 of such title as `chapter 137 legacy provisions',
section 3453 of such title, division C (except sections
3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41, United States Code,'';
(B) in the second sentence, by striking ``under
section 2377(c)'' and all that follows through the
period and inserting ``under section 3453(c) of title
10, United States Code, and section 3307(d) of title
41, United States Code.''; and
(C) in the third sentence, by striking ``section
2377'' and all that follows through ``shall take'' and
inserting ``section 4324 of title 10, United Sates
Code, or section 3307(b) to (d) of title 41, United
States Code, then the provisions of such sections 4324
or 3307(b) to (d) shall take''.
(2) Section 8 of the Small Business Act (15 U.S.C. 637) is
amended--
(A) in subsection (g)(2), by striking ``section
2304(c)'' and inserting ``section 3204(a)''; and
(B) in subsection (h)--
(i) in paragraph (1)(B), by striking
``chapter 137'' and inserting ``section 3201
through 3205''; and
(ii) in paragraph (2), by striking
``section 2304(f)(2)'' and ``section
2304(f)(1)'', and inserting ``paragraphs (3)
and (4) of section 3204(e)'' and ``section
3204(e)(1)'', respectively.
(3) Section 9 of the Small Business Act (15 U.S.C. 638) is
amended in subsection (r)(4)(A) by striking ``section 2304''
and inserting ``sections 3201 through 3205''.
(4) Section 884(a)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 15 U.S.C. 638
note) is amended by striking ``section 2500'' and inserting
``section 4801''.
(5) Section 15 of the Small Business Act (15 U.S.C. 644) is
amended--
(A) in subsection (k)--
(i) in paragraph (17)(B), by striking
``section 2318'' and inserting ``section
3249'';
(ii) in paragraph (17)(C), by striking
``chapter 142'' and inserting ``chapter 388'';
and
(iii) in paragraph (18), by striking
``section 2784'' and inserting ``section
4754'';
(B) in subsection (r)(2), by striking ``section
2304c(b)'' and inserting ``section 3406(c)''; and
(C) in subsections (u) and (v), by striking
``chapter 142'' and inserting ``chapter 388''.
(6) Section 16 of the Small Business Act (15 U.S.C. 645) is
amended in subsection (d)(3) by striking ``chapter 142'' and
inserting ``chapter 388''.
(7) Section 272 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 15 U.S.C.
4602) is amended in subsection (c) by striking ``section
2306a'' and inserting ``chapter 271''.
(f) Amendments to Titles 32, United States Code (national Guard)
and 37, United States Code (pay and Allowances).--
(1) Section 113 of title 32, United States Code, is amended
in subsection (b)(1)(B) by striking ``section 2304(c)'' and
inserting ``section 3204(a)''.
(2) Section 418 of title 37, United States Code, is amended
in subsection (d)(2)(A)--
(A) by striking ``section 2533a'' and inserting
``section 4862''; and
(B) by striking ``chapter 137 of title 10'' and
inserting ``chapter 137 legacy provisions (as such term
is defined in section 3016 of title 10)''.
(g) Amendments to Title 40, United States Code (public
Buildings).--Title 40, United States Code, is amended as follows:
(1) Section 113(e) is amended--
(A) in paragraph (3)--
(i) by striking ``chapter 137'' and
inserting ``section 3063''; and
(ii) by striking ``that chapter;'' and
inserting ``the provisions of that title
referred to in section 3016 of such title as
`chapter 137 legacy provisions';''; and
(B) in paragraph (5), by striking ``section 2535''
and inserting ``section 4881''.
(2) Section 581(f)(1)(A) is amended by striking ``section
2535'' and inserting ``section 4881''.
(h) Amendments to Title 41, United States Code (public
Contracts).--Title 41, United States Code, is amended as follows:
(1) Section 1127(b) is amended by striking ``section
2324(e)(1)(P)'' and inserting ``section 3744(a)(16)''.
(2) Section 1303(a)(1) is amended by striking ``chapters 4
and 137 of title 10'' and inserting ``chapter 4 of title 10,
chapter 137 legacy provisions (as such term is defined in
section 3016 of title 10)''.
(3) Section 1502(b)(1)(B) is amended by striking ``section
2306a(a)(1)(A)(i)'' and inserting ``section 3702(a)(1)(A)''.
(4) Section 1708(b)(2)(A) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(5) Section 1712(b)(2)(B) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(6) Section 1901(e)(2) is amended by striking ``section
2304(f)'' and inserting ``section 3204(e)''.
(7) Section 1903 is amended--
(A) in subsection (b)(3), by striking ``section
2304(g)(1)(B)'' and inserting ``section 3205(a)(2)'';
and
(B) in subsection (c)(2)(B), by striking ``section
2306a'' and inserting ``chapter 271''.
(8) Section 1907(a)(3)(B)(ii) is amended by striking
``section 2305(e) and (f)'' and inserting ``section 3308''.
(9) Section 1909(e) is amended by striking ``section 2784''
and inserting ``section 4754''.
(10) Section 2101(2)(A) is amended by striking ``section
2306a(h)'' and inserting ``section 3701''.
(11) Section 2311 is amended by striking ``section 2371''
and inserting ``section 4002''.
(12) Section 3302 is amended--
(A) in subsection (a)(3)--
(i) in subparagraph (A), by striking
``section 2302(2)(C)'' and inserting ``section
3012(3)''; and
(ii) in subparagraph (B), by striking
``sections 2304a to 2304d of title 10,'' and
inserting ``chapter 245 of title 10'';
(B) in subsection (c)(1)(A)(i), by striking
``section 2304c(b)'' and inserting ``section 3406(c)'';
and
(C) in subsection (d)(1)(B), by striking ``section
2304(f)(1)'' and inserting ``section 3204(e)(1)''.
(13) Section 3307(e)(1) is amended by striking ``chapter
140'' and inserting ``chapter 247''.
(14) Section 4104 is amended--
(A) in subsection (a), by striking ``sections 2304a
to 2304d'' and inserting ``chapter 245''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking
``sections 2304a to 2304d'' and inserting
``chapter 245'';
(ii) in paragraph (2)(B), by striking
``section 2304c(b)'' and inserting ``section
3406(c)''; and
(iii) in paragraph (2)(C), by striking
``section 2304c(c)'' and inserting ``section
3406(e)''.
(i) Amendments to Laws Classified as Notes in Title 41, United
States Code.--
(1) Section 555 of the FAA Reauthorization Act of 2018
(Public Law 115-254; 41 U.S.C. preceding 3101 note) is amended
by striking ``section 2305'' in subsections (a)(4) and (c)(1)
and inserting ``sections 3206 through 3208 and sections 3301
through 3309''.
(2) Section 846(f)(5) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901
note) is amended by striking ``section 2304'' and inserting
``sections 3201 through 3205''.
(3) Section 811 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 41 U.S.C. 3304 note)
is amended--
(A) in subsection (a)(3), by striking ``sections
2304(f)(1)(C) and 2304(l)'' and inserting ``sections
3204(e)(1)(C) and 3204(g)''; and
(B) in subsection (c)--
(i) in paragraph (1)(A), by striking
``section 2304(f)(2)(D)(ii)'' and inserting
``section 3204(e)(4)(D)(ii)'';
(ii) in paragraph (2)(A), by striking
``section 2302(1)'' and inserting ``section
3004''; and
(iii) in paragraph (3)(A), by striking
``section 2304(f)(1)(B)'' and inserting
``section 3204(e)(1)(B)''.
(j) Amendments to Laws Classified in Title 42, United States
Code.--
(1) The Public Health Service Act (Public Law 78-410) is
amended--
(A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by
striking ``sections 2353 and 2354'' and inserting
``sections 3861 and 4141''; and
(B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by
striking ``section 2354'' and inserting ``section
3861''.
(2) Section 403(a) of the Housing Amendments of 1955 (42
U.S.C. 1594(a)) is amended by striking ``section 3 of the Armed
Services Procurement Act of 1947'' and inserting ``chapters 221
and 241 of title 10, United States Code''.
(3) Title II of the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1986
(Public Law 99-160), is amended by striking ``section 2354'' in
the last proviso in the paragraph under the heading ``National
Science Foundation -- Research and Related Activities'' (42
U.S.C. 1887) and inserting ``section 3861''.
(4) Section 306(b)(2) of the Disaster Mitigation Act of
2000 (42 U.S.C. 5206(b)(2)) is amended by striking ``section
2393(c)'' and inserting ``section 4654(c)''.
(5) Section 801(c)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8287) is amended by striking ``section
2304c(d)'' and all that follows and inserting ``section 3406(d)
of title 10, United States Code, and section 4106(d) of title
41, United States Code.''.
(6) Section 3021(a) of the Energy Policy Act of 1992 (42
U.S.C. 13556) is amended by striking ``chapter 137 of title
10'' and inserting ``chapter 137 legacy provisions (as such
term is defined in section 3016 of title 10, United States
Code)''.
(k) Amendments to Laws Classified in Title 50, United States
Code.--
(1) Section 141(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 50
U.S.C. 1521a(a)) is amended by striking ``section 2430'' and
inserting ``section 4201''.
(2) Section 502(a) of the National Emergencies Act (50
U.S.C. 1651(a)) is amended by striking paragraphs (1) through
(5) and inserting the following:
``(1) Chapters 1 to 11 of title 40, United States Code, and
division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41, United States Code.
``(2) Section 3727(a)-(e)(1) of title 31, United States
Code.
``(3) Section 6305 of title 41, United States Code.
``(4) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat.
972; 50 U.S.C. 1431 et seq.).
``(5) Section 3201(a) of title 10, United States Code.''.
(3) The Atomic Energy Defense Act is amended as follows:
(A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577)
are each amended in subsection (a)(2) by striking
``section 2432'' and inserting ``chapter 324''.
(B) Section 4813 (50 U.S.C. 2794) is amended by
striking ``section 2500'' in subsection (c)(1)(C) and
inserting ``section 4801''.
(4) Section 107 of the Defense Production Act (50 U.S.C.
4517) is amended in subsection (b)(2)(B) by striking clauses
(i) and (ii) and inserting the following:
``(i) section 3203(a)(1)(B) or 3204(a)(3)
of title 10, United States Code;
``(ii) section 3303(a)(1)(B) or 3304(a)(3)
of title 41, United States Code; or''.
(l) Other Amendments.--
(1) Section 1473H of the National Agriculture Advanced
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319k) is amended by striking ``section 2371'' in subsections
(b)(6)(A) and (d)(1)(B) and inserting ``section 4002''.
(2) Section 1301 of title 17, United States Code, is
amended in subsection (a)(3) by striking ``section 2320'' and
inserting ``subchapter I of chapter 275''.
(3) Section 21 of the Arms Export Control Act (22 U.S.C.
2761) is amended by striking ``chapter 137'' in subsection
(l)(4) and subsection (m)(4) and inserting ``chapter 137 legacy
provisions (as such term is defined in section 3016 of title
10, United States Code)''.
(4) Section 3 of the Foreign Direct Investment and
International Financial Data Improvements Act of 1990 (Public
Law 101-533; 22 U.S.C. 3142) is amended in subsection (c)(2) by
striking ``section 2505'' and inserting ``section 4816''.
(5) Section 3553 of title 31, United States Code, is
amended in subsection (d)(4)(B) by striking ``section
2305(b)(5)(B)(vii)'' and inserting ``section 3304(c)(7)''.
(6) Section 226 of the Water Resources Development Act of
1992 (33 U.S.C. 569f) is amended by striking ``section
2393(c)'' and inserting ``section 4654(c)''.
(7) Section 40728B(e) of title 36, United States Code, is
amended--
(A) striking ``subsection (k) of section 2304'' and
inserting ``section 3201(e)''; and
(B) by striking ``subsection (c) of such section''
and inserting ``section 3204(a)''.
(8) Section 1427(b) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 40 U.S.C. 1103
note) is amended by striking ``sections 2304a and 2304b'' and
inserting ``sections 3403 and 3405''.
(9) Section 895(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 40 U.S.C. 11103
note) is amended by striking ``section 2366a(d)(7)'' and
inserting ``section 4251(d)(5)''.
(10) Sections 50113(c), 50115(b), and 50132(a) of title 51,
United States Code, are amended by striking ``including
chapters 137 and 140'' and inserting ``including applicable
provisions of chapters 201 through 285, 341 through 343, and
363''.
(11) Section 823(c)(3)(C) of the National Aeronautics and
Space Administration Transition Authorization Act of 2017
(Public Law 115-10; 51 U.S.C. preceding 30301 note) is amended
by striking ``section 2319'' and inserting ``section 3243''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as the
``Military Construction Authorization Act for Fiscal Year 2022''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later of--
(1) October 1, 2021; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot........................... $25,000,000
Fort Rucker................................... $66,000,000
Redstone Arsenal.............................. $55,000,000
California..................................... Fort Irwin.................................... $52,000,000
Georgia........................................ Fort Stewart.................................. $100,000,000
Hawaii......................................... West Loch Naval Magazine Annex................ $51,000,000
Kansas......................................... Fort Leavenworth.............................. $34,000,000
Kentucky....................................... Fort Knox..................................... $27,000,000
Louisiana...................................... Fort Polk..................................... $111,000,000
Maryland....................................... Fort Detrick.................................. $23,981,000
Fort Meade.................................... $81,000,000
New Jersey..................................... Armaments Center.............................. $1,800,000
New York....................................... Fort Hamilton................................. $26,000,000
Watervliet Arsenal............................ $20,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $21,000,000
Texas.......................................... Fort Hood..................................... $90,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................................ Shape Headquarters............................ $16,000,000
Germany........................................ Smith Barracks................................ $33,500,000
East Camp Grafenwoehr......................... $103,000,000
Classified Location............................ Classified Location........................... $31,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation, in the number of units or
for the purpose, and in the amount set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $92,304,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $22,545,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorization set forth in the
table in subsection (b), as provided in section 2101 of that Act (130
Stat. 2689), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Wiesbaden Army Airfield... Hazardous Material $2,700,000
Storage Building........
----------------------------------------------------------------------------------------------------------------
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2021 PROJECT.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. _) for Fort Wainwright, Alaska, for
construction of Unaccompanied Enlisted Personnel Housing, as specified
in the funding table in section 4601 of such Public Law (134 Stat. _),
the Secretary of the Army may construct--
(1) an Unaccompanied Enlisted Personnel Housing building of
104,300 square feet to incorporate a modified standard design;
and
(2) an outdoor recreational shelter, sports fields and
courts, barbecue and leisure area, and fitness stations
associated with the Unaccompanied Enlisted Personnel Housing.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
_) is amended in the item relating to Fort Wainwright, Alaska,
by striking ``$114,000,000'' and inserting ``$146,000,000'' to
reflect the project modification made by subsection (a).
(2) Division d table.--The funding table in section 4601 of
Public Law 116-283 (134 Stat. _) is amended in the item
relating to Fort Wainwright Unaccompanied Enlisted Personnel
Housing by striking ``$59,000'' in the Conference Authorized
column and inserting ``$91,000'' to reflect the project
modification made by subsection (a).
SEC. 2106. ADDITIONAL AUTHORIZED FUNDING SOURCE FOR CERTAIN FISCAL YEAR
2022 PROJECT.
To carry out an unspecified minor military construction project in
the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to
construct a 6,000 square foot recycling center to meet the requirements
of a qualified recycling program at the installation, the Secretary of
the Army may use funds available to the Secretary under section
2667(e)(1)(C) of title 10, United States Code, in addition to funds
appropriated for unspecified minor military construction for the
project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Marine Corps Air Station Yuma................... $99,600,000
California................................... Air Ground Combat Center Twentynine Palms....... $45,000,000
San Nicolas Island............................. $19,907,000
Guam......................................... Andersen Air Force Base......................... $50,890,000
Joint Region Marianas........................... $507,527,000
Hawaii....................................... Marine Corps Base Kaneohe....................... $101,200,000
North Carolina............................... Cherry Point Marine Corps Air Station........... $321,417,000
Nevada....................................... Naval Air Station Fallon........................ $48,250,000
Virginia..................................... Marine Corps Base Quantico...................... $42,850,000
Naval Station Norfolk........................... $269,693,000
Norfolk Naval Shipyard.......................... $156,380,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installation outside the United States, and in the
amount, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Fleet Activities Yokosuka....................... $49,900,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units or for the purposes, and in the amounts set forth in the
following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia................... Marine Barracks Washington. Family housing $10,415,000
improvements............
Japan.................................. Fleet Activities Yokosuka.. Family housing $61,469,000
improvements............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $3,634,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Joint Base Elmendorf-Richardson............. $251,000,000
Arizona........................................ Davis-Monthan Air Force Base................ $13,400,000
Luke Air Force Base......................... $49,000,000
California..................................... Vandenberg Air Force Base................... $67,000,000
Colorado....................................... Schriever Air Force Base.................... $30,000,000
United States Air Force Academy............. $4,360,000
District of Columbia........................... Joint Base Anacostia-Bolling................ $24,000,000
Guam........................................... Joint Region Marianas....................... $85,000,000
Louisiana...................................... Barksdale Air Force Base.................... $272,000,000
Maryland....................................... Joint Base Andrews.......................... $33,800,000
Massachusetts.................................. Hanscom Air Force Base...................... $66,000,000
Nebraska....................................... Offutt Air Force Base....................... $5,000,000
New Jersey..................................... Joint Base McGuire-Dix-Lakehurst............ $4,500,000
Ohio........................................... Wright-Patterson Air Force Base............. $24,000,000
Oklahoma....................................... Tinker Air Force Base....................... $160,000,000
South Carolina................................. Joint Base Charleston....................... $30,000,000
South Dakota................................... Ellsworth Air Force Base.................... $242,000,000
Texas.......................................... Joint Base San Antonio...................... $192,000,000
Sheppard Air Force Base..................... $20,000,000
Virginia....................................... Joint Base Langley-Eustis................... $24,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Royal Australian Air Force Base Darwin...... $7,400,000
Royal Australian Air Force Base Tindal...... $14,400,000
Japan.......................................... Kadena Air Base............................. $206,000,000
Misawa Air Base............................. $25,000,000
United Kingdom................................. Royal Air Force Lakenheath.................. $104,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $105,528,000.
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $10,458,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 may not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorizations set forth in
the table in subsection (b), as provided in sections 2301 and 2902 of
that Act (130 Stat. 2696, 2743), shall remain in effect until October
1, 2023, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State or Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Guam.................................. Joint Region Marianas..... APR - Munitions Storage $35,300,000
Igloos, Phase 2.........
Joint Region Marianas..... APR - SATCOM C4I Facility $14,200,000
Japan................................. Kadena Air Base........... APR - Replace Munitions $19,815,000
Structures..............
Yokota Air Base........... C-130J Corrosion Control $23,777,000
Hangar..................
Yokota Air Base........... Construct Combat Arms $8,243,000
Training and Maintenance
Facility................
Massachusetts......................... Hanscom Air Force Base.... Vandenberg Gate Complex.. $10,965,000
United Kingdom........................ Royal Air Force Croughton. Main Gate Complex........ $16,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION
PROJECTS AT TYNDALL AIR FORCE BASE, FLORIDA.
(a) Fiscal Year 2018 Project.--In the case of the authorization
contained in the table in section 2301(b) of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public Law 115-
91; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for
construction of a Fire Station, as specified in the funding table in
section 4601 of that Public Law (131 Stat. 2002), the Secretary of the
Air Force may construct a crash rescue/structural fire station
encompassing up to 3,588 square meters.
(b) Fiscal Year 2020 Projects.--In the case of the authorization
contained in section 2912(a) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat.
1913) for Tyndall Air Force Base, Florida--
(1) for construction of Site Development, Utilities, and
Demo Phase 1, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the Air
Force may construct--
(A) up to 3,698 lineal meters of waste water
utilities;
(B) up to 6,306 lineal meters of storm water
utilities; and
(C) two emergency power backup generators;
(2) for construction of Munitions Storage Facilities, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 4,393 square meters of aircraft support
equipment storage yard;
(B) up to 1,535 square meters of tactical missile
maintenance facility; and
(C) up to 560 square meters of missile warhead
assembly and maintenance shop and storage;
(3) for construction of 53 WEG Complex, as specified in the
Natural Disaster Recovery Justification Book dated August 2019,
the Secretary of the Air Force may construct--
(A) up to 1,693 square meters of aircraft
maintenance shop;
(B) up to 1,458 square meters of fuel systems
maintenance dock; and
(C) up to 3,471 square meters of group
headquarters;
(4) for construction of 53 WEG Subscale Drone Facility, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may construct
up to 511 square meters of pilotless aircraft shop in a
separate facility;
(5) for construction of CE/Contracting/USACE Complex, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 557 square meters of base engineer
storage shed 6000 area; and
(B) up to 183 square meters of non-Air Force
administrative office;
(6) for construction of Logistics Readiness Squadron
Complex, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the Air
Force may construct--
(A) up to 802 square meters of supply
administrative headquarters;
(B) up to 528 square meters of vehicle wash rack;
and
(C) up to 528 square meters of vehicle service
rack;
(7) for construction of Fire Station Silver Flag #4, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may construct
up to 651 square meters of fire station;
(8) for construction of AFCEC RDT&E, as specified in the
Natural Disaster Recovery Justification Book dated August 2019,
the Secretary of the Air Force may construct--
(A) up to 501 square meters of CE Mat Test Runway
Support Building;
(B) up to 1,214 square meters of Robotics Range
Control Support Building; and
(C) up to 953 square meters of fire garage;
(9) for construction of Flightline-Munitions Storage, 7000
Area, as specified in the funding table in section 4603 of that
Public Law (133 Stat. 2103), the Secretary of the Air Force may
construct--
(A) up to 1,861 square meters of above ground
magazines; and
(B) up to 530 square meters of air support
equipment shop/storage facility pad;
(10) for construction of Site Development, Utilities and
Demo Phase 2, as specified in such funding table and modified
by section 2306(a)(6) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public
Law 116-283; 134 Stat. _), the Secretary of the Air Force may
construct--
(A) up to 5,233 lineal meters of storm water
utilities;
(B) up to 48,560 square meters of roads;
(C) up to 3,612 lineal meters of gas pipeline; and
(D) up to 993 square meters of water fire pumping
station with an emergency backup generator;
(11) for construction of Tyndall AFB Gate Complexes, as
specified in such funding table and modified by section
2306(a)(9) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
_), the Secretary of the Air Force may construct--
(A) up to 52,694 square meters of roadway with
serpentines; and
(B) up to 20 active/passive barriers;
(12) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table and modified
by section 2306(a)(11) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public
Law 116-283; 134 Stat. _), the Secretary of the Air Force may
construct up to 144 square meters of AAFES shoppette;
(13) for construction of Airfield Drainage, as specified in
such funding table and modified by section 2306(a)(12) of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. _), the Secretary
of the Air Force may construct--
(A) up to 37,357 meters of drainage ditch;
(B) up to 18,891 meters of storm drain piping;
(C) up to 19,131 meters of box culvert;
(D) up to 3,704 meters of concrete block swale;
(E) up to 555 storm drain structures; and
(F) up to 81,500 square meters of storm drain
ponds; and
(14) for construction of 325th Fighting Wing HQ Facility,
as specified in such funding table and modified by section
2306(a)(13) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
_), the Secretary of the Air Force may construct up to 769
square meters of separate administrative space for SAPR/SARC.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base Camp Pendleton............... $13,600,000
Naval Base Coronado............................ $54,200,000
Colorado..................................... Buckley Air Force Base......................... $20,000,000
Georgia...................................... Fort Benning................................... $62,000,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam................. $29,800,000
Maryland..................................... Fort Meade..................................... $1,201,000,000
New Mexico.................................. Kirtland Air Force Base........................ $8,600,000
Virginia..................................... Fort Belvoir................................... $29,800,000
Pentagon....................................... $50,543,000
Washington................................... Naval Health Clinic Oak Harbor................. $59,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Ramstein Air Base............................. $93,000,000
Japan........................................ Kadena Air Base............................... $24,000,000
Misawa Air Base............................... $6,000,000
United Kingdom............................... Royal Air Force Lakenheath.................... $19,283,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
California................................... Marine Corps Air Station Miramar.............. $4,054,000
Naval Air Weapons Station China Lake.......... $9,120,000
District of Columbia......................... Joint Base Anacostia-Bolling.................. $31,261,000
Florida..................................... MacDill Air Force Base........................ $22,000,000
Georgia...................................... Fort Benning.................................. $17,593,000
Fort Stewart.................................. $22,000,000
Kings Bay Naval Submarine Base................ $19,314,000
Guam......................................... Naval Base Guam............................... $38,300,000
Idaho........................................ Mountain Home Air Force Base.................. $33,800,000
Michigan..................................... Camp Grayling................................. $5,700,000
Mississippi.................................. Camp Shelby................................... $45,655,000
New York..................................... Fort Drum..................................... $27,000,000
North Carolina............................... Fort Bragg.................................... $27,169,000
North Dakota................................. Cavalier Air Force Station.................... $24,150,000
Ohio......................................... Springfield-Beckley Municipal Airport......... $4,700,000
Puerto Rico.................................. Fort Allen.................................... $12,190,000
Ramey Unit School............................. $10,120,000
Tennessee.................................... Memphis International Airport................. $4,870,000
Virginia..................................... National Geospatial Intelligence Agency $5,299,000
Springfield..................................
Various Locations............................. $2,965,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................ Naval Air Facility Atsugi..................... $3,810,000
Kuwait....................................... Camp Arifjan.................................. $15,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorization set forth in the
table in subsection (b), as provided in section 2401 of that Act (130
Stat. 2700), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Japan................................. Yokota Air Base........... Hanger/AMU............... $39,466,000
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2021, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
(a) Authority to Accept Projects.--Pursuant to agreement with the
Republic of Korea for required in-kind contributions, the Secretary of
Defense may accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts, set forth in
the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Unaccompanied Enlisted $52,000,000
Personnel Housing.....
Army................................. Camp Humphreys......... Type I Aircraft Parking $48,000,000
Apron and Parallel
Taxiway...............
Army................................. Camp Humphreys......... Black Hat Intelligence $149,000,000
Fusion Center.........
Navy................................. Mujuk.................. Expeditionary Dining $10,200,000
Facility..............
Air Force............................ Gimhae Air Base........ Repair Contingency $75,000,000
Hospital..............
Air Force............................ Osan Air Base.......... Munitions Storage Area $171,000,000
Move Delta (Phase 2)..
----------------------------------------------------------------------------------------------------------------
(b) Authorized Approach to Certain Construction Project.--Section
2350k of title 10, United States Code, shall apply with respect to the
construction of the Black Hat Intelligence Fusion Center at Camp
Humphreys, Republic of Korea, as set forth in the table in subsection
(a).
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Poland, and in the amounts, set forth in the following
table:
Republic of Poland Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Poznan................. Command and Control $30,000,000
Facility..............
Army................................. Poznan................. Information Systems $7,000,000
Facility..............
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard installations or
locations inside the United States, and in the amounts, set forth in
the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Beale Air Force Base............................. $33,000,000
Connecticut................................. National Guard Armory Putnam..................... $17,500,000
Georgia..................................... Fort Benning..................................... $13,200,000
Guam........................................ Barrigada National Guard Complex................. $34,000,000
Idaho....................................... National Guard Armory Jerome..................... $15,000,000
Illinois.................................... National Guard Armory Bloomington................ $15,000,000
Kansas...................................... National Guard Reserve Center.................... $16,732,000
Louisiana................................... Camp Minden...................................... $13,800,000
National Guard Armory Lake Charles............... $18,500,000
Maine....................................... National Guard Armory Saco....................... $21,200,000
Michigan.................................... Camp Grayling.................................... $16,000,000
Mississippi................................. Camp Shelby...................................... $15,500,000
Montana..................................... National Guard Armory Butte...................... $16,000,000
Nebraska.................................... Camp Ashland..................................... $11,000,000
North Dakota................................ North Dakota Army National Guard Recruiting...... $15,500,000
South Carolina.............................. McEntire Joint National Guard Base............... $9,000,000
Virginia.................................... National Guard Armory Troutville................. $13,000,000
National Guard Aviation Support Facility......... $5,805,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Army Reserve Center Southfield................. $12,000,000
Ohio.......................................... Wright-Patterson Air Force Base................ $19,000,000
Wisconsin..................................... Fort McCoy..................................... $94,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Naval Operational Support Center Battle Creek.. $49,090,000
Minnesota..................................... Minneapolis Air Reserve Station................ $14,350,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard installations
or locations inside the United States, and in the amounts, set forth in
the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts................................. Barnes Air National Guard Base................. $12,200,000
Delaware...................................... Newcastle Air National Guard Base.............. $17,500,000
Idaho......................................... Boise Air Terminal............................. $6,500,000
Illinois...................................... Abraham Capital Airport........................ $10,200,000
Michigan...................................... Alpena County Regional Airport................. $23,000,000
W. K. Kellogg Regional Airport................. $10,000,000
Mississippi................................... Jackson International Airport.................. $9,300,000
New York...................................... Schenectady Municipal Airport.................. $10,800,000
Ohio.......................................... Camp Perry..................................... $7,800,000
South Carolina................................ McEntire Joint National Guard Base............. $9,800,000
South Dakota.................................. Joe Foss Field................................. $9,800,000
Wisconsin..................................... Truax Field.................................... $44,200,000
Wyoming....................................... Cheyenne Municipal Airport..................... $13,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations inside the United
States, and in the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Homestead Air Force Reserve Base............... $14,000,000
Patrick Air Force Base......................... $18,500,000
Minnesota..................................... Minneapolis-St. Paul International Airport..... $14,000,000
New York...................................... Niagara Falls Air Reserve Station.............. $10,600,000
Ohio.......................................... Youngstown Air Reserve Station................. $8,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2021, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2021, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. CONDITIONS ON CLOSURE OF PUEBLO CHEMICAL DEPOT AND CHEMICAL
AGENT-DESTRUCTION PILOT PLANT, COLORADO.
(a) Submission of Final Closure and Disposal Plans.--
(1) Plans required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(A) a plan for the final closure of Pueblo Chemical
Depot, Colorado, upon the completion of the chemical
demilitarization mission of the Chemical Agent-
Destruction Pilot Plant at Pueblo Chemical Depot; and
(B) a plan for the disposal of all remaining land,
buildings, facilities, and equipment at Pueblo Chemical
Depot.
(2) Local redevelopment authority role.--In preparing the
disposal plan required by paragraph (1)(B), the Secretary of
the Army shall recognize the appropriate role of the Local
Redevelopment Authority.
(3) Definition.--In this section, the term ``Local
Redevelopment Authority'' means the Local Redevelopment
Authority for Pueblo Chemical Depot, as recognized by the
Office of Local Defense Community Cooperation.
(b) Local Redevelopment Authority Eligibility for Assistance.--The
Secretary of Defense, acting through the Office of Local Defense
Community Cooperation, may make grants, conclude cooperative
agreements, and supplement other Federal funds in order to assist the
Local Redevelopment Authority in planning community adjustments and
economic diversification required by the closure of Pueblo Chemical
Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary
determines that the closure is likely to have a direct and
significantly adverse consequence on nearby communities.
(c) General Closure, Realignment, and Disposal Prohibition.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (2), the Secretary of the Army
shall take no action--
(A) to close or realign Pueblo Chemical Depot or
the Chemical Agent-Destruction Pilot Plant; or
(B) to dispose of any land, building, facility, or
equipment that comprises any portion of Pueblo Chemical
Depot or the Chemical Agent-Destruction Pilot Plant
other than to the Local Redevelopment Authority.
(2) Duration.--The prohibition imposed by paragraph (1)
shall apply pending a final closure and disposal decision for
Pueblo Chemical Depot following submission of the final closure
and disposal plans required by subsection (a).
(d) Prohibition on Demolition or Disposal Related to Chemical
Agent-Destruction Pilot Plant.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (4), the Secretary of the Army
may not--
(A) demolish any building, facility, or equipment
described in paragraph (2) that comprises any portion
of the Chemical Agent-Destruction Pilot Plant; or
(B) dispose of such building, facility, or
equipment other than to the Local Redevelopment
Authority.
(2) Covered buildings, facilities, and equipment.--The
prohibition imposed by paragraph (1) shall apply to the
following:
(A) Any building, facility, or equipment where
chemical munitions were present, but where
contamination did not occur, which are considered by
the Secretary of the Army as clean, safe, and
acceptable for reuse by the public, after a risk
assessment by the Secretary.
(B) Any building, facility, or equipment that was
not contaminated by chemical munitions and that was
without the potential to be contaminated, such as
office buildings, parts warehouses, or utility
infrastructure, which are considered by the Secretary
of the Army as suitable for reuse by the public.
(3) Exception.--The prohibition imposed by paragraph (1)
shall not apply to any building, facility, or equipment
otherwise described in paragraph (2) for which the Local
Redevelopment Authority provides to the Secretary of the Army a
written determination specifying that the building, facility,
or equipment is not needed for community adjustment and
economic diversification following the closure of the Chemical
Agent-Destruction Pilot Plant.
(4) Duration.--The prohibition imposed by paragraph (1)
shall apply for a period of not less than three years beginning
on the date of the enactment of this Act.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
SEC. 2801. SPECIAL CONSTRUCTION AUTHORITY TO USE OPERATION AND
MAINTENANCE FUNDS TO MEET CERTAIN UNITED STATES MILITARY-
RELATED CONSTRUCTION NEEDS IN FRIENDLY FOREIGN COUNTRIES.
Section 2804 of title 10, United States Code, is amended to read as
follows:
``Sec. 2804. Special construction authority for certain military-
related construction needs in friendly foreign countries
``(a) Construction Authorized.--The Secretary concerned may carry
out a construction project in a friendly foreign country, and perform
planning and design to support such a project, that the Secretary
determines meets each of the following conditions:
``(1) The commander of the geographic combatant command in
which the construction project will be carried out identified
the construction project as necessary to support vital United
States military requirements related to strategic laydown
opportunities at an air port of debarkation, sea port of
debarkation, or rail or other logistics support location.
``(2) The construction project will not carried out at a
military installation that is considered a main operating base.
``(3) The use of construction authority under this section
is not duplicative of other construction authorities available
to the Secretary concerned to carry out the construction
project.
``(4) The funds made available under the authority of this
section for the construction project--
``(A) will be sufficient to produce a complete and
usable facility or other improvement or complete the
repair of an existing facility or improvement; to and
``(B) will not require additional funds from other
Department of Defense accounts.
``(5) The level of construction will be the minimum
necessary to meet the vital military requirements identified
under paragraph (1).
``(6) Deferral of the construction project pending
inclusion of the project proposal in the next budget submission
is inconsistent with the vital military requirements identified
under paragraph (1) and other national security or national
interests of the United States.
``(b) Use of Operation and Maintenance Funds.--The Secretary
concerned may obligate from appropriations available to the Secretary
concerned for operation and maintenance amounts necessary to carry out
a covered construction project.
``(c) Notification of Proposed Obligation of Funds.--
``(1) Notification required.--Before using appropriated
funds available for operation and maintenance to carry out a
covered construction project that has an estimated cost in
excess of the amounts authorized for unspecified minor military
construction projects under section 2805(c) of this title, the
Secretary concerned shall submit to the specified congressional
committees the following notices:
``(A) A notice regarding the proposed initiation of
planning and design for the covered construction
project.
``(B) A notice regarding the proposed solicitation
of a contract for the covered construction project.
``(2) Notification elements.--The notices required by
paragraph (1) with regard to a covered construction project
shall include the following:
``(A) A certification that the conditions specified
in subsection (a) are satisfied with regard to the
covered construction project.
``(B) A description of the purpose for which
appropriated funds available for operation and
maintenance will be obligated.
``(C) All relevant documentation detailing the
covered construction project, including planning and
design.
``(D) An estimate of the total amount to be
obligated for the covered construction project.
``(E) An explanation of the harm to national
security or national interests that would occur if the
covered construction project was deferred to permit
inclusion in the next budget submission.
``(3) Notice and wait.--A covered construction project may
be carried out only after the end of the 30-day period
beginning on the date the second notice required by paragraph
(1) is received by the specified congressional committees,
including when a copy of the notification is provided in an
electronic medium pursuant to section 480 of this title.
``(4) Effect of failure to submit notifications.--If the
notices required by paragraph (1) with regard to a covered
construction project are not submitted to the specified
congressional committees by the required date, appropriated
funds available for operation and maintenance may not be
obligated or expended after that date under the authority of
this section to carry out covered construction projects until
the date on which all late notices are finally submitted.
``(d) Annual Limitations on Use of Authority.--
``(1) Total cost limitation.--For each fiscal year, the
total cost of the covered construction projects carried out by
each Secretary concerned using, in whole or in part,
appropriated funds available for operation and maintenance
shall not exceed $50,000,000.
``(2) Additional obligation authority.--Notwithstanding
paragraph (1), the Secretary of Defense may authorize the
obligation under this section of not more than an additional
$10,000,000 of appropriated funds available for operation and
maintenance for a fiscal year if the Secretary determines that
the additional funds are needed for costs associated with
contract closeouts.
``(3) Project limitation.--The total amount of operation
and maintenance funds used for a single covered construction
project shall not exceed $10,000,000.
``(e) Relation to Other Authorities.--This section, section 2805 of
this title, and section 2808 of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723) are the only authorities available to the Secretary concerned to
use appropriated funds available for operation and maintenance to carry
out construction projects.
``(f) Definitions.--In this section:
``(1) The term `covered construction project' means a
construction project meeting the conditions specified in
subsection (a) that the Secretary concerned may carry out using
appropriated funds available for operation and maintenance
under the authority of this section.
``(2) The term `specified congressional committees' means--
``(A) the Committee on Armed Services and the
Subcommittee on Defense and the Subcommittee on
Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the
Senate; and
``(B) the Committee on Armed Services and the
Subcommittee on Defense and the Subcommittee on
Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the
House of Representatives.
``(g) Duration.--The authority of the Secretary concerned to
commence a covered construction project under the authority of this
section shall expire on September 30, 2026.''.
SEC. 2802. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR USE OF UNSPECIFIED
MINOR MILITARY CONSTRUCTION PROJECT AUTHORITY.
Section 2805(a)(2) of title 10, United States Code, is amended by
striking ``$6,000,000'' and inserting ``$8,000,000''.
SEC. 2803. INCREASED TRANSPARENCY AND PUBLIC AVAILABILITY OF
INFORMATION REGARDING SOLICITATION AND AWARD OF
SUBCONTRACTS UNDER MILITARY CONSTRUCTION CONTRACTS.
(a) Availability of Certain Information Relating to Military
Construction Subcontracts.--Section 2851 of title 10, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Information and Notice Requirements Regarding Solicitation
and Award of Subcontracts.--(1) The recipient of a contract for a
construction project described in subsection (c)(1) to be carried out
in a State shall make publicly available on a website of the General
Services Administration or the Small Business Administration, as
applicable, any solicitation made by the contract recipient under the
contract for a subcontract with an estimated value of $250,000 or more.
``(2) The Secretary of Defense shall--
``(A) maintain on the Internet site required by subsection
(c)(1) information regarding the solicitation date and award
date (or anticipated date) for each subcontract described in
paragraph (1);
``(B) submit written notice of the award of the original
contract for a project described in subsection (c)(1) to be
carried out in a State, and each subcontract described in
paragraph (1) under the contract, to each State agency that
enforces workers' compensation or minimum wage laws in the
State in which the contract or subcontract will be carried out;
and
``(C) in the case of the award of a contract for a project
described in subsection (c)(1) to be carried out in a State,
and any subcontract described in paragraph (1) under the
contract, with an estimated value of $2,000,000 or more, submit
written notice of the award of the contract or subcontract
within 30 days after the award to each Senator of the State in
which the contract or subcontract will be carried out and the
Member of the House of Representatives representing the
congressional district in which the contract or subcontract
will be carried out.
``(3) In this subsection:
``(A) The term `Member of the House of Representatives'
includes a Delegate to the House of Representatives and the
Resident Commissioner from Puerto Rico.
``(B) The term `State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(e) Exclusion of Classified Projects.--Subsections (c) and (d) do
not apply to a classified construction project otherwise described in
subsection (c)(1).''.
(b) Applicability.--Subsection (d) of section 2851 of title 10,
United States Code, as added by subsection (a)(2), shall apply with
respect to a contract for a construction project described in
subsection (c)(1) of such section that--
(1) is entered into on or after the date of the enactment
of this Act; or
(2) was entered into before the date of the enactment of
this Act, if the first solicitation made by the contract
recipient under the contract for a subcontract with an
estimated value of $250,000 or more is made on or after the
date of the enactment of this Act.
SEC. 2804. PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES
SUSTAINMENT, RESTORATION, AND MODERNIZATION PROJECTS AND
ACTIVITIES.
Section 2851(c)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) Each military department project or activity with a
total cost in excess of $15,000,000 for Facilities Sustainment,
Restoration, and Modernization.''; and
(3) in subparagraph (F), as so redesignated, by inserting
after ``construction project'' the following: ``, military
department Facilities Sustainment, Restoration, and
Modernization project or activity,''.
SEC. 2805. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.
(a) Process for Approving Certain Exceptions; Limitations.--
Subsections (c) and (d) of section 2853 of title 10, United States
Code, are amended to read as follows:
``(c) Exceptions to Limitation on Cost Variations and Scope of Work
Reductions.--(1)(A) Except as provided in subparagraph (D), the
Secretary concerned may waive the percentage or dollar cost limitation
applicable to a military construction project or a military family
housing project under subsection (a) and approve an increase in the
cost authorized for the project in excess of that limitation if the
Secretary concerned notifies the appropriate committees of Congress of
the cost increase in the manner provided in this paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) identify the amount of the cost increase and the
reasons for the increase;
``(ii) certify that the cost increase is sufficient to meet
the mission requirement identified in the justification data
provided to Congress as part of the request for authorization
of the project; and
``(iii) describe the funds proposed to be used to finance
the cost increase.
``(C) A waiver and approval by the Secretary concerned under
subparagraph (A) shall take effect only after the end of the 14-day
period beginning on the date on which the notification required by such
subparagraph is received by the appropriate committees of Congress in
an electronic medium pursuant to section 480 of this title.
``(D) The Secretary concerned may not use the authority provided by
subparagraph (A) to waive the cost limitation applicable to a military
construction project or a military family housing project and approve
an increase in the cost authorized for the project that would increase
the project cost by more than 50 percent of the total authorized cost
of the project.
``(E) In addition to the notification required by this paragraph,
subsection (f) applies whenever a military construction project or
military family housing project with a total authorized cost greater
than $40,000,000 will have a cost increase of 25 percent or more.
Subsection (f) may not be construed to authorize a cost increase in
excess of the limitation imposed by subparagraph (D).
``(2)(A) The Secretary concerned may waive the percentage or dollar
cost limitation applicable to a military construction project or a
military family housing project under subsection (a) and approve a
decrease in the cost authorized for the project in excess of that
limitation if the Secretary concerned notifies the appropriate
committees of Congress of the cost decrease not later than 14 days
after the date funds are obligated in connection with the project.
``(B) The notification required by subparagraph (A) shall be
provided in an electronic medium pursuant to section 480 of this title.
``(3)(A) The Secretary concerned may waive the limitation on a
reduction in the scope of work applicable to a military construction
project or a military family housing project under subsection (b)(1)
and approve a scope of work reduction for the project in excess of that
limitation if the Secretary concerned notifies the appropriate
committees of Congress of the reduction in the manner provided in this
paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) describe the reduction in the scope of work and the
reasons for the decrease; and
``(ii) certify that the mission requirement identified in
the justification data provided to Congress can still be met
with the reduced scope.
``(C) A waiver and approval by the Secretary concerned under
subparagraph (A) shall take effect only after the end of the 14-day
period beginning on the date on which the notification required by such
subparagraph is received by the appropriate committees of Congress in
an electronic medium pursuant to section 480 of this title.
``(d) Exceptions to Limitation on Scope of Work Increases.--(1)
Except as provided in paragraph (4), the Secretary concerned may waive
the limitation on an increase in the scope of work applicable to a
military construction project or a military family housing project
under subsection (b)(1) and approve an increase in the scope of work
for the project in excess of that limitation if the Secretary concerned
notifies the appropriate committees of Congress of the reduction in the
manner provided in this subsection.
``(2) The notification required by paragraph (1) shall describe the
increase in the scope of work and the reasons for the increase.
``(3) A waiver and approval by the Secretary concerned under
paragraph (1) shall take effect only after the end of the 14-day period
beginning on the date on which the notification required by such
paragraph is received by the appropriate committees of Congress in an
electronic medium pursuant to section 480 of this title.
``(4) The Secretary concerned may not use the authority provided by
paragraph (1) to waive the limitation on an increase in the scope of
work applicable to a military construction project or a military family
housing project and approve an increase in the scope of work for the
project that would increase the scope of work by more than 10 percent
of the amount specified for the project in the justification data
provided to Congress as part of the request for authorization of the
project.''.
(b) Conforming Amendment Related to Calculating Limitation on Cost
Variations.--Section 2853(a) of title 10, United States Code, is
amended by striking ``the amount appropriated for such project'' and
inserting ``the total authorized cost of the project''
(c) Clerical Amendments.--Section 2853 of title 10, United States
Code, is further amended--
(1) in subsection (a), by inserting ``Cost Variations
Authorized; Limitation.--'' after the enumerator ``(a)'';
(2) in subsection (b), by inserting ``Scope of Work
Variations Authorized; Limitation.--'' after the enumerator
``(b)'';
(3) in subsection (e), by inserting ``Additional Cost
Variation Exceptions.--'' after the enumerator ``(e)'';
(4) in subsection (f), by inserting ``Additional Reporting
Requirement for Certain Cost Increases.--'' after the
enumerator ``(f)''; and
(5) in subsection (g), by inserting ``Relation to Other
Law.--'' after the enumerator ``(g)''.
SEC. 2806. USE OF QUALIFIED APPRENTICES BY MILITARY CONSTRUCTION
CONTRACTORS.
(a) Establishment of Apprenticeship Use Certification
Requirement.--Subchapter III of chapter 169 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2870. Use of qualified apprentices by military construction
contractors
``(a) Certification Required.--The Secretary of Defense shall
require each offeror for a contract for a military construction project
to certify to the Secretary that, if awarded such a contract, the
offeror will--
``(1) establish a goal that not less than 20 percent of the
total workforce employed in the performance of such a contract
are qualified apprentices;
``(2) ensure, to the greatest extent possible, that each
contractor and subcontractor on such a contract has a plan to
hire, retain, and increase participation of African American
and other nontraditional apprentice populations in military
construction contracts; and
``(3) ensure that each contractor and subcontractor that
employs four or more workers in a particular classification to
perform construction activities on such a contract shall employ
one or more qualified apprentices in the same classification
for the purpose of meeting the goal established pursuant to
paragraph (1).
``(b) Incentives.--
``(1) Incentives related to goals.--The Secretary of
Defense shall develop incentives for offerors for a contract
for military construction projects to meet or exceed the goals
described in subsection (a).
``(2) Incentives related to contractors.--To promote the
use of qualified apprentices by military construction
contractors, Congress encourages the Department of Defense to
contract with women-owned, minority-owned, and small
disadvantaged businesses.
``(c) Consideration of Use of Qualified Apprentices.--
``(1) Revision required.--Not later than one year after the
date of the enactment of this section, the Secretary of Defense
shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to require that the system used
by the Federal Government to monitor or record contractor past
performance includes an analysis of whether the contractor has
made a good faith effort to meet or exceed the goal described
in subsection (a), including consideration of the actual number
of qualified apprentices used by the contractor on a contract
for a military construction project, as part of the past
performance rating of such contractor.
``(2) Implementation.--Upon revision of the Department of
Defense Supplement to the Federal Acquisition Regulation,
contractors working on a military construction project shall
submit to the Department of Defense such reports or information
as required by the Secretary, which may include total labor
hours to be performed on a contract for a military construction
project, the number of qualified apprentices to be employed on
a contract for a military construction project, and demographic
information on nontraditional apprentice populations.
``(d) Qualified Apprentice Defined.--In this section, the term
`qualified apprentice' means an employee participating in an
apprenticeship program registered with the Office of Apprenticeship of
the Employment Training Administration of the Department of Labor or a
State apprenticeship agency recognized by the Office of Apprenticeship
pursuant to the Act of August 16, 1937 (popularly known as the National
Apprenticeship Act; 29 U.S.C. 50 et seq.).
``(e) Apprentice-to-Journeyworker Ratio.--Nothing in this section
shall relieve a contractor or subcontractor on a military construction
project of the obligation of the contractor or subcontractor to comply
with all applicable requirements for apprentice-to-journeyworker ratios
established by the Department of Labor or the State Apprenticeship
Agency, whichever applies in the State in which the military
construction project is carried out.
``(f) Applicability.--Subsection (a) shall apply with respect to
each military construction project whose first advertisement for bid
occurs on or after the end of the one-year period beginning on the date
of the enactment of this section.''.
(b) Reports to Congress.--Not later than three months after the
date of the enactment of this Act, nine months after the date of the
enactment of this Act, and upon revision of the Department of Defense
Supplement to the Federal Acquisition Regulation required by subsection
(c) of section 2870 of title 10, United States Code, as added by
subsection (a), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report providing a status update on the implementation of the
requirements of such section. Each status update shall identify major
milestones in such implementation, challenges to such implementation,
and such other information as the Secretary considers appropriate.
SEC. 2807. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED AUTHORITY
TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION
PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED STATES.
(a) Two-year Extension of Authority.--Subsection (h) of section
2808 of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as most
recently amended by section 2806(a) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public Law 116-
283; 134 Stat. __), is further amended--
(1) in paragraph (1), by striking ``December 31, 2021'' and
inserting ``December 31, 2023''; and
(2) paragraph (2), by striking ``fiscal year 2022'' and
inserting ``fiscal year 2024''.
(b) Continuation of Limitation on Use of Authority.--Subsection
(c)(1) of section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as most recently amended by subsections (b) and (c) of section
2806 of the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283; 134 Stat. __), is further
amended--
(1) by striking subparagraphs (A) and (B);
(2) by redesignating subparagraph (C) as subparagraph (A);
and
(3) by adding at the end the following new subparagraphs:
``(B) The period beginning October 1, 2021, and ending on
the earlier of December 31, 2022, or the date of the enactment
of an Act authorizing funds for military activities of the
Department of Defense for fiscal year 2023.
``(C) The period beginning October 1, 2022, and ending on
the earlier of December 31, 2023, or the date of the enactment
of an Act authorizing funds for military activities of the
Department of Defense for fiscal year 2024.''.
(c) Establishment of Project Monetary Limitation.--Subsection (c)
of section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is
amended by adding at the end the following new paragraph:
``(3) The total amount of operation and maintenance funds used for
a single construction project carried out under the authority of this
section shall not exceed $15,000,000.''.
(d) Modification of Notice and Wait Requirement.--Subsection (b) of
section 2808 of the Military Construction Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is
amended--
(1) by striking ``10-day period'' and inserting ``14-day
period''; and
(2) by striking ``or, if earlier, the end of the 7-day
period beginning on the date on which'' and inserting ``,
including when''.
SEC. 2808. IMPROVED CONGRESSIONAL OVERSIGHT AND PUBLIC TRANSPARENCY OF
MILITARY CONSTRUCTION CONTRACT AWARDS.
(a) Supervision of Military Construction Projects.--Section 2851 of
title 10, United States Code, as amended by section 2803, is further
amended--
(1) in subsection (c)(1), by inserting ``or appropriated''
after ``funds authorized'' each place such term appears;
(2) in subsection (c)(2)--
(A) by inserting ``, deadline for bid
submissions,'' after ``solicitation date'';
(B) by inserting ``(including the address of such
recipient)'' after ``contract recipient''; and
(C) by adding at the end the following new
subparagraphs:
``(H) Any subcontracting plan required under paragraph (4)
or (5) of section 8(d) of the Small Business Act (15 U.S.C.
637(d)) for the project submitted by the contract recipient to
the Secretary of Defense.
``(I) A detailed written statement describing and
justifying any exception applied or waiver granted under--
``(i) chapter 83 of title 41;
``(ii) section 2533a of this title; or
``(iii) section 2533b of this title.''; and
(3) by adding at the end the following new paragraph:
``(4) The information required to be published on the Internet
website under subsection (c) shall constitute a record for the purposes
of chapters 21, 29, 31, and 33 of title 44.''.
(b) Federal Procurement Data System.--The Secretary of Defense
shall ensure that there is a clear and unique indication of any covered
contract with subcontracting work of an estimated value of $250,000 or
more in the Federal Procurement Data System established pursuant to
section 1122(a)(4) of title 41, United States Code (or any successor
system).
(c) Local Hire Requirements.--
(1) In general.--To the extent practicable, in awarding a
covered contract, the Secretary of the military department
concerned shall give preference to those firms and individuals
who certify that at least 51 percent of the total number of
employees hired to perform the contract (including any
employees hired by a subcontractor at any tier) shall reside in
the same covered State as, or within a 60-mile radius of, the
location of the work to be performed pursuant to the contract.
(2) Justification required.--The Secretary of the military
department concerned shall prepare a written justification, and
make such justification available on the Internet site required
under section 2851(c) of title 10, United States Code, as
amended by this section and section 2803, for the award of any
covered contract to a firm or individual that is not described
under paragraph (1).
(d) Licensing.--A contractor and any subcontractors performing a
covered contract shall be licensed to perform the work under such
contract in the covered State in which the work will be performed.
(e) Small Business Credit for Local Businesses.--Section 15 of the
Small Business Act (15 U.S.C. 644) is amended by adding at the end the
following new subsection--
``(y) Small Business Credit for Local Businesses.--
``(1) Credit for meeting subcontracting goals.--During the
4-year period beginning on the date of the enactment of this
subsection, if a prime contractor awards a subcontract (at any
tier) to a small business concern that has its principal office
located in the same State as, or within a 60-mile radius of,
the location of the work to be performed pursuant to the
contract of the prime contractor, the value of the subcontract
shall be doubled for purposes of determining compliance with
the goals for procurement contracts under subsection (g)(1)(A)
during such period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency shall submit
to the Administrator, and make publicly available on the
scorecard described in section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 933; 15 U.S.C. 644 note), an analysis of the number and
dollar amount of subcontracts awarded pursuant to paragraph (1)
for each fiscal year of the period described in such
paragraph.''.
(f) Covered Contract Defined.--In this section, the term ``covered
contract'' means a contract for a military construction project,
military family housing project, or other project described in
subsection (c)(1) of section 2851 of title 10, United States Code, as
amended by this section and section 2803.
SEC. 2809. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION.
(a) Further Modification of Department of Defense Form 1391.--
Section 2805(a)(1) of the Military Construction Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2262; 10
U.S.C. 2802 note) is amended by striking ``100-year floodplain'' both
places it appears and inserting ``500-year floodplain for mission
critical facilities or a 100-year floodplain for non-mission critical
facilities''.
(b) Reporting Requirements.--Section 2805(a)(3) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in subparagraph (A), by inserting before the period at
the end the following: ``using hydrologic, hydraulic, and
hydrodynamic data, methods, and analysis that integrate current
and projected changes in flooding based on climate science over
the anticipated service life of the facility and future
forecasted land use changes''; and
(2) in subparagraph (D), by inserting after ``future'' the
following: ``flood risk and''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is
amended--
(1) in subparagraphs (A) and (B), by striking ``buildings''
and inserting ``facilities''; and
(2) in subparagraph (C), by inserting after ``future'' the
following: ``flood risk and''.
(d) Conforming Amendment of Unified Facilities Criteria.--
(1) Amendment required.--Not later than September 1, 2022,
the Secretary of Defense shall amend the Unified Facilities
Criteria relating to military construction planning and design
to ensure that building practices and standards of the
Department of Defense incorporate the minimum flood mitigation
requirements of section 2805(a) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended
by this section.
(2) Conditional availability of funds.--Not more than 25
percent of the funds authorized to be appropriated for fiscal
year 2022 for Department of Defense planning and design
accounts relating to military construction projects may be
obligated until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate a certification that the
Secretary--
(A) has initiated the amendment process required by
paragraph (1); and
(B) intends to complete such process by September
1, 2022.
(3) Implementation of unified facilities criteria
amendments.--
(A) Implementation.--Any Department of Defense Form
1391 submitted to Congress after September 1, 2022,
shall comply with the Unified Facilities Criteria, as
amended pursuant to paragraph (1).
(B) Certification.--Not later than March 1, 2023,
the Secretary of Defense shall certify to the
Committees on Armed Services of the House of
Representatives and the Senate the completion of the
amendment process required by paragraph (1) and the
full incorporation of the amendments into military
construction planning and design.
SEC. 2809A. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT PROJECTS FOR
MILITARY INSTALLATIONS AND DEFENSE ACCESS ROADS.
Chapter 169 of title 10, United States Code, is amended by
inserting after section 2815 the following new section:
``Sec. 2815a. Stormwater management projects for installation and
defense access road resilience and waterway and
ecosystems conservation
``(a) Projects Authorized.--The Secretary concerned may carry out a
stormwater management project on or related to a military installation
for the purpose of--
``(1) improving military installation resilience or the
resilience of a defense access road or other essential civilian
infrastructure supporting the military installation; and
``(2) protecting nearby waterways and stormwater-stressed
ecosystems.
``(b) Project Methods and Funding Sources.--Using such amounts as
may be provided in advance in appropriation Acts, the Secretary
concerned may carry out a stormwater management project under this
section as, or as part of, any of the following:
``(1) An authorized military construction project.
``(2) An unspecified minor military construction project
under section 2805 of this title, including using
appropriations available for operation and maintenance subject
to the limitation in subsection (c) of such section.
``(3) A military installation resilience project under
section 2815 of this title, including the use of appropriations
available for operations and maintenance subject to the
limitation of subsection (e)(3) of such section.
``(4) A defense community infrastructure resilience project
under section 2391(d) of this title.
``(5) A construction project under section 2914 of this
title.
``(6) A reserve component facility project under section
18233 of this title.
``(7) A defense access road project under section 210 of
title 23.
``(c) Project Priorities.--In selecting stormwater management
projects to be carried out under this section, the Secretary concerned
shall give a priority to project proposals involving the retrofitting
of buildings and grounds on a military installation or retrofitting a
defense access road to reduce stormwater runoff.
``(d) Project Activities.--Activities carried out as part of a
stormwater management project under this section may include, but are
not limited to, the following:
``(1) The installation, expansion, or refurbishment of
stormwater ponds and other water-slowing and retention
measures.
``(2) The installation of permeable pavement in lieu of, or
to replace existing, nonpermeable pavement.
``(3) The use of planters, tree boxes, cisterns, and rain
gardens to reduce stormwater runoff.
``(e) Project Coordination.--In the case of a stormwater management
project carried out under this section on or related to a military
installation and any project related to the same installation carried
out under section 2391(d), 2815, or 2914 of this title, the Secretary
concerned shall ensure coordination between the projects regarding the
water access, management, conservation, security, and resilience
aspects of the projects.
``(f) Annual Report.--(1) Not later than 90 days after the end of
each fiscal year, each Secretary concerned shall submit to the
congressional defense committees a report describing--
``(A) the status of planned and active stormwater
management projects carried out by that Secretary under this
section; and
``(B) all projects completed by the Secretary concerned
during the previous fiscal year.
``(2) Each report shall include the following information with
respect to each stormwater management project described in the report:
``(A) The title, location, a brief description of the scope
of work, the original project cost estimate, and the current
working cost estimate.
``(B) The rationale for how the project will--
``(i) improve military installation resilience or
the resilience of a defense access road or other
essential civilian infrastructure supporting a military
installation; and
``(ii) protect waterways and stormwater-stressed
ecosystems.
``(C) Such other information as the Secretary concerned
considers appropriate.
``(g) Definitions.--In this section:
``(1) The term `defense access road' means a road certified
to the Secretary of Transportation as important to the national
defense under the provisions of section 210 of title 23.
``(2) The terms `facility' and `State' have the meanings
given those terms in section 18232 of this title.
``(3) The term `military installation' includes a facility
of a reserve component owned by a State rather than the United
States.
``(4) The term `military installation resilience' has the
meaning given that term in section 101(e)(8) of this title.
``(5) The term `Secretary concerned' means--
``(A) the Secretary of a military department with
respect to military installations under the
jurisdiction of that Secretary; and
``(B) the Secretary of Defense with respect to
matters concerning the Defense Agencies and facilities
of a reserve component owned by a State rather than the
United States.''.
Subtitle B--Continuation of Military Housing Reforms
SEC. 2811. APPLICABILITY OF WINDOW FALL PREVENTION REQUIREMENTS TO ALL
MILITARY FAMILY HOUSING WHETHER PRIVATIZED OR GOVERNMENT-
OWNED AND GOVERNMENT-CONTROLLED.
(a) Transfer of Window Fall Prevention Section to Military Family
Housing Administration Subchapter.--Section 2879 of title 10, United
States Code--
(1) is transferred to appear after section 2856 of such
title; and
(2) is redesignated as section 2857.
(b) Applicability of Section to All Military Family Housing.--
Section 2857 of title 10, United States Code, as transferred and
redesignated by subsection (a), is amended--
(1) in subsection (a)(1), by striking ``acquired or
constructed under this chapter'';
(2) in subsection (b)(1), by striking ``acquired or
constructed under this chapter''; and
(3) by adding at the end the following new subsection:
``(e) Applicability to All Military Family Housing.--This section
applies to military family housing under the jurisdiction of the
Department of Defense and military family housing acquired or
constructed under subchapter IV of this chapter.''.
(c) Implementation Plan.--In the report required to be submitted in
2022 pursuant to subsection (d) of section 2857 of title 10, United
States Code, as transferred and redesignated by subsection (a) and
amended by subsection (b), the Secretary of Defense shall include a
plan for implementation of the fall protection devices described in
subsection (a)(3) of such section as required by such section.
(d) Limitation on Use of Funds Pending Submission of Overdue
Report.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Office of the
Assistant Secretary of Defense for Installations and Sustainment, not
more than 50 percent may be obligated or expended until the date on
which the Secretary of Defense certifies to the congressional defense
committees that--
(1) the independent assessment required by section 2817(b)
of the Military Construction Authorization Act of 2018
(division B of Public Law 115-91; 131 Stat. 1852) has been
initiated; and
(2) the Secretary expects the report containing the results
of the assessment to be submitted to the congressional defense
committees by September 1, 2022.
SEC. 2812. MODIFICATION OF MILITARY HOUSING TO ACCOMMODATE TENANTS WITH
DISABILITIES.
Section 2891a(d)(11) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(11)''; and
(2) by adding at the end the following new subparagraph:
``(B) Once a landlord is informed of the disability of a tenant who
has a disability (as such term is defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) and who occupies or
will occupy a housing unit provided by the landlord, the landlord is
responsible for modifying the housing unit as necessary to comply with
standards under such Act (42 U.S.C. 12101 et seq.) to facilitate
occupancy of the housing unit by the tenant.''.
SEC. 2813. REQUIRED INVESTMENTS IN IMPROVING MILITARY UNACCOMPANIED
HOUSING.
(a) Investments in Military Unaccompanied Housing.--
(1) Investments required.--Of the total amount authorized
to be appropriated by the National Defense Authorization Act
for a covered fiscal year for Facilities Sustainment,
Restoration, and Modernization activities of a military
department, the Secretary of that military department shall
reserve an amount equal to five percent of the estimated
replacement cost of the inventory of unimproved military
unaccompanied housing under the jurisdiction of that Secretary
for the purpose of carrying out projects for the improvement of
military unaccompanied housing.
(2) Definitions.--In this subsection:
(A) The term ``military unaccompanied housing''
means military housing intended to be occupied by
members of the Armed Forces serving a tour of duty
unaccompanied by dependents.
(B) The term ``replacement cost'', with respect to
military unaccompanied housing, means the amount that
would be required to replace the remaining service
potential of that military unaccompanied housing.
(3) Duration of investment requirement.--Paragraph (1)
shall apply for fiscal years 2022 through 2026.
(b) Comptroller General Assessment.--
(1) Assessment required.--The Comptroller General of the
United States shall conduct an independent assessment of the
condition of unaccompanied military housing under the
jurisdiction of the Secretaries of the military departments. As
elements of the assessment, the Comptroller General shall
analyze--
(A) how the prioritization of Facilities
Sustainment, Restoration, and Modernization outlays has
impacted department infrastructure identified as
quality-of-life infrastructure;
(B) how that prioritization interacts with the
regular budget process for military construction
projects; and
(C) the extent to which Facilities Sustainment,
Restoration, and Modernization funds are being used to
improve quality-of-life infrastructure.
(2) Briefing.--Not later than February 2, 2022, the
Comptroller General shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the assessment conducted pursuant to paragraph (1).
(3) Report.--No later than December 31, 2022, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing the results of the assessment conducted
pursuant to paragraph (1).
SEC. 2814. IMPROVEMENT OF DEPARTMENT OF DEFENSE CHILD DEVELOPMENT
CENTERS AND INCREASED AVAILABILITY OF CHILD CARE FOR
CHILDREN OF MILITARY PERSONNEL.
(a) Safety Inspection of Child Development Centers.--
(1) Safety inspection required.--Not later than one year
after the date of the enactment of this Act, each Secretary of
a military department shall complete an inspection of all
facilities under the jurisdiction of that Secretary used as a
child development center to identify any unresolved safety
issues, including lead, asbestos, and mold, that adversely
impact the facilities.
(2) Reporting requirement.--
(A) Report required.--Not later than 90 days after
completing the safety inspections required by paragraph
(1), the Secretary of the military department concerned
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
containing the results of the safety inspections.
(B) Report elements.--The Secretary of a military
department shall include in the report prepared by that
Secretary the following:
(i) The identity and location of each child
development center at which unresolved safety
issues, including lead, asbestos, and mold,
were found.
(ii) For each identified child development
center--
(I) a description of the safety
issues found; and
(II) the proposed plan and schedule
and projected cost to remediate the
safety issues found.
(b) Ten-year Facility Improvement Plan for Child Development
Centers.--
(1) Facility improvement plan required.--Each Secretary of
a military department shall establish a plan to renovate
facilities under the jurisdiction of that Secretary used as a
child development center so that, no later December 31, 2031--
(A) no child development center is identified as
being in poor or failing condition according to the
facility condition index of that military department;
and
(B) all facility projects involving a child
development center that were included on the priority
lists within Appendix C of the ``Department of Defense
Report to the Congressional Defense Committees On
Department of Defense Child Development Programs''
published in 2020 are completed.
(2) Report on facilities improvement plan.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of the military department concerned shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report describing the facilities improvement
plan established by that Secretary pursuant to paragraph (1).
The report shall include the following:
(A) Details regarding the child development center
facility improvement plan.
(B) An estimate of the funding required to complete
the facility improvement plan before the deadline
specified in paragraph (1).
(C) The plan of the Secretary to obtain the funding
necessary to complete the facility improvement plan.
(D) Any additional statutory authorities that the
Secretary needs to complete the facility improvement
plan before the deadline specified in paragraph (1).
(E) A plan to execute preventive maintenance on
other child development center facilities to prevent
more from degrading to poor or failing condition.
(3) Status reports.--Not later than 18 months after the
date of the enactment of this Act, and every 12 months
thereafter until the date specified in paragraph (1), the
Secretary of the military department concerned shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a status report on the progress made by that
Secretary toward accomplishing the facility improvement plan
established by that Secretary pursuant to paragraph (1). Such a
report shall include the following:
(A) Details about projects planned, funded, under
construction, and completed under the facility
improvement plan.
(B) Updated funding requirements to complete all
child development center facility construction under
the facility improvement plan.
(C) Any changes to the plan of the Secretary to
obtain the funding necessary to complete the facility
improvement plan.
(D) Any additional statutory authorities that the
Secretary needs to complete the facility improvement
plan before the deadline specified in paragraph (1).
(c) Public-private Partnerships for Child Care for Children of
Military Personnel.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and pursuant to regulations
prescribed by the Secretary of Defense, each Secretary of a
military department shall seek to enter into at least one
agreement with a private entity to provide child care to the
children of personnel (including members of the Armed Forces
and civilian employees of the Department of Defense) under the
jurisdiction of that Secretary.
(2) Reporting.--
(A) Preliminary reports.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Defense and the Secretaries of the
military departments shall jointly submit to the
Committees on Armed Services of the Senate and House of
Representatives a report regarding progress in carrying
out paragraph (1).
(B) Regular reports.--Upon entering into an
agreement under paragraph (1) and annually thereafter
until the termination of such agreement, the Secretary
of the military department concerned shall submit to
the Committees on Armed Services of the Senate and
House of Representatives a report regarding such
agreement. Such a report shall include--
(i) the terms of the agreement, including
cost to the United States;
(ii) the number of children described in
paragraph (1) projected to receive child care
under such agreement; and
(iii) if applicable, the actual number of
children described in paragraph (1) who
received child care under such agreement served
during the previous year.
(d) Child Development Center Defined.--In this section, the term
``child development center'' has the meaning given that term in section
2871(2) of title 10, United States Code, and includes facilities
identified as a child care center or day care center.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. SECRETARY OF THE NAVY AUTHORITY TO SUPPORT DEVELOPMENT AND
OPERATION OF NATIONAL MUSEUM OF THE UNITED STATES NAVY.
Chapter 861 of title 10, United States Code, is amended by
inserting after section 8616 the following new section:
``Sec. 8617. National Museum of the United States Navy
``(a) Authority to Support Development and Operation of Museum.--
(1) The Secretary of the Navy may select and enter into a contract,
cooperative agreement, or other agreement with one or more eligible
nonprofit organizations to support the development, design,
construction, renovation, or operation of a multipurpose museum to
serve as the National Museum of the United States Navy.
``(2) The Secretary may--
``(A) authorize a partner organization to contract for each
phase of development, design, construction, renovation, or
operation of the museum, or all such phases; or
``(B) authorize acceptance of funds from a partner
organization for each or all such phases.
``(b) Purposes of Museum.--(1) The museum shall be used for the
identification, curation, storage, and public viewing of artifacts and
artwork of significance to the Navy, as agreed to by the Secretary of
the Navy.
``(2) The museum also may be used to support such education,
training, research, and associated activities as the Secretary
considers compatible with and in support of the museum and the mission
of the Naval History and Heritage Command.
``(c) Acceptance Upon Completion.--Upon the satisfactory
completion, as determined by the Secretary of the Navy, of any phase of
the museum, and upon the satisfaction of any financial obligations
incident thereto, the Secretary shall accept such phase of the museum
from the partner organization, and all right, title, and interest in
and to such phase of the museum shall vest in the United States. Upon
becoming the property of the United States, the Secretary shall assume
administrative jurisdiction over such phase of the museum.
``(d) Lease Authority.--(1) The Secretary of the Navy may lease
portions of the museum to an eligible nonprofit organization for use in
generating revenue for the support of activities of the museum and for
such administrative purposes as may be necessary for support of the
museum. Such a lease may not include any part of the collection of the
museum.
``(2) Any rent received by the Secretary under a lease under
paragraph (1), including rent-in-kind, shall be used solely to cover or
defray the costs of development, maintenance, or operation of the
museum.
``(e) Authority to Accept Gifts.--(1) The Secretary of the Navy may
accept, hold, administer, and spend any gift, devise, or bequest of
real property, personal property, or money made on the condition that
the gift, devise, or bequest be used for the benefit, or in connection
with, the establishment, operation, or maintenance, of the museum.
Section 2601 (other than subsections (b), (c), and (e)) of this title
shall apply to gifts accepted under this subsection.
``(2) The Secretary may display at the museum recognition for an
individual or organization that contributes money to a partner
organization, or an individual or organization that contributes a gift
directly to the Navy, for the benefit of the museum, whether or not the
contribution is subject to the condition that the recognition be
provided. The Secretary shall prescribe regulations governing the
circumstances under which contributor recognition may be provided,
appropriate forms of recognition, and suitable display standards.
``(3) The Secretary may authorize the sale of donated property
received under paragraph (1). A sale under this paragraph need not be
conducted in accordance with disposal requirements that would otherwise
apply, so long as the sale is conducted at arms-length and includes an
auditable transaction record.
``(4) Any money received under paragraph (1) and any proceeds from
the sale of property under paragraph (3) shall be deposited into a fund
established in the Treasury to support the museum.
``(f) Additional Terms and Conditions.--The Secretary of the Navy
may require such additional terms and conditions in connection with a
contract, cooperative agreement, or other agreement under subsection
(a) or a lease under subsection (d) as the Secretary considers
appropriate to protect the interests of the United States.
``(g) Use of Navy Indicators.--(1) In a contract, cooperative
agreement, or other agreement under subsection (a) or a lease under
subsection (d), the Secretary of the Navy may authorize, consistent
with section 2260 (other than subsection (d)) of this title, a partner
organization to enter into licensing, marketing, and sponsorship
agreements relating to Navy indicators, including the manufacture and
sale of merchandise for sale by the museum, subject to the approval of
the Department of the Navy.
``(2) No such licensing, marketing, or sponsorship agreement may be
entered into if it would reflect unfavorably on the ability of the
Department of the Navy, any of its employees, or any member of the
armed forces to carry out any responsibility or duty in a fair and
objective manner, or if the Secretary determines that the use of the
Navy indicator would compromise the integrity or appearance of
integrity of any program of the Department of the Navy.
``(h) Definitions.--In this section:
``(1) The term `eligible nonprofit organization' means an
entity that--
``(A) qualifies as an exempt organization under
section 501(c)(3) of the Internal Revenue Code of 1986;
and
``(B) has as its primary purpose the preservation
and promotion of the history and heritage of the Navy.
``(2) The term `museum' means the National Museum of the
United States Navy, including its facilities and grounds.
``(3) The term `Navy indicators' includes trademarks and
service marks, names, identities, abbreviations, official
insignia, seals, emblems, and acronyms of the Navy and Marine
Corps, including underlying units, and specifically includes
the term `National Museum of the United States Navy'.
``(4) The term `partner organization' means an eligible
nonprofit organization with whom the Secretary of the Navy
enters into a contract, cooperative agreement, or other
agreement under subsection (a) or a lease under subsection
(d).''.
SEC. 2822. EXPANSION OF SECRETARY OF THE NAVY AUTHORITY TO LEASE AND
LICENSE UNITED STATES NAVY MUSEUM FACILITIES TO GENERATE
REVENUE TO SUPPORT MUSEUM ADMINISTRATION AND OPERATIONS.
(a) Inclusion of Additional United States Navy Museums.--Section
2852 of the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat. 3530) is amended--
(1) in subsection (a)--
(A) by striking the text preceding paragraph (1)
and inserting ``The Secretary of the Navy may lease or
license any portion of the facilities of a United
States Navy museum to a foundation established to
support that museum for the purpose of permitting the
foundation to carry out the following activities:'';
and
(B) in paragraphs (1) and (2), by striking ``the
United States Navy Museum'' and inserting ``that United
States Navy museum'';
(2) in subsection (b), by striking ``the United States Navy
Museum'' and inserting ``the United States Navy museum of which
the facility is a part'';
(3) in subsection (c), by striking ``the Naval Historical
Foundation'' and inserting ``a foundation described in
subsection (a)''; and
(4) in subsection (d)--
(A) by striking ``the United States Navy Museum''
and inserting ``the applicable United States Navy
museum''; and
(B) by striking ``the Museum'' and inserting ``that
museum''.
(b) United States Navy Museum Defined.--Section 2852 of the
Military Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3530) is amended by adding at the
end the following new subsection:
``(f) United States Navy Museum.--In this section, the term `United
States Navy museum' means a museum under the jurisdiction of the
Secretary of Defense and operated through the Naval History and
Heritage Command.''.
(c) Conforming Clerical Amendment.--The heading of section 2852 of
the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3530) is amended by
striking ``at washington, navy yard, district of columbia''.
SEC. 2823. DEPARTMENT OF DEFENSE MONITORING OF REAL PROPERTY OWNERSHIP
AND OCCUPANCY IN VICINITY OF MILITARY INSTALLATIONS TO
IDENTIFY FOREIGN ADVERSARY OWNERSHIP OR OCCUPANCY.
Section 2661 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Identification of Foreign Adversary Ownership or Occupancy of
Real Property in Vicinity of Military Installations.--(1) The Secretary
of Defense and each Secretary of a military department shall monitor
real property ownership and occupancy in the vicinity of military
installations under the jurisdiction of the Secretary concerned inside
and outside of the United States to identify instances in which a
foreign adversary owns or occupies, or the Secretary concerned
determines a foreign adversary is seeking to own or occupy, real
property in the vicinity of a military installation.
``(2) Not later than March 1 each year, the Secretary of Defense,
in coordination with the Secretaries of the military departments, shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report containing the following:
``(A) A description of all real property in the vicinity of
military installations that the Secretary concerned--
``(i) has identified under paragraph (1) as owned
or occupied by a foreign adversary; or
``(ii) has determined under paragraph (1) that a
foreign adversary is seeking to own or occupy.
``(B) Changes in foreign adversary ownership or occupancy
of real property in the vicinity of military installations
since the previous report.
``(C) Recommendations regarding the appropriate response to
such foreign adversary ownership or occupancy of real property
in the vicinity of military installations.
``(3) A report under paragraph (2) shall be submitted in
unclassified form, but may contain a classified annex as necessary.
``(4) In this section:
``(A) The term `foreign adversary' has the meaning given
that term in section 8(c)(2) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2)). The
term includes agents of, and partnerships and corporations
including, a foreign adversary.
``(B) The term `military installation' does not include a
contingency overseas military location described in section
2687a(a)(3)(A)(iii) of this title.
``(C) The term `vicinity', with respect to proximity to a
military installation, means--
``(i) real property adjacent to the boundary of a
military installation; and
``(ii) real property any part of which is located
within 10 miles of the boundary of a military
installation.''.
SEC. 2824. INTERGOVERNMENTAL SUPPORT AGREEMENTS FOR INSTALLATION-
SUPPORT SERVICES.
Section 2679(a)(3) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``and the
installation-support services to be provided are not included on the
procurement list of section 8503 of title 41''.
Subtitle D--Military Facilities Master Plan Requirements
SEC. 2831. COOPERATION WITH STATE AND LOCAL GOVERNMENTS IN DEVELOPMENT
OF MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.
Section 2864(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) The commander of a major military installation shall
develop and update the master plan for that major military installation
in consultation with representatives of the government of the State in
which the installation is located and representatives of local
governments in the vicinity of the installation to improve cooperation
and consistency between the Department of Defense and such governments
in addressing each component of the master plan described in paragraph
(1).
``(B) The consultation required by subparagraph (A) is in addition
to the consultation specifically required by subsection (b)(1) in
connection with the transportation component of the master plan for a
major military installation.''.
SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING MASTER PLANS
FOR MAJOR MILITARY INSTALLATIONS.
(a) Maximum Interval Between Master Plan Development.--Section
2864(a)(1) of title 10, United States Code, is amended by striking ``10
years'' and inserting ``five years''.
(b) Consideration of Military Installation Resilience.--Section
2864(a)(2)(E) of title 10, United States Code, is amended by inserting
before the period at the end the following: ``and military installation
resilience''.
(c) Coordination Related to Military Installation Resilience
Component.--Section 2864(c)(6) of title 10, United States Code, is
amended by inserting after ``Agreements in effect or planned'' the
following: ``and ongoing or planned coordination''.
(d) Cross Reference to Definition of Military Installation
Resilience.--Section 2864(f) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(6) The term `military installation resilience' has the
meaning given that term in section 101(e) of this title.''.
SEC. 2833. PROMPT COMPLETION OF MILITARY INSTALLATION RESILIENCE
COMPONENT OF MASTER PLANS FOR AT-RISK MAJOR MILITARY
INSTALLATIONS.
(a) Identification of At-Risk Installations.--Not later than 30
days after the date of the enactment of this Act, each Secretary of a
military department shall--
(1) identify at least two major military installations
under the jurisdiction of that Secretary that the Secretary
considers most at risk from extreme weather events; and
(2) notify the Committees on Armed Services of the Senate
and the House of Representatives of the major military
installations identified under paragraph (1).
(b) Completion Deadline.--Not later than one year after the date of
the enactment of this Act, each Secretary of a military department
shall ensure that the military installation resilience component of the
master plan for each major military installation identified by the
Secretary under subsection (a) is completed.
(c) Briefings.--Not later than 60 days after completion of a master
plan component as required by subsection (b) for a major military
installation, the Secretary of the military department concerned shall
brief the Committees on Armed Services of the Senate and the House of
Representatives regarding the results of the master plan efforts for
that major military installation.
(d) Definitions.--In this section:
(1) The term ``major military installation'' has the
meaning given that term in section 2864(f) of title 10, United
States Code.
(2) The term ``master plan'' means the master plan required
by section 2864(a) of title 10, United States Code, for a major
military installation.
SEC. 2834. CONGRESSIONAL OVERSIGHT OF MASTER PLANS FOR ARMY AMMUNITION
PLANTS GUIDING FUTURE INFRASTRUCTURE, FACILITY, AND
PRODUCTION EQUIPMENT IMPROVEMENTS.
(a) Submission of Master Plan.--Not later than March 31, 2022, the
Secretary of the Army shall submit to the congressional defense
committees the master plan for each of the five Government-owned,
contractor-operated Army ammunition plants developed to guide planning
and budgeting for future infrastructure construction, facility
improvements, and production equipment needs at each Army ammunition
plant.
(b) Elements of Master Plan.--To satisfy the requirements of
subsection (a), a master plan submitted under such subsection must
include the following:
(1) A description of all infrastructure construction and
facility improvements planned or being considered for an Army
ammunition plant and production equipment planned or being
considered for installation, modernization, or replacement.
(2) A description of the funding sources for such
infrastructure construction, facility improvements, and
production equipment, including authorized military
construction projects, appropriations available for operation
and maintenance, and appropriations available for procurement
of Army ammunition.
(3) An explanation of how the master plan for an Army
ammunition plant will promote efficient, effective, resilient,
secure, and cost-effective production of ammunition and
ammunition components for the Armed Forces.
(4) A description of how development of the master plan for
an Army ammunition plant included input from the contractor
operating the Army ammunition plant and how implementation of
that master plan will be coordinated with the contractor.
(c) Annual Updates.--Not later than March 31, 2023, and each March
31 thereafter through March 31, 2026, the Secretary of the Army shall
submit to the congressional defense committees a report containing the
following:
(1) A description of any revisions made to the master plans
submitted under subsection (a) during the previous year.
(2) A description of any revisions to be made or being
considered to the master plans.
(3) An explanation of the reasons for each revision,
whether made, to be made, or being considered.
(4) A description of the progress made in improving
infrastructure, facility, and production equipment at the Army
ammunition plants consistent with the master plans.
(d) Delegation Authority.--The Secretary of the Army shall carry
out this section acting through the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
SEC. 2841. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO REQUIRE
INCLUSION OF PRIVATE NURSING AND LACTATION SPACE IN
CERTAIN MILITARY CONSTRUCTION PROJECTS.
(a) Amendment Required.--The Secretary of Defense shall amend UFC
1-4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/
DoD Building Code (UFC 1-200-01) to require that military construction
planning and design for buildings likely to be regularly frequented by
nursing mothers who are members of the uniformed services, civilian
employees of the Department of Defense, contractor personnel, or
visitors include a private nursing and lactation room or other private
space suitable for that purpose.
(b) Deadline.--The Secretary of Defense shall complete the
amendment process required by subsection (a) and implement the amended
UFC 1-4.2 not later than one year after the date of the enactment of
this Act.
SEC. 2842. ADDITIONAL DEPARTMENT OF DEFENSE ACTIVITIES TO IMPROVE
ENERGY RESILIENCY OF MILITARY INSTALLATIONS.
(a) Amendment of Unified Facilities Criteria Required.--The
Secretary of Defense shall amend the Unified Facilities Criteria/DoD
Building Code (UFC 1-200-01) to require that planning and design for
military construction projects inside the United States include
consideration of the feasibility and cost-effectiveness of installing
an energy microgrid as part of the project, including intentional
islanding capability of at least seven consecutive days, for the
purpose of--
(1) promoting on-installation energy security and energy
resilience; and
(2) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title
10, United States Code, as added and amended by section 2825 of
the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283).
(b) Contracts for Emergency Access to Existing On-installation
Renewable Energy Sources.--In the case of a covered renewable energy
generating source located on a military installation pursuant to a
lease of non-excess defense property under section 2667 of title 10,
United States Code, the Secretary of the military department concerned
is encouraged to negotiate with the owner and operator of the renewable
energy generating source to revise the lease contract to permit the
military installation to access the renewable energy generating source
during an emergency. The negotiations shall include consideration of
the ease of modifying the renewable energy generating source to include
an islanding capability, the necessity of additional infrastructure to
tie the renewable energy generating source into the installation energy
grid, and the cost of such modifications and infrastructure.
(c) Definitions.--In this section:
(1) The term ``covered renewable energy generating source''
means a renewable energy generating source that, on the date of
the enactment of this Act--
(A) is located on a military installation inside
the United States; but
(B) cannot be used as a direct source of resilient
energy for the installation in the event of a power
disruption.
(2) The term ``islanding capability'' refers to the ability
to remove an energy system, such as a microgrid, from the local
utility grid and to operate the energy system, at least
temporarily, as an integrated, stand-alone system, during an
emergency involving the loss of external electric power supply.
(3) The term ``microgrid'' means an integrated energy
system consisting of interconnected loads and energy resources
with an islanding capability to permit functioning separate
from the local utility grid.
SEC. 2843. CONSIDERATION OF ANTICIPATED INCREASED SHARE OF ELECTRIC
VEHICLES IN DEPARTMENT OF DEFENSE VEHICLE FLEET AND OWNED
BY MEMBERS OF THE ARMED FORCES AND DEPARTMENT EMPLOYEES.
(a) Amendment of Unified Facilities Criteria Required.--The
Secretary of Defense shall amend the Unified Facilities Criteria/DoD
Building Code (UFC 1-200-01) to require that military construction
planning and design for buildings, including military housing, and
related parking structures and surface lots to be constructed for
military installations inside the United States include the
installation of charging stations for electric vehicles when inclusion
of charging stations is feasible and cost effective given the
anticipated need for charging stations to service electric vehicles in
the Department of Defense vehicle fleet and electric vehicles owned by
members of the Armed Forces and Department employees.
(b) Implementation.--
(1) Source of services.--Each Secretary of a military
department may utilize expertise within the military department
or contract with an outside entity to make the determinations
required by subsections (c) through (f) related to the
installation of charging stations for electric vehicles.
(2) Determinations.--Determinations required by subsections
(c) through (f) shall be a data-driven analysis for the purpose
of enabling alignment between internal and external
stakeholders and addressing key questions regarding the
installation of charging stations, including the composition of
the electric vehicle fleet, ownership costs, and kilowatt hour
load profiles for targeted locations. The parties making these
determinations shall make use of modeling and multiple
scenarios to optimize initial investments and identify priority
locations for investment.
(3) Electric vehicle education-related uses.--In addition
to the determinations required by subsections (c) through (f),
the Secretary of a military department shall consider the
potential benefits in terms of cost and emissions savings of
increasing the use of electric vehicles to transport dependents
of members of the Armed Forces and Department of Defense
employees to facilities of the Defense Department education
activity and the resulting need for additional charging
stations.
(c) Considerations Related to Charging Station Location.--A
determination of whether inclusion of charging stations is feasible and
cost effective as part of a military construction project shall include
consideration of the following:
(1) Calculation of detailed energy profiles of existing
loads at locations to include the impacts of managed and non-
managed charging options.
(2) Local electric vehicle charging profiles, vehicle
traffic patterns and flow to readily access charging stations,
signage needs, proximity to anticipated users of charging
stations, and existing building load profiles.
(3) Availability of adequate space for vehicles awaiting
charging during peak usage times.
(4) Required infrastructure upgrades, including electrical
wiring.
(5) Safety protocols.
(d) Considerations Related to Type and Number of Charging
Stations.--A determination of the type and number of charging stations
to include as part of a military construction project shall include
consideration of the following:
(1) The different capabilities and energy demands between
level 1 charging, level 2 charging, and level 3 charging.
(2) The current and anticipated future distribution of
plug-in hybrid electric vehicles and plug-in electric vehicles
for a proposed charging station location and how many electric
vehicles will need to be charged at the same time.
(3) In the case of level 3 charging, which provides the
fastest charging rates, an assessment of supporting utilities
infrastructure, potential gaps, and required improvements.
(4) The costs and benefits of using a single connector
versus multi-connector units.
(5) The interoperability of chargers and the potential
future needs or applications for chargers, such as vehicle-to-
grid or vehicle-to-building applications.
(e) Considerations Related to Charging Station Ownership.--A
determination of the optimal ownership method to provide charging
stations as part of a military construction project shall include
consideration of the following:
(1) Use of Government owned (purchased, installed, and
maintained) charging stations.
(2) Use of third-party financed, installed, operated, and
maintained charging stations.
(3) Use of financing models in which energy and charging
infrastructure operations and maintenance are treated as a
service.
(4) Network and data collection requirements, including
considerations related to communications with charging and
utility networks, managed charging, grid curtailment, and
electric vehicles as a grid asset.
(5) Cyber and physical security concerns and best practices
associated with different ownership, network, and control
models.
(f) Considerations Related to Power Source.--A determination of the
optimal power source to provide charging stations as part of a military
construction project shall include consideration of the following:
(1) Transformer and substation requirements.
(2) Microgrids and distributed energy to support both
charging requirements and energy storage.
(g) Installation Plans for Charging Stations Required.--
(1) Infrastructure development plans.--For each of fiscal
years 2023 through 2027, each Secretary of a military
department shall complete for at least five military
installations in the United States under the jurisdiction of
the Secretary an infrastructure development plan for the
installation of charging stations for electric vehicles.
(2) Inclusion of electricity microgrid.--Each
infrastructure development plan shall include the use of a
microgrid that will be sufficient--
(A) to cover anticipated electricity demand of
electric vehicles using charging stations included in
the plan; and
(B) to improve installation energy resilience.
(h) Definitions.--In this section:
(1) The term ``charging station'' refers to a collection of
one or more electric vehicle supply equipment units.
(2) The term ``connector'' refers to the socket or cable
that connects an electric vehicle being charged to the electric
vehicle supply equipment unit.
(3) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can
use either gasoline or electricity as a fuel source;
and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion
engine or gas tank.
(4) The term ``electric vehicle supply equipment unit''
refers to the port that supplies electricity to one vehicle at
a time.
(5) The term ``level 1 charging'' refers to an electric
vehicle charging method that provides charging through a 120
volt alternating current plug and supplies approximately two to
five miles of range per hour of charging time.
(6) The term ``level 2 charging'' refers to an electric
vehicle charging method that provides charging through a 240
volt alternating current receptacle, requires a dedicated 40-
Amp circuit and supplies approximately 10 to 20 miles of range
per hour of charging time.
(7) The term ``level 3 charging'', also known as DC Fast
Charging, refers to an electric vehicle charging method that
provides charging via direct current equipment that does not
require a convertor and supplies approximately 60 to 80 miles
of range per 20 min of charging.
(8) The term ``microgrid'' refers to a group of
interconnected loads and distributed energy resources within
clearly defined electrical boundaries that acts as a single
controllable entity with respect to the grid.
SEC. 2844. CONDITIONS ON REVISION OF UNIFIED FACILITIES CRITERIA OR
UNIFIED FACILITIES GUIDE SPECIFICATIONS REGARDING USE OF
VARIABLE REFRIGERANT FLOW SYSTEMS.
(a) Congressional Notification Required.--The Under Secretary of
Defense for Acquisition and Sustainment shall notify the Committee on
Armed Services of the House of Representatives before executing any
revision to the Unified Facilities Criteria/DoD Building Code (UFC 1-
200-01) or Unified Facilities Guide Specifications regarding the use of
variable refrigerant flow systems.
(b) Elements of Effective Notification.--To be effective as
congressional notification for purposes of subsection (a), the notice
submitted by the Under Secretary of Defense for Acquisition and
Sustainment must--
(1) be in writing;
(2) specify the nature of the revision to be made to the
Unified Facility Criteria/DoD Building Code (UFC 1-200-01) or
Unified Facilities Guide Specifications regarding the use of
variable refrigerant flow systems;
(3) explain the justification for the revision; and
(4) be received by the Committee on Armed Services of the
House of Representatives at least 30 days before the revision
takes effect.
SEC. 2845. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE ENERGY
EFFICIENT MILITARY INSTALLATIONS.
(a) Amendment Required.--Not later than September 1, 2022, the
Secretary of Defense shall amend the Unified Facilities Criteria
relating to military construction planning and design to ensure that
building practices and standards of the Department of Defense
incorporate the latest consensus-based codes and standards for energy
efficiency and conservation, including the 2021 International Energy
Conservation Code and the ASHRAE Standard 90.1-2019.
(b) Conditional Availability of Funds.--Not more than 25 percent of
the funds authorized to be appropriated for fiscal year 2022 for
Department of Defense planning and design accounts relating to military
construction projects may be obligated until the date on which the
Secretary of Defense submits to the Committees on Armed Services of the
House of Representatives and the Senate a certification that the
Secretary--
(1) has initiated the amendment process required by
subsection (a); and
(2) intends to complete such process by September 1, 2022.
(c) Implementation of Unified Facilities Criteria Amendments.--
(1) Compliance deadline.--Any Department of Defense Form
1391 submitted to Congress after September 1, 2022 shall comply
with the Unified Facilities Criteria, as amended pursuant to
this section.
(2) Certification.--Not later than March 1, 2023, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate the
completion and full incorporation of the amendments made
pursuant to subsection (a) into military construction planning
and design.
(d) Annual Review Required.--The Secretary of Defense shall conduct
an annual review comparing the Unified Facilities Criteria and industry
best practices for the purpose of ensuring that military construction
building practices and standards of the Department of Defense relating
to military installation energy efficiency and energy conservation
remain up-to-date with the latest consensus-based energy codes and
standards that provide energy savings. Not later than March 1 each
year, the Secretary shall submit the results of the most recent review
to the Committees on Armed Services of the House of Representatives and
the Senate.
Subtitle F--Land Conveyances
SEC. 2851. MODIFICATION OF RESTRICTIONS ON USE OF FORMER NAVY PROPERTY
CONVEYED TO UNIVERSITY OF CALIFORNIA, SAN DIEGO,
CALIFORNIA.
(a) Modification of Original Use Restriction.--Section 3(a) of
Public Law 87-662 (76 Stat. 546) is amended by inserting after
``educational purposes'' the following: ``, which may include
technology innovation and entrepreneurship programs and establishment
of innovation incubators''.
(b) Execution.--If necessary to effectuate the amendment made by
subsection (a), the Secretary of the Navy shall execute and file in the
appropriate office an amended deed or other appropriate instrument
reflecting the modification of restrictions on the use of former Camp
Matthews conveyed to the regents of the University of California
pursuant to Public Law 87-662.
SEC. 2852. LAND CONVEYANCE, JOINT BASE CAPE COD, BOURNE, MASSACHUSETTS.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the Commonwealth of Massachusetts (in this section referred
to as the ``Commonwealth'') all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon and related easements, consisting of approximately
10 acres located on Joint Base Cape Cod, Bourne, Massachusetts.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to valid existing rights and the Commonwealth shall
accept the real property, and any improvements thereon, in its
condition at the time of the conveyance (commonly known as a conveyance
``as is'').
(c) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the Commonwealth shall pay to
the United States an amount equal to the fair market value of
the right, title, and interest conveyed under subsection (a)
based on an appraisal approved by the Secretary.
(2) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the special
account in the Treasury established under subsection (b) of
section 572 of title 40, United States Code, and shall be
available in accordance with paragraph (5)(B) of such
subsection.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Commonwealth to cover all costs (except costs for
environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs for environmental
documentation, and any other administrative costs related to
the conveyance. If amounts are collected from the Commonwealth
in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the Commonwealth.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance or, if the period of
availability for obligations for that appropriation has
expired, to an appropriate fund or account currently available
to the Secretary for the same purpose. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Air
Force.
(f) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2853. LAND CONVEYANCE, ROSECRANS AIR NATIONAL GUARD BASE, SAINT
JOSEPH, MISSOURI.
(a) Conveyance Authorized.--Once the Secretary of the Air Force
determines that the Missouri Air National Guard has vacated the parcel
of real property consisting of approximately 54 acres at Rosecrans Air
National Guard Base located on the southern end of the airfield at
Rosecrans Memorial Airport in Saint Joseph, Missouri, the Secretary may
convey to the City of Saint Joseph, Missouri (in this section referred
to as the ``City''), all right, title, and interest of the United
States in and to that parcel of real property, including any
improvements thereon, for the purpose of--
(1) removing the property from within the boundaries of
Rosecrans Air National Guard Base;
(2) accommodating the operational and maintenance needs of
Rosecrans Memorial Airport; and
(3) permitting the development of the property and any
improvements thereon for economic purposes.
(b) Conditions on Conveyance.--The conveyance of the parcel of
property under subsection (a) shall be subject to any valid existing
rights regarding the property, and the City shall accept the property
and any improvements thereon in their condition at the time of the
conveyance (commonly known as a conveyance ``as is'').
(c) Consideration.--
(1) Consideration required, forms.--As consideration for
the conveyance of the property under subsection (a), the City
shall enter into an agreement with the Secretary--
(A) to convey to the Secretary of the Air Force a
parcel of real property acceptable to the Secretary in
exchange for the property conveyed by the Secretary;
(B) to provide in-kind consideration acceptable to
the Secretary in the form of the construction,
provision, improvement, alteration, protection,
maintenance, repair, or restoration, including
environmental restoration, or a combination thereof, of
any facilities or infrastructure relating to the needs
of the Missouri Air National Guard at Rosecrans Air
National Guard Base; or
(C) to provide a combination of the consideration
authorized by subparagraphs (A) and (B).
(2) Amount of consideration; appraisal.--Except as provided
in paragraph (3), the value of the consideration provided by
the City under paragraph (1) shall be equal to the fair market
value of the right, title, and interest conveyed by the
Secretary under subsection (a), based on one or more appraisals
determined necessary and approved by the Secretary.
(3) Cash equalization payment.--If the value of the
property conveyed by the City or in-kind consideration provided
by the City under paragraph (1), or combination thereof, is
less than the fair market value of the right, title, and
interest conveyed by the Secretary under subsection (a), the
City shall pay to the United States an amount equal to the
difference in the fair market values. Any cash consideration
received under this paragraph shall be--
(A) deposited in the special account in the
Treasury established pursuant to paragraph (5) of
section 572(b) of title 40, United States Code; and
(B) available to the Secretary in accordance with
the subparagraph (B)(ii) of such paragraph.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force may
require the City to cover all costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection
(a), including appraisal and survey costs, costs related to
environmental documentation, and any other administrative costs
related to the conveyance. If amounts paid by the City to the
Secretary in advance exceed the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the costs
were paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Air
Force.
(f) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2854. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA BEACH,
VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Navy may convey to
the School Board of the City of Virginia Beach, Virginia (in
this section referred to as ``VBCPS'') all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 2.77 acres at Naval Air Station Oceana, Virginia
Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772)
for the purpose of permitting VBCPS to use the property for
educational purposes.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph (1)
shall be subject to any easement, restriction, or covenant of
record applicable to the property and in existence on the date
of the enactment of this Act.
(b) Consideration.--
(1) Consideration required; amount.--As consideration for
the conveyance under subsection (a), VBCPS shall pay to the
Secretary of the Navy an amount that is not less than the fair
market value of the property to be conveyed, as determined by
the Secretary. The Secretary's determination of fair market
value shall be final of the property to be conveyed.
(2) Form of consideration.--The consideration required by
paragraph (1) may be in the form of a cash payment, in-kind
consideration as described in paragraph (3), or a combination
thereof, as acceptable to the Secretary. Cash consideration
shall be deposited in the special account in the Treasury
established under section 572 of title 40, United States Code,
and the entire amount deposited shall be available for use in
accordance with subsection (b)(5)(ii) of such section.
(3) In-kind consideration.--The Secretary may accept as in-
kind consideration under this subsection the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure, or
the delivery of services, relating to the needs of Naval Air
Station Oceana.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require VBCPS to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including costs related to environmental and real estate due
diligence, and any other administrative costs related to the
conveyance. If amounts are collected in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess
amount to VBCPS.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance or, if the period of
availability for obligations for that appropriation has
expired, to the fund or account currently available to the
Secretary for the same purpose. Amounts so credited shall be
merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Limitation on Source of Funds.--VBCPS may not use Federal funds
to cover any portion of the costs required by subsections (b) and (c)
to be paid by VBCPS.
(e) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(f) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
Subtitle G--Authorized Pilot Programs
SEC. 2861. PILOT PROGRAM ON INCREASED USE OF MASS TIMBER IN MILITARY
CONSTRUCTION.
(a) Pilot Program Required.--Each Secretary of a military
department shall conduct a pilot program to evaluate the effect that
the use of mass timber as the primary construction material in military
construction may have on the environmental sustainability,
infrastructure resilience, cost effectiveness, and construction
timeliness of military construction.
(b) Project Selection and Locations.--
(1) Minimum number of projects.--Each Secretary of a
military department shall carry out at least one military
construction project under the pilot program.
(2) Project locations.--The pilot program shall be
conducted at military installations in the continental United
States--
(A) that are identified as vulnerable to extreme
weather events; and--
(B) for which a military construction project is
authorized but a request for proposal has not been
released.
(c) Inclusion of Military Unaccompanied Housing Project.--The
Secretaries of the military departments shall coordinate the selection
of military construction projects to be carried out under the pilot
program so that at least one of the military construction projects
involves construction of military unaccompanied housing.
(d) Program Authority.--The Secretary of a military department may
carry out a military construction project under the pilot program using
the authorities available to the Secretary of Defense under section
2914 of title 10, United States Code, regarding military construction
projects for energy resilience, energy security, and energy
conservation.
(e) Duration of Program.--The authority of the Secretary of a
military department to carry out a military construction project under
the pilot program shall expire on September 30, 2024. Any construction
commenced under the pilot program before the expiration date may
continue to completion.
(f) Reporting Requirement.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter through December 31, 2024, the Secretaries of the
military departments shall submit to the congressional defense
committees a report on the progress of the pilot program.
(2) Report elements.--The report shall include the
following:
(A) A description of the status of the military
construction projects selected to be conducted under
the pilot program.
(B) An explanation of the reasons why those
military construction projects were selected.
(C) An analysis of the projected or actual carbon
footprint, resilience to extreme weather events,
construction timeliness, and cost effectiveness of the
military construction projects conducted under the
pilot program using mass timber as compared to other
materials historically used in military construction.
(D) Any updated guidance the Under Secretary of
Defense for Acquisition and Sustainment has released in
relation to the procurement policy for future military
construction projects based on comparable benefits
realized from use of mass timber, including guidance on
prioritizing sustainable materials in establishing
evaluation criteria for military construction project
contracts when technically feasible.
(g) Mass Timber Defined.--In this section, the term ``mass timber''
includes the following:
(1) Cross-laminated timber.
(2) Nail-laminated timber.
(3) Glue-laminated timber.
(4) Laminated strand lumber.
(5) Laminated veneer lumber.
SEC. 2862. PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE BUILDING
MATERIALS IN MILITARY CONSTRUCTION.
(a) Pilot Program Required.--Each Secretary of a military
department shall conduct a pilot program to evaluate the effect that
the use of sustainable building materials as the primary construction
material in military construction may have on the environmental
sustainability, infrastructure resilience, cost effectiveness, and
construction timeliness of military construction.
(b) Project Selection and Locations.--
(1) Minimum number of projects.--Each Secretary of a
military department shall carry out at least one military
construction project under the pilot program.
(2) Project locations.--The pilot program shall be
conducted at military installations in the continental United
States--
(A) that are identified as vulnerable to extreme
weather events; and--
(B) for which a military construction project is
authorized but a request for proposal has not been
released.
(c) Inclusion of Military Unaccompanied Housing Project.--The
Secretaries of the military departments shall coordinate the selection
of military construction projects to be carried out under the pilot
program so that at least one of the military construction projects
involves construction of military unaccompanied housing.
(d) Duration of Program.--The authority of the Secretary of a
military department to carry out a military construction project under
the pilot program shall expire on September 30, 2024. Any construction
commenced under the pilot program before the expiration date may
continue to completion.
(e) Reporting Requirement.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter through December 31, 2024, the Secretaries of the
military departments shall submit to the congressional defense
committees a report on the progress of the pilot program.
(2) Report elements.--The report shall include the
following:
(A) A description of the status of the military
construction projects selected to be conducted under
the pilot program.
(B) An explanation of the reasons why those
military construction projects were selected.
(C) An analysis of the projected or actual carbon
footprint over the full life cycle of the sustainable
building material, resilience to extreme weather
events, construction timeliness, and cost effectiveness
of the military construction projects conducted under
the pilot program using sustainable building materials
as compared to other materials historically used in
military construction.
(D) Any updated guidance the Under Secretary of
Defense for Acquisition and Sustainment has released in
relation to the procurement policy for future military
construction projects based on comparable benefits
realized from use of sustainable building materials,
including guidance on prioritizing sustainable
materials in establishing evaluation criteria for
military construction project contracts when
technically feasible.
(f) Sustainable Building Materials Defined.--In this section, the
term ``sustainable building material'' means any building material the
use of which will reduce carbon emissions over the life cycle of the
building. The term includes mass timber, concrete, and other carbon
reducing materials.
SEC. 2863. PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR REIMBURSEMENT
FOR USE OF TESTING FACILITIES AT INSTALLATIONS OF THE
DEPARTMENT OF THE AIR FORCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall establish a
pilot program to authorize installations of the Department of the Air
Force to establish a reimbursable account for the purpose of being
reimbursed for the use of testing facilities on such installation.
(b) Installations Selected.--The Secretary of the Air Force shall
select not more than two installations of the Department of the Air
Force to participate in the pilot program under subsection (a) from
among any such installations that are part of the Air Force Flight Test
Center construct and are currently funded for Facility, Sustainment,
Restoration, and Modernization (FSRM) through the Research,
Development, Test, and Evaluation account of the Department of the Air
Force.
(c) Oversight of Funds.--For each installation selected for the
pilot program under subsection (a), the commander of such installation
shall have direct oversight over 50 percent of the funds allocated to
the installation for Facility, Sustainment, Restoration, and
Modernization and the Commander of the Air Force Civil Engineer Center
shall have direct oversight over the remaining 50 percent of such
funds.
(d) Briefing and Report.--
(1) Briefing.--Not later than 30 days after establishing
the pilot program under subsection (a), the Secretary of the
Air Force shall brief the congressional defense committees on
the pilot program.
(2) Annual report.--Not later than one year after
establishing the pilot program under subsection (a), and
annually thereafter, the Secretary of the Air Force shall
submit to the congressional defense committees a report on the
pilot program.
(e) Termination.--The pilot program under subsection (a) shall
terminate on December 1, 2026.
SEC. 2864. PILOT PROGRAM TO EXPEDITE 5G TELECOMMUNICATIONS ON MILITARY
INSTALLATIONS THROUGH DEPLOYMENT OF TELECOMMUNICATIONS
INFRASTRUCTURE.
(a) Pilot Program Required.--Not later than one year after the date
of the enactment of this Act, each Secretary of a military department
shall establish a pilot program to evaluate the feasibility of
deploying telecommunications infrastructure to expedite the
availability of 5G telecommunications on military installations.
(b) Selection of Program Sites.--
(1) In general.--Each Secretary of a military department
shall select at least one military installation under the
jurisdiction of the Secretary as a location at which to conduct
the pilot program.
(2) Priority.--In selecting a military installation as a
location for the pilot program, the Secretary of a military
department shall prioritize military installations that are
located in close proximity to other military installations,
whether or not the other installations are under the
jurisdiction of that Secretary.
(c) Implementation Report.--Not later than six months after the
establishment of the pilot program by the Secretary of a military
department, that Secretary shall submit to the congressional defense
committees a report containing the following:
(1) A list of the military installations selected by that
Secretary as locations for the pilot program.
(2) A description of authorities used to execute the pilot
program.
(3) The number and identity of telecommunication carriers
that intend to use the telecommunications infrastructure
deployed pursuant to the pilot program to provide 5G
telecommunication services at the selected military
installations.
(4) An assessment of the need to have centralized processes
and points of contacts or additional authorities, to facilitate
deployment of telecommunications infrastructure.
(d) Telecommunications Infrastructure Defined.--In this section,
the term ``telecommunications infrastructure'' includes, but is not
limited to, the following:
(1) Macro towers.
(2) Small cell poles.
(3) Distributed antenna systems.
(4) Dark fiber.
(5) Power solutions.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
SEC. 2871. IMPROVED OVERSIGHT OF CERTAIN INFRASTRUCTURE SERVICES
PROVIDED BY NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND
PACIFIC.
The Secretary of the Navy shall designate an administrative
position within the Naval Facilities Engineering Systems Command
Pacific for the purpose of improving the continuity of management and
oversight of real property and infrastructure assets in the Pacific
Area of Responsibility related to the training needs of the Armed
Forces, particularly regarding leased property for which the lease will
expire within 10 years after the date of the enactment of this Act.
SEC. 2872. ANNUAL REPORT ON RENEWAL OF DEPARTMENT OF DEFENSE EASEMENTS
AND LEASES OF LAND IN HAWAI`I.
(a) Findings.--Congress finds the following:
(1) Lands throughout the State of Hawai'i, which are
currently owned and leased by the Department of Defense or in
which the Department of Defense otherwise has a real property
interest, are critical to maintaining the readiness of the
Armed Forces now stationed or to be stationed in Hawai'i and
throughout the Indo-Pacific region and elsewhere.
(2) Securing long-term continued utilization of those lands
by the Armed Forces is thus critical to the national defense.
(3) As a result of various factors, including complex land
ownership and utilization issues and competing actual and
potential uses, the interdependency of the various military
components, and the necessity of maintaining public support for
the presence and operations of the Armed Forces in Hawai'i, the
realization of the congressional and Department of Defense
goals of ensuring the continuity of critical land and
facilities infrastructure requires a sustained, dedicated,
funded, top-level effort to coordinate realization of these
goals across the Armed Forces, between the Department of
Defense and other agencies of the Federal Government, and
between the Department of Defense and the State of Hawai'i and
its civilian sector.
(4) The end result of this effort must account for military
and civilian concerns and for the changing missions and needs
of all components of the Armed Forces stationed or otherwise
operating out of the State of Hawai`i as the Department of
Defense adjusts to meet the objectives outlined in the National
Defense Strategy.
(b) Annual Report.--
(1) Report required.--Not later than February 1 of each
year, the Secretary of Defense shall submit to the
congressional defense committee a report describing the
progress being made by the Department of Defense to renew each
Department of Defense land lease and easement in the State of
Hawai`i that--
(A) encompasses one acre or more; and
(B) will expire within 10 years after the date of
the submission of the report.
(2) Report elements.-- Each report submitted under
paragraph (1) shall include the following:
(A) The location, size, and expiration date of each
lease and easement.
(B) Major milestones and expected timelines for
maintaining access to the land covered by each lease
and easement.
(C) Actions completed over the preceding two years
for each lease and easement.
(D) Department-wide and service-specific
authorities governing each lease and easement
extension.
(E) A summary of coordination efforts between the
Secretary of Defense and the Secretaries of the
military departments.
(F) The status of efforts to develop an inventory
of military land in Hawai`i, including current and
possible future uses of the land, that would assist in
land negotiations with the State of Hawai`i.
(G) The risks and potential solutions to ensure the
renewability of required and critical leases and
easements.
SEC. 2873. REPORT ON LONG-TERM INFRASTRUCTURE NEEDS TO SUPPORT MARINE
CORPS REALIGNMENT IN UNITED STATES INDO-PACIFIC COMMAND
AREA OF RESPONSIBILITY.
Not later than one year after the date of the enactment of this
Act, the Deputy Commandant, Installations and Logistics, of the Marine
Corps shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report listing and describing the
infrastructure that will be needed to directly support the Marine Corps
realignment in the United States Indo-Pacific Command Area of
Responsibility. The report shall include the known or estimated scope,
cost, and schedule for each military construction project, repair
project, or other infrastructure project included on the infrastructure
list.
SEC. 2874. FIVE-YEAR UPDATES OF HAWAI`I MILITARY LAND USE MASTER PLAN.
(a) Findings.--Congress finds the following:
(1) The continued presence of the Armed Forces and
Department of Defense in the State of Hawai`i supports the
United State's objective of a free and open Indo-Pacific
region.
(2) Given the strategic location of Hawai`i in the central
Pacific, the State is home to the United States Indo-Pacific
Command and all of its subcomponent commanders.
(3) The Armed Forces and Department of Defense presence in
Hawai`i is extensive and significant despite the limited
geography of the State.
(b) Sense of Congress.--Given the extent and significance of the
Armed Forces and Department of Defense presence in Hawai`i and the
limited geography of the State, it is the sense of Congress that the
Secretary of Defense should--
(1) synchronize all of the Armed Forces' training
activities, land holdings, and operations for the most
efficient use and stewardship of land in Hawai`i; and
(2) ensure that the partnership between the DoD and State
of Hawai`i is mutually advantageous and based on the following
principles:
(A) Respect for the land, people, and culture of
Hawai`i.
(B) Commitment to building strong, resilient
communities.
(C) Maximum joint use of Department of Defense land
holdings.
(D) Optimization of existing Armed Forces training,
operational, and administrative facilities.
(E) Synchronized communication from United States
Indo-Pacific Command across all military components
with State government, State agencies, county
governments, communities, and Federal agencies on
critical land and environmental topics.
(c) Required Update of Master Plan.--
(1) Plan update required.--Not later than December 31,
2025, and every five years thereafter through December 31,
2045, the Deputy Assistant Secretary of Defense for Real
Property shall update the Hawai`i Military Land Use Master
Plan, which was first produced by the Department of Defense in
1995 and updated in 2002 and 2021.
(2) Elements.--In updating the Hawai`i Military Land Use
Master Plan, the Deputy Assistant Secretary of Defense for Real
Property shall consider, address, and include the following:
(A) The priorities of each individual Armed Force
and joint priorities within the State of Hawai`i.
(B) The historical background of Armed Forces and
Department of Defense use of lands in Hawai`i and the
cultural significance of the historical land holdings.
(C) A summary of all leases and easements held by
the Department.
(D) An overview of Army, Navy, Marine Corps, Air
Force, Space Force, Coast Guard, Hawai`i National
Guard, and Hawai`i Air National Guard assets in the
State, including the following for each asset:
(i) The location and size of facilities.
(ii) Any tenet commands.
(iii) Training lands.
(iv) Purpose of the asset.
(v) Priorities for the asset for the next
five years, including any planned divestitures
and expansions.
(E) A summary of encroachment planning efforts.
(F) A summary of efforts to synchronize the inter-
service use of training lands and ranges.
(3) Cooperation.--The Deputy Assistant Secretary of Defense
for Real Property shall carry out this subsection in
conjunction with the Commander of United States Indo-Pacific
Command.
(d) Submission of Updated Plan.--Not later than 30 days after the
date of the completion of an update to the Hawai`i Military Land Use
Master Plan under subsection (c), the Deputy Assistant Secretary of
Defense for Real Property shall submit the updated master plan to the
Committees on Armed Services of the Senate and the House of
Representatives.
Subtitle I--Miscellaneous Studies and Reports
SEC. 2881. IDENTIFICATION OF ORGANIC INDUSTRIAL BASE GAPS AND
VULNERABILITIES RELATED TO CLIMATE CHANGE AND DEFENSIVE
CYBERSECURITY CAPABILITIES.
Section 2504(3)(B) of title 10, United States Code, is amended--
(1) by redesignating clauses (i), (ii), and (iii) as
clauses (ii), (iii), and (iv); and
(2) by inserting before clause (ii), as so redesignated,
the following new clause:
``(i) gaps and vulnerabilities related to--
``(I) current and projected impacts
of climate change; and
``(II) defensive cybersecurity
capabilities;''.
SEC. 2882. REPORT ON RECOGNITION OF AFRICAN AMERICAN SERVICEMEMBERS IN
DEPARTMENT OF DEFENSE NAMING PRACTICES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report containing the following information:
(1) A description of current Department of Defense naming
conventions for military installations, infrastructure,
vessels, and weapon systems.
(2) A list of all military installations (including reserve
component facilities), infrastructure (including reserve
component infrastructure), vessels, and weapon systems that are
currently named after African Americans who served in the Armed
Forces.
(3) An explanation of the steps being taken to recognize
the service of African Americans who have served in the Armed
Forces with honor, heroism, and distinction by increasing the
number of military installations, infrastructure, vessels, and
weapon systems named after deserving African American members
of the Armed Forces.
Subtitle J--Other Matters
SEC. 2891. CLARIFICATION OF INSTALLATION AND MAINTENANCE REQUIREMENTS
REGARDING FIRE EXTINGUISHERS IN DEPARTMENT OF DEFENSE
FACILITIES.
Section 2861 of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. _) is
amended by striking ``requirements of national model fire codes
developed by the National Fire Protection Association and the
International Code Council'' and inserting ``NFPA 1, Fire Code of the
National Fire Protection Association and applicable requirements of the
international building code and international fire code of the
International Code Council''.
TITLE XXIX--ADDITIONAL MILITARY CONSTRUCTION PROJECTS RELATED TO
SCIENCE, TECHNOLOGY, TEST, AND EVALUATION
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Army may acquire real property and carry out
the military construction projects related to science, technology,
test, and evaluation for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army Projects
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland...................................... Aberdeen Proving Ground........................ $29,000,000
Fort Detrick................................... $94,000,000
Mississippi................................... Engineering Research and Development Center.... $49,000,000
New Mexico.................................... White Sands Missile Range...................... $43,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Navy may acquire real property and carry out
the military construction projects related to science, technology,
test, and evaluation for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy Projects
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Naval Information Warfare Center Pacific....... $49,970,000
District of Columbia.......................... Naval Research Laboratory...................... $556,030,000
Florida....................................... Naval Surface Warfare Center Panama City....... $83,820,000
Indiana....................................... Naval Surface Warfare Center Crane............. $86,920,000
Maryland...................................... Naval Air Warfare Division..................... $121,190,000
Naval Surface Warfare Center Carderock......... $45,440,000
Naval Surface Warfare Center Indian Head $132,030,000
Explosive Ordnance Disposal Technology
Division......................................
Pennsylvania.................................. Naval Surface Warfare Division Philadelphia.... $160,040,000
Rhode Island.................................. Naval Undersea Warfare Center Newport.......... $129,860,000
Virginia...................................... Naval Surface Warfare Center Dahlgren.......... $98,670,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Air Force may acquire real property and carry
out the military construction projects related to science, technology,
test, and evaluation for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Air Force Projects
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Edwards Air Force Base......................... $103,000,000
Florida....................................... Eglin Air Force Base........................... $662,000,000
Hawaii........................................ Maui Experimental Site......................... $88,000,000
New Mexico.................................... Holloman Air Force Base........................ $186,600,000
Kirtland Air Force Base........................ $138,000,000
Ohio.......................................... Wright-Patterson Air Force Base................ $378,000,000
Tennessee..................................... Arnold Air Force Base.......................... $120,618,000
Texas......................................... Joint Base San Antonio-Fort Sam Houston........ $113,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2904. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2021, for the military construction
projects related to science, technology, test, and evaluation
authorized by this title, as specified in the funding table in section
4601.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE I--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2022 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 22-D-513, Power Sources Capability, Sandia National
Laboratories, Albuquerque, New Mexico, $13,827,000.
Project 22-D-514, Digital Infrastructure Capability
Expansion, Lawrence Livermore National Laboratory, Livermore,
California, $8,000,000.
Project 22-D-531, KL Chemistry and Radiological Health
Building, Knolls Atomic Power Laboratory, Schenectady, New
York, $41,620,000.
Project 22-D-532, KL Security Upgrades, Knolls Atomic Power
Laboratory, Schenectady, New York, $5,100,000.
Shipping & Receiving (Exterior), Los Alamos National
Laboratory, Los Alamos, New Mexico, $9,700,000.
TCAP Restoration Column A, Savannah River Site, Aiken,
South Carolina, $4,700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2022 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 22-D-401, 400 Area Fire Station, Hanford Site, Richland,
Washington, $15,200,000.
Project 22-D-402, 200 Area Water Treatment Facility, Hanford Site,
Richland, Washington, $12,800,000.
Project 22-D-403, Idaho Spent Nuclear Fuel Staging Facility, Idaho
National Laboratory, Idaho Falls, Idaho, $3,000,000.
Project 22-D-404, Additional ICDF Landfill Disposal Cell and
Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls,
Idaho, $5,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2022 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2022 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
SEC. 3111. IMPROVEMENTS TO ANNUAL REPORTS ON CONDITION OF THE UNITED
STATES NUCLEAR WEAPONS STOCKPILE.
Section 4205(e)(3) of the Atomic Energy Defense Act (50 U.S.C.
2525(e)(3)) is amended--
(1) in subparagraph (A), by inserting ``, including with
respect to cyber assurance,'' after ``methods''; and
(2) in subparagraph (B), by inserting ``, and the
confidence of the head in,'' after ``adequacy of''.
SEC. 3112. MODIFICATIONS TO CERTAIN REPORTING REQUIREMENTS.
(a) Notification of Employee Practices Affecting National
Security.--Section 3245 of the National Nuclear Security Administration
Act (50 U.S.C. 2443) is amended by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) Annual Notification of Security Clearance Revocations.--At or
about the time that the President's budget is submitted to Congress
under section 1105(a) of title 31, United States Code, the
Administrator shall notify the appropriate congressional committees
of--
``(1) the number of covered employees whose security
clearance was revoked during the year prior to the year in
which the notification is made; and
``(2) for each employee counted under paragraph (1), the
length of time such employee has been employed at the
Administration, as the case may be, since such revocation.
``(b) Annual Notification of Terminations and Removals.--Not later
than December 31 of each year, the Administrator shall notify the
appropriate congressional committees of each instance in which the
Administrator terminated the employment of a covered employee or
removed and reassigned a covered employee for cause during that
year.''.
(b) Plan for Construction and Operation of MOX Facility.--Section
4306 of the Atomic Energy Defense Act (50 U.S.C. 2566) is amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) through (h) as
subsections (a) through (f), respectively.
(c) Reports on Certain Transfers of Civil Nuclear Technology.--
Section 3136 of the National Defense Authorization Act for Fiscal Year
2016 (42 U.S.C. 2077a) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (i) as
subsections (a) through (h), respectively; and
(3) in subsection (b)(2), as so redesignated, by striking
``each report under subsection (a) and''.
(d) Certain Annual Reviews by Nuclear Science Advisory Committee.--
Section 3173(a)(4)(B) of the National Defense Authorization Act for
Fiscal Year 2013 (42 U.S.C. 2065(a)(4)(B)) is amended by striking
``annual reviews'' and inserting ``reviews during even-numbered
years''.
(e) Conforming Amendment.--Section 161 n. of the Atomic Energy Act
of 1954 (42 U.S.C. 2201(n)) is amended by striking ``(as defined in
section 3136(i) of the National Defense Authorization Act for Fiscal
Year 2016 (42 U.S.C. 2077a(i)))'' and inserting ``(as defined in
section 3136(h) of the National Defense Authorization Act for Fiscal
Year 2016 (42 U.S.C. 2077a(h)))''.
SEC. 3113. PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Certifications.--Section 4219 of the Atomic Energy Defense Act
(50 U.S.C. 2538a) is amended by adding at the end the following new
subsections:
``(d) Certifications on Plutonium Enterprise.--
``(1) Requirement.--Not later than 30 days after the date
on which a covered project achieves a critical decision
milestone, the Assistant Secretary for Environmental Management
and the Deputy Administrator for Defense Programs shall jointly
certify to the congressional defense committees that the
operations, infrastructure, and workforce of such project is
adequate to carry out the delivery and disposal of planned
waste shipments relating to the plutonium enterprise, as
outlined in the critical decision memoranda of the Department
of Energy with respect to such project.
``(2) Failure to certify.--If the Assistant Secretary for
Environmental Management and the Deputy Administrator for
Defense Programs fail to make a certification under paragraph
(1) by the date specified in such paragraph with respect to a
covered project achieving a critical decision milestone, the
Assistant Secretary and the Deputy Administrator shall jointly
submit to the congressional defense committees, by not later
than 30 days after such date, a plan to ensure that the
operations, infrastructure, and workforce of such project will
be adequate to carry out the delivery and disposal of planned
waste shipments described in such paragraph.
``(e) Reports.--
``(1) Requirement.--Not later than March 1 of each year
during the period beginning on the date on which the first
covered project achieves critical decision 2 in the acquisition
process and ending on the date on which the second project
achieves critical decision 4 and begins operations, the
Administrator for Nuclear Security shall submit to the
congressional defense committees a report on the production
goals of both covered projects during the first 10 years of the
operation of the projects.
``(2) Elements.--Each report under paragraph (1) shall
include, with respect to the covered projects and the 10 years
covered by the report--
``(A) the number of war reserve plutonium pits
planned to be produced during each year, including the
associated warhead type;
``(B) a description of risks and challenges to
meeting the performance baseline for the projects, as
approved in critical decision 2 in the acquisition
process;
``(C) options available to the Administrator to
balance scope, costs, and production requirements at
the projects to decrease overall risk to the plutonium
enterprise and enduring plutonium pit requirements; and
``(D) an explanation of any changes to the
production goals or requirements as compared to the
report submitted during the previous year.
``(f) Covered Project Defined.--In this subsection, the term
`covered project' means--
``(1) the Savannah River Plutonium Processing Facility,
Savannah River Site, Aiken, South Carolina (Project 21-D-511);
or
``(2) the Plutonium Pit Production Project, Los Alamos
National Laboratory, Los Alamos, New Mexico (Project 21-D-
512).''.
(b) Briefing.--Not later than May 1, 2022, the Administrator for
Nuclear Security and the Director for Cost Estimating and Program
Evaluation shall jointly provide to the congressional defense
committees a briefing on the ability of the National Nuclear Security
Administration to carry out the plutonium enterprise of the
Administration, including with respect to the adequacy of the program
management staff of the Administration to execute covered projects (as
defined in subsection (f) of section 4219 of the Atomic Energy Defense
Act (50 U.S.C. 2538a), as amended by subsection (a)).
SEC. 3114. REPORT ON RUNIT DOME AND RELATED HAZARDS.
(a) Report.--
(1) Agreement.--The Secretary of the Interior shall seek to
enter into an agreement with an entity to prepare a report on--
(A) the effects of climate change on the Runit Dome
nuclear waste disposal site in Enewetak Atoll, Marshall
Islands; and
(B) other environmental hazards created by the
United States relating to nuclear bomb and other
weapons testing in the vicinity of Enewetak Atoll.
(2) Independent entity.--The Secretary shall select an
entity under paragraph (1) that is not part of the Federal
Government.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A detailed scientific analysis of any threats to the
environment, and to the health and safety, of the residents of
Enewetak Atoll posed by each of--
(A) the Runit Dome nuclear waste disposal site;
(B) crypts used to contain nuclear waste and other
toxins on Enewetak Atoll;
(C) radionuclides and other toxins present in the
lagoon of Enewetak Atoll, including areas in the lagoon
where nuclear waste was dumped;
(D) radionuclides and other toxins, including
beryllium, which may be present on the islands of
Enewetak Atoll as a result of nuclear tests and other
activities of the Federal Government, including tests
of chemical and biological warfare agents, rocket
tests, contaminated aircraft landing on Enewetak
Island, and nuclear cleanup activities;
(E) radionuclides and other toxins that may be
present in the drinking water on Enewetak Island or in
the water source for the desalination plant; and
(F) radionuclides and other toxins that may be
present in the ground water under and in the vicinity
of the Runit Dome nuclear waste disposal site.
(2) A detailed scientific analysis of the extent to which
rising sea levels, severe weather events, and other effects of
climate change might exacerbate any of the threats identified
under paragraph (1).
(3) A detailed plan, including costs, to relocate all of
the nuclear waste and other toxic waste contained in--
(A) the Runit Dome nuclear waste disposal site;
(B) all of the crypts on Enewetak Atoll containing
such waste; and
(C) the three dumping areas in Enewetak's lagoon to
a safe, secure facility to be constructed in an
uninhabited, unincorporated territory of the United
States.
(c) Marshallese Participation.--The Secretary shall ensure that
scientists or other experts selected by the Government of the Marshall
Islands are able to participate in all aspects of the preparation of
the report under subsection (a), including, at a minimum, with respect
to developing the work plan, identifying questions, conducting
research, and collecting and interpreting data.
(d) Submission and Publication.--
(1) Federal register.--The Secretary shall publish the
report under subsection (a) in the Federal Register for public
comment for a period of not fewer than 60 days.
(2) Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to
Congress the report under subsection (a).
(3) Public availability.--The Secretary shall publish on a
publicly available internet website the report under subsection
(a) and the results of the public comments pursuant to
paragraph (1).
SEC. 3115. UNIVERSITY-BASED NUCLEAR NONPROLIFERATION COLLABORATION
PROGRAM.
Title XLIII of the Atomic Energy Defense Act (50 U.S.C. 2565 et
seq.) is amended by adding at the end the following new section (and
conforming the table of contents accordingly):
``SEC. 4312. UNIVERSITY-BASED DEFENSE NUCLEAR NONPROLIFERATION
COLLABORATION PROGRAM.
``(a) Program.--The Administrator shall carry out a program under
which the Administrator establishes a policy research consortium of
institutions of higher education and nonprofit entities in support of
implementing and innovating the defense nuclear nonproliferation
programs of the Administration. The Administrator shall establish and
carry out such program in a manner similar to the program established
under section 4814.
``(b) Purposes.--The purposes of the consortium under subsection
(a) are as follows:
``(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding defense
nuclear nonproliferation programs.
``(2) To maintain open-source databases on issues relevant
to understanding defense nuclear nonproliferation, arms
control, and nuclear security.
``(3) To facilitate the collaboration of research centers
of excellence relating to defense nuclear nonproliferation to
better distribute expertise to specific issues and scenarios
regarding such threats.
``(c) Duties.--
``(1) Support.--The Administrator shall ensure that the
consortium established under subsection (a) provides support to
individuals described in paragraph (2) through the use of
nongovernmental fellowships, scholarships, research
internships, workshops, short courses, summer schools, and
research grants.
``(2) Individuals described.--The individuals described in
this paragraph are graduate students, academics, and policy
specialists, who are focused on policy innovation related to--
``(A) defense nuclear nonproliferation;
``(B) arms control;
``(C) nuclear deterrence;
``(D) the study of foreign nuclear programs;
``(E) nuclear security; or
``(F) educating and training the next generation of
defense nuclear nonproliferation policy experts.''.
SEC. 3116. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR RETIRE
W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2022 for the National Nuclear Security
Administration may be obligated or expended to reconvert or retire a
W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may waive the
prohibition in subsection (a) if the Administrator, in consultation
with the Secretary of Defense, the Director of National Intelligence,
and the Chairman of the Joint Chiefs of Staff, certifies to the
congressional defense committees that Russia and China do not possess
naval capabilities similar to the W76-2 warhead in the active
stockpiles of the respective country.
SEC. 3117. DEPARTMENT OF ENERGY STUDY ON THE W80-4 NUCLEAR WARHEAD LIFE
EXTENSION PROGRAM.
(a) Department of Energy Study.--Not later than 30 days after the
date of the enactment of this Act, the Director for Cost Estimation and
Program Evaluation shall conduct a study on the W80-4 nuclear warhead
life extension program.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An explanation of the unexpected increase in cost of
the W80-4 nuclear warhead life extension program.
(2) An analysis of--
(A) the future costs of the program; and
(B) schedule requirements.
(3) An analysis of the impacts on other programs as a
result of the additional funding for W80-4, including--
(A) life-extension programs;
(B) infrastructure programs; and
(C) research, development, test, and evaluation
programs.
(4) An analysis of the impacts that a delay of the program
will have on other programs due to--
(A) technical or management challenges; and
(B) changes in requirements for the program.
(c) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Director shall submit to the
congressional defense committees the study under subsection (a),
without change.
(d) Form.--The study under subsection (a) shall be in unclassified
form, but may include a classified annex.
SEC. 3118. RELEASE OF REVERSIONARY INTEREST IN CERTAIN REAL PROPERTY,
SPRINGFIELD, OHIO.
(a) Release of Reversionary Interest Authorized.--Subject to
subsection (b), the Secretary of Energy may release, without
reimbursement or other consideration, a reversionary interest acquired
by the United States when the National Nuclear Security Administration
made a grant to support the acquisition of real property and
construction of infrastructure located at 4170 Allium Court in
Springfield, Ohio.
(b) Condition on Release.--The authority of the Secretary of Energy
to release the reversionary interest described in subsection (a) is
conditioned on, and may be exercised only after, the acquisition of
title to the real property subject to the reversionary interest by the
Community Improvement Corporation of Clark County, a nonprofit entity
created by the City of Springfield, Ohio, Clark County, Ohio, and the
Chamber of Commerce in the County.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2022,
$31,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. TECHNICAL AMENDMENTS REGARDING CHAIR AND VICE CHAIR OF
DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et
seq.) is amended--
(1) in section 311 (42 U.S.C. 2286)--
(A) in subsection (c)(4), by striking ``the office
of Chairman'' and inserting ``the office of the
Chair''; and
(B) by striking ``Chairman'' each place it appears
(including in the heading of subsection (c)) and
inserting ``Chair''; and
(2) in section 313 (42 U.S.C. 2286b), by striking
``Chairman'' each place it appears and inserting ``Chair''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to the
Department of Transportation for fiscal year 2022, to be available
without fiscal year limitation if so provided in appropriations Acts,
for programs associated with maintaining the United States merchant
marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $90,532,000, of which--
(A) $85,032,000 shall be for Academy operations;
and
(B) $5,500,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $358,300,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2026, for the Student Incentive Program;
and
(B) $30,500,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $315,600,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,853,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of title
46, United States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as
defined in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees
under the program; and
(B) $3,000,000 may be used for administrative
expenses relating to loan guarantee commitments under
the program.
(8) For expenses necessary to provide for the Tanker
Security Fleet, as authorized under chapter 534 of title 46,
United States Code, $60,000,000, to remain available until
expended.
(9) For expenses necessary to support maritime
environmental and technical assistance activities authorized
under section 50307 of title 46, United States Code,
$6,000,000, of which $3,000,000 is authorized to carry out
activities related to port and vessel air emission reduction
technologies, including zero emissions technologies.
(10) For expenses necessary to support marine highway
program activities authorized under chapter 556 of such title,
$11,000,000.
(11) For expenses necessary to provide assistance to small
shipyards authorized under section 54101 of title 46, United
States Code, $20,000,000.
(12) For expenses necessary to support port development
activities authorized under subsections (a) and (b) of section
54301 of such title (as added by this title), $750,000,000.
(b) Limitation.--No amounts authorized under subsection (a)(11) may
be used to provide a grant to purchase fully automated cargo handling
equipment that is remotely operated or remotely monitored with or
without the exercise of human intervention or control, if the Secretary
determines such equipment would result in a net loss of jobs within a
port or port terminal.
(c) Support for National Maritime Heritage Grants Program.--Of the
funds authorized to be appropriated by subsection (a)(4), not more than
$10,000,000 may be made available to support the National Maritime
Heritage Grants Program established under section 308703 of title 54,
United States Code.
SEC. 3502. MARITIME ADMINISTRATION.
(a) In General.--
(1) Part A of subtitle V of title 46, United States Code,
is amended by inserting before chapter 501 the following:
``CHAPTER 500--MARITIME ADMINISTRATION
``Sec.
``50001. Maritime Administration.
``Sec. 50001. Maritime Administration''.
(2) Section 109 of title 49, United States Code, is
redesignated as section 50001 of title 46, United States Code,
and transferred to appear in chapter 500 of such title (as
added by paragraph (1)).
(b) Clerical Amendments.--
(1) The table of chapters for subtitle V of title 46,
United States Code, as amended by this title, is further
amended by inserting before the item relating to chapter 501
the following:
``500. Maritime Administration.............................. 50001''.
(2) The analysis for chapter 1 of title 49, United States
Code, is amended by striking the item relating to section 109.
Subtitle B--Other Matters
SEC. 3511. EFFECTIVE PERIOD FOR ISSUANCE OF DOCUMENTATION FOR
RECREATIONAL VESSELS.
Section 12105(e)(2) of title 46, United States Code, is amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--The owner or operator of a
recreational vessel may choose a period of
effectiveness of between 1 and 5 years for a
certificate of documentation for a recreational vessel
or the renewal thereof.''; and
(2) by redesignating subparagraph (C) as subparagraph (B).
SEC. 3512. AMERICA'S MARINE HIGHWAY PROGRAM.
(a) America's Marine Highway Program.--Section 55601 of title 46,
United States Code, is amended to read as follows:
``Sec. 55601. America's marine highway program
``(a) Program.--
``(1) In general.--The Secretary of Transportation shall--
``(A) establish a marine highway program to be
known as America's marine highway program;
``(B) designate marine highway routes under
subsection (c);
``(C) designate marine highway transportation
projects under subsection (d); and
``(D) subject to the availability of
appropriations, provide assistance under subsection
(e).
``(2) Program activities.--In carrying out the marine
highway program established under paragraph (1), the Secretary
may--
``(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and
the private sector on the development of landside
facilities and infrastructure to support marine highway
transportation;
``(B) develop performance measures for such marine
highway program;
``(C) collect and disseminate data for the
designation and delineation of marine highway
transportation routes under subsection (c); and
``(D) conduct research on solutions to impediments
to marine highway transportation projects designated
under subsection (d).
``(b) Criteria.--Routes designated under subsection (c) and
projects designated under subsection (d) shall--
``(1) provide a coordinated and capable alternative to
landside transportation;
``(2) mitigate or relieve landside congestion; or
``(3) promote marine highway transportation.
``(c) Marine Highway Transportation Routes.--The Secretary shall
designate marine highway transportation routes that meet the criteria
established in subsection (b) as extensions of the surface
transportation system.
``(d) Project Designation.--The Secretary may designate a project
that meets the criteria established in subsection (b) to be a marine
highway transportation project if the Secretary determines that such
project uses vessels documented under chapter 121 and--
``(1) develops, expands or promotes--
``(A) marine highway transportation services;
``(B) shipper utilization of marine highway
transportation; or
``(C) port and landside infrastructure for which
assistance is not available under section 54301; or
``(2) implements strategies developed under section 55603.
``(e) Assistance.--
``(1) In general.--The Secretary may make grants, or enter
into contracts or cooperative agreements, to implement projects
or components of a project designated under subsection (d).
``(2) Application.--To receive a grant or enter into a
contract or cooperative agreement under the program, an
applicant shall--
``(A) submit an application to the Secretary in
such form and manner, at such time, and containing such
information as the Secretary may require; and
``(B) demonstrate to the satisfaction of the
Secretary that--
``(i) the project is financially viable;
``(ii) the funds or other assistance
received will be spent or used efficiently and
effectively; and
``(iii) a market exists for the services of
the proposed project, as evidenced by contracts
or written statements of intent from potential
customers.
``(3) Non-federal share.--An applicant shall provide at
least 20 percent of the project costs from non-Federal sources.
In awarding grants or entering in contracts or cooperative
agreements under this subsection, the Secretary shall give a
preference to those projects or components that present the
most financially viable transportation services and require the
lowest percentage Federal share of the costs.''.
(b) Multistate, State, and Regional Transportation Planning.--
Chapter 556 of title 46, United States Code, is amended by inserting
after section 55602 the following:
``Sec. 55603. Multistate, State, and regional transportation planning
``(a) In General.--The Secretary, in consultation with Federal
entities, State and local governments, and the private sector, may
develop strategies to encourage the use of marine highways
transportation for transportation of passengers and cargo.
``(b) Strategies.--In developing the strategies described in
subsection (a), the Secretary may--
``(1) assess the extent to which States and local
governments include marine highway transportation and other
marine transportation solutions in transportation planning;
``(2) encourage State departments of transportation to
develop strategies, where appropriate, to incorporate marine
highway transportation, ferries, and other marine
transportation solutions for regional and interstate transport
of freight and passengers in transportation planning; and
``(3) encourage groups of States and multi-State
transportation entities to determine how marine highways can
address congestion, bottlenecks, and other interstate
transportation challenges.''.
(c) Clerical Amendments.--The analysis for chapter 556 of title 46,
United States Code, is amended--
(1) by striking the item relating to section 55601 and
inserting the following:
``55601. America's marine highway program.''; and
(2) by inserting after the item relating to section 55602
the following:
``55603. Multistate, State, and regional transportation planning.''.
SEC. 3513. COMMITTEES ON MARITIME MATTERS.
(a) In General.--
(1) Chapter 555 of title 46, United States Code, is
redesignated as chapter 504 of such title and transferred to
appear after chapter 503 of such title.
(2) Chapter 504 of such title, as redesignated by paragraph
(1), is amended in the chapter heading by striking
``MISCELLANEOUS'' and inserting ``COMMITTEES''.
(3) Sections 55501 and 55502 of such title are redesignated
as section 50401 and section 50402, respectively, of such title
and transferred to appear in chapter 504 of such title (as
redesignated by paragraph (1)).
(4) The section heading for section 50401 of such title, as
redesignated by paragraph (3), is amended to read as follows:
``united states committee on the marine transportation
system''.
(b) Conforming Amendment.--Section 8332(b)(1) of the Elijah E.
Cummings Coast Guard Authorization Act of 2020 (division G of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283)) is amended by striking ``section
55502'' and inserting ``section 50402''.
(c) Clerical Amendments.--
(1) The analysis for chapter 504 of title 46, United States
Code, as redesignated by subsection (a)(1), is amended to read
as follows:
``Chapter 504--Committees
``Sec.
``50401. United States Committee on the Marine Transportation System.
``50402. Maritime Transportation System National Advisory Committee.''.
(2) The table of chapters for subtitle V of title 46,
United States Code, is amended--
(A) by inserting after the item relating to chapter
503 the following:
``504. Committees..........................................50401''; and
(B) by striking the item relating to chapter 555.
SEC. 3514. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.
(a) In General.--
(1) Part C of subtitle V of title 46, United States Code,
is amended by adding at the end the following:
``CHAPTER 543--PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
``Sec.
``54301. Port infrastructure development program.
``Sec. 54301. Port infrastructure development program''.
(2) Subsections (c), (d), and (e) of section 50302 of such
title are redesignated as subsections (a), (b), and (c) of
section 54301 of such title, respectively, and transferred to
appear in chapter 543 of such title (as added by paragraph
(1)).
(b) Amendments to Section 54301.--Section 54301 of such title, as
redesignated by subsection (a)(2), is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``or subsection
(d)'' and inserting ``or subsection (b)'';
(B) in paragraph (3)(A)(ii)--
(i) in subclause (II) by striking ``; or''
and inserting a semicolon; and
(ii) by adding at the end the following:
``(IV) emissions mitigation
measures directly related to reducing
the overall carbon footprint from port
operations; or'';
(C) in paragraph (5)--
(i) in subparagraph (A) by striking ``or
subsection (d)'' and inserting ``or subsection
(b)''; and
(ii) in subparagraph (B) by striking
``subsection (d)'' and inserting ``subsection
(b)'';
(D) in paragraph (6)--
(i) in subparagraph (A)(i)--
(I) by striking ``movement of goods
through a port or intermodal connection
to a port'' and inserting ``movement
of--''; and
(II) by adding at the end the
following new subclauses:
``(I) goods through a port or
intermodal connection to a port; or
``(II) passengers through an
emission mitigation measure under
paragraph (3)(A)(ii)(IV) that provides
for the use of shore power for vessels
to which sections 3507 and 3508
apply.''; and
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``;
and'' and inserting a semicolon;
(II) in clause (ii) by striking the
period and inserting ``; and''; and
(III) by adding at the end the
following:
``(iii) projects that increase the port's
resilience to sea-level rise, flooding, extreme
weather events, including events associated
with climate change.'';
(E) in paragraph (7)--
(i) in subparagraph (B), by striking
``subsection (d)'' in each place it appears and
inserting ``subsection (b)''; and
(ii) in subparagraph (C) by striking
``subsection (d)(3)(A)(ii)(III)'' and inserting
``subsection (b)(3)(A)(ii)(III)'';
(F) in paragraph (8)--
(i) in subparagraph (A) by striking ``or
subsection (d)'' and inserting ``or subsection
(b)''; and
(ii) in subparagraph (B)--
(I) in clause (i) by striking
``subsection (d)'' and inserting
``subsection (b)''; and
(II) in clause (ii) by striking
``subsection (d)'' and inserting
``subsection (b)'';
(G) in paragraph (9) by striking ``subsection (d)''
and inserting ``subsection (b)'';
(H) in paragraph (10) by striking ``subsection
(d)'' and inserting ``subsection (b)''; and
(I) in paragraph (12)--
(i) by striking ``subsection (d)'' and
inserting ``subsection (b)''; and
(ii) by adding at the end the following:
``(D) Resilience.--The term `resilience' means the
ability to anticipate, prepare for, adapt to,
withstand, respond to, and recover from operational
disruptions and sustain critical operations at ports,
including disruptions caused by natural or manmade
hazards.
``(E) Carbon footprint.--The term `carbon
footprint' means the total carbon-based pollutants,
products, and any greenhouse gases that are emitted
into the atmosphere resulting from the consumption of
fossil fuels.
``(F) Climate change.--The term `climate change'
means detectable changes in 1 or more climate system
components over multiple decades, including--
``(i) changes in the average temperature of
the atmosphere or ocean;
``(ii) changes in regional precipitation,
winds, and cloudiness; and
``(iii) changes in the severity or duration
of extreme weather, including droughts, floods,
and storms.'';
(2) in subsection (b)--
(A) in the subsection heading by striking
``Inland'' and inserting ``Inland River'';
(B) in paragraph (1) by striking ``subsection
(c)(7)(B)'' and inserting ``subsection (a)(7)(B)'';
(C) in paragraph (3)(A)(ii)(III) by striking
``subsection (c)(3)(B)'' and inserting ``subsection
(a)(3)(B)''; and
(D) in paragraph (5)(A) by striking ``subsection
(c)(8)(B)'' and inserting ``subsection (a)(8)(B)''; and
(3) in subsection (c)--
(A) by striking ``subsection (c) or subsection
(d)'' and inserting ``subsection (a) or subsection
(b)''; and
(B) by striking ``subsection (c)(2)'' and inserting
``subsection (a)(2)''.
(c) Clerical Amendments.--The table of chapters for subtitle V of
title 46, United States Code, as amended by this title, is further
amended by inserting after the item relating to chapter 541 the
following:
``543. Port Infrastructure Development Program.............. 54301''.
SEC. 3515. USES OF EMERGING MARINE TECHNOLOGIES AND PRACTICES.
Section 50307 of title 46, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following:
``(e) Uses.--The results of activities conducted under subsection
(b)(1) shall be used to inform--
``(1) the policy decisions of the United States related to
domestic regulations; and
``(2) the position of the United States on matters before
the International Maritime Organization.''; and
(3) by adding at the end the following:
``(g) Air Emissions Defined.--In this section, the term `air
emissions' means release into the air of--
``(1) air pollutants, as such term is defined in section
302 of the Clean Air Act (42 U.S.C. 7602); or
``(2) gases listed in section 731(2) of the Global
Environmental Protection Assistance Act of 1989 (22 U.S.C.
7901(2)).''.
SEC. 3516. PROHIBITION ON PARTICIPATION OF LONG TERM CHARTERS IN TANKER
SECURITY FLEET.
(a) Definition of Long Term Charter.--Section 53401 of title 46,
United States Code, is amended by adding at the end the following new
paragraph:
``(8) Long term charter.--The term `long term charter'
means any time charter of a product tank vessel to the United
States Government that together with options is for more than
180 days.''.
(b) Participation of Long Term Charters in Tanker Security Fleet.--
Section 53404(b) of such title is amended--
(1) by striking ``The program participant of a'' and
inserting ``Any'';
(2) by inserting ``long term'' before ``charter'';
(3) by inserting ``not'' before ``eligible''; and
(4) by striking ``receive payments pursuant to any
operating agreement that covers such vessel'' and inserting
``participate in the Fleet''.
SEC. 3517. COASTWISE ENDORSEMENT.
Notwithstanding sections 12112 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is operating may
issue a certificate of documentation with a coastwise endorsement for
the vessel WIDGEON (United States official number 1299656).
SEC. 3518. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COMBAT THREATS
POSED BY ILLEGAL, UNREPORTED, AND UNREGULATED FISHING.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy, in consultation with
the Director of the Office of Naval Research and the heads of other
relevant agencies, as determined by the Secretary, shall submit to the
Committee on Armed Services, the Committee on Commerce, Science, and
Transportation, the Committee on Foreign Relations, and the Committee
on Appropriations of the Senate and the Committee on Armed Services,
the Committee on Natural Resources, the Committee on Transportation and
Infrastructure, the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives a report on the
combatant commands' maritime domain awareness efforts to combat the
threats posed by illegal, unreported, and unregulated fishing.
(b) Contents of Report.--The report required by subsection (a)
shall include a detailed summary of each of the following for each
combatant command:
(1) The activities undertaken to date to combat the threats
posed by illegal, unreported, and unregulated fishing in the
geographic area of the combatant command, including the steps
taken to build partner capacity to combat such threats.
(2) Coordination with the Armed Forces of the United
States, partner nations, and public-private partnerships to
combat such threats.
(3) Efforts undertaken to support unclassified data
integration, analysis, and delivery with regional partners to
combat such threats.
(4) Best practices and lessons learned from existing and
previous efforts relating to such threats, including strategies
for coordination and successes in public-private partnerships.
(5) Limitations related to affordability, resource
constraints, or other gaps or factors that constrain the
success or expansion of efforts related to such threats.
(6) Any new authorities needed to support efforts to combat
the threats posed by illegal, unreported, and unregulated
fishing.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 3519. COAST GUARD YARD IMPROVEMENT.
Of the amounts authorized to be appropriated under section
4902(2)(A)(ii) of title 14, United States Code, for fiscal year 2022,
$175,000,000 shall be made available to the Commandant to improve
facilities at the Coast Guard Yard in Baltimore, Maryland, including
improvements to dock, dry dock, capital equipment improvements, or
dredging necessary to facilitate access to such Yard.
SEC. 3520. AUTHORIZATION TO PURCHASE DUPLICATE MEDALS.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Maritime Administration, may use funds
appropriated for the fiscal year in which the date of the enactment of
this Act occurs, or funds appropriated for any prior fiscal year, for
the Maritime Administration to purchase duplicate medals authorized
under the Merchant Mariners of World War II Congressional Gold Medal
Act of 2020 (Public Law 116-125) and provide such medals to eligible
individuals who engaged in qualified service who submit an application
under subsection (b) and were United States merchant mariners of World
War II.
(b) Application.--To be eligible to receive a medal described in
subsection (a), an eligible individual who engaged in qualified service
shall submit to the Administrator an application containing such
information and assurances as the Administrator may require.
(c) Eligible Individual Who Engaged in Qualified Service.--In this
section, the term ``eligible individual who engaged in qualified
service'' means an individual who, between December 7, 1941, and
December 31, 1946--
(1) was a member of the United States merchant marine,
including the Army Transport Service and the Navy Transport
Service, serving as a crewmember of a vessel that was--
(A) operated by the War Shipping Administration,
the Office of Defense Transportation, or an agent of
such departments;
(B) operated in waters other than inland waters,
the Great Lakes, and other lakes, bays, or harbors of
the United States;
(C) under contract or charter to, or property of,
the Government of the United States; and
(D) serving in the Armed Forces; and
(2) while so serving, was licensed or otherwise documented
for service as a crewmember of such a vessel by an officer or
employee of the United States authorized to license or document
the person for such service.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) Authorization.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--
(1) In general.--A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(A) except as provided in paragraph (2), be based
on merit-based selection procedures in accordance with
the requirements of sections 2304(k) and 2374 of title
10, United States Code, or on competitive procedures;
and
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a
decision to commit, obligate, or expend funds on the basis of a
dollar amount authorized pursuant to subsection (a) if the
project, program, or activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding
through the inclusion of the abbreviation ``CPF''
immediately before the name of the project, program, or
activity.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1512 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 20,000
Avionics upgrade. [20,000]
004 SMALL UNMANNED 16,005 16,005
AIRCRAFT SYSTEM.
ROTARY
007 AH-64 APACHE BLOCK 504,136 494,136
IIIA REMAN.
Unit cost growth. [-10,000]
008 AH-64 APACHE BLOCK 192,230 192,230
IIIA REMAN AP.
010 UH-60 BLACKHAWK M 630,263 793,763
MODEL (MYP).
UH-60 Blackhawk for [211,500]
Army Guard.
Unit cost growth. [-48,000]
011 UH-60 BLACKHAWK M 146,068 146,068
MODEL (MYP) AP.
012 UH-60 BLACK HAWK L 166,205 166,205
AND V MODELS.
013 CH-47 HELICOPTER..... 145,218 397,218
Army UPL......... [111,100]
Program increase-- [140,900]
F Block II Army
UPL.
014 CH-47 HELICOPTER AP.. 18,559 47,559
Program increase-- [29,000]
F Block II.
MODIFICATION OF
AIRCRAFT
017 GRAY EAGLE MODS2..... 3,143 33,143
Recapitalization [30,000]
of MQ-1 aircraft
to extended range
Multi Domain
Operations
configuration.
018 MULTI SENSOR ABN 127,665 115,910
RECON.
ABN ISR Mods-- [-4,000]
insufficient
justification.
ARL Payloads--MEP [-3,000]
SIL reduction.
Unjustified cost-- [-4,755]
spares.
019 AH-64 MODS........... 118,560 113,560
Unjustified cost-- [-5,000]
Spike NLOS
integration.
020 CH-47 CARGO 9,918 9,918
HELICOPTER MODS
(MYP).
021 GRCS SEMA MODS....... 2,762 2,762
022 ARL SEMA MODS........ 9,437 9,437
023 EMARSS SEMA MODS..... 1,568 1,568
024 UTILITY/CARGO 8,530 8,530
AIRPLANE MODS.
025 UTILITY HELICOPTER 15,826 51,826
MODS.
Program increase. [11,000]
UH-72 [25,000]
modernization.
026 NETWORK AND MISSION 29,206 29,206
PLAN.
027 COMMS, NAV 58,117 58,117
SURVEILLANCE.
029 AVIATION ASSURED PNT. 47,028 45,862
Excess to need... [-1,166]
030 GATM ROLLUP.......... 16,776 16,776
032 UAS MODS............. 3,840 3,840
GROUND SUPPORT
AVIONICS
033 AIRCRAFT 64,561 64,561
SURVIVABILITY
EQUIPMENT.
034 SURVIVABILITY CM..... 5,104 5,104
035 CMWS................. 148,570 148,570
036 COMMON INFRARED 240,412 240,412
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
038 COMMON GROUND 13,561 13,561
EQUIPMENT.
039 AIRCREW INTEGRATED 41,425 41,425
SYSTEMS.
040 AIR TRAFFIC CONTROL.. 21,759 21,759
TOTAL AIRCRAFT 2,806,452 3,309,031
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 LOWER TIER AIR AND 35,473 35,473
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 331,575 331,575
004 MSE MISSILE.......... 776,696 776,696
005 PRECISION STRIKE 166,130 166,130
MISSILE (PRSM).
006 INDIRECT FIRE 25,253 20,253
PROTECTION
CAPABILITY INC 2-I.
Maintain level of [-5,000]
effort.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 118,800 115,800
Unit cost growth. [-3,000]
008 JOINT AIR-TO-GROUND 152,177 214,177
MSLS (JAGM).
Army UPL......... [67,000]
Unit cost growth. [-5,000]
009 LONG RANGE PRECISION 44,744 40,744
MUNITION.
Early to need.... [-4,000]
ANTI-TANK/ASSAULT
MISSILE SYS
010 JAVELIN (AAWS-M) 120,842 130,842
SYSTEM SUMMARY.
Early to need.... [-5,000]
JAVELIN [15,000]
Lightweight
Command Launch
Units (LWCLU)--
Army UPL.
011 TOW 2 SYSTEM SUMMARY. 104,412 102,412
Excess to need... [-2,000]
012 GUIDED MLRS ROCKET 935,917 975,917
(GMLRS).
Army UPL......... [20,000]
Previously funded [-30,000]
Program increase-- [50,000]
Army UPL.
013 MLRS REDUCED RANGE 29,574 29,574
PRACTICE ROCKETS
(RRPR).
014 HIGH MOBILITY 128,438 128,438
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 68,278 68,278
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
017 PATRIOT MODS......... 205,469 205,469
021 AVENGER MODS......... 11,227 11,227
022 ITAS/TOW MODS........ 4,561 4,561
023 MLRS MODS............ 273,856 273,856
024 HIMARS MODIFICATIONS. 7,192 7,192
SPARES AND REPAIR
PARTS
025 SPARES AND REPAIR 5,019 5,019
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
026 AIR DEFENSE TARGETS.. 10,618 10,618
TOTAL MISSILE 3,556,251 3,654,251
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 104,727 104,727
VEHICLE (AMPV).
002 ASSAULT BREACHER 16,454 16,454
VEHICLE (ABV).
003 MOBILE PROTECTED 286,977 286,977
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
005 STRYKER UPGRADE...... 1,005,028 1,120,028
Excess growth.... [-24,000]
Program increase. [139,000]
006 BRADLEY PROGRAM (MOD) 461,385 564,704
Program increase. [46,350]
Program increase [56,969]
for IBAS--Army
UPL.
007 M109 FOV 2,534 2,534
MODIFICATIONS.
008 PALADIN INTEGRATED 446,430 673,430
MANAGEMENT (PIM).
Program increase. [77,515]
Program increase [149,485]
Army UPL.
009 IMPROVED RECOVERY 52,059 52,059
VEHICLE (M88A2
HERCULES).
010 ASSAULT BRIDGE (MOD). 2,136 2,136
013 JOINT ASSAULT BRIDGE. 110,773 110,773
Cost growth...... [-4,000]
Program increase. [4,000]
015 ABRAMS UPGRADE 981,337 1,350,337
PROGRAM.
Army UPL......... [234,457]
Excess carryover. [-40,457]
Program increase. [175,000]
016 VEHICLE PROTECTION 80,286 80,286
SYSTEMS (VPS).
WEAPONS & OTHER
COMBAT VEHICLES
018 MULTI-ROLE ANTI-ARMOR 31,623 31,623
ANTI-PERSONNEL
WEAPON S.
019 MORTAR SYSTEMS....... 37,485 50,338
Mortar cannons-- [12,853]
Army UPL.
020 XM320 GRENADE 8,666 8,666
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 11,040 11,040
RIFLE.
023 CARBINE.............. 4,434 4,434
024 NEXT GENERATION SQUAD 97,087 97,087
WEAPON.
026 HANDGUN.............. 4,930 4,930
MOD OF WEAPONS AND
OTHER COMBAT VEH
027 MK-19 GRENADE MACHINE 13,027 13,027
GUN MODS.
028 M777 MODS............ 21,976 23,771
S/W Defined Radio- [1,795]
Hardware
Integration kits--
Army UPL.
030 M2 50 CAL MACHINE GUN 3,612 21,527
MODS.
M2A1 machine [17,915]
guns--Army UPL.
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 1,068 1,068
(WOCV-WTCV).
037 PRODUCTION BASE 90,819 90,819
SUPPORT (WOCV-WTCV).
TOTAL 3,875,893 4,722,775
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 47,490 79,890
TYPES.
Program increase. [16,480]
Small Caliber [15,920]
Ammo--Army UPL.
002 CTG, 7.62MM, ALL 74,870 103,343
TYPES.
Program increase. [28,473]
003 NEXT GENERATION SQUAD 76,794 76,794
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 7,812 7,812
TYPES.
005 CTG, .50 CAL, ALL 29,716 58,116
TYPES.
Program increase. [28,400]
006 CTG, 20MM, ALL TYPES. 4,371 4,371
008 CTG, 30MM, ALL TYPES. 34,511 34,511
009 CTG, 40MM, ALL TYPES. 35,231 49,231
Medium Caliber [14,000]
Ammo--Army UPL.
MORTAR AMMUNITION
010 60MM MORTAR, ALL 23,219 23,219
TYPES.
011 81MM MORTAR, ALL 52,135 52,135
TYPES.
012 120MM MORTAR, ALL 104,144 104,144
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 224,503 218,503
105MM AND 120MM, ALL
TYPES.
Early to need.... [-6,000]
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 26,709 54,753
75MM & 105MM, ALL
TYPES.
Army UPL......... [30,844]
Prior-year [-2,800]
carryover.
015 ARTILLERY PROJECTILE, 174,015 148,015
155MM, ALL TYPES.
Prior-year [-26,000]
carryover.
016 PROJ 155MM EXTENDED 73,498 61,498
RANGE M982.
Unit cost growth. [-12,000]
017 ARTILLERY 150,873 150,873
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
018 MINES & CLEARING 25,980 20,980
CHARGES, ALL TYPES.
Excess to need... [-5,000]
019 CLOSE TERRAIN SHAPING 34,761 29,761
OBSTACLE.
Contract Delay... [-5,000]
ROCKETS
020 SHOULDER LAUNCHED 24,408 22,408
MUNITIONS, ALL TYPES.
Excess to need... [-2,000]
021 ROCKET, HYDRA 70, ALL 109,536 123,336
TYPES.
Program increase. [13,800]
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES... 6,549 6,549
023 DEMOLITION MUNITIONS, 27,904 27,904
ALL TYPES.
024 GRENADES, ALL TYPES.. 37,437 37,437
025 SIGNALS, ALL TYPES... 7,530 7,530
026 SIMULATORS, ALL TYPES 8,350 8,350
027 REACTIVE ARMOR TILES. 17,755 17,755
MISCELLANEOUS
028 AMMO COMPONENTS, ALL 2,784 2,784
TYPES.
029 ITEMS LESS THAN $5 17,797 17,797
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,290 12,290
EQUIPMENT.
031 FIRST DESTINATION 4,331 4,331
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 538,120 642,620
Demo/ [40,000]
Environmental
remediation
(RAAP)--Army UPL.
Environmental, [40,000]
Safety,
Construction,
Maintenance and
Repair GOCO--Army
UPL.
Pyrotechnics [12,000]
Energetic
Capability
(LCAAP)--Army UPL.
Solvent [12,500]
Propellant
Facility (RAAP)--
Army UPL.
035 CONVENTIONAL 139,410 232,410
MUNITIONS
DEMILITARIZATION.
Program increase. [93,000]
036 ARMS INITIATIVE...... 3,178 3,178
TOTAL 2,158,110 2,444,727
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 12,539 18,931
FLATBED:.
M872A4 trailer-- [6,392]
Army UPL.
003 SEMITRAILERS, TANKERS 17,985 17,985
004 HI MOB MULTI-PURP 60,706 60,706
WHLD VEH (HMMWV).
005 GROUND MOBILITY 29,807 44,807
VEHICLES (GMV).
Program increase [15,000]
for ISV.
008 JOINT LIGHT TACTICAL 574,562 605,562
VEHICLE FAMILY OF
VEHICL.
Early to need.... [-89,000]
Program increase. [120,000]
009 TRUCK, DUMP, 20T 9,882 29,382
(CCE).
Heavy Dump, [10,000]
M917A3.
Program increase. [9,500]
010 FAMILY OF MEDIUM 36,885 76,885
TACTICAL VEH (FMTV).
Program Increase. [40,000]
011 FAMILY OF COLD 16,450 13,823
WEATHER ALL-TERRAIN
VEHICLE (C.
Cost growth...... [-2,627]
012 FIRETRUCKS & 26,256 26,256
ASSOCIATED
FIREFIGHTING EQUIP.
013 FAMILY OF HEAVY 64,282 64,282
TACTICAL VEHICLES
(FHTV).
014 PLS ESP.............. 16,943 16,943
015 HVY EXPANDED MOBILE 109,000
TACTICAL TRUCK EXT
SERV.
Program increase. [109,000]
017 TACTICAL WHEELED 17,957 17,957
VEHICLE PROTECTION
KITS.
018 MODIFICATION OF IN 29,349 212,650
SVC EQUIP.
HMMWV [183,301]
modifications.
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,232 1,232
VEHICLES.
021 NONTACTICAL VEHICLES, 24,246 19,246
OTHER.
Excess carryover. [-5,000]
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 140,036 140,036
PROGRAM.
023 TACTICAL NETWORK 436,524 429,024
TECHNOLOGY MOD IN
SVC.
Excess to need... [-7,500]
025 DISASTER INCIDENT 3,863 3,863
RESPONSE COMMS
TERMINAL.
026 JCSE EQUIPMENT 4,845 4,845
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 97,369 97,369
WIDEBAND SATCOM
SYSTEMS.
030 TRANSPORTABLE 120,550 115,550
TACTICAL COMMAND
COMMUNICATIONS.
Early to need.... [-5,000]
031 SHF TERM............. 38,129 38,129
032 ASSURED POSITIONING, 115,291 112,791
NAVIGATION AND
TIMING.
Excess to need... [-2,500]
033 SMART-T (SPACE)...... 15,407 15,407
034 GLOBAL BRDCST SVC-- 2,763 2,763
GBS.
COMM--C3 SYSTEM
037 COE TACTICAL SERVER 99,858 99,858
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
038 HANDHELD MANPACK 775,069 730,069
SMALL FORM FIT (HMS).
Cost deviation... [-5,000]
Single Channel [-35,000]
Data Radio
program decrease.
Support cost [-5,000]
excess to need.
040 ARMY LINK 16 SYSTEMS. 17,749 17,749
042 UNIFIED COMMAND SUITE 17,984 17,984
043 COTS COMMUNICATIONS 191,702 185,702
EQUIPMENT.
Unit cost growth. [-6,000]
044 FAMILY OF MED COMM 15,957 15,957
FOR COMBAT CASUALTY
CARE.
045 ARMY COMMUNICATIONS & 89,441 79,441
ELECTRONICS.
lnsufficient [-10,000]
justification.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 13,317 13,317
ARCHITECTURE-INTEL.
048 DEFENSE MILITARY 5,207 5,207
DECEPTION INITIATIVE.
049 MULTI-DOMAIN 20,095 20,095
INTELLIGENCE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 987 987
SECURITY PROGRAM-
ISSP.
052 COMMUNICATIONS 126,273 126,273
SECURITY (COMSEC).
053 DEFENSIVE CYBER 27,389 31,489
OPERATIONS.
Cybersecurity / [4,100]
IT network
mapping.
056 SIO CAPABILITY....... 21,303 21,303
057 BIOMETRIC ENABLING 914 914
CAPABILITY (BEC).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 9,209 24,209
COMMUNICATIONS.
Land Mobile [15,000]
Radios.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 219,026 219,026
061 EMERGENCY MANAGEMENT 4,875 4,875
MODERNIZATION
PROGRAM.
064 INSTALLATION INFO 223,001 225,041
INFRASTRUCTURE MOD
PROGRAM.
EUCOM--MPE [2,040]
USAREUR.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
067 JTT/CIBS-M........... 5,463 5,463
068 TERRESTRIAL LAYER 39,240 39,240
SYSTEMS (TLS).
070 DCGS-A-INTEL......... 92,613 114,563
Army UPL......... [26,950]
Program decrease. [-5,000]
071 JOINT TACTICAL GROUND 8,088 8,088
STATION (JTAGS)-
INTEL.
072 TROJAN............... 30,828 30,828
073 MOD OF IN-SVC EQUIP 39,039 39,039
(INTEL SPT).
074 BIOMETRIC TACTICAL 11,097 11,097
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 EW PLANNING & 783 783
MANAGEMENT TOOLS
(EWPMT).
077 AIR VIGILANCE (AV)... 13,486 10,986
Program decrease. [-2,500]
079 FAMILY OF PERSISTENT 14,414 14,414
SURVEILLANCE CAP..
080 COUNTERINTELLIGENCE/ 19,111 19,111
SECURITY
COUNTERMEASURES.
081 CI MODERNIZATION..... 421 421
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 SENTINEL MODS........ 47,642 47,642
083 NIGHT VISION DEVICES. 1,092,341 828,875
IVAS program [-213,466]
delay.
Transfer to [-50,000]
RDT&E, Army line
98.
084 SMALL TACTICAL 21,103 21,103
OPTICAL RIFLE
MOUNTED MLRF.
085 INDIRECT FIRE 6,153 6,153
PROTECTION FAMILY OF
SYSTEMS.
086 FAMILY OF WEAPON 184,145 184,145
SIGHTS (FWS).
087 ENHANCED PORTABLE 2,371 2,371
INDUCTIVE ARTILLERY
FUZE SE.
088 FORWARD LOOKING 11,929 11,929
INFRARED (IFLIR).
089 COUNTER SMALL 60,058 60,058
UNMANNED AERIAL
SYSTEM (C-SUAS).
090 JOINT BATTLE COMMAND-- 263,661 259,661
PLATFORM (JBC-P).
Excess carryover. [-4,000]
091 JOINT EFFECTS 62,082 62,082
TARGETING SYSTEM
(JETS).
093 COMPUTER BALLISTICS: 2,811 2,811
LHMBC XM32.
094 MORTAR FIRE CONTROL 17,236 17,236
SYSTEM.
095 MORTAR FIRE CONTROL 2,830 2,830
SYSTEMS
MODIFICATIONS.
096 COUNTERFIRE RADARS... 31,694 26,694
Excess to need... [-5,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
097 ARMY COMMAND POST 49,410 49,410
INTEGRATED
INFRASTRUCTURE (.
098 FIRE SUPPORT C2 9,853 9,853
FAMILY.
099 AIR & MSL DEFENSE 67,193 67,193
PLANNING & CONTROL
SYS.
100 IAMD BATTLE COMMAND 301,872 291,872
SYSTEM.
Excess costs [-10,000]
previously funded.
101 LIFE CYCLE SOFTWARE 5,182 5,182
SUPPORT (LCSS).
102 NETWORK MANAGEMENT 31,349 31,349
INITIALIZATION AND
SERVICE.
104 GLOBAL COMBAT SUPPORT 11,271 11,271
SYSTEM-ARMY (GCSS-A).
105 INTEGRATED PERSONNEL 16,077 16,077
AND PAY SYSTEM-ARMY
(IPP.
107 MOD OF IN-SVC 3,160 9,160
EQUIPMENT (ENFIRE).
GPS laser survey [6,000]
equiment.
ELECT EQUIP--
AUTOMATION
108 ARMY TRAINING 9,833 9,833
MODERNIZATION.
109 AUTOMATED DATA 130,924 133,924
PROCESSING EQUIP.
ATRRS Unlimited [3,000]
Data Rights.
110 ACCESSIONS 44,635 39,635
INFORMATION
ENVIRONMENT (AIE).
Program decrease. [-5,000]
111 GENERAL FUND 1,452 1,452
ENTERPRISE BUSINESS
SYSTEMS FAM.
112 HIGH PERF COMPUTING 69,943 69,943
MOD PGM (HPCMP).
113 CONTRACT WRITING 16,957 16,957
SYSTEM.
114 CSS COMMUNICATIONS... 73,110 73,110
115 RESERVE COMPONENT 12,905 12,905
AUTOMATION SYS
(RCAS).
ELECT EQUIP--SUPPORT
117 BCT EMERGING 13,835 13,835
TECHNOLOGIES.
CLASSIFIED PROGRAMS
117A CLASSIFIED PROGRAMS.. 18,304 18,304
CHEMICAL DEFENSIVE
EQUIPMENT
119 BASE DEFENSE SYSTEMS 62,295 62,295
(BDS).
120 CBRN DEFENSE......... 55,632 55,632
BRIDGING EQUIPMENT
122 TACTICAL BRIDGING.... 9,625 9,625
123 TACTICAL BRIDGE, 76,082 76,082
FLOAT-RIBBON.
124 BRIDGE SUPPLEMENTAL 19,867 6,867
SET.
Excess carryover. [-13,000]
125 COMMON BRIDGE 109,796 99,339
TRANSPORTER (CBT)
RECAP.
Cost growth...... [-10,457]
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
126 HANDHELD STANDOFF 5,628 5,628
MINEFIELD DETECTION
SYS-HST.
128 HUSKY MOUNTED 26,823 26,823
DETECTION SYSTEM
(HMDS).
131 ROBOTICS AND APPLIQUE 124,233 124,233
SYSTEMS.
Common Robotic [10,000]
System--Individua
l (CRS-I) - Army
UPL.
Excess carryover [-10,000]
CRS-I.
132 RENDER SAFE SETS KITS 84,000 87,158
OUTFITS.
Army UPL......... [3,158]
COMBAT SERVICE
SUPPORT EQUIPMENT
134 HEATERS AND ECU'S.... 7,116 5,116
Contract delay... [-2,000]
135 SOLDIER ENHANCEMENT.. 1,286 7,786
Program increase. [6,500]
136 PERSONNEL RECOVERY 9,741 9,741
SUPPORT SYSTEM
(PRSS).
137 GROUND SOLDIER SYSTEM 150,244 150,244
138 MOBILE SOLDIER POWER. 17,815 17,815
139 FORCE PROVIDER....... 28,860 28,860
140 FIELD FEEDING 2,321 2,321
EQUIPMENT.
141 CARGO AERIAL DEL & 40,240 40,240
PERSONNEL PARACHUTE
SYSTEM.
142 FAMILY OF ENGR COMBAT 36,163 36,163
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
144 QUALITY SURVEILLANCE 744 744
EQUIPMENT.
145 DISTRIBUTION SYSTEMS, 72,296 65,657
PETROLEUM & WATER.
Army UPL......... [4,420]
Excess to need... [-11,059]
MEDICAL EQUIPMENT
146 COMBAT SUPPORT 122,145 128,395
MEDICAL.
Mobile digital x- [6,250]
ray units.
MAINTENANCE EQUIPMENT
147 MOBILE MAINTENANCE 14,756 12,856
EQUIPMENT SYSTEMS.
Excess carryover. [-1,900]
CONSTRUCTION
EQUIPMENT
154 ALL TERRAIN CRANES... 112,784 107,784
Cost savings..... [-5,000]
156 CONST EQUIP ESP...... 8,694 8,694
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
158 ARMY WATERCRAFT ESP.. 44,409 44,409
159 MANEUVER SUPPORT 76,660 76,660
VESSEL (MSV).
GENERATORS
161 GENERATORS AND 47,606 47,606
ASSOCIATED EQUIP.
162 TACTICAL ELECTRIC 10,500 10,500
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
163 FAMILY OF FORKLIFTS.. 13,325 13,325
TRAINING EQUIPMENT
164 COMBAT TRAINING 79,565 79,565
CENTERS SUPPORT.
165 TRAINING DEVICES, 174,644 174,644
NONSYSTEM.
166 SYNTHETIC TRAINING 122,104 122,104
ENVIRONMENT (STE).
168 GAMING TECHNOLOGY IN 11,642 10,642
SUPPORT OF ARMY
TRAINING.
Excess carryover. [-1,000]
TEST MEASURE AND DIG
EQUIPMENT (TMD)
170 INTEGRATED FAMILY OF 42,934 42,934
TEST EQUIPMENT
(IFTE).
172 TEST EQUIPMENT 24,304 24,304
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
174 PHYSICAL SECURITY 86,930 86,930
SYSTEMS (OPA3).
175 BASE LEVEL COMMON 27,823 27,823
EQUIPMENT.
176 MODIFICATION OF IN- 32,392 32,392
SVC EQUIPMENT (OPA-
3).
177 BUILDING, PRE-FAB, 32,227 32,227
RELOCATABLE.
179 SPECIAL EQUIPMENT FOR 76,917 70,917
TEST AND EVALUATION.
Program decrease. [-6,000]
OPA2
180 INITIAL SPARES--C&E.. 9,272 9,272
TOTAL OTHER 8,873,558 8,926,160
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 87,832 1,168,161
HORNET.
Aircraft increase [970,000]
Production line [-10,671]
shutdown.
Program increase. [121,000]
003 JOINT STRIKE FIGHTER 2,111,009 2,047,709
CV.
Target cost [-63,300]
savings.
004 JOINT STRIKE FIGHTER 246,781 246,781
CV AP.
005 JSF STOVL............ 2,256,829 2,317,929
F-35B PGSE & [128,800]
Depot Support--
USMC UPL.
Target cost [-67,700]
savings.
006 JSF STOVL AP......... 216,720 216,720
007 CH-53K (HEAVY LIFT).. 1,286,296 1,256,514
Excess to need-- [-14,782]
Pub/tech data.
Unjustified [-15,000]
growth--NRE
production
capacity.
008 CH-53K (HEAVY LIFT) 182,871 182,871
AP.
009 V-22 (MEDIUM LIFT)... 751,716 1,166,116
5 additional [414,400]
aircraft--Navy
UPL.
011 H-1 UPGRADES (UH-1Y/ 939 939
AH-1Z).
013 P-8A POSEIDON........ 44,595 724,595
Four additional [680,000]
aircraft.
014 E-2D ADV HAWKEYE..... 766,788 957,788
Navy UPL......... [191,000]
015 E-2D ADV HAWKEYE AP.. 118,095 118,095
TRAINER AIRCRAFT
016 ADVANCED HELICOPTER 163,490 163,490
TRAINING SYSTEM.
OTHER AIRCRAFT
017 KC-130J.............. 520,787 914,787
Two additional [197,000]
aircraft--USMC
UPL.
Two additional C- [197,000]
130J aircraft--
Navy UPL.
018 KC-130J AP........... 68,088 68,088
021 MQ-4 TRITON.......... 160,151 351,151
One additonal [191,000]
aircraft.
023 MQ-8 UAV............. 49,249 49,249
024 STUASL0 UAV.......... 13,151 13,151
025 MQ-25 AP............. 47,468 47,468
026 MQ-9A REAPER......... 40,000
Navy UPL......... [40,000]
027 MARINE GROUP 5 UAS... 233,686 233,686
MODIFICATION OF
AIRCRAFT
030 F-18 A-D UNIQUE...... 163,095 245,595
AESA Radar [27,500]
Upgrades--USMC
UPL.
RWR Upgrades-- [55,000]
USMC UPL.
031 F-18E/F AND EA-18G 482,899 482,899
MODERNIZATION AND
SUSTAINM.
032 MARINE GROUP 5 UAS 1,982 1,982
SERIES.
033 AEA SYSTEMS.......... 23,296 20,221
Excess support [-3,075]
costs.
034 AV-8 SERIES.......... 17,882 17,882
035 INFRARED SEARCH AND 138,827 138,827
TRACK (IRST).
036 ADVERSARY............ 143,571 143,571
037 F-18 SERIES.......... 327,571 327,571
038 H-53 SERIES.......... 112,436 109,136
Excess to need... [-3,300]
039 MH-60 SERIES......... 94,794 94,794
040 H-1 SERIES........... 124,194 118,857
Excess to need... [-5,337]
041 EP-3 SERIES.......... 28,848 28,848
042 E-2 SERIES........... 204,826 204,826
043 TRAINER A/C SERIES... 7,849 7,849
044 C-2A................. 2,843 2,843
045 C-130 SERIES......... 145,610 145,610
046 FEWSG................ 734 734
047 CARGO/TRANSPORT A/C 10,682 10,682
SERIES.
048 E-6 SERIES........... 128,029 128,029
049 EXECUTIVE HELICOPTERS 45,326 45,326
SERIES.
051 T-45 SERIES.......... 158,772 158,772
052 POWER PLANT CHANGES.. 24,915 24,915
053 JPATS SERIES......... 22,955 22,955
054 AVIATION LIFE SUPPORT 2,477 2,477
MODS.
055 COMMON ECM EQUIPMENT. 119,574 119,574
056 COMMON AVIONICS 118,839 118,839
CHANGES.
057 COMMON DEFENSIVE 5,476 5,476
WEAPON SYSTEM.
058 ID SYSTEMS........... 13,154 13,154
059 P-8 SERIES........... 131,298 131,298
060 MAGTF EW FOR AVIATION 29,151 29,151
061 MQ-8 SERIES.......... 31,624 31,624
062 V-22 (TILT/ROTOR 312,835 312,835
ACFT) OSPREY.
063 NEXT GENERATION 266,676 266,676
JAMMER (NGJ).
064 F-35 STOVL SERIES.... 177,054 168,154
TR-3/B4 Delay.... [-8,900]
065 F-35 CV SERIES....... 138,269 131,369
TR-3/B4 Delay.... [-6,900]
066 QRC.................. 98,563 98,563
067 MQ-4 SERIES.......... 7,100 7,100
068 RQ-21 SERIES......... 14,123 14,123
AIRCRAFT SPARES AND
REPAIR PARTS
072 SPARES AND REPAIR 2,339,077 2,456,877
PARTS.
F-35B spare [117,800]
engines--USMC UPL.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
073 COMMON GROUND 517,267 517,267
EQUIPMENT.
074 AIRCRAFT INDUSTRIAL 80,500 80,500
FACILITIES.
075 WAR CONSUMABLES...... 42,496 42,496
076 OTHER PRODUCTION 21,374 21,374
CHARGES.
077 SPECIAL SUPPORT 271,774 271,774
EQUIPMENT.
TOTAL AIRCRAFT 16,477,178 19,608,713
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,144,446 1,144,446
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,319 7,319
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 124,513 138,140
Program increase. [13,627]
TACTICAL MISSILES
005 SIDEWINDER........... 86,366 86,366
006 STANDARD MISSILE..... 521,814 521,814
007 STANDARD MISSILE AP.. 45,357 45,357
008 JASSM................ 37,039 37,039
009 SMALL DIAMETER BOMB 40,877 40,877
II.
010 RAM.................. 92,981 72,981
Contract award [-20,000]
delay.
011 JOINT AIR GROUND 49,702 49,702
MISSILE (JAGM).
012 HELLFIRE............. 7,557 7,557
013 AERIAL TARGETS....... 150,339 150,339
014 DRONES AND DECOYS.... 30,321 30,321
015 OTHER MISSILE SUPPORT 3,474 3,474
016 LRASM................ 161,212 161,212
017 NAVAL STRIKE MISSILE 59,331 52,377
(NSM).
Program decrease. [-6,954]
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 206,233 206,233
019 ESSM................. 248,619 161,519
ESSM block 2 [-87,100]
contract award
delays.
021 AARGM................ 116,345 116,345
022 STANDARD MISSILES 148,834 148,834
MODS.
SUPPORT EQUIPMENT &
FACILITIES
023 WEAPONS INDUSTRIAL 1,819 1,819
FACILITIES.
ORDNANCE SUPPORT
EQUIPMENT
026 ORDNANCE SUPPORT 191,905 191,905
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
027 SSTD................. 4,545 4,545
028 MK-48 TORPEDO........ 159,107 172,477
Contract award [-34,000]
delay.
Heavyweight [50,000]
Torpedo--Navy UPL.
Program decrease. [-2,630]
029 ASW TARGETS.......... 13,630 13,630
MOD OF TORPEDOES AND
RELATED EQUIP
030 MK-54 TORPEDO MODS... 106,112 94,168
Program decrease. [-11,944]
031 MK-48 TORPEDO ADCAP 35,680 35,680
MODS.
032 MARITIME MINES....... 8,567 8,567
SUPPORT EQUIPMENT
033 TORPEDO SUPPORT 93,400 93,400
EQUIPMENT.
034 ASW RANGE SUPPORT.... 3,997 3,997
DESTINATION
TRANSPORTATION
035 FIRST DESTINATION 4,023 4,023
TRANSPORTATION.
GUNS AND GUN MOUNTS
036 SMALL ARMS AND 14,909 14,909
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
037 CIWS MODS............ 6,274 6,274
038 COAST GUARD WEAPONS.. 45,958 45,958
039 GUN MOUNT MODS....... 68,775 68,775
040 LCS MODULE WEAPONS... 2,121 2,121
041 AIRBORNE MINE 14,822 14,822
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
043 SPARES AND REPAIR 162,382 166,682
PARTS.
Maritime [4,300]
Outfitting and
Spares.
TOTAL WEAPONS 4,220,705 4,126,004
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 48,635 48,635
002 JDAM................. 74,140 74,140
003 AIRBORNE ROCKETS, ALL 75,383 75,383
TYPES.
004 MACHINE GUN 11,215 11,215
AMMUNITION.
005 PRACTICE BOMBS....... 52,225 52,225
006 CARTRIDGES & CART 70,876 70,876
ACTUATED DEVICES.
007 AIR EXPENDABLE 61,600 61,600
COUNTERMEASURES.
008 JATOS................ 6,620 6,620
009 5 INCH/54 GUN 28,922 28,922
AMMUNITION.
010 INTERMEDIATE CALIBER 36,038 36,038
GUN AMMUNITION.
011 OTHER SHIP GUN 39,070 39,070
AMMUNITION.
012 SMALL ARMS & LANDING 45,493 45,493
PARTY AMMO.
013 PYROTECHNIC AND 9,163 9,163
DEMOLITION.
015 AMMUNITION LESS THAN 1,575 1,575
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 50,707 50,707
017 DIRECT SUPPORT 120,037 120,037
MUNITIONS.
018 INFANTRY WEAPONS 94,001 94,001
AMMUNITION.
019 COMBAT SUPPORT 35,247 35,247
MUNITIONS.
020 AMMO MODERNIZATION... 16,267 16,267
021 ARTILLERY MUNITIONS.. 105,669 95,169
Contract Delay... [-10,500]
022 ITEMS LESS THAN $5 5,135 5,135
MILLION.
TOTAL 988,018 977,518
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,003,000 2,923,012
SUBMARINE.
Columbia partial [75,000]
restoral.
Excessive cost [-154,988]
growth.
002 OHIO REPLACEMENT 1,643,980 1,843,584
SUBMARINE AP.
Submarine [300,000]
supplier
development.
Submarine [-100,396]
supplier
development
reduction.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,068,705 1,062,205
PROGRAM.
Program decrease. [-6,500]
004 CVN-81............... 1,299,764 1,287,719
Program decrease. [-12,045]
005 VIRGINIA CLASS 4,249,240 4,816,240
SUBMARINE.
Industrial base [567,000]
expansion to 3 VA
class/year
starting in FY
2025.
006 VIRGINIA CLASS 2,120,407 2,120,407
SUBMARINE AP.
007 CVN REFUELING 2,456,018 2,232,018
OVERHAULS.
Full funding [-224,000]
rephase.
008 CVN REFUELING 66,262 66,262
OVERHAULS AP.
009 DDG 1000............. 56,597 56,597
010 DDG-51............... 2,016,787 4,928,424
Change order [-12,300]
excessive cost
growth.
Electronics [-35,500]
excessive cost
growth.
Two additional [3,059,900]
ships.
Plans cost [-47,000]
excessive cost
growth.
Program decrease. [-20,463]
Termination [-33,000]
liability not
reqiured.
011 DDG-51 AP............ 130,000
AP for a third ship [130,000]
in FY 2023.
013 FFG-FRIGATE.......... 1,087,900 1,087,900
014 FFG-FRIGATE AP....... 69,100 69,100
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 60,636 60,636
019 LHA REPLACEMENT...... 68,637 1,268,637
One additional [1,200,000]
ship.
020 EXPEDITIONARY FAST 540,000
TRANSPORT (EPF).
Two additional [540,000]
ships.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
021 TAO FLEET OILER...... 668,184 1,336,384
One additional [668,200]
ship.
022 TAO FLEET OILER AP... 76,012 76,012
023 TAGOS SURTASS SHIPS.. 434,384 434,384
024 TOWING, SALVAGE, AND 183,800 80,800
RESCUE SHIP (ATS).
One ship excess [-103,000]
to Program of
Record.
025 LCU 1700............. 67,928 67,928
026 OUTFITTING........... 655,707 581,931
Outfitting early [-32,800]
to need.
Program decrease. [-40,976]
027 SHIP TO SHORE 156,738 286,738
CONNECTOR.
Ship to Shore [130,000]
Connector.
028 SERVICE CRAFT........ 67,866 67,866
029 LCAC SLEP............ 32,712 32,712
030 AUXILIARY VESSELS 299,900 299,900
(USED SEALIFT).
031 COMPLETION OF PY 660,795 660,795
SHIPBUILDING
PROGRAMS.
TOTAL 22,571,059 28,418,191
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 41,414 41,414
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 83,746 71,054
HM&E.
Program decrease. [-12,692]
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 72,300 72,300
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 234,932 234,932
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 583,136 583,136
006 FIREFIGHTING 15,040 15,040
EQUIPMENT.
007 COMMAND AND CONTROL 2,194 2,194
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 133,627 120,854
Program decrease. [-12,773]
009 LCC 19/20 EXTENDED 4,387 4,387
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 18,159 18,159
EQUIPMENT.
011 SUBMARINE SUPPORT 88,284 88,284
EQUIPMENT.
012 VIRGINIA CLASS 22,669 22,669
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 9,640 9,640
EQUIPMENT.
014 SUBMARINE BATTERIES.. 21,834 21,834
015 LPD CLASS SUPPORT 34,292 29,478
EQUIPMENT.
Program decrease. [-4,814]
016 DDG 1000 CLASS 126,107 106,107
SUPPORT EQUIPMENT.
Program decrease. [-20,000]
017 STRATEGIC PLATFORM 12,256 12,256
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 10,682 10,682
019 CG MODERNIZATION..... 156,951 156,951
020 LCAC................. 21,314 21,314
021 UNDERWATER EOD 24,146 24,146
EQUIPMENT.
022 ITEMS LESS THAN $5 84,789 84,789
MILLION.
023 CHEMICAL WARFARE 2,997 2,997
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,307,651 1,475,051
REPAIR AND
MODERNIZATION.
A-120 [167,400]
Availabilities.
026 REACTOR POWER UNITS.. 3,270 3,270
027 REACTOR COMPONENTS... 438,729 438,729
OCEAN ENGINEERING
028 DIVING AND SALVAGE 10,772 10,772
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 58,770 58,770
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 168,822 150,822
Program decrease. [-18,000]
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 74,231 74,231
MODULES EQUIPMENT.
032 LCS MCM MISSION 40,630 30,119
MODULES.
Program decrease. [-10,511]
033 LCS ASW MISSION 1,565 1,565
MODULES.
034 LCS SUW MISSION 3,395 3,395
MODULES.
035 LCS IN-SERVICE 122,591 122,591
MODERNIZATION.
036 SMALL & MEDIUM UUV... 32,534 32,534
SHIP SONARS
038 SPQ-9B RADAR......... 15,927 15,927
039 AN/SQQ-89 SURF ASW 131,829 126,871
COMBAT SYSTEM.
Program decrease. [-4,958]
040 SSN ACOUSTIC 379,850 341,898
EQUIPMENT.
Program decrease. [-18,952]
Virginia class [-19,000]
technical
insertion kits
previously funded.
041 UNDERSEA WARFARE 13,965 13,965
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
042 SUBMARINE ACOUSTIC 24,578 24,578
WARFARE SYSTEM.
043 SSTD................. 11,010 11,010
044 FIXED SURVEILLANCE 363,651 363,651
SYSTEM.
045 SURTASS.............. 67,500 67,500
ELECTRONIC WARFARE
EQUIPMENT
046 AN/SLQ-32............ 370,559 257,644
Block 3 Kit early [-56,500]
to need.
Program decrease. [-56,415]
RECONNAISSANCE
EQUIPMENT
047 SHIPBOARD IW EXPLOIT. 261,735 261,735
048 AUTOMATED 3,777 3,777
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
049 COOPERATIVE 24,641 46,924
ENGAGEMENT
CAPABILITY.
Maritime [13,300]
Outfitting and
Spares.
Navy Tactical [8,983]
Grid Development
for JADC2.
050 NAVAL TACTICAL 14,439 14,439
COMMAND SUPPORT
SYSTEM (NTCSS).
051 ATDLS................ 101,595 101,595
052 NAVY COMMAND AND 3,535 3,535
CONTROL SYSTEM
(NCCS).
053 MINESWEEPING SYSTEM 15,640 15,640
REPLACEMENT.
054 SHALLOW WATER MCM.... 5,610 0
COBRA Block I [-5,610]
mods excess to
need.
055 NAVSTAR GPS RECEIVERS 33,097 33,097
(SPACE).
056 AMERICAN FORCES RADIO 2,513 2,513
AND TV SERVICE.
057 STRATEGIC PLATFORM 4,823 4,823
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
058 ASHORE ATC EQUIPMENT. 83,464 83,464
059 AFLOAT ATC EQUIPMENT. 67,055 67,055
060 ID SYSTEMS........... 46,918 46,918
061 JOINT PRECISION 35,386 35,386
APPROACH AND LANDING
SYSTEM.
062 NAVAL MISSION 17,951 17,951
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
063 MARITIME INTEGRATED 2,360 2,360
BROADCAST SYSTEM.
064 TACTICAL/MOBILE C4I 18,919 18,919
SYSTEMS.
065 DCGS-N............... 16,691 16,691
066 CANES................ 412,002 441,002
Resilient PNT.... [29,000]
067 RADIAC............... 9,074 9,074
068 CANES-INTELL......... 51,593 51,593
069 GPETE................ 23,930 23,930
070 MASF................. 8,795 8,795
071 INTEG COMBAT SYSTEM 5,829 5,829
TEST FACILITY.
072 EMI CONTROL 3,925 3,925
INSTRUMENTATION.
073 ITEMS LESS THAN $5 156,042 156,042
MILLION.
SHIPBOARD
COMMUNICATIONS
074 SHIPBOARD TACTICAL 43,212 43,212
COMMUNICATIONS.
075 SHIP COMMUNICATIONS 90,724 128,707
AUTOMATION.
Navy Tactical [8,983]
Grid Development
for JADC2.
Resilient PNT.... [29,000]
076 COMMUNICATIONS ITEMS 44,447 44,447
UNDER $5M.
SUBMARINE
COMMUNICATIONS
077 SUBMARINE BROADCAST 47,579 47,579
SUPPORT.
078 SUBMARINE 64,642 64,642
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
079 SATELLITE 38,636 38,636
COMMUNICATIONS
SYSTEMS.
080 NAVY MULTIBAND 34,723 34,723
TERMINAL (NMT).
SHORE COMMUNICATIONS
081 JOINT COMMUNICATIONS 2,651 2,651
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
082 INFO SYSTEMS SECURITY 146,879 146,879
PROGRAM (ISSP).
083 MIO INTEL 977 977
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
084 CRYPTOLOGIC 17,809 17,809
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 63,214 63,214
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 249,121 303,521
Navy UPL......... [54,400]
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 4,963 4,963
096 WEAPONS RANGE SUPPORT 98,898 98,898
EQUIPMENT.
097 AIRCRAFT SUPPORT 178,647 178,647
EQUIPMENT.
098 ADVANCED ARRESTING 22,265 22,265
GEAR (AAG).
099 METEOROLOGICAL 13,687 13,687
EQUIPMENT.
100 LEGACY AIRBORNE MCM.. 4,446 4,446
101 LAMPS EQUIPMENT...... 1,470 1,470
102 AVIATION SUPPORT 70,665 70,665
EQUIPMENT.
103 UMCS-UNMAN CARRIER 86,584 86,584
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
104 SHIP GUN SYSTEMS 5,536 5,536
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
105 HARPOON SUPPORT 204 204
EQUIPMENT.
106 SHIP MISSILE SUPPORT 237,987 237,987
EQUIPMENT.
107 TOMAHAWK SUPPORT 88,726 88,726
EQUIPMENT.
FBM SUPPORT EQUIPMENT
108 STRATEGIC MISSILE 281,259 281,259
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
109 SSN COMBAT CONTROL 143,289 143,289
SYSTEMS.
110 ASW SUPPORT EQUIPMENT 30,595 30,595
OTHER ORDNANCE
SUPPORT EQUIPMENT
111 EXPLOSIVE ORDNANCE 1,721 1,721
DISPOSAL EQUIP.
112 ITEMS LESS THAN $5 8,746 8,746
MILLION.
OTHER EXPENDABLE
ORDNANCE
113 ANTI-SHIP MISSILE 76,994 76,994
DECOY SYSTEM.
114 SUBMARINE TRAINING 75,813 75,813
DEVICE MODS.
115 SURFACE TRAINING 127,814 127,814
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
116 PASSENGER CARRYING 4,140 4,140
VEHICLES.
117 GENERAL PURPOSE 2,805 2,805
TRUCKS.
118 CONSTRUCTION & 48,403 51,003
MAINTENANCE EQUIP.
Excess carryover. [-2,000]
GPS laser survey [4,600]
equiment.
119 FIRE FIGHTING 15,084 15,084
EQUIPMENT.
120 TACTICAL VEHICLES.... 27,400 27,400
121 POLLUTION CONTROL 2,607 2,607
EQUIPMENT.
122 ITEMS LESS THAN $5 51,963 51,963
MILLION.
123 PHYSICAL SECURITY 1,165 1,165
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 24,698 24,698
125 FIRST DESTINATION 5,385 5,385
TRANSPORTATION.
126 SPECIAL PURPOSE 660,750 660,750
SUPPLY SYSTEMS.
TRAINING DEVICES
127 TRAINING SUPPORT 3,465 3,465
EQUIPMENT.
128 TRAINING AND 60,114 60,114
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 31,007 31,007
EQUIPMENT.
130 MEDICAL SUPPORT 7,346 7,346
EQUIPMENT.
132 NAVAL MIP SUPPORT 2,887 2,887
EQUIPMENT.
133 OPERATING FORCES 12,815 12,815
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,324 6,324
135 ENVIRONMENTAL SUPPORT 25,098 25,098
EQUIPMENT.
136 PHYSICAL SECURITY 110,647 100,647
EQUIPMENT.
Program decrease. [-10,000]
137 ENTERPRISE 31,709 31,709
INFORMATION
TECHNOLOGY.
OTHER
141 NEXT GENERATION 41 41
ENTERPRISE SERVICE.
142 CYBERSPACE ACTIVITIES 12,859 12,859
CLASSIFIED PROGRAMS
142A CLASSIFIED PROGRAMS.. 19,808 19,808
SPARES AND REPAIR
PARTS
143 SPARES AND REPAIR 424,405 517,105
PARTS.
Maritime [92,700]
Outfitting and
Spares.
TOTAL OTHER 10,875,912 11,032,053
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 36,836 36,836
002 AMPHIBIOUS COMBAT 532,355 532,355
VEHICLE FAMILY OF
VEHICLES.
Excess growth.... [-7,000]
Program increase. [7,000]
003 LAV PIP.............. 23,476 23,476
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 32 32
TOWED HOWITZER.
005 ARTILLERY WEAPONS 67,548 221,348
SYSTEM.
Program increase-- [57,800]
NSM USMC UPL.
Program increase-- [96,000]
TACTOM USMC UPL.
006 WEAPONS AND COMBAT 35,402 35,402
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
008 GROUND BASED AIR 9,349 9,349
DEFENSE.
009 ANTI-ARMOR MISSILE- 937 937
JAVELIN.
010 FAMILY ANTI-ARMOR 20,481 20,481
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 14,359 12,359
TOW.
Unit cost growth. [-2,000]
012 GUIDED MLRS ROCKET 98,299 98,299
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 18,247 18,247
COMMAND AND CONTROL
SYSTEM.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 33,554 33,554
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 167 167
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 64,879 90,779
MILLION (COMM &
ELEC).
Fly-Away [9,000]
Broadcast System
(FABS)--USMC UPL.
Improved Night/ [16,900]
Day Observation
Device (INOD)
Block III--USMC
UPL.
017 AIR OPERATIONS C2 1,291 1,291
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 297,369 645,369
ORIENTED RADAR (G/
ATOR).
AN/TPS-80 [44,000]
Retrofit Kits--
USMC UPL.
AN/TPS-80 Procure [304,000]
(+8)--USMC UPL.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 604 604
021 FIRE SUPPORT SYSTEM.. 39,810 39,810
022 INTELLIGENCE SUPPORT 67,309 72,909
EQUIPMENT.
SCINet--USMC UPL. [5,600]
024 UNMANNED AIR SYSTEMS 24,299 24,299
(INTEL).
025 DCGS-MC.............. 28,633 28,633
026 UAS PAYLOADS......... 3,730 3,730
OTHER SUPPORT (NON-
TEL)
029 NEXT GENERATION 97,060 97,060
ENTERPRISE NETWORK
(NGEN).
030 COMMON COMPUTER 83,606 116,506
RESOURCES.
(SONIC)--Enterpri [7,500]
se Infrastructure
Modernization
(EIM).
Marine Corps [6,300]
Hardware Suite
(MCHS) End User
Devices (EUD)
Refresh.
NGEN [19,100]
Infrastructure
Refresh.
031 COMMAND POST SYSTEMS. 53,708 39,708
NOTM refresh [-14,000]
early to need.
032 RADIO SYSTEMS........ 468,678 444,678
TCM ground radios [-10,000]
sparing
previously funded.
Unjustified [-14,000]
request.
033 COMM SWITCHING & 49,600 41,600
CONTROL SYSTEMS.
Excess growth.... [-8,000]
034 COMM & ELEC 110,835 116,635
INFRASTRUCTURE
SUPPORT.
Excess growth.... [-10,000]
NETWORK Base [15,800]
Telecommunication
s Infrastructure
(BTI)--USMC UPL.
035 CYBERSPACE ACTIVITIES 25,377 46,577
Defensive Cyber [21,200]
Operations (DCO)--
Internal
Defensive
Measures (IDM)
Kits.
CLASSIFIED PROGRAMS
037A CLASSIFIED PROGRAMS.. 4,034 4,034
ADMINISTRATIVE
VEHICLES
038 COMMERCIAL CARGO 17,848 17,848
VEHICLES.
TACTICAL VEHICLES
039 MOTOR TRANSPORT 23,363 19,363
MODIFICATIONS.
Excess growth.... [-4,000]
040 JOINT LIGHT TACTICAL 322,013 322,013
VEHICLE.
042 TRAILERS............. 9,876 9,876
ENGINEER AND OTHER
EQUIPMENT
044 TACTICAL FUEL SYSTEMS 2,161 2,161
045 POWER EQUIPMENT 26,625 26,625
ASSORTED.
046 AMPHIBIOUS SUPPORT 17,119 10,119
EQUIPMENT.
Excess carryover. [-7,000]
047 EOD SYSTEMS.......... 94,472 107,672
Buried Command [7,800]
Wire Detector
(BCWD)--USMC UPL.
Instrument Set, [5,400]
Recon and Survey
(ENFIRE)--USMC
UPL.
MATERIALS HANDLING
EQUIPMENT
048 PHYSICAL SECURITY 84,513 84,513
EQUIPMENT.
GENERAL PROPERTY
049 FIELD MEDICAL 8,105 8,105
EQUIPMENT.
050 TRAINING DEVICES..... 37,814 37,814
051 FAMILY OF 34,658 50,458
CONSTRUCTION
EQUIPMENT.
All-Terrain Crane [10,800]
(ATC)--USMC UPL.
Rough Terrain [5,000]
Container Handler
(RTCH)--USMC UPL.
052 ULTRA-LIGHT TACTICAL 15,439 15,439
VEHICLE (ULTV).
OTHER SUPPORT
053 ITEMS LESS THAN $5 4,402 15,002
MILLION.
Lightweight Water [10,600]
Purification
System--USMC UPL.
SPARES AND REPAIR
PARTS
054 SPARES AND REPAIR 32,819 32,819
PARTS.
TOTAL 3,043,091 3,616,891
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER AP....... 108,027 108,027
TACTICAL FORCES
002 F-35................. 4,167,604 3,973,504
F135 PM [175,000]
Procurement--Air
Force UPL.
Sustainment [-429,100]
Enterprise
Support.
USG depot [60,000]
accleration.
003 F-35 AP.............. 352,632 352,632
005 F-15EX............... 1,186,903 2,562,903
12 additional [1,376,000]
aircraft.
006 F-15EX AP............ 147,919 147,919
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,380,315 2,275,315
Excess growth.... [-105,000]
OTHER AIRLIFT
008 C-130J............... 128,896 128,896
009 MC-130J.............. 220,049 220,049
UPT TRAINERS
011 ADVANCED TRAINER 10,397 10,397
REPLACEMENT T-X.
HELICOPTERS
013 COMBAT RESCUE 792,221 792,221
HELICOPTER.
MISSION SUPPORT
AIRCRAFT
016 CIVIL AIR PATROL A/C. 2,813 11,413
Recapitalization [8,600]
rate increase.
OTHER AIRCRAFT
017 TARGET DRONES........ 116,169 116,169
018 COMPASS CALL......... 75,000
Add 5 spare [75,000]
engines--Air
Force UPL.
019 E-11 BACN/HAG........ 124,435 124,435
021 MQ-9................. 3,288 118,288
Add 6 aircraft... [115,000]
STRATEGIC AIRCRAFT
023 B-2A................. 29,944 29,944
024 B-1B................. 30,518 30,518
025 B-52................. 74,957 74,957
026 COMBAT RESCUE 61,191 45,891
HELICOPTER.
Early to need-- [-15,300]
contract delay.
027 LARGE AIRCRAFT 57,001 57,001
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
028 A-10................. 83,621 183,621
Modernization and [100,000]
Upgrades.
029 E-11 BACN/HAG........ 68,955 68,955
030 F-15................. 234,340 234,340
031 F-16................. 613,166 733,166
ANG AESA Radars.. [100,000]
HUD upgrade...... [20,000]
032 F-22A................ 424,722 384,722
Program decrease. [-40,000]
033 F-35 MODIFICATIONS... 304,135 308,935
RMIP increase.... [20,000]
TR-3/B4 delay.... [-15,200]
034 F-15 EPAW............ 149,797 149,797
036 KC-46A MDAP.......... 1,984 1,984
AIRLIFT AIRCRAFT
037 C-5.................. 25,431 25,431
038 C-17A................ 59,570 59,570
040 C-32A................ 1,949 1,949
041 C-37A................ 5,984 5,984
TRAINER AIRCRAFT
042 GLIDER MODS.......... 142 142
043 T-6.................. 8,735 8,735
044 T-1.................. 3,872 3,872
045 T-38................. 49,851 49,851
OTHER AIRCRAFT
046 U-2 MODS............. 126,809 126,809
047 KC-10A (ATCA)........ 1,902 1,902
049 VC-25A MOD........... 96 96
050 C-40................. 262 262
051 C-130................ 29,071 169,771
Modular Airborne [15,000]
Fire Fighting
Systems.
NP-2000 [75,700]
modifications.
T-56 engine [50,000]
modifications.
052 C-130J MODS.......... 110,784 116,584
Virtual reality [5,800]
maintenance
training.
053 C-135................ 61,376 61,376
054 COMPASS CALL......... 195,098 195,098
056 RC-135............... 207,596 207,596
057 E-3.................. 109,855 109,855
058 E-4.................. 19,081 19,081
059 E-8.................. 16,312 43,312
Program increase-- [27,000]
CDL.
060 AIRBORNE WARNING AND 30,327 26,627
CNTRL SYS (AWACS) 40/
45.
Block 40/45 [-3,700]
carryover.
062 H-1.................. 1,533 1,533
063 H-60................. 13,709 32,139
OLR mod early to [-1,570]
need.
Restore degraded [20,000]
visual
environment.
064 RQ-4 MODS............ 3,205 3,205
065 HC/MC-130 150,263 150,263
MODIFICATIONS.
066 OTHER AIRCRAFT....... 54,828 54,828
067 MQ-9 MODS............ 144,287 129,787
Early to need--MQ- [-11,500]
9 Upgrade.
Unjustified [-3,000]
increase--MQ-9
Upgrade other
government
support.
068 MQ-9 UAS PAYLOADS.... 40,800 40,800
069 SENIOR LEADER C3, 23,554 23,554
SYSTEM--AIRCRAFT.
070 CV-22 MODS........... 158,162 240,562
Nacelle [5,000]
improvement
program.
SOCOM--CV-22 [77,400]
Reliability
Acceleration.
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 923,573 923,573
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 138,761 138,761
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,651 1,651
074 B-2B................. 38,811 38,811
075 B-52................. 5,602 5,602
078 F-15................. 2,324 2,324
079 F-16................. 10,456 10,456
081 RQ-4 POST PRODUCTION 24,592 24,592
CHARGES.
INDUSTRIAL
PREPAREDNESS
082 INDUSTRIAL 18,110 18,110
RESPONSIVENESS.
WAR CONSUMABLES
083 WAR CONSUMABLES...... 35,866 35,866
OTHER PRODUCTION
CHARGES
084 OTHER PRODUCTION 979,388 1,019,388
CHARGES.
Classified [40,000]
modifications--pr
ogram increase.
CLASSIFIED PROGRAMS
086A CLASSIFIED PROGRAMS.. 18,092 18,092
TOTAL AIRCRAFT 15,727,669 17,468,799
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,793 57,793
EQ-BALLISTIC.
BALLISTIC MISSILES
002 GROUND BASED 10,895 10,895
STRATEGIC DETERRENT.
Review of
Engineering and
Manufacturing
Development
Contract
TACTICAL
003 REPLAC EQUIP & WAR 7,681 7,681
CONSUMABLES.
004 AGM-183A AIR-LAUNCHED 160,850 110,850
RAPID RESPONSE
WEAPON.
Procurement early [-50,000]
to need.
006 JOINT AIR-SURFACE 710,550 660,550
STANDOFF MISSILE.
Program decrease. [-50,000]
008 SIDEWINDER (AIM-9X).. 107,587 107,587
009 AMRAAM............... 214,002 214,002
010 PREDATOR HELLFIRE 103,684 103,684
MISSILE.
011 SMALL DIAMETER BOMB.. 82,819 82,819
012 SMALL DIAMETER BOMB 294,649 294,649
II.
INDUSTRIAL FACILITIES
013 INDUSTR'L PREPAREDNS/ 757 757
POL PREVENTION.
CLASS IV
015 ICBM FUZE MOD........ 53,013 53,013
016 ICBM FUZE MOD AP..... 47,757 47,757
017 MM III MODIFICATIONS. 88,579 88,579
019 AIR LAUNCH CRUISE 46,799 46,799
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
020 MSL SPRS/REPAIR PARTS 14,212 14,212
(INITIAL).
021 MSL SPRS/REPAIR PARTS 63,547 63,547
(REPLEN).
022 INITIAL SPARES/REPAIR 4,045 4,045
PARTS.
SPECIAL PROGRAMS
027 SPECIAL UPDATE 30,352 30,352
PROGRAMS.
CLASSIFIED PROGRAMS
027A CLASSIFIED PROGRAMS.. 570,240 570,240
TOTAL MISSILE 2,669,811 2,569,811
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 36,597 36,597
CARTRIDGES
002 CARTRIDGES........... 169,163 164,163
Excess to need... [-5,000]
BOMBS
003 PRACTICE BOMBS....... 48,745 48,745
004 GENERAL PURPOSE BOMBS 176,565 176,565
005 MASSIVE ORDNANCE 15,500 15,500
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 124,102 124,102
MUNITION.
007 B-61................. 2,709 2,709
OTHER ITEMS
008 CAD/PAD.............. 47,210 47,210
009 EXPLOSIVE ORDNANCE 6,151 6,151
DISPOSAL (EOD).
010 SPARES AND REPAIR 535 535
PARTS.
011 MODIFICATIONS........ 292 292
012 ITEMS LESS THAN 9,164 9,164
$5,000,000.
FLARES
013 FLARES............... 95,297 95,297
FUZES
014 FUZES................ 50,795 50,795
SMALL ARMS
015 SMALL ARMS........... 12,343 12,343
TOTAL 795,168 790,168
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 43,655 43,655
SYSTEM.
003 COUNTERSPACE SYSTEMS. 64,804 64,804
004 FAMILY OF BEYOND LINE- 39,444 39,444
OF-SIGHT TERMINALS.
005 GENERAL INFORMATION 3,316 9,816
TECH--SPACE.
Increase [4,700]
satellite control
capacity UPL.
Modernize Space [1,800]
Aggressor
Equipment.
006 GPSIII FOLLOW ON..... 601,418 601,418
007 GPS III SPACE SEGMENT 84,452 84,452
008 GLOBAL POSTIONING 2,274 2,274
(SPACE).
009 HERITAGE TRANSITION.. 13,529 13,529
010 SPACEBORNE EQUIP 26,245 26,245
(COMSEC).
011 MILSATCOM............ 24,333 24,333
012 SBIR HIGH (SPACE).... 154,526 154,526
013 SPECIAL SPACE 142,188 142,188
ACTIVITIES.
014 MOBILE USER OBJECTIVE 45,371 45,371
SYSTEM.
015 NATIONAL SECURITY 1,337,347 1,337,347
SPACE LAUNCH.
016 NUDET DETECTION 6,690 6,690
SYSTEM.
017 PTES HUB............. 7,406 7,406
018 ROCKET SYSTEMS LAUNCH 10,429 10,429
PROGRAM.
020 SPACE MODS........... 64,371 64,371
021 SPACELIFT RANGE 93,774 93,774
SYSTEM SPACE.
SPARES
022 SPARES AND REPAIR 1,282 1,282
PARTS.
TOTAL 2,766,854 2,773,354
PROCUREMENT,
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 8,448 8,448
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 5,804 5,804
VEHICLE.
003 CAP VEHICLES......... 1,066 1,800
Program increase. [734]
004 CARGO AND UTILITY 57,459 49,959
VEHICLES.
Prior-year [-7,500]
underexecution.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 97,326 92,326
VEHICLE.
Excess carryover. [-5,000]
006 SECURITY AND TACTICAL 488 488
VEHICLES.
007 SPECIAL PURPOSE 75,694 75,694
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 12,525 12,525
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 34,933 34,933
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 9,134 9,134
CLEANING EQU.
011 BASE MAINTENANCE 111,820 87,013
SUPPORT VEHICLES.
Insufficient [-4,807]
justification.
Program decrease. [-20,000]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 66,022 66,022
014 STRATEGIC 885,051 885,051
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 5,809 5,809
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 5,719 5,719
EQUIPMENT.
017 INTELLIGENCE COMM 25,844 25,844
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 44,516 44,516
LANDING SYS.
019 BATTLE CONTROL 2,940 2,940
SYSTEM--FIXED.
020 THEATER AIR CONTROL 43,442 43,442
SYS IMPROVEMEN.
021 3D EXPEDITIONARY LONG- 96,186 307,686
RANGE RADAR.
ANG/Cyber [164,000]
Requirements--AF
UPL.
Build Command and [55,000]
Control Framework.
Program decrease. [-7,500]
022 WEATHER OBSERVATION 32,376 32,376
FORECAST.
023 STRATEGIC COMMAND AND 37,950 37,950
CONTROL.
024 CHEYENNE MOUNTAIN 8,258 8,258
COMPLEX.
025 MISSION PLANNING 14,717 14,717
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 43,917 116,247
TECHNOLOGY.
EUCOM--MPE MOB/ [13,800]
FOB.
INDOPACOM Mission [30,530]
Partner
Environment.
MISO............. [28,000]
028 AF GLOBAL COMMAND & 414 414
CONTROL SYS.
030 MOBILITY COMMAND AND 10,619 10,619
CONTROL.
031 AIR FORCE PHYSICAL 101,896 91,896
SECURITY SYSTEM.
Program decrease. [-10,000]
032 COMBAT TRAINING 222,598 222,598
RANGES.
033 COMBAT TRAINING 14,730 14,730
RANGES AP.
034 MINIMUM ESSENTIAL 77,119 77,119
EMERGENCY COMM N.
035 WIDE AREA 38,794 38,794
SURVEILLANCE (WAS).
036 C3 COUNTERMEASURES... 131,238 131,238
037 INTEGRATED PERSONNEL 15,240 15,240
AND PAY SYSTEM.
038 GCSS-AF FOS.......... 3,959 3,959
040 MAINTENANCE REPAIR & 4,387 4,387
OVERHAUL INITIATIVE.
041 THEATER BATTLE MGT C2 4,052 4,052
SYSTEM.
042 AIR & SPACE 2,224 2,224
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 58,499 58,499
TRANSPT INFRAST
(BITI) WIRED.
044 AFNET................ 65,354 65,354
045 JOINT COMMUNICATIONS 4,377 4,377
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 18,101 18,101
047 USSTRATCOM........... 4,226 4,226
ORGANIZATION AND BASE
048 TACTICAL C-E 162,955 156,955
EQUIPMENT.
Program decrease. [-6,000]
049 RADIO EQUIPMENT...... 14,232 12,232
Program decrease. [-2,000]
051 BASE COMM 200,797 310,797
INFRASTRUCTURE.
EUCOM--Modernize [55,000]
IT infrastructure.
Improve Space [7,000]
Digital
Integrated
Network and
Network Switches.
Modernize [55,000]
Essential
Warfighter IT
infrastructure.
MQ-9 UAV--Excess [-7,000]
carryover.
MODIFICATIONS
052 COMM ELECT MODS...... 18,607 18,607
PERSONAL SAFETY &
RESCUE EQUIP
053 PERSONAL SAFETY AND 106,449 106,449
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
054 POWER CONDITIONING 11,274 11,274
EQUIPMENT.
055 MECHANIZED MATERIAL 8,594 8,594
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
056 BASE PROCURED 1 1
EQUIPMENT.
057 ENGINEERING AND EOD 32,139 32,139
EQUIPMENT.
058 MOBILITY EQUIPMENT... 63,814 63,814
059 FUELS SUPPORT 17,928 17,928
EQUIPMENT (FSE).
060 BASE MAINTENANCE AND 48,534 48,534
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
062 DARP RC135........... 27,359 27,359
063 DCGS-AF.............. 261,070 261,070
065 SPECIAL UPDATE 777,652 777,652
PROGRAM.
CLASSIFIED PROGRAMS
065A CLASSIFIED PROGRAMS.. 20,983,908 21,183,908
Program Increase. [200,000]
SPARES AND REPAIR
PARTS
066 SPARES AND REPAIR 978 978
PARTS (CYBER).
067 SPARES AND REPAIR 9,575 9,575
PARTS.
TOTAL OTHER 25,251,137 25,790,394
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, SDA
024 MAJOR EQUIPMENT, DPAA 494 494
047 MAJOR EQUIPMENT, OSD. 31,420 31,420
048 JOINT CAPABILITY TECH 74,060 74,060
DEMONSTRATION (JCTD).
MAJOR EQUIPMENT, NSA
046 INFORMATION SYSTEMS 315 315
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, DISA
010 INFORMATION SYSTEMS 18,923 18,923
SECURITY.
011 TELEPORT PROGRAM..... 34,908 34,908
012 JOINT FORCES 1,968 1,968
HEADQUARTERS--DODIN.
013 ITEMS LESS THAN $5 42,270 42,270
MILLION.
014 DEFENSE INFORMATION 18,025 18,025
SYSTEM NETWORK.
015 WHITE HOUSE 44,522 44,522
COMMUNICATION AGENCY.
016 SENIOR LEADERSHIP 54,592 54,592
ENTERPRISE.
017 JOINT REGIONAL 62,657 62,657
SECURITY STACKS
(JRSS).
018 JOINT SERVICE 102,039 102,039
PROVIDER.
019 FOURTH ESTATE NETWORK 80,645 70,645
OPTIMIZATION (4ENO).
Program execution [-10,000]
MAJOR EQUIPMENT, DLA
021 MAJOR EQUIPMENT...... 530,896 510,896
Excess growth.... [-20,000]
MAJOR EQUIPMENT, DCSA
002 MAJOR EQUIPMENT...... 3,014 3,014
MAJOR EQUIPMENT, TJS
049 MAJOR EQUIPMENT, TJS. 7,830 7,830
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
029 THAAD................ 251,543 361,122
12 additional [109,579]
systems.
031 AEGIS BMD............ 334,621 334,621
032 AEGIS BMD AP......... 17,493 17,493
033 BMDS AN/TPY-2 RADARS. 2,738 2,738
034 SM-3 IIAS............ 295,322 336,822
Procure 2 [41,500]
additional all-up
rounds.
035 ARROW 3 UPPER TIER 62,000 62,000
SYSTEMS.
036 SHORT RANGE BALLISTIC 30,000 30,000
MISSILE DEFENSE
(SRBMD).
037 DEFENSE OF GUAM 40,000 40,000
PROCUREMENT.
038 AEGIS ASHORE PHASE 25,866 25,866
III.
039 IRON DOME............ 108,000 108,000
040 AEGIS BMD HARDWARE 81,791 81,791
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
004 PERSONNEL 4,042 4,042
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
026 VEHICLES............. 118 118
027 OTHER MAJOR EQUIPMENT 12,681 12,681
MAJOR EQUIPMENT,
DODEA
023 AUTOMATION/ 2,963 2,963
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
022 MAJOR EQUIPMENT...... 8,498 8,498
CLASSIFIED PROGRAMS
051A CLASSIFIED PROGRAMS.. 635,338 635,338
AGILE PROCUREMENT
TRANSITION PILOT
081 AGILE PROCUREMENT 100,000
TRANSITION PILOT.
Program increase. [100,000]
AVIATION PROGRAMS
052 ARMED OVERWATCH/ 170,000 170,000
TARGETING.
053 MANNED ISR........... 2,500 2,500
054 MC-12................ 2,250 2,250
055 MH-60 BLACKHAWK...... 29,900 29,900
056 ROTARY WING UPGRADES 202,278 202,278
AND SUSTAINMENT.
057 UNMANNED ISR......... 55,951 55,951
058 NON-STANDARD AVIATION 3,282 3,282
059 U-28................. 4,176 4,176
060 MH-47 CHINOOK........ 130,485 130,485
061 CV-22 MODIFICATION... 41,762 47,572
SOCOM--CV-22 [5,810]
Reliability
Acceleration.
062 MQ-9 UNMANNED AERIAL 8,020 8,020
VEHICLE.
063 PRECISION STRIKE 165,224 165,224
PACKAGE.
064 AC/MC-130J........... 205,216 205,216
065 C-130 MODIFICATIONS.. 13,373 13,373
SHIPBUILDING
066 UNDERWATER SYSTEMS... 17,227 23,327
SOCOM--Modernized [900]
Forward Look
Sonar.
SOCOM Combat [5,200]
Diving Advanced
Equipment
Acceleration.
AMMUNITION PROGRAMS
067 ORDNANCE ITEMS <$5M.. 168,072 168,072
OTHER PROCUREMENT
PROGRAMS
068 INTELLIGENCE SYSTEMS. 131,889 123,889
Program decrease. [-8,000]
069 DISTRIBUTED COMMON 5,991 5,991
GROUND/SURFACE
SYSTEMS.
070 OTHER ITEMS <$5M..... 62,722 62,722
071 COMBATANT CRAFT 17,080 17,080
SYSTEMS.
072 SPECIAL PROGRAMS..... 44,351 75,531
SOCOM--Medium [31,180]
Fixed Wing
Mobility
Modifications.
073 TACTICAL VEHICLES.... 26,806 26,806
074 WARRIOR SYSTEMS <$5M. 284,548 304,548
Radio Integration [20,000]
System Program
Upgrade.
075 COMBAT MISSION 27,513 27,513
REQUIREMENTS.
077 OPERATIONAL 20,252 20,252
ENHANCEMENTS
INTELLIGENCE.
078 OPERATIONAL 328,569 389,872
ENHANCEMENTS.
SOCOM--Armored [33,303]
Ground Mobility
Systems (AGMS)
Acceleration.
SOCOM--Fused [28,000]
Panoramic Night
Vision Goggles
Acceleration.
CBDP
079 CHEMICAL BIOLOGICAL 167,918 167,918
SITUATIONAL
AWARENESS.
080 CB PROTECTION & 189,265 189,265
HAZARD MITIGATION.
TOTAL 5,548,212 5,885,684
PROCUREMENT,
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 950,000
Program increase. [950,000]
TOTAL NATIONAL 950,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 132,205,078 147,064,524
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2022 House
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 297,241 324,288
.................................. Lightweight, High Entropy [5,000]
Alloy Research.
.................................. Program increase.............. [22,047]
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 66,981 72,809
.................................. Program increase.............. [5,828]
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 94,003 109,003
CENTERS.
.................................. Biotechnology advancements.... [4,000]
.................................. Polar Research and Training... [6,000]
.................................. SMART and Cognitive Research [5,000]
for RF/ Radar.
004 0601121A CYBER COLLABORATIVE RESEARCH 5,067 5,067
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,183 15,183
MACHINE LEARNING BASIC RESEARCH.
.................................. Program increase.............. [5,000]
.................................. SUBTOTAL BASIC RESEARCH........ 473,475 526,350
..................................
.................................. APPLIED RESEARCH
006 0602115A BIOMEDICAL TECHNOLOGY............. 11,925 11,925
007 0602134A COUNTER IMPROVISED-THREAT ADVANCED 1,976 1,976
STUDIES.
008 0602141A LETHALITY TECHNOLOGY.............. 64,126 65,126
.................................. CPF--Research and Development [1,000]
of Next Generation Explosives
and Propellants.
009 0602142A ARMY APPLIED RESEARCH............. 28,654 28,654
010 0602143A SOLDIER LETHALITY TECHNOLOGY...... 105,168 115,168
.................................. AFC Pathfinder Partnership [10,000]
Program-Air Assault.
011 0602144A GROUND TECHNOLOGY................. 56,400 118,400
.................................. Additive Manufacturing [9,000]
Materials.
.................................. Advanced materials process.... [10,000]
.................................. Chemical and Biological [5,000]
Detection.
.................................. CPF--Army Research Lab (ARL) [5,000]
Additive Manufacturing/Machine
Learning (AM/ML) Initiative.
.................................. High performance polymers..... [10,000]
.................................. Modeling Enabled [6,000]
Multifunctional Materials
Development (MEMMD).
.................................. Program increase.............. [17,000]
012 0602145A NEXT GENERATION COMBAT VEHICLE 172,166 190,166
TECHNOLOGY.
.................................. CPF--High-efficiency Truck [2,500]
Users Forum (HTUF).
.................................. CPF--Structural Thermoplastics [4,500]
Large-Scale Low-Cost Tooling
Solutions.
.................................. Prototyping Energy Smart [8,000]
Autonomous Ground Systems.
.................................. Tactical Behaviors for [3,000]
Autonomous Maneuver.
013 0602146A NETWORK C3I TECHNOLOGY............ 84,606 136,406
.................................. Advanced fabrics for shelters. [9,000]
.................................. Alternative PNT............... [15,000]
.................................. CPF--Future Nano- and Micro- [6,800]
Fabrication - Advanced
Materials Engineering Research
Institute.
.................................. CPF--Multiple Drone, Multiple [5,000]
Sensor ISR Capabilities.
.................................. Distributed Radio Frequency [10,000]
Sensor/Effector Technology for
Strategic Defense.
.................................. Intelligent Electronic [6,000]
Protection Technologies.
014 0602147A LONG RANGE PRECISION FIRES 64,285 94,535
TECHNOLOGY.
.................................. Machine Learning for Army [10,000]
Integrated Fires.
.................................. Novel Printed Armaments [15,000]
Components.
.................................. Precision Long Range [5,250]
Integrated Strike (PLRIS).
015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 91,411 91,411
016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 64,316
.................................. Advancement of critical HEL [10,000]
technologies.
.................................. Cyber Electromagnetic (CEMA) [15,000]
Missile Defender.
.................................. High energy laser integration. [20,000]
017 0602180A ARTIFICIAL INTELLIGENCE AND 15,034 15,034
MACHINE LEARNING TECHNOLOGIES.
018 0602181A ALL DOMAIN CONVERGENCE APPLIED 25,967 25,967
RESEARCH.
019 0602182A C3I APPLIED RESEARCH.............. 12,406 12,406
020 0602183A AIR PLATFORM APPLIED RESEARCH..... 6,597 16,597
.................................. High density eVTOL power [10,000]
source.
021 0602184A SOLDIER APPLIED RESEARCH.......... 11,064 26,064
.................................. Advanced AI/AA analytics...... [5,000]
.................................. AFC Pathfinder Partnership [10,000]
Program.
022 0602213A C3I APPLIED CYBER................. 12,123 12,123
023 0602386A BIOTECHNOLOGY FOR MATERIALS-- 20,643 20,643
APPLIED RESEARCH.
024 0602785A MANPOWER/PERSONNEL/TRAINING 18,701 18,701
TECHNOLOGY.
025 0602787A MEDICAL TECHNOLOGY................ 91,720 95,720
.................................. CPF--Human Performance [2,000]
Optimization (HPO) Center.
.................................. CPF--Suicide Prevention with [2,000]
Focus on Rural, Remote,
Isolated, and OCONUS
Installations.
.................................. SUBTOTAL APPLIED RESEARCH...... 914,288 1,161,338
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603002A MEDICAL ADVANCED TECHNOLOGY....... 43,804 43,804
027 0603007A MANPOWER, PERSONNEL AND TRAINING 14,273 14,273
ADVANCED TECHNOLOGY.
028 0603025A ARMY AGILE INNOVATION AND 22,231 22,231
DEMONSTRATION.
029 0603040A ARTIFICIAL INTELLIGENCE AND 909 909
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
030 0603041A ALL DOMAIN CONVERGENCE ADVANCED 17,743 17,743
TECHNOLOGY.
031 0603042A C3I ADVANCED TECHNOLOGY........... 3,151 3,151
032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 754 754
033 0603044A SOLDIER ADVANCED TECHNOLOGY....... 890 890
034 0603115A MEDICAL DEVELOPMENT............... 26,521 26,521
035 0603116A LETHALITY ADVANCED TECHNOLOGY..... 8,066 8,066
036 0603117A ARMY ADVANCED TECHNOLOGY 76,815 76,815
DEVELOPMENT.
037 0603118A SOLDIER LETHALITY ADVANCED 107,966 107,966
TECHNOLOGY.
038 0603119A GROUND ADVANCED TECHNOLOGY........ 23,403 63,403
.................................. Advanced Entry Control Point [5,000]
Design.
.................................. Cold weather military research [2,000]
.................................. CPF--Military Operations in a [3,000]
Permafrost Environment.
.................................. Ground Advanced Technology--3D [12,000]
Printed Structures.
.................................. Program increase.............. [10,000]
.................................. Rapid entry and sustainment [8,000]
for the Arctic.
039 0603134A COUNTER IMPROVISED-THREAT 24,747 24,747
SIMULATION.
040 0603386A BIOTECHNOLOGY FOR MATERIALS-- 53,736 53,736
ADVANCED RESEARCH.
041 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 31,426 31,426
042 0603461A HIGH PERFORMANCE COMPUTING 189,123 231,523
MODERNIZATION PROGRAM.
.................................. Program increase.............. [42,400]
043 0603462A NEXT GENERATION COMBAT VEHICLE 164,951 169,951
ADVANCED TECHNOLOGY.
.................................. Vehicle Cyber Security [5,000]
Research.
044 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 155,867 174,267
.................................. C3I Assured Position, [10,000]
Navigation, and Timing
Technology.
.................................. Infrastructure Smart [8,400]
Technology.
045 0603464A LONG RANGE PRECISION FIRES 93,909 123,909
ADVANCED TECHNOLOGY.
.................................. Extended Range Artillery [10,000]
Munition Suite (ERAMS).
.................................. Missile effects planning tool [10,000]
developlment.
.................................. Project AG5................... [10,000]
046 0603465A FUTURE VERTICAL LIFT ADVANCED 179,677 179,677
TECHNOLOGY.
047 0603466A AIR AND MISSILE DEFENSE ADVANCED 48,826 66,326
TECHNOLOGY.
.................................. Late contract award........... [-2,500]
.................................. Program increase--Missile [10,000]
Mentor.
.................................. Vehicle-mounted high-energy [10,000]
laser weapon systems
development.
048 0603920A HUMANITARIAN DEMINING............. 8,649 8,649
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,297,437 1,450,737
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
049 0603305A ARMY MISSILE DEFENSE SYSTEMS 11,702 53,702
INTEGRATION.
.................................. Electro-Magnetic Denial and [10,000]
Protect.
.................................. Flight Analysis Software [8,000]
Toolkit.
.................................. PNT Resiliency Lab............ [8,000]
.................................. Program increase.............. [10,000]
.................................. Scalable High Powered [6,000]
Microwave Technology.
050 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 18,755 21,755
.................................. Multi-Mission Synthetic [3,000]
Aperture Radar Payload
Development.
052 0603619A LANDMINE WARFARE AND BARRIER--ADV 50,314 50,314
DEV.
053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 79,873
054 0603645A ARMORED SYSTEM MODERNIZATION--ADV 170,590 176,390
DEV.
.................................. Excess to need................ [-4,000]
.................................. Ground vehicle modeling and [9,800]
simulation research and
development.
055 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 2,897 2,897
056 0603766A TACTICAL ELECTRONIC SURVEILLANCE 113,365 113,365
SYSTEM--ADV DEV.
057 0603774A NIGHT VISION SYSTEMS ADVANCED 18,000 21,804
DEVELOPMENT.
.................................. Soldier Maneuver Sensors Adv [3,804]
Dev Lethality Smart System--
Army UPL.
058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 11,921 11,921
DEM/VAL.
059 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,777 3,777
060 0603801A AVIATION--ADV DEV................. 1,125,641 1,134,141
.................................. Excess to need................ [-24,500]
.................................. FLRAA risk reduction.......... [33,000]
061 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,055 7,055
ADV DEV.
062 0603807A MEDICAL SYSTEMS--ADV DEV.......... 22,071 22,071
063 0603827A SOLDIER SYSTEMS--ADVANCED 17,459 17,459
DEVELOPMENT.
064 0604017A ROBOTICS DEVELOPMENT.............. 87,198 75,048
.................................. Excess carryover.............. [-7,150]
.................................. Unjustified growth--other [-5,000]
support costs.
065 0604019A EXPANDED MISSION AREA MISSILE 50,674 43,674
(EMAM).
.................................. IFPC-HEL Late Contract Award.. [-7,000]
067 0604035A LOW EARTH ORBIT (LEO) SATELLITE 19,638 19,638
CAPABILITY.
068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 50,548 45,498
ADV DEV.
.................................. Insufficient justification.... [-5,050]
069 0604037A TACTICAL INTEL TARGETING ACCESS 28,347 28,347
NODE (TITAN) ADV DEV.
070 0604100A ANALYSIS OF ALTERNATIVES.......... 10,091 10,091
071 0604101A SMALL UNMANNED AERIAL VEHICLE 926 926
(SUAV) (6.4).
072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 69,697 69,697
SYSTEM (FTUAS).
073 0604114A LOWER TIER AIR MISSILE DEFENSE 327,690 327,690
(LTAMD) SENSOR.
074 0604115A TECHNOLOGY MATURATION INITIATIVES. 270,124 180,324
.................................. Insufficient justification.... [-80,000]
.................................. Program decrease.............. [-9,800]
075 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 39,376 32,976
(M-SHORAD).
.................................. Excess carryover.............. [-6,400]
076 0604119A ARMY ADVANCED COMPONENT 189,483 189,483
DEVELOPMENT & PROTOTYPING.
077 0604120A ASSURED POSITIONING, NAVIGATION 96,679 96,679
AND TIMING (PNT).
078 0604121A SYNTHETIC TRAINING ENVIRONMENT 194,195 192,195
REFINEMENT & PROTOTYPING.
.................................. Prior-year carryover.......... [-2,000]
079 0604134A COUNTER IMPROVISED-THREAT 13,379 13,379
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
080 0604182A HYPERSONICS....................... 300,928 300,928
081 0604403A FUTURE INTERCEPTOR................ 7,895 7,895
082 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 19,148 19,148
SYSTEMS ADVANCED DEVELOPMENT.
083 0604541A UNIFIED NETWORK TRANSPORT......... 35,409 35,409
084 0604644A MOBILE MEDIUM RANGE MISSILE....... 286,457 281,457
.................................. Prior-year carryover.......... [-5,000]
085 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,040 2,040
ACTIVITY 4).
086 0305251A CYBERSPACE OPERATIONS FORCES AND 52,988 52,988
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,806,330 3,742,034
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
089 0604201A AIRCRAFT AVIONICS................. 6,654 6,654
090 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 30,840 26,440
.................................. Early to need................. [-4,400]
091 0604601A INFANTRY SUPPORT WEAPONS.......... 67,873 72,873
.................................. Turret Gunner Survivability [5,000]
and Simulation Environment.
092 0604604A MEDIUM TACTICAL VEHICLES.......... 11,374 11,374
093 0604611A JAVELIN........................... 7,094 7,094
094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 31,602 31,602
095 0604633A AIR TRAFFIC CONTROL............... 4,405 4,405
096 0604642A LIGHT TACTICAL WHEELED VEHICLES... 2,055 7,655
.................................. Electric Light Recon Vehicle-- [5,600]
Army UPL.
097 0604645A ARMORED SYSTEMS MODERNIZATION 137,256 137,256
(ASM)--ENG DEV.
098 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,690 112,690
.................................. Transfer from Other [50,000]
Procurement, Army line 83.
099 0604713A COMBAT FEEDING, CLOTHING, AND 1,658 1,658
EQUIPMENT.
100 0604715A NON-SYSTEM TRAINING DEVICES--ENG 26,540 26,540
DEV.
101 0604741A AIR DEFENSE COMMAND, CONTROL AND 59,518 59,518
INTELLIGENCE--ENG DEV.
102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 22,331 22,331
DEVELOPMENT.
103 0604746A AUTOMATIC TEST EQUIPMENT 8,807 8,807
DEVELOPMENT.
104 0604760A DISTRIBUTIVE INTERACTIVE 7,453 7,453
SIMULATIONS (DIS)--ENG DEV.
107 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,534 21,534
EVALUATION.
108 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 309,778 309,778
109 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 59,261 52,261
ENG DEV.
.................................. Excess carryover.............. [-7,000]
110 0604805A COMMAND, CONTROL, COMMUNICATIONS 20,121 20,121
SYSTEMS--ENG DEV.
111 0604807A MEDICAL MATERIEL/MEDICAL 44,424 44,424
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
112 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 14,137 9,137
.................................. Insufficient justification.... [-5,000]
113 0604818A ARMY TACTICAL COMMAND & CONTROL 162,704 162,704
HARDWARE & SOFTWARE.
114 0604820A RADAR DEVELOPMENT................. 127,919 127,919
115 0604822A GENERAL FUND ENTERPRISE BUSINESS 17,623 17,623
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,454 6,454
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 106,354 127,354
SYSTEMS--EMD.
.................................. Program increase for vehicle [21,000]
protection system research--
Army UPL.
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 122,168
121 0605018A INTEGRATED PERSONNEL AND PAY 76,936 76,936
SYSTEM-ARMY (IPPS-A).
122 0605028A ARMORED MULTI-PURPOSE VEHICLE 35,560 35,560
(AMPV).
124 0605030A JOINT TACTICAL NETWORK CENTER 16,364 16,364
(JTNC).
125 0605031A JOINT TACTICAL NETWORK (JTN)...... 28,954 28,954
128 0605035A COMMON INFRARED COUNTERMEASURES 16,630 16,630
(CIRCM).
130 0605038A NUCLEAR BIOLOGICAL CHEMICAL 7,618 7,618
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 18,892 18,892
132 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,849 28,849
(LOW-TIER).
133 0605047A CONTRACT WRITING SYSTEM........... 22,960 22,960
135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603
136 0605052A INDIRECT FIRE PROTECTION 233,512 233,512
CAPABILITY INC 2--BLOCK 1.
137 0605053A GROUND ROBOTICS................... 18,241 18,241
138 0605054A EMERGING TECHNOLOGY INITIATIVES... 254,945 254,945
139 0605143A BIOMETRICS ENABLING CAPABILITY 4,326 4,326
(BEC).
140 0605144A NEXT GENERATION LOAD DEVICE-- 15,616 15,616
MEDIUM.
141 0605145A MEDICAL PRODUCTS AND SUPPORT 962 962
SYSTEMS DEVELOPMENT.
142 0605148A TACTICAL INTEL TARGETING ACCESS 54,972 54,972
NODE (TITAN) EMD.
143 0605203A ARMY SYSTEM DEVELOPMENT & 122,175 122,175
DEMONSTRATION.
144 0605205A SMALL UNMANNED AERIAL VEHICLE 2,275 2,275
(SUAV) (6.5).
145 0605224A MULTI-DOMAIN INTELLIGENCE......... 9,313 9,313
146 0605225A SIO CAPABILITY DEVELOPMENT........ 22,713 22,713
147 0605231A PRECISION STRIKE MISSILE (PRSM)... 188,452 188,452
148 0605232A HYPERSONICS EMD................... 111,473 111,473
149 0605233A ACCESSIONS INFORMATION ENVIRONMENT 18,790 18,790
(AIE).
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134
151 0605457A ARMY INTEGRATED AIR AND MISSILE 157,873 157,873
DEFENSE (AIAMD).
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 33,386 33,386
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 225,106 203,106
.................................. Excess carryover.............. [-10,000]
.................................. Unjustified growth--other [-7,000]
support costs.
.................................. Unjustified growth--program [-5,000]
management.
154 0605766A NATIONAL CAPABILITIES INTEGRATION 14,454 14,454
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 2,564 2,564
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,201 1,201
157 0303032A TROJAN--RH12...................... 3,362 3,362
161 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 75,520 75,520
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,392,358 3,435,558
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
162 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,439 18,439
163 0604258A TARGET SYSTEMS DEVELOPMENT........ 17,404 17,404
164 0604759A MAJOR T&E INVESTMENT.............. 68,139 68,139
165 0605103A RAND ARROYO CENTER................ 33,126 33,126
166 0605301A ARMY KWAJALEIN ATOLL.............. 240,877 240,877
167 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 79,710 79,710
169 0605601A ARMY TEST RANGES AND FACILITIES... 354,227 354,227
170 0605602A ARMY TECHNICAL TEST 49,253 69,739
INSTRUMENTATION AND TARGETS.
.................................. Modular Open System [20,486]
Architecture (MOSA)
integration research and
testing.
171 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,389 36,389
172 0605606A AIRCRAFT CERTIFICATION............ 2,489 2,489
173 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,689 6,689
ACTIVITIES.
174 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,558 21,558
175 0605709A EXPLOITATION OF FOREIGN ITEMS..... 13,631 13,631
176 0605712A SUPPORT OF OPERATIONAL TESTING.... 55,122 55,122
177 0605716A ARMY EVALUATION CENTER............ 65,854 65,854
178 0605718A ARMY MODELING & SIM X-CMD 2,633 2,633
COLLABORATION & INTEG.
179 0605801A PROGRAMWIDE ACTIVITIES............ 96,589 96,589
180 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,808 26,808
181 0605805A MUNITIONS STANDARDIZATION, 43,042 48,042
EFFECTIVENESS AND SAFETY.
.................................. Program increase for Advanced [5,000]
Ammunition Material and
Manufacturing Technologies.
182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,789 1,789
MGMT SUPPORT.
183 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 52,108 52,108
R&D - MHA.
185 0606002A RONALD REAGAN BALLISTIC MISSILE 80,952 80,952
DEFENSE TEST SITE.
186 0606003A COUNTERINTEL AND HUMAN INTEL 5,363 5,363
MODERNIZATION.
187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 39,041 39,041
188 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,466 5,466
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,416,698 1,442,184
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 12,314 12,314
191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,868 8,868
192 0607131A WEAPONS AND MUNITIONS PRODUCT 22,828 38,828
IMPROVEMENT PROGRAMS.
.................................. Agile Manufacturing for [16,000]
Advanced Armament Systems.
194 0607136A BLACKHAWK PRODUCT IMPROVEMENT 4,773 6,773
PROGRAM.
.................................. Program increase.............. [2,000]
195 0607137A CHINOOK PRODUCT IMPROVEMENT 52,372 62,372
PROGRAM.
.................................. Program increase--T55-714C [10,000]
acceleration.
196 0607139A IMPROVED TURBINE ENGINE PROGRAM... 275,024 315,024
.................................. Army Improved Turbine Engine [40,000]
Program.
197 0607142A AVIATION ROCKET SYSTEM PRODUCT 12,417 12,417
IMPROVEMENT AND DEVELOPMENT.
198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 4,594 4,594
PRODUCTS.
199 0607145A APACHE FUTURE DEVELOPMENT......... 10,067 25,067
.................................. Program increase--air vehicle [15,000]
advancement and advanced
mission systems..
200 0607148A AN/TPQ-53 COUNTERFIRE TARGET 56,681 56,681
ACQUISITION RADAR SYSTEM.
201 0607150A INTEL CYBER DEVELOPMENT........... 3,611 12,471
.................................. Cyber-Info Dominance Center... [8,860]
202 0607312A ARMY OPERATIONAL SYSTEMS 28,029 28,029
DEVELOPMENT.
203 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 5,673 5,673
204 0607665A FAMILY OF BIOMETRICS.............. 1,178 1,178
205 0607865A PATRIOT PRODUCT IMPROVEMENT....... 125,932 125,932
206 0203728A JOINT AUTOMATED DEEP OPERATION 25,547 25,547
COORDINATION SYSTEM (JADOCS).
207 0203735A COMBAT VEHICLE IMPROVEMENT 211,523 276,523
PROGRAMS.
.................................. Abrams tank modernization..... [65,000]
208 0203743A 155MM SELF-PROPELLED HOWITZER 213,281 208,136
IMPROVEMENTS.
.................................. Excess carryover.............. [-5,145]
210 0203752A AIRCRAFT ENGINE COMPONENT 132 132
IMPROVEMENT PROGRAM.
211 0203758A DIGITIZATION...................... 3,936 3,936
212 0203801A MISSILE/AIR DEFENSE PRODUCT 127 127
IMPROVEMENT PROGRAM.
213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,265 10,265
PROGRAMS.
214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 262 262
OPERATIONAL SYSTEM DEV.
215 0205456A LOWER TIER AIR AND MISSILE DEFENSE 182 182
(AMD) SYSTEM.
216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 63,937 63,937
SYSTEM (GMLRS).
217 0208053A JOINT TACTICAL GROUND SYSTEM...... 13,379 13,379
219 0303028A SECURITY AND INTELLIGENCE 24,531 24,531
ACTIVITIES.
220 0303140A INFORMATION SYSTEMS SECURITY 15,720 15,720
PROGRAM.
221 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 52,739 61,739
.................................. ERP Convergence............... [9,000]
222 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 15,247 15,247
226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430
227 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 8,410 8,410
228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 24,460 24,460
233 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,066 2,066
234 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,720 76,720
ACTIVITIES.
.................................. Digital Night Vision Cameras.. [15,000]
236A 9999999999 CLASSIFIED PROGRAMS............... 2,993 2,993
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,380,248 1,555,963
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
237 0608041A DEFENSIVE CYBER--SOFTWARE 118,811 118,811
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 118,811 118,811
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,799,645 13,432,975
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 117,448 160,136
.................................. Defense University Research [20,000]
Instrumentation Program.
.................................. Program increase.............. [22,688]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 23,399
RESEARCH.
.................................. Program increase.............. [23,399]
003 0601153N DEFENSE RESEARCH SCIENCES......... 484,421 489,406
.................................. CPF--Digital Twins for Navy [1,985]
Maintenance.
.................................. Program increase.............. [3,000]
.................................. SUBTOTAL BASIC RESEARCH........ 601,869 672,941
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 23,013 33,013
.................................. Multi-Mission UAV-borne [10,000]
Electronic Attack.
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,888 143,388
.................................. Program increase.............. [5,000]
.................................. Relative positioning of [5,000]
autonomous platforms.
.................................. Talent and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 51,112 61,112
TECHNOLOGY.
.................................. Unmanned logistics solutions.. [10,000]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,477 51,477
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,547 80,547
RESEARCH.
.................................. High Mobility Ground Robots to [5,000]
Assist Dismounted Infantry in
Urban Operations.
.................................. Humanoid robotics in complex [5,000]
unstructured environments.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 85,157 85,157
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 70,086 90,086
APPLIED RESEARCH.
.................................. Program increase.............. [20,000]
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,405 6,405
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,484 112,484
.................................. Academic partnerships for [16,500]
undersea vehicle research and
manufacturing.
.................................. Continuous distributed sensing [20,000]
systems.
.................................. CPF--Connected AI for [5,000]
Autonomous UUV Systems.
.................................. CPF--Persistent Maritime [5,000]
Surveillance.
.................................. Program increase.............. [8,500]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,356 193,356
RESEARCH.
.................................. Remote acoustic sensing....... [20,000]
014 0602782N MINE AND EXPEDITIONARY WARFARE 32,160 32,160
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 152,976 152,976
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 79,254 79,254
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 975,915 1,121,415
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 21,661 21,661
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,146 8,146
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 224,155 264,055
DEMONSTRATION (ATD).
.................................. Low Cost Attributable Aircraft [25,000]
Technology.
.................................. Maritime Targeting Cell-- [5,300]
Expeditionary (MTC-X).
.................................. Next Generation Logistics - [9,600]
Autonomous Littoral Connector.
020 0603651M JOINT NON-LETHAL WEAPONS 13,429 13,429
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 265,299 265,299
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 57,236 57,236
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,935 4,935
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 47,167 52,167
DEMONSTRATIONS.
.................................. Net-Zero and Resilient Energy [5,000]
Installations.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,981 1,981
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,779 158,779
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Attritable Group III Ultra- [10,000]
Long Endurance Unmanned
Aircraft for Persistent ISR.
.................................. Program increase--railgun..... [15,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 777,788 847,688
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 16,879 16,879
028 0603178N MEDIUM AND LARGE UNMANNED SURFACE 144,846 144,846
VEHICLES (USVS).
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 27,849 27,849
030 0603216N AVIATION SURVIVABILITY............ 16,815 16,815
031 0603239N NAVAL CONSTRUCTION FORCES......... 5,290 5,290
033 0603254N ASW SYSTEMS DEVELOPMENT........... 17,612 17,612
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,111 3,111
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310
036 0603502N SURFACE AND SHALLOW WATER MINE 58,013 58,013
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 1,862 1,862
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,182 7,182
039 0603525N PILOT FISH........................ 408,087 408,087
040 0603527N RETRACT LARCH..................... 44,197 44,197
041 0603536N RETRACT JUNIPER................... 144,541 144,541
042 0603542N RADIOLOGICAL CONTROL.............. 761 761
043 0603553N SURFACE ASW....................... 1,144 1,144
044 0603561N ADVANCED SUBMARINE SYSTEM 99,782 79,782
DEVELOPMENT.
.................................. Production delay.............. [-20,000]
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 111,590 111,590
047 0603564N SHIP PRELIMINARY DESIGN & 106,957 106,957
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 203,572 203,572
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122
050 0603576N CHALK EAGLE....................... 80,270 80,270
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 84,924 84,924
052 0603582N COMBAT SYSTEM INTEGRATION......... 17,322 17,322
053 0603595N OHIO REPLACEMENT.................. 296,231 266,231
.................................. Excessive cost growth......... [-30,000]
054 0603596N LCS MISSION MODULES............... 75,995 75,995
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 7,805 7,805
056 0603599N FRIGATE DEVELOPMENT............... 109,459 109,459
057 0603609N CONVENTIONAL MUNITIONS............ 7,296 7,296
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 77,065 77,065
SYSTEM.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 34,785 34,785
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 8,774 8,774
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 20,677 20,677
062 0603724N NAVY ENERGY PROGRAM............... 33,824 43,824
.................................. AR3P Auto Refueling System.... [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 6,327 6,327
064 0603734N CHALK CORAL....................... 579,389 579,389
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 669 669
066 0603746N RETRACT MAPLE..................... 295,295 295,295
067 0603748N LINK PLUMERIA..................... 692,280 692,280
068 0603751N RETRACT ELM....................... 83,904 83,904
069 0603764M LINK EVERGREEN.................... 221,253 221,253
071 0603790N NATO RESEARCH AND DEVELOPMENT..... 5,805 5,805
072 0603795N LAND ATTACK TECHNOLOGY............ 4,017 4,017
073 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 29,589 29,589
074 0603860N JOINT PRECISION APPROACH AND 24,450 24,450
LANDING SYSTEMS--DEM/VAL.
075 0603925N DIRECTED ENERGY AND ELECTRIC 81,803 81,803
WEAPON SYSTEMS.
076 0604014N F/A -18 INFRARED SEARCH AND TRACK 48,793 48,793
(IRST).
077 0604027N DIGITAL WARFARE OFFICE............ 46,769 55,752
.................................. Navy Tactical Grid Development [8,983]
for JADC2.
078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 84,676 84,676
VEHICLES.
079 0604029N UNMANNED UNDERSEA VEHICLE CORE 59,299 59,299
TECHNOLOGIES.
081 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 88,063 88,063
082 0604112N GERALD R. FORD CLASS NUCLEAR 121,509 156,509
AIRCRAFT CARRIER (CVN 78--80).
.................................. Integrated Digital [35,000]
Shipbuilding.
083 0604126N LITTORAL AIRBORNE MCM............. 18,669 69
.................................. COBRA Block II early to need.. [-18,600]
084 0604127N SURFACE MINE COUNTERMEASURES...... 13,655 13,655
085 0604272N TACTICAL AIR DIRECTIONAL INFRARED 33,246 33,246
COUNTERMEASURES (TADIRCM).
086 0604289M NEXT GENERATION LOGISTICS......... 1,071 6,071
.................................. Additive Manufacturing Part [5,000]
Screening and Selection
Software Tool.
087 0604292N FUTURE VERTICAL LIFT (MARITIME 9,825 9,825
STRIKE).
088 0604320M RAPID TECHNOLOGY CAPABILITY 6,555 6,555
PROTOTYPE.
089 0604454N LX (R)............................ 3,344 3,344
090 0604536N ADVANCED UNDERSEA PROTOTYPING..... 58,473 58,473
091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,529 5,529
(C-UAS).
092 0604659N PRECISION STRIKE WEAPONS 97,944 97,944
DEVELOPMENT PROGRAM.
093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,340 9,340
ARCHITECTURE/ENGINEERING SUPPORT.
094 0604786N OFFENSIVE ANTI-SURFACE WARFARE 127,756 127,756
WEAPON DEVELOPMENT.
095 0605512N MEDIUM UNMANNED SURFACE VEHICLES 60,028 101,728
(MUSVS)).
.................................. Carry out execution of CLIN [41,700]
0101.
096 0605513N UNMANNED SURFACE VEHICLE ENABLING 170,838 123,838
CAPABILITIES.
.................................. USV machinery qualification [-47,000]
insuficient justification.
097 0605514M GROUND BASED ANTI-SHIP MISSILE 102,716 102,716
(MARFORRES).
098 0605516M LONG RANGE FIRES (MARFORRES)...... 88,479 88,479
099 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,372,340 1,498,340
.................................. Conventional Prompt Strike [126,000]
(CPS) RDT&E.
100 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 8,571 8,571
101 0304240M ADVANCED TACTICAL UNMANNED 16,204 63,604
AIRCRAFT SYSTEM.
.................................. KMAX.......................... [12,400]
.................................. Solar-powered UAS............. [35,000]
102 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 506 506
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 7,077,987 7,236,470
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
103 0603208N TRAINING SYSTEM AIRCRAFT.......... 5,864 5,864
104 0604212N OTHER HELO DEVELOPMENT............ 56,444 49,312
.................................. AURA--excess to need.......... [-7,132]
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 10,146 10,146
106 0604215N STANDARDS DEVELOPMENT............. 4,082 4,082
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 46,418 56,418
DEVELOPMENT.
.................................. Program increase--MH-60 [10,000]
modernization.
108 0604221N P-3 MODERNIZATION PROGRAM......... 579 579
109 0604230N WARFARE SUPPORT SYSTEM............ 10,167 10,167
110 0604231N COMMAND AND CONTROL SYSTEMS....... 122,913 122,913
111 0604234N ADVANCED HAWKEYE.................. 386,860 386,860
112 0604245M H-1 UPGRADES...................... 50,158 50,158
113 0604261N ACOUSTIC SEARCH SENSORS........... 46,066 46,066
114 0604262N V-22A............................. 107,984 107,984
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 22,746 22,746
116 0604269N EA-18............................. 68,425 68,425
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 139,535 136,593
.................................. Dual Band Decoy previously [-2,942]
funded.
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,932 45,932
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 243,923 245,423
.................................. High band risk reduction...... [10,000]
.................................. Test and evaluation delays.... [-8,500]
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 234,434 243,417
(JTRS-NAVY).
.................................. Navy Tactical Grid Development [8,983]
for JADC2.
121 0604282N NEXT GENERATION JAMMER (NGJ) 248,096 230,100
INCREMENT II.
.................................. Contract delays............... [-17,996]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 371,575 371,575
ENGINEERING.
123 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 904 904
124 0604329N SMALL DIAMETER BOMB (SDB)......... 46,769 46,769
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 343,511 343,511
126 0604373N AIRBORNE MCM...................... 10,881 10,881
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 46,121 46,121
COUNTER AIR SYSTEMS ENGINEERING.
129 0604501N ADVANCED ABOVE WATER SENSORS...... 77,852 77,852
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 95,693 95,693
131 0604504N AIR CONTROL....................... 27,499 27,499
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 8,924 8,924
133 0604518N COMBAT INFORMATION CENTER 11,631 11,631
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 96,556 96,556
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 147 147
136 0604558N NEW DESIGN SSN.................... 503,252 653,252
.................................. SSN Block VI design and [150,000]
advanced capabilities.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,115 68,115
.................................. Submarine Launched UAS........ [6,000]
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 54,829 54,829
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,290 4,290
140 0604601N MINE DEVELOPMENT.................. 76,027 76,027
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 94,386 94,386
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,348 8,348
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 42,144 42,144
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,375 7,375
AND HUMAN FACTORS.
146 0604755N SHIP SELF DEFENSE (DETECT & 149,433 149,433
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 87,862 87,862
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 69,006 69,006
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 20,684 20,684
150 0604771N MEDICAL DEVELOPMENT............... 3,967 11,467
.................................. Program increase - autonomous [7,500]
aerial technology for
distributed logistics..
151 0604777N NAVIGATION/ID SYSTEM.............. 48,837 48,837
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 577 577
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 262 262
154 0604850N SSN(X)............................ 29,829 29,829
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 243,828
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,426 8,426
158 0605180N TACAMO MODERNIZATION.............. 150,592 90,472
.................................. Unjustified air vehicle [-60,120]
acquisition strategy.
159 0605212M CH-53K RDTE....................... 256,903 256,903
160 0605215N MISSION PLANNING.................. 88,128 88,128
161 0605217N COMMON AVIONICS................... 60,117 92,017
.................................. MAGTF Agile Network Gateway [31,900]
Link (MANGL) Wholene Tactical.
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 6,320 6,320
163 0605327N T-AO 205 CLASS.................... 4,336 4,336
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 268,937 268,937
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 27,279 27,279
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 173,784 173,784
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 80,709 80,709
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,005 2,005
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 112,576 112,576
174 0304785N ISR & INFO OPERATIONS............. 136,140 126,140
.................................. Program decrease.............. [-10,000]
175 0306250M CYBER OPERATIONS TECHNOLOGY 26,318 26,318
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,910,089 6,027,782
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
176 0604256N THREAT SIMULATOR DEVELOPMENT...... 20,862 20,862
177 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,113 12,113
178 0604759N MAJOR T&E INVESTMENT.............. 84,617 84,617
179 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,108 3,108
180 0605154N CENTER FOR NAVAL ANALYSES......... 38,590 38,590
183 0605804N TECHNICAL INFORMATION SERVICES.... 934 934
184 0605853N MANAGEMENT, TECHNICAL & 93,966 93,966
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,538 3,538
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 135,149 135,149
187 0605864N TEST AND EVALUATION SUPPORT....... 429,277 429,277
188 0605865N OPERATIONAL TEST AND EVALUATION 24,872 24,872
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 17,653 17,653
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,065 8,065
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 47,042 44,042
.................................. Wargaming capability project [-3,000]
restructured.
192 0605898N MANAGEMENT HQ--R&D................ 35,614 35,614
193 0606355N WARFARE INNOVATION MANAGEMENT..... 38,958 38,958
194 0305327N INSIDER THREAT.................... 2,581 2,581
195 0902498N MANAGEMENT HEADQUARTERS 1,747 1,747
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 998,686 995,686
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604840M F-35 C2D2......................... 515,746 464,146
.................................. TR-3/B4 cost growth........... [-51,600]
200 0604840N F-35 C2D2......................... 481,962 433,762
.................................. TR-3/B4 cost growth........... [-48,200]
201 0605520M MARINE CORPS AIR DEFENSE WEAPONS 65,381 65,381
SYSTEMS (MARFORRES).
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 176,486 176,486
(CEC).
203 0101221N STRATEGIC SUB & WEAPONS SYSTEM 177,098 186,098
SUPPORT.
.................................. Next Generation Strategic [9,000]
Inertial Measurement Unit.
204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,775 45,775
205 0101226N SUBMARINE ACOUSTIC WARFARE 64,752 74,752
DEVELOPMENT.
.................................. MK 5 acoustic device [10,000]
countermeasure.
206 0101402N NAVY STRATEGIC COMMUNICATIONS..... 35,451 35,451
207 0204136N F/A-18 SQUADRONS.................. 189,224 193,224
.................................. Jet Noise Reduction Technology [4,000]
208 0204228N SURFACE SUPPORT................... 13,733 13,733
209 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,181 132,181
PLANNING CENTER (TMPC).
210 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 84,276 84,276
211 0204313N SHIP-TOWED ARRAY SURVEILLANCE 6,261 6,261
SYSTEMS.
212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,657 1,657
(DISPLACEMENT CRAFT).
213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 21,367 68,367
ATOR).
.................................. Naval Integrated Fire Control-- [12,000]
USMC UPL.
.................................. Radar Signal Processor [12,000]
Refresh--USMC UPL.
.................................. SENSOR AN/TPS-80 Ground/Air [23,000]
Task-Oriented Radar (G/ATOR):
Air Traffic Control (ATC)
Block IV Development--USMC UPL.
214 0204571N CONSOLIDATED TRAINING SYSTEMS 56,741 56,741
DEVELOPMENT.
215 0204575N ELECTRONIC WARFARE (EW) READINESS 62,006 62,006
SUPPORT.
216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 123,520
.................................. Program decrease.............. [-10,000]
217 0205620N SURFACE ASW COMBAT SYSTEM 28,804 28,804
INTEGRATION.
218 0205632N MK-48 ADCAP....................... 114,492 114,492
219 0205633N AVIATION IMPROVEMENTS............. 132,486 132,486
220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 113,760 113,760
221 0206313M MARINE CORPS COMMUNICATIONS 89,897 92,697
SYSTEMS.
.................................. Compact Solid State Antenna [2,800]
(CSSA)--USMC UPL.
222 0206335M COMMON AVIATION COMMAND AND 9,324 9,324
CONTROL SYSTEM (CAC2S).
223 0206623M MARINE CORPS GROUND COMBAT/ 108,235 108,235
SUPPORTING ARMS SYSTEMS.
224 0206624M MARINE CORPS COMBAT SERVICES 13,185 13,185
SUPPORT.
225 0206625M USMC INTELLIGENCE/ELECTRONIC 37,695 37,695
WARFARE SYSTEMS (MIP).
226 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 7,551 7,551
227 0207161N TACTICAL AIM MISSILES............. 23,881 23,881
228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 32,564 32,564
MISSILE (AMRAAM).
229 0208043N PLANNING AND DECISION AID SYSTEM 3,101 3,101
(PDAS).
234 0303138N AFLOAT NETWORKS................... 30,890 44,873
.................................. Navy Tactical Grid Development [8,983]
for JADC2.
.................................. Program increase.............. [5,000]
235 0303140N INFORMATION SYSTEMS SECURITY 33,311 33,311
PROGRAM.
236 0305192N MILITARY INTELLIGENCE PROGRAM 7,514 7,514
(MIP) ACTIVITIES.
237 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,837 9,837
238 0305205N UAS INTEGRATION AND 9,797 9,797
INTEROPERABILITY.
239 0305208M DISTRIBUTED COMMON GROUND/SURFACE 38,800 38,800
SYSTEMS.
240 0305220N MQ-4C TRITON...................... 13,029 13,029
241 0305231N MQ-8 UAV.......................... 26,543 26,543
242 0305232M RQ-11 UAV......................... 533 533
243 0305234N SMALL (LEVEL 0) TACTICAL UAS 1,772 1,772
(STUASL0).
245 0305241N MULTI-INTELLIGENCE SENSOR 59,252 59,252
DEVELOPMENT.
246 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,274 9,274
PAYLOADS (MIP).
247 0305251N CYBERSPACE OPERATIONS FORCES AND 36,378 36,378
FORCE SUPPORT.
248 0305421N RQ-4 MODERNIZATION................ 134,323 134,323
249 0307577N INTELLIGENCE MISSION DATA (IMD)... 907 907
250 0308601N MODELING AND SIMULATION SUPPORT... 9,772 9,772
251 0702207N DEPOT MAINTENANCE (NON-IF)........ 36,880 41,880
.................................. CPF--Defense Industrial Skills [5,000]
and Technology Training.
252 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,329 3,329
253A 9999999999 CLASSIFIED PROGRAMS............... 1,872,586 1,872,586
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,313,319 5,295,302
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
254 0608013N RISK MANAGEMENT INFORMATION-- 13,703 13,703
SOFTWARE PILOT PROGRAM.
255 0608113N NAVY NEXT GENERATION ENTERPRISE 955,151 955,151
NETWORK (NGEN)--SOFTWARE PILOT
PROGRAM.
256 0608231N MARITIME TACTICAL COMMAND AND 14,855 14,855
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 983,709 983,709
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 22,639,362 23,180,993
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 328,303 357,823
.................................. Program increase.............. [19,520]
.................................. Space Force University [10,000]
Partnerships.
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 162,403 175,714
.................................. CPF--Neural-enabled [1,500]
Prosthetics.
.................................. Program increase.............. [11,811]
.................................. SUBTOTAL BASIC RESEARCH........ 490,706 533,537
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 79,901 79,901
RESEARCH.
005 0602102F MATERIALS......................... 113,460 160,960
.................................. CPF--Affordable [10,000]
Multifunctional Aerospace
Composites.
.................................. Digital Maintenance Advisor... [7,500]
.................................. Maturation of carbon/carbon [5,000]
thermal protection systems.
.................................. Program increase.............. [25,000]
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 163,032 175,532
.................................. Nano-UAS for the Military [2,500]
Warfighter.
.................................. Novel advanced agile air [10,000]
platform technologies.
007 0602202F HUMAN EFFECTIVENESS APPLIED 136,273 136,273
RESEARCH.
008 0602203F AEROSPACE PROPULSION.............. 174,683 174,683
009 0602204F AEROSPACE SENSORS................. 193,514 211,214
.................................. Chip-locking microelectronics [8,700]
security.
.................................. Cyber Assurance and Assessment [9,000]
of Electronic Hardware Systems.
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,891 8,891
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 151,757 161,757
.................................. Advanced Propulsion Technology [10,000]
for Hypersonic Systems.
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 121,869 124,369
.................................. CPF--Directed Energy Research [2,500]
and Education for Workforce
Development.
014 0602788F DOMINANT INFORMATION SCIENCES AND 169,110 171,110
METHODS.
.................................. CPF--Assessment of a National [2,000]
Laboratory for
Transformational Computing.
.................................. SUBTOTAL APPLIED RESEARCH...... 1,312,490 1,404,690
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603032F FUTURE AF INTEGRATED TECHNOLOGY 131,643 131,643
DEMOS.
018 0603112F ADVANCED MATERIALS FOR WEAPON 31,905 61,905
SYSTEMS.
.................................. Composites Research........... [15,000]
.................................. Metals affordability research. [15,000]
019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 21,057 21,057
(S&T).
020 0603203F ADVANCED AEROSPACE SENSORS........ 44,730 54,030
.................................. Authorization Software for [9,300]
Autonomous Sensors.
021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 70,486 85,486
.................................. Enhanced Capability Hypersonic [15,000]
Airbreathing Testbed.
022 0603216F AEROSPACE PROPULSION AND POWER 75,273 169,773
TECHNOLOGY.
.................................. CPF--Development of Advanced [5,000]
Propulsion Technologies for
Hypersonic Systems.
.................................. Ground Testing of Reusable [20,000]
High Mach Turbine Engines.
.................................. Next Generation UAS Propulsion [30,000]
Development.
.................................. Reusable High Mach Turbine [29,500]
engine.
.................................. Turbine engine technology..... [10,000]
023 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 46,591 46,591
026 0603456F HUMAN EFFECTIVENESS ADVANCED 24,589 24,589
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 157,423 157,423
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 28,258 33,258
.................................. LIDAR CUAS Automated Target [5,000]
Recognition.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 45,259 175,259
.................................. Aerospace and defense supply [6,000]
ecosystem.
.................................. CPF--Additive Manufacturing [5,000]
and Ultra-High Performance
Concrete.
.................................. Program increase.............. [95,000]
.................................. Smart Manufacturing Digital [10,000]
Thread Initiative.
.................................. Universal robotic controller.. [6,000]
.................................. Virtual, Augmented, and Mixed [8,000]
Reality Readiness.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,772 56,772
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 733,986 1,017,786
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,795 5,795
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,939 21,939
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,114 4,114
034 0603851F INTERCONTINENTAL BALLISTIC 49,621 49,621
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 6,900 6,900
037 0604002F AIR FORCE WEATHER SERVICES 986 986
RESEARCH.
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 203,849 178,849
(ABMS).
.................................. Program decrease.............. [-25,000]
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 123,712 380,712
.................................. Project 643608--AETP.......... [257,000]
040 0604006F ARCHITECTURE INITIATIVES.......... 82,438 43,438
.................................. Program decrease.............. [-39,000]
041 0604015F LONG RANGE STRIKE--BOMBER......... 2,872,624 2,872,624
042 0604032F DIRECTED ENERGY PROTOTYPING....... 10,820 10,820
043 0604033F HYPERSONICS PROTOTYPING........... 438,378 438,378
044 0604201F PNT RESILIENCY, MODS, AND 39,742 39,742
IMPROVEMENTS.
045 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,745 23,745
046 0604288F SURVIVABLE AIRBORNE OPERATIONS 133,253 133,253
CENTER.
047 0604317F TECHNOLOGY TRANSFER............... 15,768 15,768
048 0604327F HARD AND DEEPLY BURIED TARGET 15,886 15,886
DEFEAT SYSTEM (HDBTDS) PROGRAM.
049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 71,229 71,229
ACS.
050 0604776F DEPLOYMENT & DISTRIBUTION 40,103 40,103
ENTERPRISE R&D.
051 0604858F TECH TRANSITION PROGRAM........... 343,545 423,545
.................................. NORTHCOM/NORAD--Proliferated [80,000]
Low Earth Orbit Arctic
Communications (P-LEO).
052 0605230F GROUND BASED STRATEGIC DETERRENT.. 2,553,541 2,553,541
054 0207110F NEXT GENERATION AIR DOMINANCE..... 1,524,667 1,474,667
.................................. High-Risk Technology [-50,000]
Integration Plan.
055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 50,000
(3DELRR).
.................................. Build Command and Control [50,000]
Framework.
056 0207522F AIRBASE AIR DEFENSE SYSTEMS 10,905 10,905
(ABADS).
057 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 3,943 3,943
059 0305236F COMMON DATA LINK EXECUTIVE AGENT 43,881 43,881
(CDL EA).
061 0305601F MISSION PARTNER ENVIRONMENTS...... 16,420 16,420
062 0306250F CYBER OPERATIONS TECHNOLOGY 242,499 242,499
SUPPORT.
063 0306415F ENABLED CYBER ACTIVITIES.......... 16,578 16,578
066 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,343 20,343
SYSTEM.
.................................. SUBTOTAL ADVANCED COMPONENT 8,937,224 9,210,224
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 23,499 23,499
PROGRAMS.
079 0604201F PNT RESILIENCY, MODS, AND 167,520 167,520
IMPROVEMENTS.
080 0604222F NUCLEAR WEAPONS SUPPORT........... 30,050 30,050
081 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,110 7,110
.................................. Program increase--Ultra- [5,000]
Wideband Receiver.
082 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 169,836 169,836
083 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,469 8,469
085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 9,047 9,047
086 0604604F SUBMUNITIONS...................... 2,954 2,954
087 0604617F AGILE COMBAT SUPPORT.............. 16,603 16,603
089 0604706F LIFE SUPPORT SYSTEMS.............. 25,437 25,437
090 0604735F COMBAT TRAINING RANGES............ 23,980 23,980
092 0604932F LONG RANGE STANDOFF WEAPON........ 609,042 609,042
093 0604933F ICBM FUZE MODERNIZATION........... 129,709 129,709
095 0605056F OPEN ARCHITECTURE MANAGEMENT...... 37,109 37,109
096 0605221F KC-46............................. 1 1
097 0605223F ADVANCED PILOT TRAINING........... 188,898 169,998
.................................. MS-C Delay.................... [-18,900]
098 0605229F HH-60W............................ 66,355 30,506
.................................. Early to need--capability [-35,849]
upgrades and modernization.
101 0207171F F-15 EPAWSS....................... 112,012 112,012
102 0207328F STAND IN ATTACK WEAPON............ 166,570 161,551
.................................. Program decrease.............. [-5,000]
.................................. SiAW Acq Strategy Change...... [-19]
103 0207701F FULL COMBAT MISSION TRAINING...... 7,064 16,564
.................................. Airborne Augmented Reality [9,500]
Technology.
105 0401221F KC-46A TANKER SQUADRONS........... 73,458 62,458
.................................. RVS testing early to need..... [-11,000]
107 0401319F VC-25B............................ 680,665 584,665
.................................. Early to need................. [-96,000]
108 0701212F AUTOMATED TEST SYSTEMS............ 15,445 15,445
109 0804772F TRAINING DEVELOPMENTS............. 4,482 4,482
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,570,315 2,418,047
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
124 0604256F THREAT SIMULATOR DEVELOPMENT...... 41,909 63,946
.................................. Commercial Physics-Based [5,000]
Simulation and Modeling
Technology.
.................................. Program increase.............. [17,037]
125 0604759F MAJOR T&E INVESTMENT.............. 130,766 133,766
.................................. Gulf Test Range and Training [3,000]
Enhancements.
126 0605101F RAND PROJECT AIR FORCE............ 36,017 36,017
128 0605712F INITIAL OPERATIONAL TEST & 12,582 12,582
EVALUATION.
129 0605807F TEST AND EVALUATION SUPPORT....... 811,032 803,032
.................................. Program decrease.............. [-8,000]
131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 243,796 243,796
SYS.
132 0605828F ACQ WORKFORCE- GLOBAL REACH....... 435,930 435,930
133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 435,274 435,274
BUS SYS.
135 0605831F ACQ WORKFORCE- CAPABILITY 243,806 243,806
INTEGRATION.
136 0605832F ACQ WORKFORCE- ADVANCED PRGM 103,041 103,041
TECHNOLOGY.
137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 226,055 226,055
138 0605898F MANAGEMENT HQ--R&D................ 4,079 4,079
139 0605976F FACILITIES RESTORATION AND 70,788 70,788
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
140 0605978F FACILITIES SUSTAINMENT--TEST AND 30,057 30,057
EVALUATION SUPPORT.
141 0606017F REQUIREMENTS ANALYSIS AND 85,799 75,799
MATURATION.
.................................. Program decrease.............. [-10,000]
142 0606398F MANAGEMENT HQ--T&E................ 6,163 6,163
143 0303166F SUPPORT TO INFORMATION OPERATIONS 537 537
(IO) CAPABILITIES.
144 0303255F COMMAND, CONTROL, COMMUNICATION, 25,340 45,340
AND COMPUTERS (C4)--STRATCOM.
.................................. Establishment of Rapid [10,000]
Engineering Architecture
Engineering Hub--collaborative
research network.
.................................. Establishment of Rapid [10,000]
Engineering Architecture
Engineering Hub--prototype
development.
145 0308602F ENTEPRISE INFORMATION SERVICES 28,720 28,720
(EIS).
146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211
147 0804731F GENERAL SKILL TRAINING............ 1,506 1,506
148 0804772F TRAINING DEVELOPMENTS............. 2,957 2,957
150 1001004F INTERNATIONAL ACTIVITIES.......... 2,420 2,420
156 1206864F SPACE TEST PROGRAM (STP).......... 3 3
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 3,015,788 3,042,825
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 5,509 5,509
TRAINING.
158 0604445F WIDE AREA SURVEILLANCE............ 2,760 2,760
160 0604840F F-35 C2D2......................... 985,404 886,904
.................................. TR-3/B4 cost growth........... [-98,500]
161 0605018F AF INTEGRATED PERSONNEL AND PAY 22,010 22,010
SYSTEM (AF-IPPS).
162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 51,492 51,492
AGENCY.
163 0605117F FOREIGN MATERIEL ACQUISITION AND 71,391 71,391
EXPLOITATION.
164 0605278F HC/MC-130 RECAP RDT&E............. 46,796 46,796
165 0606018F NC3 INTEGRATION................... 26,532 26,532
167 0101113F B-52 SQUADRONS.................... 715,811 525,811
.................................. Program decrease.................. [-43,000]
.................................. CERP contract delay early to [-147,000]
need.
168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453
169 0101126F B-1B SQUADRONS.................... 29,127 29,127
170 0101127F B-2 SQUADRONS..................... 144,047 144,047
171 0101213F MINUTEMAN SQUADRONS............... 113,622 113,622
172 0101316F WORLDWIDE JOINT STRATEGIC 15,202 15,202
COMMUNICATIONS.
174 0101328F ICBM REENTRY VEHICLES............. 96,313 96,313
176 0102110F UH-1N REPLACEMENT PROGRAM......... 16,132 16,132
177 0102326F REGION/SECTOR OPERATION CONTROL 771 771
CENTER MODERNIZATION PROGRAM.
178 0102412F NORTH WARNING SYSTEM (NWS)........ 99 25,199
.................................. NORTHCOM/NORAD--Over the [25,100]
Horizon Radar.
179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300
180 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 5,889 5,889
GENERAL.
181 0205219F MQ-9 UAV.......................... 85,135 84,121
.................................. Early to need--program [-1,014]
protection technology
insertion.
182 0205671F JOINT COUNTER RCIED ELECTRONIC 3,111 3,111
WARFARE.
183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 36,607 36,607
EQUIPMENT.
184 0207131F A-10 SQUADRONS.................... 39,224 39,224
185 0207133F F-16 SQUADRONS.................... 224,573 224,573
186 0207134F F-15E SQUADRONS................... 239,616 239,616
187 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,855 15,855
188 0207138F F-22A SQUADRONS................... 647,296 647,296
189 0207142F F-35 SQUADRONS.................... 69,365 64,475
.................................. TR-3/B4 delay................. [-4,890]
190 0207146F F-15EX............................ 118,126 118,126
191 0207161F TACTICAL AIM MISSILES............. 32,974 32,974
192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,288 51,288
MISSILE (AMRAAM).
193 0207227F COMBAT RESCUE--PARARESCUE......... 852 852
194 0207247F AF TENCAP......................... 23,685 23,685
195 0207249F PRECISION ATTACK SYSTEMS 12,083 12,083
PROCUREMENT.
196 0207253F COMPASS CALL...................... 91,266 91,266
197 0207268F AIRCRAFT ENGINE COMPONENT 103,715 103,715
IMPROVEMENT PROGRAM.
198 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,325 117,325
MISSILE (JASSM).
199 0207327F SMALL DIAMETER BOMB (SDB)......... 27,109 27,109
200 0207410F AIR & SPACE OPERATIONS CENTER 3 3
(AOC).
201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875
202 0207417F AIRBORNE WARNING AND CONTROL 171,014 171,014
SYSTEM (AWACS).
203 0207418F AFSPECWAR--TACP................... 4,598 4,598
205 0207431F COMBAT AIR INTELLIGENCE SYSTEM 21,863 21,863
ACTIVITIES.
206 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,905 7,905
C4I.
207 0207439F ELECTRONIC WARFARE INTEGRATED 15,000 15,000
REPROGRAMMING (EWIR).
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 13,081 13,081
209 0207452F DCAPES............................ 4,305 4,305
210 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,984 1,984
211 0207522F AIRBASE AIR DEFENSE SYSTEMS 7,392 7,392
(ABADS).
212 0207573F NATIONAL TECHNICAL NUCLEAR 1,971 1,971
FORENSICS.
213 0207590F SEEK EAGLE........................ 30,539 30,539
214 0207601F USAF MODELING AND SIMULATION...... 17,110 17,110
215 0207605F WARGAMING AND SIMULATION CENTERS.. 7,535 7,535
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 32,008 32,008
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007
218 0208006F MISSION PLANNING SYSTEMS.......... 92,557 92,557
219 0208007F TACTICAL DECEPTION................ 489 489
220 0208064F OPERATIONAL HQ--CYBER............. 2,115 2,115
221 0208087F DISTRIBUTED CYBER WARFARE 72,487 72,487
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449
223 0208097F JOINT CYBER COMMAND AND CONTROL 79,079 79,079
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 101,893 101,893
228 0208288F INTEL DATA APPLICATIONS........... 493 493
229 0301025F GEOBASE........................... 2,782 2,782
231 0301113F CYBER SECURITY INTELLIGENCE 5,224 5,224
SUPPORT.
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,463 2,463
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 26,331 26,331
CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 20,700 20,700
COMMUNICATIONS NETWORK (MEECN).
242 0303140F INFORMATION SYSTEMS SECURITY 8,032 8,032
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 452 452
INITIATIVE.
244 0303248F ALL DOMAIN COMMON PLATFORM........ 64,000 64,000
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 97,546 93,546
.................................. Excess carryover--Special [-4,000]
projects.
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,770 8,770
.................................. CPF--Mobilizing Civilian [5,000]
Expertise for National
Security Education on Geo-
Economics, and Innovation in
the Era of Great Power
Competition.
251 0305020F CCMD INTELLIGENCE INFORMATION 1,663 1,663
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 18,888 15,888
DVMT (IMAD).
.................................. Excess to need................ [-3,000]
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,672 4,672
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 290 290
255 0305111F WEATHER SERVICE................... 26,228 36,228
.................................. Commercial Weather Data Pilot. [10,000]
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,749 8,749
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 1,528 1,528
260 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,733 8,733
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335
265 0305202F DRAGON U-2........................ 17,146 36,146
.................................. ASARS processor and antenna [19,000]
development--AF UPL.
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 71,791 167,091
.................................. ASARS processor and antenna [67,000]
development--AF UPL.
.................................. Program increase--Sensor Open [10,000]
Systems Architecture (SOSA)
High Altitude Project.
.................................. Wide Area Motion Imagery [18,300]
sensor improvements.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,799 14,799
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 24,568 24,568
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 83,124 83,124
271 0305221F NETWORK-CENTRIC COLLABORATIVE 17,224 17,224
TARGETING.
272 0305238F NATO AGS.......................... 19,473 19,473
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 40,421 40,421
274 0305600F INTERNATIONAL INTELLIGENCE 14,473 14,473
TECHNOLOGY AND ARCHITECTURES.
275 0305881F RAPID CYBER ACQUISITION........... 4,326 4,326
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,567 2,567
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,169 6,169
278 0401115F C-130 AIRLIFT SQUADRON............ 9,752 9,752
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 17,507 17,507
280 0401130F C-17 AIRCRAFT (IF)................ 16,360 16,360
281 0401132F C-130J PROGRAM.................... 14,112 14,112
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,540 5,540
(LAIRCM).
283 0401218F KC-135S........................... 3,564 3,564
285 0401318F CV-22............................. 17,189 17,189
286 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,640 6,640
288 0708055F MAINTENANCE, REPAIR & OVERHAUL 26,921 26,921
SYSTEM.
289 0708610F LOGISTICS INFORMATION TECHNOLOGY 7,071 7,071
(LOGIT).
291 0804743F OTHER FLIGHT TRAINING............. 1,999 1,999
293 0901202F JOINT PERSONNEL RECOVERY AGENCY... 1,841 1,841
294 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,560 3,560
295 0901220F PERSONNEL ADMINISTRATION.......... 3,368 3,368
296 0901226F AIR FORCE STUDIES AND ANALYSIS 1,248 1,248
AGENCY.
297 0901538F FINANCIAL MANAGEMENT INFORMATION 4,852 4,852
SYSTEMS DEVELOPMENT.
301 1202140F SERVICE SUPPORT TO SPACECOM 6,737 6,737
ACTIVITIES.
316A 9999999999 CLASSIFIED PROGRAMS............... 15,868,973 15,708,973
.................................. Program decrease.............. [-160,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,705,541 21,398,537
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
317 0608158F STRATEGIC MISSION PLANNING AND 96,100 96,100
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
318 0608410F AIR & SPACE OPERATIONS CENTER 186,915 166,915
(AOC)--SOFTWARE PILOT PROGRAM.
.................................. Program decrease.............. [-20,000]
319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 135,263 135,263
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 418,278 398,278
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 39,184,328 39,423,924
TEST & EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 175,796 240,796
.................................. Hybrid Space Architecture..... [20,000]
.................................. Space Power and Collection [35,000]
Technology.
.................................. University Consortium Space [10,000]
Technology Development.
.................................. SUBTOTAL APPLIED RESEARCH...... 175,796 240,796
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
002 1206616SF SPACE ADVANCED TECHNOLOGY 76,653 137,653
DEVELOPMENT/DEMO.
.................................. Accelerate Cislunar Flight [61,000]
Experiment UPL.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 76,653 137,653
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 434,194 434,194
(USER EQUIPMENT) (SPACE).
004 1203710SF EO/IR WEATHER SYSTEMS............. 162,274 162,274
005 1203905SF SPACE SYSTEM SUPPORT.............. 37,000 0
.................................. Surface Warfare Analysis [-37,000]
Center, insufficient
justification - partial
transfer to SSDP.
006 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 61,521 71,521
.................................. Program Increase.............. [10,000]
007 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 123,262 123,262
008 1206427SF SPACE SYSTEMS PROTOTYPE 101,851 129,851
TRANSITIONS (SSPT).
.................................. Expand Blackjack Radio [28,000]
Frequency Payloads UPL.
009 1206438SF SPACE CONTROL TECHNOLOGY.......... 32,931 32,931
010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 81,546
.................................. Program increase.............. [15,000]
.................................. Transfer from Surface Warfare [10,000]
Analysis Center.
011 1206760SF PROTECTED TACTICAL ENTERPRISE 100,320 100,320
SERVICE (PTES).
012 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 243,285 243,285
013 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 160,056 160,056
014 1206857SF SPACE RAPID CAPABILITIES OFFICE... 66,193 69,093
.................................. High Power Density Structural [2,900]
Heat Spreaders.
.................................. SUBTOTAL ADVANCED COMPONENT 1,579,433 1,608,333
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
015 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 264,265 264,265
016 1203940SF SPACE SITUATION AWARENESS 56,279 56,279
OPERATIONS.
017 1206421SF COUNTERSPACE SYSTEMS.............. 38,063 38,063
018 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 1,438 1,438
019 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 127,026 136,026
.................................. Space domain rapid innovation [9,000]
pathfinders UPL.
020 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 28,218 28,218
021 1206432SF POLAR MILSATCOM (SPACE)........... 127,870 127,870
022 1206442SF NEXT GENERATION OPIR.............. 2,451,256 2,451,256
023 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,400 23,400
INTEGRATION.
024 1206853SF NATIONAL SECURITY SPACE LAUNCH 221,510 280,710
PROGRAM (SPACE)--EMD.
.................................. Liquid Oxygen Explosive Tests [9,200]
UPL.
.................................. Maintain competition for Ph3 - [50,000]
DoD unique requirements.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,339,325 3,407,525
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
025 1206116SF SPACE TEST AND TRAINING RANGE 19,319 19,319
DEVELOPMENT.
026 1206392SF ACQ WORKFORCE--SPACE & MISSILE 214,051 214,051
SYSTEMS.
027 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 12,119 12,119
MHA.
028 1206759SF MAJOR T&E INVESTMENT--SPACE....... 71,503 81,503
.................................. Increase SCN Antenna Resources [10,000]
029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,769 21,769
(SPACE).
.................................. CPF--Small Rocket Program..... [4,000]
030 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 50,000
.................................. Continue FY 2021 efforts...... [50,000]
031 1206864SF SPACE TEST PROGRAM (STP).......... 20,881 20,881
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 355,642 419,642
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
033 1201017SF GLOBAL SENSOR INTEGRATED ON 4,731 4,731
NETWORK (GSIN).
034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 156,788 156,788
(FAB-T).
035 1203040SF DCO-SPACE......................... 2,150 2,150
036 1203109SF NARROWBAND SATELLITE 112,012 112,012
COMMUNICATIONS.
037 1203110SF SATELLITE CONTROL NETWORK (SPACE). 36,810 36,810
038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,966 1,966
(SPACE AND CONTROL SEGMENTS).
039 1203173SF SPACE AND MISSILE TEST AND 1,699 5,699
EVALUATION CENTER.
.................................. Improve operations of payload [4,000]
adapter UPL.
040 1203174SF SPACE INNOVATION, INTEGRATION AND 18,054 33,354
RAPID TECHNOLOGY DEVELOPMENT.
.................................. NSTTR Digital Core Services [15,300]
UPL.
041 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,115 33,115
.................................. High-Fidelity Open-Air Scene [10,000]
Target Generator.
.................................. CPF--Tactically Responsive [7,000]
Launch/Deployable Spaceport.
.................................. Program Increase.............. [5,000]
042 1203265SF GPS III SPACE SEGMENT............. 7,207 7,207
043 1203330SF SPACE SUPERIORITY ISR............. 18,109 18,109
044 1203620SF NATIONAL SPACE DEFENSE CENTER..... 1,280 1,280
045 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 12,292 12,292
046 1203906SF NCMC--TW/AA SYSTEM................ 9,858 9,858
047 1203913SF NUDET DETECTION SYSTEM (SPACE).... 45,887 45,887
048 1203940SF SPACE SITUATION AWARENESS 64,763 64,763
OPERATIONS.
049 1206423SF GLOBAL POSITIONING SYSTEM III-- 413,766 413,766
OPERATIONAL CONTROL SEGMENT.
053 1206770SF ENTERPRISE GROUND SERVICES........ 191,713 191,713
053A 9999999999 CLASSIFIED PROGRAMS............... 4,474,809 4,474,809
.................................. SUBTOTAL OPERATIONAL SYSTEM 5,585,009 5,626,309
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
054 1203614SF JSPOC MISSION SYSTEM.............. 154,529 154,529
.................................. SUBTOTAL SOFTWARE & DIGITAL 154,529 154,529
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RDTE, SPACE FORCE...... 11,266,387 11,594,787
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,828 12,705
.................................. Program increase.............. [877]
002 0601101E DEFENSE RESEARCH SCIENCES......... 395,781 454,281
.................................. Adversary Influence Operations [10,000]
(IO) - Detection, Modeling,
Mitigation..
.................................. Artificial Intelligence (AI) - [10,000]
Trustworthy, Human Integrated,
Robust.
.................................. Biotechnology for Challenging [7,000]
Environments.
.................................. CPF--Novel Analytical and [1,500]
Empirical Approaches to the
Prediction and Monitoring of
Disease Transmission.
.................................. ERI 2.0....................... [20,000]
.................................. High Assurance Software [10,000]
Systems - Resilient,
Adaptable, Trustworthy.
003 0601108D8Z HIGH ENERGY LASER RESEARCH 15,390 15,390
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 39,828 114,361
.................................. Consortium to Study Irregular [8,000]
Warfare.
.................................. CPF--Florida Memorial [400]
University Department of
Natural Sciences STEM
Equipment.
.................................. CPF--SOUTHCOM Enhanced Domain [1,300]
Awareness (EDA) Initiative.
.................................. Interagency AI Standards...... [3,300]
.................................. Minerva research initiative [13,000]
restoration.
.................................. MURI R&D Partnerships with [20,000]
allies--program enhancement.
.................................. Program increase.............. [4,533]
.................................. Providing Research and End- [24,000]
user Products to Accelerate
Readiness and Environmental
Security (PREPARES).
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 76,018 81,018
SCIENCE.
.................................. Assessing Immune Memory....... [5,000]
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195
.................................. Civics education.............. [2,000]
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. SMART scholarships for AI [13,000]
related education.
.................................. SMART scholarships program [4,000]
increase.
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 31,136 73,247
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--Augmenting Quantum [1,111]
Sensing Research, Education
and Training in DoD CoE at DSU.
.................................. CPF--HBCU Training for the [1,000]
Future of Aerospace.
.................................. Diversity in SMART [20,000]
Scholarships.
.................................. Program increase.............. [20,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,708 39,708
PROGRAM.
.................................. Chemically Resistant, High- [5,000]
Performance Military Cordage,
Rope, and Webbing.
.................................. SUBTOTAL BASIC RESEARCH........ 716,884 922,905
..................................
.................................. APPLIED RESEARCH
009 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,591 19,591
010 0602115E BIOMEDICAL TECHNOLOGY............. 108,698 118,698
.................................. Bridging the Gap After Spinal [5,000]
Cord Injury.
.................................. Non-Invasive Neurotechnology [5,000]
Rehabilitation Take Home
Trials.
012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 22,918 32,918
.................................. Artificial Intelligence (AI) - [10,000]
Trustworthy, Human Integrated,
Robust.
013 0602234D8Z LINCOLN LABORATORY RESEARCH 55,692 55,692
PROGRAM.
014 0602251D8Z APPLIED RESEARCH FOR THE 65,015 265,015
ADVANCEMENT OF S&T PRIORITIES.
.................................. AI Research and Development... [200,000]
015 0602303E INFORMATION & COMMUNICATIONS 430,363 755,363
TECHNOLOGY.
.................................. High Assurance Software [15,000]
Systems - Resilient,
Adaptable, Trustworthy.
.................................. Program increase--artificial [250,000]
intelligence.
.................................. Underexplored Approaches to [60,000]
Utility-Scale Quantum
Computing.
016 0602383E BIOLOGICAL WARFARE DEFENSE........ 31,421 31,421
017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 206,956 213,456
PROGRAM.
.................................. Biodetection System for Joint [6,500]
Force Infrastructure
Protection.
018 0602668D8Z CYBER SECURITY RESEARCH........... 15,380 35,380
.................................. AI-enabled cyber defense [10,000]
acceleration study.
.................................. Program increase.............. [10,000]
019 0602702E TACTICAL TECHNOLOGY............... 202,515 249,515
.................................. Adapting Cross-domain Kill- [2,000]
Webs (ACK).
.................................. Adversary Influence Operations [15,000]
(IO) - Detection, Modeling,
Mitigation..
.................................. MADFIRES...................... [30,000]
020 0602715E MATERIALS AND BIOLOGICAL 317,024 398,624
TECHNOLOGY.
.................................. Adaptive Immunomodulation- [4,600]
Based Therapeutics (ElectRx).
.................................. Agile Chemical Manufacturing [20,000]
Technologies (ACMT).
.................................. Bioengineered Electronics and [6,000]
Electromagnetic Devices (Bio-
INC).
.................................. Bioremediation of Battlefields [7,000]
.................................. Maritime Materials [5,000]
Technologies (M2T).
.................................. Materiel Protection through [5,000]
Biologics.
.................................. Neuroprotection from Brain [9,000]
Injury.
.................................. Regenerative Engineering for [5,000]
Complex Tissue Regeneration &
Limb Reconstruction.
.................................. Scalable and Affordable [20,000]
Mapping of U.S. Critical
Mineral Resources.
021 0602716E ELECTRONICS TECHNOLOGY............ 357,384 393,384
.................................. ERI 2.0....................... [36,000]
022 0602718BR COUNTER WEAPONS OF MASS 197,011 197,011
DESTRUCTION APPLIED RESEARCH.
023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,601 9,601
(SEI) APPLIED RESEARCH.
024 0602890D8Z HIGH ENERGY LASER RESEARCH........ 45,997 115,997
.................................. Directed Energy Innovation-- [50,000]
Improved beam control.
.................................. Joint Directed Energy [20,000]
Transition Office.
025 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 44,829 54,829
.................................. Brain Health Research and [5,000]
Treatment, Cognitive
Performance.
.................................. POTFF--Brain Health Research.. [5,000]
.................................. SUBTOTAL APPLIED RESEARCH...... 2,130,395 2,946,495
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603000D8Z JOINT MUNITIONS ADVANCED 23,213 23,213
TECHNOLOGY.
027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,665 4,665
028 0603122D8Z COMBATING TERRORISM TECHNOLOGY 69,376 69,376
SUPPORT.
029 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,432 25,432
031 0603160BR COUNTER WEAPONS OF MASS 399,362 404,362
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Reduced order models.......... [5,000]
032 0603176C ADVANCED CONCEPTS AND PERFORMANCE 15,800 29,700
ASSESSMENT.
.................................. BATMAA BMDS Advanced Technoloy [8,700]
.................................. Improvements to MDS [5,200]
Cybersecurity UPL.
033 0603180C ADVANCED RESEARCH................. 21,466 21,466
034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 51,340 51,340
DEVELOPMENT &TRANSITION.
035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,063 19,063
DEVELOPMENT.
036 0603286E ADVANCED AEROSPACE SYSTEMS........ 174,043 273,043
.................................. Glide Breaker................. [20,000]
.................................. HAWC.......................... [27,000]
.................................. Hypersonic Air-Breathing [10,000]
Weapon Concept (HAWC).
.................................. OpFires....................... [27,000]
.................................. Tactical Boost Glide (TBG).... [15,000]
037 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 101,524 186,524
.................................. Blackjack critical risk [25,000]
reduction.
.................................. Blackjack schedule assurance.. [30,000]
.................................. Robotic Servicing of [30,000]
Geosynchronous Satellites
(RSGS).
038 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,012 34,012
.................................. Analytic Assessments.......... [10,000]
039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 51,513 56,513
CONCEPTS.
.................................. Innovative operational [5,000]
concepts.
042 0603338D8Z DEFENSE MODERNIZATION AND 115,443 138,443
PROTOTYPING.
.................................. Defense Critical Supply Chain [3,000]
Documentation and Monitoring.
.................................. WLIF AI-enabled applications.. [20,000]
043 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 31,873 31,873
044 0603375D8Z TECHNOLOGY INNOVATION............. 54,433 54,433
045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 197,824 197,824
PROGRAM--ADVANCED DEVELOPMENT.
046 0603527D8Z RETRACT LARCH..................... 99,175 99,175
047 0603618D8Z JOINT ELECTRONIC ADVANCED 18,221 38,221
TECHNOLOGY.
.................................. Accelerating Joint Electronic [20,000]
Advanced Technologies.
048 0603648D8Z JOINT CAPABILITY TECHNOLOGY 102,669 102,669
DEMONSTRATIONS.
049 0603662D8Z NETWORKED COMMUNICATIONS 2,984 9,984
CAPABILITIES.
.................................. Cross-domain EMS [7,000]
communications capability.
050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 134,022 476,322
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing [5,000]
training.
.................................. Biotechnology innovation-- [200,000]
Enabling Modular and Scalable
Bioindustrial & Reusable
Assets.
.................................. CPF--Cold Spray and Rapid [1,300]
Deposition Lab.
.................................. HPC-enabled advanced [15,000]
manufacturing.
.................................. Hypersonics material [100,000]
innovation--Silicon carbide
matrix materials.
.................................. Non-destructive evaluation of [3,000]
carbon-carbon composites.
.................................. Program increase.............. [15,000]
.................................. Virtual reality-enabled smart [3,000]
installation experimentation.
051 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 37,543 68,543
.................................. Demonstration of automotive [6,000]
aftermarket capabilities.
.................................. Modeling and Simulation [10,000]
Innovation Competition.
.................................. Program increase.............. [5,000]
.................................. Steel Performance Initiative.. [10,000]
052 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 202,400
DEVELOPMENT.
.................................. AI Fund....................... [200,000]
.................................. NORTHCOM/NORAD--Polar Over the [2,400]
Horizon Radar (POTHR).
053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 12,418 12,418
DEMONSTRATIONS.
054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 51,863 81,863
PROGRAM.
.................................. AFFF replacement.............. [15,000]
.................................. PFAS environmental remediation [15,000]
and disposal.
055 0603720S MICROELECTRONICS TECHNOLOGY 160,821 160,821
DEVELOPMENT AND SUPPORT.
056 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,169 2,169
057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 116,716 140,716
.................................. ERI 2.0....................... [24,000]
058 0603760E COMMAND, CONTROL AND 251,794 345,394
COMMUNICATIONS SYSTEMS.
.................................. Classified increase........... [21,000]
.................................. Deep water active sonar....... [15,000]
.................................. Network UP.................... [5,000]
.................................. Program increase--artificial [50,000]
intelligence.
.................................. SHARE alignment with OTNK [1,100]
research.
.................................. SHARE ICN performance [1,500]
enhancements for operational
use.
059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 679,246
.................................. Air Combat Evolution (ACE).... [8,200]
.................................. Assault Breaker II............ [50,000]
.................................. Classified increase........... [20,400]
.................................. Ocean of Things (OoT)......... [875]
.................................. Ocean of Things phase 3 [10,000]
demonstration.
.................................. Timely Information for [5,000]
Maritime Engagements (TIMEly).
060 0603767E SENSOR TECHNOLOGY................. 294,792 367,392
.................................. Classified increase........... [27,800]
.................................. SECTRE Munitions Digital Twin [4,400]
for in Theater/Flight Target
Additions and Performance
Improvements.
.................................. Systems of Systems-Enhanced [4,400]
Small Units (SESU).
.................................. Thermal Imaging Technology [36,000]
Experiment-Recon (TITE-R).
061 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,398 9,198
TECHNOLOGY DEVELOPMENT.
.................................. Systems of Systems-Enhanced [2,800]
Small Units (SESU).
062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 14,677 14,977
.................................. CODE enhancements for SESU.... [300]
065 0603924D8Z HIGH ENERGY LASER ADVANCED 107,397 129,397
TECHNOLOGY PROGRAM.
.................................. Short pulse laser research.... [10,000]
.................................. Thermal management scaling.... [12,000]
066 0603941D8Z TEST & EVALUATION SCIENCE & 267,161 267,161
TECHNOLOGY.
067 0603950D8Z NATIONAL SECURITY INNOVATION 21,270 40,000
NETWORK.
.................................. Program increase.............. [18,730]
068 0604055D8Z OPERATIONAL ENERGY CAPABILITY 74,300 74,300
IMPROVEMENT.
070 0303310D8Z CWMD SYSTEMS...................... 5,000
.................................. Data storage capabilities for [5,000]
special operations forces.
071 0303367D8Z SPECTRUM ACCESS RESEARCH AND 100,000
DEVELOPMENT.
.................................. Spectrum Management Analysis.. [50,000]
.................................. Spectrum Management [20,000]
Architecture.
.................................. Spectrum Management Modules [30,000]
for Fielded Systems.
074 1160402BB SOF ADVANCED TECHNOLOGY 93,415 98,415
DEVELOPMENT.
.................................. SOF Platform Agnostic Data [5,000]
Storage Capability.
075 1206310SDA SPACE SCIENCE AND TECHNOLOGY 172,638 172,638
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,007,596 5,319,701
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 28,687 28,687
SECURITY EQUIPMENT RDT&E ADC&P.
077 0603600D8Z WALKOFF........................... 108,652 108,652
078 0603821D8Z ACQUISITION ENTERPRISE DATA & 130,000
INFORMATION SERVICES.
.................................. CDO for ADA................... [5,000]
.................................. CDO: Enterprise data sets..... [125,000]
079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 71,429 96,429
CERTIFICATION PROGRAM.
.................................. AFFF innovation prize......... [5,000]
.................................. AFFF replacement.............. [5,000]
.................................. Environmental remediation and [10,000]
disposal.
.................................. Military Energy Resilience [5,000]
Catalyst.
080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 277,949 277,949
DEFENSE SEGMENT.
.................................. Program increase.............. [64,567]
.................................. Unjustified request, lacking [-64,567]
acquisition strategy--LHD.
081 0603882C BALLISTIC MISSILE DEFENSE 745,144 795,144
MIDCOURSE DEFENSE SEGMENT.
.................................. Ensure BMD Interceptors do not [50,000]
fall below 40.
082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 129,445 129,445
PROGRAM--DEM/VAL.
083 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 224,750 227,762
.................................. Improvements to MDS [3,012]
Cybersecurity UPL.
084 0603890C BMD ENABLING PROGRAMS............. 595,301 687,297
.................................. Cruise Missile Defense for HLD [27,000]
(NORTHCOM/NORAD--Elevated
Radar).
.................................. Improvements to MDS [44,830]
Cybersecurity UPL.
.................................. Pacing the Threat............. [20,166]
085 0603891C SPECIAL PROGRAMS--MDA............. 413,374 413,374
086 0603892C AEGIS BMD......................... 732,512 780,912
.................................. Navy SPY Radar Digital Upgrade [48,400]
087 0603896C BALLISTIC MISSILE DEFENSE COMMAND 603,448 609,928
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. Improvements to MDS [2,000]
Cybersecurity UPL.
.................................. JADC2 Interface............... [4,480]
088 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,594 50,594
WARFIGHTER SUPPORT.
089 0603904C MISSILE DEFENSE INTEGRATION & 52,403 52,403
OPERATIONS CENTER (MDIOC).
090 0603906C REGARDING TRENCH.................. 11,952 11,952
091 0603907C SEA BASED X-BAND RADAR (SBX)...... 147,241 147,241
092 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
093 0603914C BALLISTIC MISSILE DEFENSE TEST.... 362,906 362,906
094 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 553,334 578,334
.................................. Advanced Target Front End [5,000]
Configuration 3 Tech
Maturation.
.................................. Architecture RTS Development.. [10,000]
.................................. MDS Architecture IAC Prototype [10,000]
096 0603923D8Z COALITION WARFARE................. 5,103 5,103
097 0604011D8Z NEXT GENERATION INFORMATION 374,665 374,665
COMMUNICATIONS TECHNOLOGY (5G).
098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,259 3,259
PROGRAM.
099 0604102C GUAM DEFENSE DEVELOPMENT.......... 78,300 272,750
.................................. Guam Defense System........... [194,450]
100 0604115C TECHNOLOGY MATURATION INITIATIVES. 34,000
.................................. Continue Diode Pumped Alkali [25,000]
Laser Demonstrator Development.
.................................. Short Pulse Laser Directed [9,000]
Energy Demonstration.
103 0604181C HYPERSONIC DEFENSE................ 247,931 309,931
.................................. Program increase.............. [62,000]
104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 716,456 816,456
.................................. Mission-Based Acquisition..... [100,000]
.................................. Program decrease.............. [-8,000]
.................................. Program increase.............. [8,000]
105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995
.................................. Advanced Analog & Mixed Signal [6,800]
Microelectronics Design and
Manufacturing.
.................................. Radiation-Hardened Application [18,000]
Specific Integrated Circuits.
.................................. Trusted and Assured GaN and [15,000]
GaAs RFIC Technology.
106 0604331D8Z RAPID PROTOTYPING PROGRAM......... 103,575 182,575
.................................. ADA network resiliency/cloud.. [79,000]
107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 11,213 26,213
PROTOTYPING.
.................................. National Security Innovation [15,000]
Capital program increase.
108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,778 2,778
UNMANNED SYSTEM COMMON
DEVELOPMENT.
109 0604551BR CATAPULT.......................... 7,166 7,166
110 0604555D8Z OPERATIONAL ENERGY CAPABILITY 23,200 23,200
IMPROVEMENT--NON S&T.
111 0604672C HOMELAND DEFENSE RADAR--HAWAII 75,000
(HDR-H).
.................................. Restore program............... [75,000]
113 0604682D8Z WARGAMING AND SUPPORT FOR 3,519 3,519
STRATEGIC ANALYSIS (SSA).
114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 17,439 17,439
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
115 0604873C LONG RANGE DISCRIMINATION RADAR 133,335 133,335
(LRDR).
116 0604874C IMPROVED HOMELAND DEFENSE 926,125 926,125
INTERCEPTORS.
117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 32,697 32,697
DEFENSE SEGMENT TEST.
118 0604878C AEGIS BMD TEST.................... 117,055 117,055
119 0604879C BALLISTIC MISSILE DEFENSE SENSOR 77,428 77,428
TEST.
120 0604880C LAND-BASED SM-3 (LBSM3)........... 43,158 43,158
121 0604887C BALLISTIC MISSILE DEFENSE 61,424 61,424
MIDCOURSE SEGMENT TEST.
122 0202057C SAFETY PROGRAM MANAGEMENT......... 2,323 2,323
123 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,568 2,568
SYSTEMS.
125 0305103C CYBER SECURITY INITIATIVE......... 1,142 1,142
126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 636,179 642,179
PROTOTYPING.
.................................. Laser Communication Terminal [6,000]
Technologies.
127 1206893C SPACE TRACKING & SURVEILLANCE 15,176 15,176
SYSTEM.
128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 292,811 292,811
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 9,854,341 10,839,479
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 5,682 5,682
SECURITY EQUIPMENT RDT&E SDD.
131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 299,848 370,328
PROGRAM--EMD.
.................................. Joint Vaccine Acquisition [70,480]
Program.
132 0604771D8Z JOINT TACTICAL INFORMATION 9,345 9,345
DISTRIBUTION SYSTEM (JTIDS).
133 0605000BR COUNTER WEAPONS OF MASS 14,063 14,063
DESTRUCTION SYSTEMS DEVELOPMENT.
134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265
135 0605021SE HOMELAND PERSONNEL SECURITY 7,205 7,205
INITIATIVE.
136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 5,447 5,447
137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892
.................................. ADVANA for ADA................ [18,000]
138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 679 679
AND DEMONSTRATION.
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,254 32,254
FINANCIAL SYSTEM.
142 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
143 0605210D8Z DEFENSE-WIDE ELECTRONIC 7,148 7,148
PROCUREMENT CAPABILITIES.
144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895
146 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,991 3,991
COMMUNICATIONS.
149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 2,227 2,227
MANAGEMENT (EEIM).
150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,246 20,246
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 548,687 637,167
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
151 0603829J JOINT CAPABILITY EXPERIMENTATION.. 8,444 8,444
152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 7,508 7,508
(DRRS).
153 0604875D8Z JOINT SYSTEMS ARCHITECTURE 7,859 7,859
DEVELOPMENT.
154 0604940D8Z CENTRAL TEST AND EVALUATION 550,140 551,040
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Support Funding for Cyber [900]
Resiliency.
155 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 17,980 17,980
156 0605001E MISSION SUPPORT................... 73,145 73,145
157 0605100D8Z JOINT MISSION ENVIRONMENT TEST 71,410 71,410
CAPABILITY (JMETC).
159 0605126J JOINT INTEGRATED AIR AND MISSILE 52,671 52,671
DEFENSE ORGANIZATION (JIAMDO).
161 0605142D8Z SYSTEMS ENGINEERING............... 40,030 40,030
162 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,612 4,612
163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 14,429 14,429
164 0605170D8Z SUPPORT TO NETWORKS AND 4,759 4,759
INFORMATION INTEGRATION.
165 0605200D8Z GENERAL SUPPORT TO USD 1,952 1,952
(INTELLIGENCE).
166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,503 110,503
PROGRAM.
172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,639 8,639
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
.................................. Transition education for [5,000]
DEPSCoR and underserved
communities.
173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 25,889 63,889
.................................. Regional Secure Computing [38,000]
Enclave Pilot.
174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 39,774 257,774
.................................. ISR & information operations.. [10,000]
.................................. PNT Modernization--Signals of [140,000]
Opportunity.
.................................. Spectrum Innovation--Low SWaP- [68,000]
C directional sources.
175 0605801KA DEFENSE TECHNICAL INFORMATION 61,453 61,453
CENTER (DTIC).
176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 18,762 18,762
TESTING AND EVALUATION.
177 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,366 27,366
178 0605898E MANAGEMENT HQ--R&D................ 12,740 12,740
179 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,549 3,549
INFORMATION CENTER (DTIC).
180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,438 15,438
181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 2,897 2,897
ANALYSIS.
182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 918 918
DEVELOPMENT SUPPORT.
183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 31,638 31,638
POLICY.
184 0203345D8Z DEFENSE OPERATIONS SECURITY 2,925 2,925
INITIATIVE (DOSI).
185 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 977 977
186 0208045K C4I INTEROPERABILITY.............. 55,361 60,361
.................................. Joint Warfighting Network [5,000]
Architecture.
189 0303140SE INFORMATION SYSTEMS SECURITY 853 853
PROGRAM.
191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 969 969
OFFICE (DMDPO).
192 0305172K COMBINED ADVANCED APPLICATIONS.... 15,696 15,696
194 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,073 3,073
SYSTEMS.
197 0804768J COCOM EXERCISE ENGAGEMENT AND 29,530 67,530
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
.................................. AFRICOM--Joint Exercise [18,000]
Program.
.................................. CENTCOM--CE2T2 EAGER LION [20,000]
Exercises.
198 0808709SE DEFENSE EQUAL OPPORTUNITY 689 689
MANAGEMENT INSTITUTE (DEOMI).
199 0901598C MANAGEMENT HQ--MDA................ 24,102 24,102
200 0903235K JOINT SERVICE PROVIDER (JSP)...... 2,645 2,645
201A 9999999999 CLASSIFIED PROGRAMS............... 37,520 37,520
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,383,845 1,688,745
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
202 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 5,355 5,355
203 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 10,033 267,833
.................................. AI-enabled logistics and [100,000]
sustainment.
.................................. Commercial AI for Business [100,000]
Applications.
.................................. JAIC for ADA.................. [57,800]
206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 58,189 162,189
SUSTAINMENT SUPPORT.
.................................. 3D Heterogeneous Integration [16,600]
and Advanced Packaging for
Microelectronics.
.................................. Accelerated Training in [15,400]
Defense Manufacturing (ATDM)
Pilot.
.................................. Advanced Shipbuilding [10,000]
Workforce Development.
.................................. Carbon/carbon industrial base [15,000]
enhancement.
.................................. Directed Energy Supply Chain [2,000]
Assurance.
.................................. Machine and Advanced [20,000]
Manufacturing--IACMI.
.................................. Program increase.............. [20,000]
.................................. Radar Resiliency.............. [5,000]
207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 18,721 18,721
DEVELOPMENT.
208 0607327T GLOBAL THEATER SECURITY 7,398 7,398
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 58,261 58,261
(OPERATIONAL SYSTEMS DEVELOPMENT).
215 0302019K DEFENSE INFO INFRASTRUCTURE 16,233 16,233
ENGINEERING AND INTEGRATION.
216 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 10,275 10,275
217 0303131K MINIMUM ESSENTIAL EMERGENCY 4,892 4,892
COMMUNICATIONS NETWORK (MEECN).
218 0303136G KEY MANAGEMENT INFRASTRUCTURE 83,751 83,751
(KMI).
219 0303140D8Z INFORMATION SYSTEMS SECURITY 49,191 49,191
PROGRAM.
220 0303140G INFORMATION SYSTEMS SECURITY 423,745 600,845
PROGRAM.
.................................. Hardening DOD Networks........ [12,100]
.................................. ISSP for GENCYBER............. [15,000]
.................................. JFHQ DODIN Staffing and Tools. [150,000]
221 0303140K INFORMATION SYSTEMS SECURITY 5,707 5,707
PROGRAM.
222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 4,150 4,150
223 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,302 19,302
224 0303228K JOINT REGIONAL SECURITY STACKS 9,342 9,342
(JRSS).
226 0303430V FEDERAL INVESTIGATIVE SERVICES 15,326 15,326
INFORMATION TECHNOLOGY.
232 0305128V SECURITY AND INVESTIGATIVE 8,800 8,800
ACTIVITIES.
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 3,820 3,820
ACTIVITIES.
237 0305186D8Z POLICY R&D PROGRAMS............... 4,843 4,843
238 0305199D8Z NET CENTRICITY.................... 13,471 13,471
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 5,994 5,994
SYSTEMS.
247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,273 1,273
TRANSFER PROGRAM.
255 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,690 1,690
256 0708012S PACIFIC DISASTER CENTERS.......... 1,799 1,799
257 0708047S DEFENSE PROPERTY ACCOUNTABILITY 6,390 6,390
SYSTEM.
259 1105219BB MQ-9 UAV.......................... 19,065 19,065
261 1160403BB AVIATION SYSTEMS.................. 173,537 173,537
262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 32,766 32,766
263 1160408BB OPERATIONAL ENHANCEMENTS.......... 145,830 213,830
.................................. AI in Small Unit Maneuver [50,000]
(AISUM).
.................................. High-energy laser technologies [5,000]
.................................. Mobile Compact High Energy [13,000]
Laser (MCHEL).
264 1160431BB WARRIOR SYSTEMS................... 78,592 82,803
.................................. SOCOM--Maritime Scalable [4,211]
Effects Acceleration.
265 1160432BB SPECIAL PROGRAMS.................. 6,486 6,486
266 1160434BB UNMANNED ISR...................... 18,006 18,006
267 1160480BB SOF TACTICAL VEHICLES............. 7,703 7,703
268 1160483BB MARITIME SYSTEMS.................. 58,430 58,430
270 1160490BB OPERATIONAL ENHANCEMENTS 10,990 10,990
INTELLIGENCE.
271A 9999999999 CLASSIFIED PROGRAMS............... 5,208,029 5,208,029
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,607,385 7,218,496
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
272 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 186,639 186,639
273 0608197V NATIONAL BACKGROUND INVESTIGATION 123,570 123,570
SERVICES--SOFTWARE PILOT PROGRAM.
274 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 18,307 18,307
PILOT PROGRAM.
275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 32,774 32,774
276 0308588D8Z ALGORITHMIC WARFARE CROSS 247,452 283,452
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. MAVEN for ADA................. [36,000]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 608,742 644,742
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 25,857,875 30,217,730
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 105,394 105,394
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 68,549 75,049
.................................. Thinking Red.................. [2,500]
.................................. University-based cyber and [4,000]
software centers of excellence
for Operational Test &
Evaluation.
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 42,648 42,648
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 216,591 223,091
..................................
.................................. TOTAL OPERATIONAL TEST & 216,591 223,091
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 111,964,188 118,073,500
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2022 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATING FORCES
010 MANEUVER UNITS.................................................... 3,563,856 3,317,341
OFS Drawdown.................................................. [-191,515]
Unjustified growth............................................ [-55,000]
020 MODULAR SUPPORT BRIGADES.......................................... 142,082 142,082
030 ECHELONS ABOVE BRIGADE............................................ 758,174 748,174
Unjustified growth............................................ [-10,000]
040 THEATER LEVEL ASSETS.............................................. 2,753,783 1,614,442
OFS Drawdown.................................................. [-998,027]
Program decrease.............................................. [-5,000]
Unjustified growth............................................ [-136,314]
050 LAND FORCES OPERATIONS SUPPORT.................................... 1,110,156 1,110,156
060 AVIATION ASSETS................................................... 1,795,522 1,775,522
Unjustified growth............................................ [-20,000]
070 FORCE READINESS OPERATIONS SUPPORT................................ 7,442,976 5,468,604
Program decrease.................................................. [-7,500]
Advanced Bomb Suit............................................ [12,940]
Arctic Cold Weather Gloves.................................... [13,867]
Arctic OCIE for Fort Drum, Fort Carson, and Alaska bases...... [65,050]
CENTCOM--Heavy Lift Logistics................................. [40,300]
Extended Cold Weather Clothing System (ECWCS)................. [8,999]
Female/Small Stature Body Armor............................... [81,750]
Garrison Installation Facilities-Related Control Systems [13,070]
(FRCS)........................................................
Industrial Base Special Installation Control Systems.......... [14,820]
Multi-Domain Operations--Live................................. [1,500]
OFS Drawdown.................................................. [-2,144,168]
Unjustified growth............................................ [-75,000]
080 LAND FORCES SYSTEMS READINESS..................................... 580,921 614,921
CENTCOM--COMSAT air time trasponder leases.................... [34,000]
Sustainment and maintenance of quality of life infrastructure. [20,000]
Unjustified growth............................................ [-20,000]
090 LAND FORCES DEPOT MAINTENANCE..................................... 1,257,959 1,346,976
Tactical Combat Vehicle Repair Cycle Float (RCF).............. [89,017]
100 MEDICAL READINESS................................................. 1,102,964 1,102,964
110 BASE OPERATIONS SUPPORT........................................... 8,878,603 8,916,732
Program decrease.............................................. [-14,000]
Subsistence................................................... [52,129]
120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,051,869 4,503,249
Program increase.............................................. [451,380]
130 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 289,891 291,041
Autonomic Security Operations Center.......................... [1,150]
140 ADDITIONAL ACTIVITIES............................................. 526,517 556,517
Security Operations Center as a service....................... [30,000]
160 RESET............................................................. 397,196 392,196
Unjustified growth............................................ [-5,000]
170 US AFRICA COMMAND................................................. 384,791 468,291
AFRICOM--COMSATCOM leases..................................... [16,500]
AFRICOM Unmanned Contract ISR................................. [67,000]
180 US EUROPEAN COMMAND............................................... 293,932 335,910
EUCOM--Information Operations maintain FY21 level............. [26,765]
EUCOM--MPE BICES rapid intel capabilities..................... [4,500]
EUCOM--MPE NATO C2 NATO Response Force........................ [9,708]
EUCOM--MPE OSINT.............................................. [1,005]
190 US SOUTHERN COMMAND............................................... 196,726 204,526
SOUTHCOM--Enhanced Domain Awareness........................... [3,400]
SOUTHCOM--HUMINT in the Cyber Domain.......................... [4,400]
200 US FORCES KOREA................................................... 67,052 67,052
210 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 621,836 654,756
Critical Infrastructure Risk Management Cyber Resiliency [13,630]
Mitigations (GOCO)............................................
MRCT / Cyber I&W / Ops Cell................................... [4,660]
Security Operations Center as a Service....................... [14,630]
220 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 629,437 841,327
C-SCRM Supplier Vetting and Equipment Inspection.............. [1,200]
Cyber--Supply Chain Risk Mgmt (C-SCRM) Program................ [2,750]
Cybersecurity Control Systems Assessments..................... [89,889]
Cybersecurity Support Services Task Order (CSSTO)............. [1,320]
Data and Applications Support Task Order (DASTO).............. [12,886]
Defensive Cyber Sensors....................................... [2,900]
Harden CSS VSAT Network....................................... [10,066]
Information Technology Infrastructure Support (ITIS).......... [15,469]
Weapon System Software Readiness.............................. [75,410]
SUBTOTAL OPERATING FORCES..................................... 36,846,243 34,472,779
MOBILIZATION
230 STRATEGIC MOBILITY................................................ 353,967 385,454
APS-4 South Humanitarian Assistance-Disaster Relief Site...... [31,487]
240 ARMY PREPOSITIONED STOCKS......................................... 381,192 451,908
Second destination transportation............................. [70,716]
250 INDUSTRIAL PREPAREDNESS........................................... 3,810 3,810
SUBTOTAL MOBILIZATION......................................... 738,969 841,172
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 163,568 163,568
270 RECRUIT TRAINING.................................................. 75,140 75,140
280 ONE STATION UNIT TRAINING......................................... 81,274 81,274
290 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 520,973 520,973
300 SPECIALIZED SKILL TRAINING........................................ 998,869 998,869
310 FLIGHT TRAINING................................................... 1,309,556 1,309,556
320 PROFESSIONAL DEVELOPMENT EDUCATION................................ 218,651 218,651
330 TRAINING SUPPORT.................................................. 616,380 634,480
ATRRS Modernization........................................... [18,100]
340 RECRUITING AND ADVERTISING........................................ 683,569 684,963
Enterprise Technology Integration, Governance, and Engineering [1,394]
Requirements (ETIGER).........................................
350 EXAMINING......................................................... 169,442 169,442
360 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 214,923 231,078
Tuition assistance............................................ [16,155]
370 CIVILIAN EDUCATION AND TRAINING................................... 220,589 220,589
380 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 187,569 187,569
SUBTOTAL TRAINING AND RECRUITING.............................. 5,460,503 5,496,152
ADMIN & SRVWIDE ACTIVITIES
400 SERVICEWIDE TRANSPORTATION........................................ 684,562 672,562
Unjustified growth............................................ [-12,000]
410 CENTRAL SUPPLY ACTIVITIES......................................... 808,895 808,895
420 LOGISTIC SUPPORT ACTIVITIES....................................... 767,053 796,153
Preserve Logistics Data Analysis Capability While [29,100]
Transitioning to an Organic Civilian Workforce................
430 AMMUNITION MANAGEMENT............................................. 469,038 469,038
440 ADMINISTRATION.................................................... 488,535 468,535
Unjustified growth............................................ [-20,000]
450 SERVICEWIDE COMMUNICATIONS........................................ 1,952,742 2,013,762
CHRA IT Cloud................................................. [5,300]
ERP Convergence............................................... [49,420]
Mission Partner Environment................................... [6,300]
460 MANPOWER MANAGEMENT............................................... 323,273 328,643
Integrated Personnel Electronic Records Management Systems.... [5,370]
470 OTHER PERSONNEL SUPPORT........................................... 663,602 694,992
Enterprise Technology Integration, Governance, and Engineering [1,390]
Requirements (ETIGER).........................................
Personnel Security Investigations............................. [30,000]
480 OTHER SERVICE SUPPORT............................................. 2,004,981 2,031,364
DFAS bill to the Army......................................... [49,983]
Unjustified growth............................................ [-23,600]
490 ARMY CLAIMS ACTIVITIES............................................ 180,178 180,178
500 REAL ESTATE MANAGEMENT............................................ 269,009 269,009
510 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 437,940 437,940
520 INTERNATIONAL MILITARY HEADQUARTERS............................... 482,571 482,571
530 MISC. SUPPORT OF OTHER NATIONS.................................... 29,670 29,670
575 CLASSIFIED PROGRAMS............................................... 2,008,633 2,041,233
SOUTHCOM UPL.................................................. [32,600]
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 11,570,682 11,724,545
TOTAL OPERATION & MAINTENANCE, ARMY.......................... 54,616,397 52,534,648
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................................... 10,465 10,465
020 ECHELONS ABOVE BRIGADE............................................ 554,992 554,992
030 THEATER LEVEL ASSETS.............................................. 120,892 120,892
040 LAND FORCES OPERATIONS SUPPORT.................................... 597,718 597,718
050 AVIATION ASSETS................................................... 111,095 111,095
060 FORCE READINESS OPERATIONS SUPPORT................................ 385,506 385,506
070 LAND FORCES SYSTEMS READINESS..................................... 98,021 98,021
080 LAND FORCES DEPOT MAINTENANCE..................................... 34,368 34,368
090 BASE OPERATIONS SUPPORT........................................... 584,513 584,513
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 342,433 342,433
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 22,472 22,472
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 2,764 2,764
130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,476 7,476
SUBTOTAL OPERATING FORCES..................................... 2,872,715 2,872,715
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................ 15,400 15,400
150 ADMINISTRATION.................................................... 19,611 19,611
160 SERVICEWIDE COMMUNICATIONS........................................ 37,458 37,458
170 MANPOWER MANAGEMENT............................................... 7,162 7,162
180 RECRUITING AND ADVERTISING........................................ 48,289 48,289
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 127,920 127,920
TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 3,000,635 3,000,635
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 799,854 799,854
020 MODULAR SUPPORT BRIGADES.......................................... 211,561 211,561
030 ECHELONS ABOVE BRIGADE............................................ 835,709 835,709
040 THEATER LEVEL ASSETS.............................................. 101,179 101,179
050 LAND FORCES OPERATIONS SUPPORT.................................... 34,436 34,436
060 AVIATION ASSETS................................................... 1,110,416 1,110,416
070 FORCE READINESS OPERATIONS SUPPORT................................ 704,827 734,927
ARNG Weapons of Mass Destruction / Civil Support Teams (WMD- [5,100]
CST) Equipment Sustainment....................................
Program increase.............................................. [25,000]
080 LAND FORCES SYSTEMS READINESS..................................... 47,886 47,886
090 LAND FORCES DEPOT MAINTENANCE..................................... 244,439 244,439
100 BASE OPERATIONS SUPPORT........................................... 1,097,960 1,097,960
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 956,988 956,988
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,047,870 1,047,870
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 8,071 14,371
Joint Information Exchange Environment........................ [6,300]
140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,828 7,828
SUBTOTAL OPERATING FORCES..................................... 7,209,024 7,245,424
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................ 8,017 8,017
160 ADMINISTRATION.................................................... 76,993 83,293
ARNG Joint Information Exchange Environment................... [6,300]
170 SERVICEWIDE COMMUNICATIONS........................................ 101,113 101,113
180 MANPOWER MANAGEMENT............................................... 8,920 8,920
190 OTHER PERSONNEL SUPPORT........................................... 240,292 240,292
200 REAL ESTATE MANAGEMENT............................................ 2,850 2,850
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 438,185 444,485
TOTAL OPERATION & MAINTENANCE, ARNG.......................... 7,647,209 7,689,909
AFGHANISTAN SECURITY FORCES FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT....................................................... 1,053,668 0
OFS Drawdown.................................................. [-1,053,668]
020 INFRASTRUCTURE.................................................... 1,818 0
OFS Drawdown.................................................. [-1,818]
030 EQUIPMENT AND TRANSPORTATION...................................... 22,911 0
OFS Drawdown.................................................. [-22,911]
040 TRAINING AND OPERATIONS........................................... 31,837 0
OFS Drawdown.................................................. [-31,837]
SUBTOTAL AFGHAN NATIONAL ARMY................................. 1,110,234 0
AFGHAN NATIONAL POLICE
050 SUSTAINMENT....................................................... 440,628 0
OFS Drawdown.................................................. [-440,628]
070 EQUIPMENT AND TRANSPORTATION...................................... 38,551 0
OFS Drawdown.................................................. [-38,551]
080 TRAINING AND OPERATIONS........................................... 38,152 0
OFS Drawdown.................................................. [-38,152]
SUBTOTAL AFGHAN NATIONAL POLICE............................... 517,331 0
AFGHAN AIR FORCE
090 SUSTAINMENT....................................................... 562,056 0
OFS Drawdown.................................................. [-562,056]
110 EQUIPMENT AND TRANSPORTATION...................................... 26,600 0
OFS Drawdown.................................................. [-26,600]
120 TRAINING AND OPERATIONS........................................... 169,684 0
OFS Drawdown.................................................. [-169,684]
SUBTOTAL AFGHAN AIR FORCE..................................... 758,340 0
AFGHAN SPECIAL SECURITY FORCES
130 SUSTAINMENT....................................................... 685,176 0
OFS Drawdown.................................................. [-685,176]
150 EQUIPMENT AND TRANSPORTATION...................................... 78,962 0
OFS Drawdown.................................................. [-78,962]
160 TRAINING AND OPERATIONS........................................... 177,767 0
OFS Drawdown.................................................. [-177,767]
SUBTOTAL AFGHAN SPECIAL SECURITY FORCES....................... 941,905 0
UNDISTRIBUTED
170 UNDISTRIBUTED..................................................... 325,000
Contract close-out and other close-out operations............. [350,000]
Program decrease.............................................. [-25,000]
SUBTOTAL UNDISTRIBUTED........................................ 325,000
TOTAL AFGHANISTAN SECURITY FORCES FUND....................... 3,327,810 325,000
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ.............................................................. 345,000 345,000
020 SYRIA............................................................. 177,000 177,000
SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)............. 522,000 522,000
TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)............... 522,000 522,000
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 6,264,654 6,545,054
Flying Hour Program (1A1A--Fleet Operations).................. [280,400]
020 FLEET AIR TRAINING................................................ 2,465,007 2,465,007
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 55,140 55,140
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 197,904 197,904
050 AIR SYSTEMS SUPPORT............................................... 1,005,932 1,005,932
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,675,356 1,897,556
Aircraft Depot Maintenance Events (Multiple Type/Model/Series) [222,200]
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 65,518 65,518
080 AVIATION LOGISTICS................................................ 1,460,546 1,440,546
Historical underexecution..................................... [-20,000]
090 MISSION AND OTHER SHIP OPERATIONS................................. 5,858,028 5,929,028
Resilient PNT................................................. [29,000]
Submarine Tender Overhaul..................................... [42,000]
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,154,696 1,163,679
Navy Tactical Grid Development for JADC2...................... [8,983]
110 SHIP DEPOT MAINTENANCE............................................ 10,300,078 10,476,778
A-120 Availabilities.......................................... [39,800]
restore CG-56, CG-57, and CG-61............................... [136,900]
120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,188,454 2,188,454
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,551,846 1,551,846
140 SPACE SYSTEMS AND SURVEILLANCE.................................... 327,251 327,251
150 WARFARE TACTICS................................................... 798,082 798,082
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 447,486 447,486
170 COMBAT SUPPORT FORCES............................................. 2,250,756 2,297,856
CENTCOM--Maintain Cyclone PCs and MK VI patrol boats.......... [47,100]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 192,968 192,968
190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 61,614 61,614
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 198,596 504,436
INDOPACOM--Critical Manpower Positions........................ [4,620]
INDOPACOM--Enhanced ISR Augmentation.......................... [41,000]
INDOPACOM--Future fusion centers.............................. [3,300]
INDOPACOM--Movement Coordination Center....................... [500]
INDOPACOM--Pacific Multi-Domain Training and Experimentation [114,410]
Capability (PMTEC)............................................
INDOPACOM--Wargaming analytical tools......................... [88,000]
INDOPACOM Mission Partner Environment......................... [54,010]
210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,984 36,984
INDOPACOM Military Information Support Operations (MISO)...... [28,000]
220 CYBERSPACE ACTIVITIES............................................. 565,926 565,926
230 FLEET BALLISTIC MISSILE........................................... 1,476,247 1,471,247
Historical underexecution..................................... [-5,000]
240 WEAPONS MAINTENANCE............................................... 1,538,743 1,513,743
Historical underexecution..................................... [-25,000]
250 OTHER WEAPON SYSTEMS SUPPORT...................................... 592,357 587,357
Historical underexecution..................................... [-5,000]
260 ENTERPRISE INFORMATION............................................ 734,970 714,970
Program decrease.............................................. [-20,000]
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 2,961,937 3,411,937
Program increase.............................................. [450,000]
280 BASE OPERATING SUPPORT............................................ 4,826,314 4,816,314
Program decrease.............................................. [-10,000]
SUBTOTAL OPERATING FORCES..................................... 51,225,390 52,730,613
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE..................................... 457,015 380,531
Historical underexecution..................................... [-76,484]
300 READY RESERVE FORCE............................................... 645,522 645,522
310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 353,530 348,530
Historical underexecution..................................... [-5,000]
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 149,384 149,384
330 COAST GUARD SUPPORT............................................... 20,639 20,639
SUBTOTAL MOBILIZATION......................................... 1,626,090 1,544,606
TRAINING AND RECRUITING
340 OFFICER ACQUISITION............................................... 172,913 172,913
350 RECRUIT TRAINING.................................................. 13,813 13,813
360 RESERVE OFFICERS TRAINING CORPS................................... 167,152 167,152
370 SPECIALIZED SKILL TRAINING........................................ 1,053,104 1,053,104
380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 311,209 315,509
Sea Cadets.................................................... [4,300]
390 TRAINING SUPPORT.................................................. 306,302 306,302
400 RECRUITING AND ADVERTISING........................................ 205,219 205,219
410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 79,053 79,053
420 CIVILIAN EDUCATION AND TRAINING................................... 109,754 109,754
430 JUNIOR ROTC....................................................... 57,323 57,323
SUBTOTAL TRAINING AND RECRUITING.............................. 2,475,842 2,480,142
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION.................................................... 1,268,961 1,221,353
Program decrease.............................................. [-75,000]
Restoration of cuts to Naval Audit Service.................... [27,392]
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 212,952 212,952
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 562,546 562,546
470 MEDICAL ACTIVITIES................................................ 285,436 285,436
480 SERVICEWIDE TRANSPORTATION........................................ 217,782 217,782
500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 479,480 479,480
510 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 741,045 741,045
520 INVESTIGATIVE AND SECURITY SERVICES............................... 738,187 726,187
Historical underexecution..................................... [-5,000]
Program decrease.............................................. [-7,000]
665 CLASSIFIED PROGRAMS............................................... 607,517 607,517
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 5,113,906 5,054,298
TOTAL OPERATION & MAINTENANCE, NAVY.......................... 60,441,228 61,809,659
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 1,587,456 1,632,756
Plate Carrier Generation III.................................. [45,300]
020 FIELD LOGISTICS................................................... 1,532,630 1,532,630
030 DEPOT MAINTENANCE................................................. 215,949 215,949
040 MARITIME PREPOSITIONING........................................... 107,969 107,969
050 CYBERSPACE ACTIVITIES............................................. 233,486 233,486
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 1,221,117 1,221,117
070 BASE OPERATING SUPPORT............................................ 2,563,278 2,563,278
SUBTOTAL OPERATING FORCES..................................... 7,461,885 7,507,185
TRAINING AND RECRUITING
080 RECRUIT TRAINING.................................................. 24,729 24,729
090 OFFICER ACQUISITION............................................... 1,208 1,208
100 SPECIALIZED SKILL TRAINING........................................ 110,752 110,752
110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 61,539 61,539
120 TRAINING SUPPORT.................................................. 490,975 490,975
130 RECRUITING AND ADVERTISING........................................ 223,643 223,643
140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 49,369 49,369
150 JUNIOR ROTC....................................................... 26,065 26,065
SUBTOTAL TRAINING AND RECRUITING.............................. 988,280 988,280
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION........................................ 100,475 100,475
170 ADMINISTRATION.................................................... 410,729 410,729
215 CLASSIFIED PROGRAMS............................................... 63,422 63,422
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 574,626 574,626
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 9,024,791 9,070,091
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 628,522 628,522
020 INTERMEDIATE MAINTENANCE.......................................... 9,593 9,593
030 AIRCRAFT DEPOT MAINTENANCE........................................ 135,280 135,280
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 497 497
050 AVIATION LOGISTICS................................................ 29,435 29,435
070 COMBAT COMMUNICATIONS............................................. 18,469 18,469
080 COMBAT SUPPORT FORCES............................................. 136,710 136,710
090 CYBERSPACE ACTIVITIES............................................. 440 440
100 ENTERPRISE INFORMATION............................................ 26,628 26,628
110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 42,311 42,311
120 BASE OPERATING SUPPORT............................................ 103,606 103,606
SUBTOTAL OPERATING FORCES..................................... 1,131,491 1,131,491
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION.................................................... 1,943 1,943
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 12,191 12,191
150 ACQUISITION AND PROGRAM MANAGEMENT................................ 3,073 3,073
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 17,207 17,207
TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 1,148,698 1,148,698
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 102,271 148,171
Reserve Component Individual Combat Equipment................. [45,900]
020 DEPOT MAINTENANCE................................................. 16,811 16,811
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 42,702 42,702
040 BASE OPERATING SUPPORT............................................ 109,210 109,210
SUBTOTAL OPERATING FORCES..................................... 270,994 316,894
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION.................................................... 14,056 14,056
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 14,056 14,056
TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 285,050 330,950
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 706,860 564,412
Historical underexecution..................................... [-75,000]
OFS Drawdown.................................................. [-67,448]
020 COMBAT ENHANCEMENT FORCES......................................... 2,382,448 2,121,529
CENTCOM--MQ-9 Combat Lines.................................... [53,000]
OFS Drawdown.................................................. [-313,919]
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,555,320 1,356,542
Contract Adversary Air........................................ [5,000]
Historical underexecution..................................... [-200,000]
OFS Drawdown.................................................. [-3,778]
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 3,661,762 3,641,762
Historical underexecution..................................... [-10,000]
Program decrease.............................................. [-10,000]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,867,114 4,317,114
Program increase.............................................. [450,000]
060 CYBERSPACE SUSTAINMENT............................................ 179,568 179,568
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 8,457,653 8,642,653
F-35 WSS Air Force UPL........................................ [185,000]
080 FLYING HOUR PROGRAM............................................... 5,646,730 5,094,372
Cyber Training................................................ [23,300]
CYBERCOM--Acquisition Personnel............................... [4,800]
CYBERCOM--HUMINT.............................................. [500]
OFS Drawdown.................................................. [-560,958]
Program decrease.............................................. [-20,000]
090 BASE SUPPORT...................................................... 9,846,037 9,869,037
Program decrease.............................................. [-15,000]
Sustainment and maintenance of quality of life infrastructure. [20,000]
U.S. Air Force Academy IT Modernization....................... [18,000]
100 GLOBAL C3I AND EARLY WARNING...................................... 979,705 987,390
EUCOM--MPE Air Component Battle Network....................... [9,200]
OFS Drawdown.................................................. [-1,515]
110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,418,515 1,406,592
OFS Drawdown.................................................. [-11,923]
120 CYBERSPACE ACTIVITIES............................................. 864,761 864,761
150 SPACE CONTROL SYSTEMS............................................. 13,223 13,223
160 US NORTHCOM/NORAD................................................. 196,774 196,774
170 US STRATCOM....................................................... 475,015 475,015
180 US CYBERCOM....................................................... 389,663 389,663
190 US CENTCOM........................................................ 372,354 396,354
CENTCOM Military Information Support Operations (MISO)........ [24,000]
200 US SOCOM.......................................................... 28,733 28,733
220 CENTCOM CYBERSPACE SUSTAINMENT.................................... 1,289 1,289
230 USSPACECOM........................................................ 272,601 339,601
Bridging Space Protection Gaps--Commercial SSA................ [10,000]
Program increase.............................................. [57,000]
235 CLASSIFIED PROGRAMS............................................... 1,454,383 1,454,383
SUBTOTAL OPERATING FORCES..................................... 42,770,508 42,340,767
MOBILIZATION
240 AIRLIFT OPERATIONS................................................ 2,422,784 2,422,784
250 MOBILIZATION PREPAREDNESS......................................... 667,851 667,851
SUBTOTAL MOBILIZATION......................................... 3,090,635 3,090,635
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 156,193 156,193
270 RECRUIT TRAINING.................................................. 26,072 26,072
280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 127,693 127,693
290 SPECIALIZED SKILL TRAINING........................................ 491,286 482,056
OFS Drawdown.................................................. [-9,230]
300 FLIGHT TRAINING................................................... 718,742 718,742
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 302,092 302,092
320 TRAINING SUPPORT.................................................. 162,165 162,165
330 RECRUITING AND ADVERTISING........................................ 171,339 171,339
340 EXAMINING......................................................... 8,178 8,178
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 236,760 236,760
360 CIVILIAN EDUCATION AND TRAINING................................... 306,602 306,602
370 JUNIOR ROTC....................................................... 65,940 65,940
SUBTOTAL TRAINING AND RECRUITING.............................. 2,773,062 2,763,832
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.............................................. 1,062,709 1,062,709
390 TECHNICAL SUPPORT ACTIVITIES...................................... 169,957 169,957
400 ADMINISTRATION.................................................... 1,005,827 987,327
Program decrease.............................................. [-18,500]
410 SERVICEWIDE COMMUNICATIONS........................................ 31,054 31,054
420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,470,757 1,459,757
Program decrease.............................................. [-11,000]
430 CIVIL AIR PATROL.................................................. 29,128 47,300
Civil Air Patrol.............................................. [18,172]
450 INTERNATIONAL SUPPORT............................................. 81,118 81,118
455 CLASSIFIED PROGRAMS............................................... 1,391,720 1,391,720
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 5,242,270 5,230,942
TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 53,876,475 53,426,176
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING........................................ 495,615 495,615
020 SPACE LAUNCH OPERATIONS........................................... 185,700 185,700
030 SPACE OPERATIONS.................................................. 611,269 611,269
040 EDUCATION & TRAINING.............................................. 22,887 22,887
060 DEPOT MAINTENANCE................................................. 280,165 332,565
Space Force Weapons System Sustainment........................ [52,400]
070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 213,347 279,647
Cheyenne Mountain Improvements UPL............................ [66,300]
080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT........................... 1,158,707 1,350,707
Space Force Weapons System Sustainment........................ [192,000]
090 SPACE OPERATIONS -BOS............................................. 143,520 143,520
095 CLASSIFIED PROGRAMS............................................... 172,755 172,755
SUBTOTAL OPERATING FORCES..................................... 3,283,965 3,594,665
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
100 ADMINISTRATION.................................................... 156,747 156,747
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES........... 156,747 156,747
TOTAL OPERATION & MAINTENANCE, SPACE FORCE................... 3,440,712 3,751,412
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,665,015 1,544,978
Historical underexecution..................................... [-100,000]
Program decrease.............................................. [-20,037]
020 MISSION SUPPORT OPERATIONS........................................ 179,486 169,486
Historical underexecution..................................... [-10,000]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 530,540 510,540
Program decrease.............................................. [-20,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 114,987 114,987
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 254,831 244,831
Program decrease.............................................. [-10,000]
060 BASE SUPPORT...................................................... 470,801 470,801
070 CYBERSPACE ACTIVITIES............................................. 1,372 1,372
SUBTOTAL OPERATING FORCES..................................... 3,217,032 3,056,995
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION.................................................... 91,289 91,289
090 RECRUITING AND ADVERTISING........................................ 23,181 23,181
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 13,966 13,966
110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 6,196 6,196
120 AUDIOVISUAL....................................................... 442 442
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 135,074 135,074
TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,352,106 3,192,069
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............................................... 2,281,432 2,281,432
020 MISSION SUPPORT OPERATIONS........................................ 582,848 588,748
ANG HRF/CERFP Sustainment w/in WMD............................ [5,900]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 1,241,318 1,221,318
Program decrease.............................................. [-20,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 353,193 353,193
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,077,654 1,067,654
Program decrease.............................................. [-10,000]
060 BASE SUPPORT...................................................... 908,198 908,198
070 CYBERSPACE SUSTAINMENT............................................ 23,895 23,895
080 CYBERSPACE ACTIVITIES............................................. 17,263 17,263
SUBTOTAL OPERATING FORCES..................................... 6,485,801 6,461,701
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 46,455 46,455
100 RECRUITING AND ADVERTISING........................................ 41,764 41,764
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 88,219 88,219
TOTAL OPERATION & MAINTENANCE, ANG........................... 6,574,020 6,549,920
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 407,240 407,240
020 JOINT CHIEFS OF STAFF--CE2T2...................................... 554,634 589,734
INDOPACOM--Joint Exercise Program............................. [35,100]
030 JOINT CHIEFS OF STAFF--CYBER...................................... 8,098 8,098
050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 2,044,479 2,047,789
SOCOM--Armored Ground Mobility Systems (AGMS) Acceleration.... [3,310]
060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 45,851 45,851
070 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 1,614,757 1,614,757
080 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 1,081,869 1,090,210
Advanced Engine Performance and Restoration Program (Nucleated [2,000]
Foam).........................................................
SOCOM--Modernized Forward Look Sonar.......................... [900]
SOCOM--Personal Signature Management Acceleration............. [5,441]
090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 180,042 170,042
Program decrease.............................................. [-10,000]
100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 1,202,060 1,205,060
JMWC.......................................................... [3,000]
110 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 3,175,789 3,185,789
Program increase.............................................. [10,000]
SUBTOTAL OPERATING FORCES..................................... 10,314,819 10,364,570
TRAINING AND RECRUITING
130 DEFENSE ACQUISITION UNIVERSITY.................................... 171,607 171,607
140 JOINT CHIEFS OF STAFF............................................. 92,905 92,905
150 PROFESSIONAL DEVELOPMENT EDUCATION................................ 31,669 31,669
SUBTOTAL TRAINING AND RECRUITING.............................. 296,181 296,181
ADMIN & SRVWIDE ACTIVITIES
170 CIVIL MILITARY PROGRAMS........................................... 137,311 228,311
National Guard Youth Challenge................................ [50,000]
STARBASE...................................................... [41,000]
190 DEFENSE CONTRACT AUDIT AGENCY..................................... 618,526 618,526
200 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,984 3,984
220 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,438,296 1,438,296
230 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 11,999 11,999
240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY................... 941,488 941,488
260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............ 9,859 9,859
270 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 816,168 886,168
Defense Suicide Prevention Office............................. [5,000]
DHRA/DSPO--support FY 2021 congressional increases............ [5,000]
DHRA/SAPRO--FY 2021 baseline restoral......................... [60,000]
280 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER........................... 17,655 17,655
290 DEFENSE INFORMATION SYSTEMS AGENCY................................ 1,913,734 1,935,469
Cloud Migration and Technology (Milcloud 2.0)................. [11,000]
CYBERCOM--HUMINT.............................................. [2,700]
Program decrease.............................................. [-2,000]
Program increase--cloud migration and technology.............. [10,000]
Secure Congressional communications........................... [35]
310 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 530,278 580,278
Hardening DODIN............................................... [50,000]
350 DEFENSE LEGAL SERVICES AGENCY..................................... 229,498 229,498
360 DEFENSE LOGISTICS AGENCY.......................................... 402,864 407,664
Procurement Technical Assistance Program...................... [4,800]
370 DEFENSE MEDIA ACTIVITY............................................ 222,655 224,655
Public Web Program............................................ [2,000]
380 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 130,174 155,174
DPAA (POW/MIA)--support FY 2021 congressional increases....... [25,000]
390 DEFENSE SECURITY COOPERATION AGENCY............................... 2,067,446 2,033,046
Baltic Security Initiative.................................... [175,000]
Offset for Baltic Security Initiative......................... [-175,000]
Program increase.............................................. [215,600]
Transfer to Ukraine Security Assistance....................... [-250,000]
420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 39,305 39,305
440 DEFENSE THREAT REDUCTION AGENCY................................... 885,749 885,749
460 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 36,736 36,736
470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 3,138,345 3,208,345
Impact Aid.................................................... [50,000]
Impact Aid--Students with Disabilities........................ [20,000]
490 MISSILE DEFENSE AGENCY............................................ 502,450 502,450
530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION--OSD............ 89,686 107,686
Defense Community Infrastructure Program...................... [15,000]
Oversight Personnel........................................... [3,000]
540 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,766,614 1,802,414
Assistant Secretary of Defense for Energy, Installation and [10,000]
Environment oversight personnel...............................
Basic Needs Allowance......................................... [50,000]
CAPE Civilian Technical Staff Increase........................ [3,000]
CAPE cost data and software initiative increase............... [3,500]
Commission on Afghanistan..................................... [5,000]
Defense Resource Budgeting & Allocation Commission............ [4,000]
DIU Civilian Technical Staff Increase......................... [3,000]
DOT&E Civilian Technical Staff Increase....................... [3,000]
Military working dog pilot program............................ [10,000]
Program decrease.............................................. [-55,700]
550 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 32,851 32,851
560 SPACE DEVELOPMENT AGENCY.......................................... 53,851 53,851
570 WASHINGTON HEADQUARTERS SERVICES.................................. 369,698 340,698
Program decrease.............................................. [-29,000]
575 CLASSIFIED PROGRAMS............................................... 17,900,146 17,900,146
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 34,307,366 34,632,301
UNDISTRIBUTED
580 UNDISTRIBUTED..................................................... 1,322,055
Afghanistan withdrawal contingency costs...................... [250,000]
Depot Capital Investment...................................... [900,000]
FSRM increase for Defense-wide activities..................... [172,055]
SUBTOTAL UNDISTRIBUTED........................................ 1,322,055
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE................ 44,918,366 46,615,107
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE INITIATIVE............................ 300,000
Program increase.............................................. [50,000]
Transfer from Defense Security Cooperation Agency............. [250,000]
SUBTOTAL UKRAINE SECURITY ASSISTANCE.......................... 300,000
TOTAL UKRAINE SECURITY ASSISTANCE............................ 300,000
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 15,589 15,589
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES............. 15,589 15,589
TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF.............. 15,589 15,589
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD.............................................. 54,679 54,679
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................... 54,679 54,679
TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND............. 54,679 54,679
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 110,051 650,051
Afghan SIV costs.............................................. [500,000]
Program Increase.............................................. [40,000]
SUBTOTAL HUMANITARIAN ASSISTANCE.............................. 110,051 650,051
TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID......... 110,051 650,051
COOPERATIVE THREAT REDUCTION ACCOUNT
010 COOPERATIVE THREAT REDUCTION...................................... 239,849 344,849
Program increase.............................................. [105,000]
SUBTOTAL COOPERATIVE THREAT REDUCTION......................... 239,849 344,849
TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT................... 239,849 344,849
ENVIRONMENTAL RESTORATION
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, ARMY................................... 200,806 300,806
Program increase for PFAS..................................... [100,000]
SUBTOTAL DEPARTMENT OF THE ARMY............................... 200,806 300,806
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, NAVY................................... 298,250 472,250
Program increase for PFAS..................................... [174,000]
SUBTOTAL DEPARTMENT OF THE NAVY............................... 298,250 472,250
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 301,768 476,768
Program increase for PFAS..................................... [175,000]
SUBTOTAL DEPARTMENT OF THE AIR FORCE.......................... 301,768 476,768
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 8,783 58,783
Military Munitions Response Program........................... [50,000]
SUBTOTAL DEFENSE-WIDE......................................... 8,783 58,783
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 218,580 392,580
Program increase.............................................. [74,000]
Program increase for PFAS..................................... [100,000]
SUBTOTAL DEFENSE-WIDE......................................... 218,580 392,580
TOTAL ENVIRONMENTAL RESTORATION.............................. 1,028,187 1,701,187
TOTAL OPERATION & MAINTENANCE................................ 253,623,852 253,032,629
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Item Request Authorized
------------------------------------------------------------------------
MERHCF................................ 9,337,175 9,337,175
MILPERS............................... 157,947,920 157,521,920
ARNG Chemical Biological 9,200
Radiological Nuclear (CBRN)
Response Forces Readiness........
Historical underexecution........ [-500,000]
Military Personnel, Navy-- 64,800
Manpower costs for CG-56, CG-57,
and CG-61........................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE................ 26,935 26,935
ARMY SUPPLY MANAGEMENT.................. 357,776 357,776
TOTAL WORKING CAPITAL FUND, ARMY..... 384,711 384,711
WORKING CAPITAL FUND, NAVY
SUPPLY MANAGEMENT--NAVY................. 150,000 150,000
TOTAL WORKING CAPITAL FUND, NAVY..... 150,000 150,000
WORKING CAPITAL FUND, AIR FORCE
SUPPLY MANAGEMENT....................... 77,453 77,453
TOTAL WORKING CAPITAL FUND, AIR FORCE 77,453 77,453
WORKING CAPITAL FUND, DEFENSE-WIDE
ENERGY MANAGEMENT--DEFENSE.............. 40,000 40,000
SUPPLY CHAIN MANAGEMENT--DEFENSE........ 87,765 87,765
TOTAL WORKING CAPITAL FUND, DEFENSE- 127,765 127,765
WIDE.................................
WORKING CAPITAL FUND, DECA
COMMISSARY OPERATIONS................... 1,162,071 1,162,071
TOTAL WORKING CAPITAL FUND, DECA..... 1,162,071 1,162,071
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M.............. 93,121 93,121
CHEM DEMILITARIZATION--RDT&E............ 1,001,231 1,001,231
TOTAL CHEM AGENTS & MUNITIONS 1,094,352 1,094,352
DESTRUCTION..........................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF
COUNTER-NARCOTICS SUPPORT............... 593,250 593,250
DRUG DEMAND REDUCTION PROGRAM........... 126,024 126,024
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 96,970 96,970
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,664 5,664
TOTAL DRUG INTERDICTION & CTR-DRUG 821,908 821,908
ACTIVITIES, DEF......................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL......... 434,700 434,700
OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,218 1,218
OFFICE OF THE INSPECTOR GENERAL--RDTE... 2,365 2,365
OFFICE OF THE INSPECTOR GENERAL-- 80 80
PROCUREMENT............................
TOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE........................... 9,720,004 9,757,004
DHA--reverse DWR cuts to Defense [37,000]
Health Program.....................
PRIVATE SECTOR CARE..................... 18,092,679 18,092,679
CONSOLIDATED HEALTH SUPPORT............. 1,541,122 2,316,047
Anomalous Health Incidents......... [114,925]
DHA--Global Emerging Infectious [50,000]
Surveillance System................
DHP COVID-related shortfalls....... [600,000]
Global Emerging Infectious [10,000]
Surveillance Program...............
INFORMATION MANAGEMENT.................. 2,233,677 2,233,677
MANAGEMENT ACTIVITIES................... 335,138 335,138
EDUCATION AND TRAINING.................. 333,234 708,734
DWR cut reversal to USUHS Basic [15,500]
Research Program...................
USUHS BLDG usage: ID and Vax [360,000]
Research, Pandemic Response and
Collaboration and Supply Chain
Independence.......................
BASE OPERATIONS/COMMUNICATIONS.......... 1,926,865 1,941,865
National Disaster Medical System [15,000]
Surge Partnerships.................
R&D RESEARCH............................ 9,091 9,091
R&D EXPLORATRY DEVELOPMENT.............. 75,463 75,463
R&D ADVANCED DEVELOPMENT................ 235,556 235,556
R&D DEMONSTRATION/VALIDATION............ 142,252 142,252
R&D ENGINEERING DEVELOPMENT............. 101,054 123,054
Brainscope......................... [5,000]
Freeze-dried platelets............. [10,000]
Program increase................... [7,000]
R&D MANAGEMENT AND SUPPORT.............. 49,645 49,645
R&D CAPABILITIES ENHANCEMENT............ 17,619 17,619
PROC INITIAL OUTFITTING................. 20,926 20,926
PROC REPLACEMENT & MODERNIZATION........ 250,366 250,366
PROC MILITARY HEALTH SYSTEM--DESKTOP TO 72,302 72,302
DATACENTER.............................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 435,414 435,414
MODERNIZATION..........................
TOTAL DEFENSE HEALTH PROGRAM......... 35,592,407 36,816,832
TOTAL OTHER AUTHORIZATIONS........... 39,849,030 41,073,455
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2022 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Anniston Army Depot Welding Facility.......... 0 25,000
Army Fort Rucker AIT Barracks Complex...... 0 66,000
Army Redstone Arsenal Propulsion Systems Lab.... 55,000 55,000
Belgium
Army Shape Headquarters Command and Control 16,000 16,000
Facility.
California
Army Fort Irwin Simulations Center........ 52,000 52,000
Georgia
Army Fort Gordon Cyber Instructional Fac 69,000 69,000
(Admin/Cmd), Inc. 2.
Army Fort Stewart Barracks.................. 0 100,000
Germany
Army East Camp Grafenwoehr EDI: Barracks and Dining 103,000 50,000
Facility.
Army Smith Barracks Indoor Small Arms Range... 17,500 17,500
Army Smith Barracks Live Fire Exercise 16,000 16,000
Shoothouse.
Hawaii
Army West Loch Nav Mag Ammunition Storage........ 51,000 51,000
Annex
Kansas
Army Fort Leavenworth Child Development Center.. 0 34,000
Kentucky
Army Fort Knox Child Development Center.. 0 27,000
Louisiana
Army Fort Polk, Louisiana Joint Operations Center... 55,000 55,000
Lousiana
Army Fort Polk Barracks.................. 0 56,000
Maryland
Army Aberdeen Proving Moving Target Simulator 0 29,000
Ground (Combat Systems
Simulation Laboratory).
Army Fort Detrick Medical Waste Incinerator. 0 23,981
Army Fort Detrick Medical Incinerator....... 0 23,981
Army Fort Detrick USAMRMC Headquarters...... 0 94,000
Army Fort Meade Barracks.................. 81,000 81,000
Mississippi
Army Engineer Research and Communications Center..... 0 17,000
Development Center
Army Engineer Research and Rtd&e (Risk Lab).......... 0 32,000
Development Center
New Jersey
Army Picatinny Arsenal Igloo Storage, 0 1,800
Installation.
New Mexico
Army White Sands Missile Missile Assembly Support 0 14,200
Range Facility.
Army White Sands Missile Missile Assembly Building. 0 29,000
Range
New York
Army Fort Hamilton Information Systems 26,000 26,000
Facility.
Army Watervliet Arsenal Access Control Point...... 20,000 20,000
Pennsylvania
Army Letterkenny Army Depot Fire Station.............. 21,000 21,000
South Carolina
Army Fort Jackson Reception Barracks 34,000 34,000
Complex, Ph2, Inc. 2.
Army Fort Jackson Reception Barracks, Ph1... 0 21,000
Texas
Army Fort Hood Barracks.................. 0 61,000
Army Fort Hood Barracks.................. 0 29,200
Virginia
Army Joint Base Langley- AIT Barracks Complex, Ph4. 0 16,000
Eustis
Worldwide Classified
Army Classified Location Forward Operating Site.... 31,000 31,000
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support....... 27,000 27,000
Locations
Army Unspecified Worldwide Minor Construction........ 35,543 35,543
Locations
Army Unspecified Worldwide Planning and Design....... 124,649 134,649
Locations
........................
Military Construction, Army Total 834,692 1,491,854
......................
Arizona
Navy Marine Corps Air Bachelor Enlisted Quarters 0 99,600
Station Yuma
California
Navy Air Ground Combat Wastewater Treatment 0 45,000
Center Twentynine Facility.
Palms
Navy Camp Pendleton I MEF Consolidated 19,869 19,869
Information Center Inc..
Navy Naval Air Station F-35C Hangar 6 Phase 2 75,070 50,000
Lemoore (Mod 3/4) Inc..
Navy Naval Information Reconfigurable Cyber 0 49,970
Warfare Center Laboratory.
Pacific
Navy Naval Weapons Station Missile Magazines Inc..... 10,840 10,840
Seal Beach
Navy Naval Base San Diego Pier 6 Replacement Inc.... 50,000 50,000
Navy San Nicholas Island Directed Energy Weapons 19,907 19,907
Test Facilities.
District of Columbia
Navy Naval Research Electromagnetic & Cyber 0 95,271
Laboratory Countermeasures
Laboratory.
Navy Naval Research Biomolecular Science & 0 58,940
Laboratory Synthetic Biology
Laboratory.
Florida
Navy Naval Air Station Planning and Design for 0 7,000
Jacksonville Lighterage and Small
Craft.
Navy Naval Surface Warfare Unmanned Vehicle Littoral 0 30,960
Center Panama City Combat Space.
Division
Navy Naval Surface Warfare Mine Warfare RDT&E 0 52,860
Center Panama City Facility.
Division
Navy Naval Undersea Warfare AUTEC Pier Facility 1902.. 0 37,980
Center Newport
Division
Navy Naval Undersea Warfare Array Calibration Facility 0 6,530
Center Newport
Division
Greece
Navy Naval Support Activity EDI: Joint Mobility 41,650 0
Souda Bay Processing Center.
Guam
Navy Andersen Air Force Aviation Admin Building... 50,890 50,890
Base
Navy Joint Region Marianas 4th Marines Regiment 109,507 80,000
Facilities.
Navy Joint Region Marianas Bachelor Enlisted Quarters 43,200 43,200
H Inc..
Navy Joint Region Marianas Combat Logistics Batallion- 92,710 92,710
4 Facility.
Navy Joint Region Marianas Consolidated Armory....... 43,470 43,470
Navy Joint Region Marianas Infantry Battalion Company 44,100 44,100
HQ.
Navy Joint Region Marianas Joint Communication 84,000 84,000
Upgrade Inc..
Navy Joint Region Marianas Marine Expeditionary 66,830 66,830
Brigade Enablers.
Navy Joint Region Marianas Principal End Item (PEI) 47,110 47,110
Warehouse.
Navy Joint Region Marianas X-Ray Wharf Berth 2....... 103,800 51,900
Hawaii
Navy Marine Corps Base Bachelor Enlisted 0 101,200
Kaneohe Quarters, Ph 2.
Idaho
Navy Naval Surface Warfare ARD Rangecraft Birthing 0 6,140
Center Carderock Facility.
Dvision
Indiana
Navy Naval Surface Warfare Strategic Systems 0 27,350
Center Crane Division Engineering & Hardware
Assurance Center.
Navy Naval Surface Warfare Corporate Operations and 0 22,910
Center Crane Division Training Center.
Navy Naval Surface Warfare Anti-Ship Missile Defense 0 36,660
Center Crane Division Life Cycle Integration
and Test Center.
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3) 15,292 15,292
Yokosuka Inc..
Navy Fleet Activities Ship Handling & Combat 49,900 49,900
Yokosuka Training Facilities.
Maine
Navy Portsmouth Naval Multi-Mission Drydock #1 250,000 250,000
Shipyard Extension Inc..
Maryland
Navy Naval Air Station Planning and Design for 0 1,500
Patuxent River Aircraft Prototyping
Facility, Ph 3.
Navy Naval Air Warfare Aircraft Prototyping 0 40,920
Center Aircraft Facility, Ph 3.
Division
Navy Naval Air Warfare Rotary Wing T&E Hangar 0 80,270
Center Aircraft Replacement.
Division
Navy Naval Surface Warfare Ship Systems Design & 0 22,090
Center Carderock Integration Facility.
Dvision
Navy Naval Surface Warfare Planning and Design for 0 1,500
Center Indian Head Contained Burn Facility.
Navy Naval Surface Warfare Energetic Systems and 0 25,210
Center Indian Head Technology Laboratory
Complex, Ph 2.
Navy Naval Surface Warfare Contained Burn Facility... 0 14,980
Center Indian Head
Navy Naval Surface Warfare Energetic Chemical Scale- 0 29,130
Center Indian Head up.
Navy Naval Surface Warfare Energetics Prototyping 0 36,230
Center Indian Head Facility.
Navy Naval Surface Warfare Energetic Systems and 0 26,480
Center Indian Head Technology Laboratory
Complex, Ph 3.
Nevada
Navy Naval Air Station Training Range Land 48,250 48,250
Fallon Acquisition--Ph 2.
North Carolina
Navy Camp Lejeune, North II MEF Operations Center 42,200 42,200
Carolina Replacement Inc..
Navy Cherry Point Marine Aircraft Maintenance 207,897 60,000
Corps Air Station Hangar.
Navy Cherry Point Marine F-35 Flightline Utilities 113,520 30,000
Corps Air Station Modernization Ph 2.
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 77,290
Center Philadelphia Development Center.
Division
Navy Naval Surface Warfare Machinery Integration Lab, 0 34,010
Center Philadelphia Ph 1.
Division
Navy Naval Surface Warfare Power & Energy Tech 0 48,740
Center Philadelphia Systems Integration Lab.
Division
Poland
Navy Redzikowo AEGIS Ashore Barracks 0 3,000
Planning and Design.
Rhode Island
Navy Naval Undersea Warfare Next Generation Secure 0 40,760
Center Newport Submarine Platform
Division Facility.
Navy Naval Undersea Warfare Next Generation Torpedo 0 12,870
Center Newport Integarion Lab.
Division
Navy Naval Undersea Warfare Submarine Payloads 0 14,430
Center Newport Integration Facility.
Division
Navy Naval Undersea Warfare Consolidation RDT&E 0 17,290
Center Newport Systems Facility.
Division
Texas
Navy Naval Air Station Planning and Design for 0 2,500
Kingsville Fire Rescue Safety Center.
Virginia
Navy Naval Station Norfolk Submarine Pier 3 Inc...... 88,923 88,923
Navy Naval Surface Warfare Navy Combatant Craft 0 17,210
Center Carderock Laboratory.
Dvision
Navy Naval Surface Warfare Cyber Threat & Weapon 0 60,560
Center Dahlgren Systems Engineering
Division Complex.
Navy Naval Surface Warfare High Powered Electric 0 38,110
Center Dahlgren Weapons Laboratory.
Division
Navy Nofolk Naval Shipyard Dry Dock Saltwater System 156,380 30,000
for CVN-78.
Navy Marine Corps Base Vehicle Inspection and 42,850 42,850
Quantico Visitor Control Center.
Navy Marine Corps Base Wargaming Center Inc...... 30,500 30,500
Quantico
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design....... 363,252 363,252
Locations
Navy Unspecified Worldwide Shipyard Investment 0 225,000
Locations Optimization Program.
Navy Unspecified Worldwide Shipyard Investment 0 62,820
Locations Optimization Program--
Planning and Design.
Navy Unspecified Worldwide Unspecified Minor 56,435 56,435
Locations Construction.
........................
Military Construction, Navy Total 2,368,352 3,473,699
......................
Alaska
AF Joint Base Elmendorf- Extend Runway 16/34, Inc. 79,000 79,000
Richardson 1.
Arizona
AF Davis-Monthan Air South Wilmot Gate......... 13,400 13,400
Force Base
AF Luke Air Force Base F-35A ADAL AMU Facility 28,000 28,000
Squadron #6.
AF Luke Air Force Base F-35A Squadron Operations 21,000 21,000
Facility #6.
Australia
AF Royal Australian Air Squadron Operations 7,400 7,400
Force Base Darwin Facility.
AF Royal Australian Air Aircraft Maintenance 6,200 6,200
Force Base Tindal Support Facility.
AF Royal Australian Air Squadron Operations 8,200 8,200
Force Base Tindal Facility.
California
AF Edwards Air Force Base Flight Test Engineering 4,000 4,000
Lab Complex.
AF Edwards Air Force Base Upgrade Munitions Complex. 0 28,000
AF Edwards Air Force Base Rocket Engineering, 0 75,000
Analysis, and
Collaboration HUB (REACH).
AF Vandenberg Air Force GBSD Re-Entry Vehicle 48,000 48,000
Base Facility.
AF Vandenberg Air Force GBSD Stage Processing 19,000 19,000
Base Facility.
Colorado
AF Schriever Air Force ADAL Fitness Center....... 0 30,000
Base
AF United States Air Add High Bay Vehicle 0 4,360
Force Academy Maintenance.
District of Columbia
AF Joint Base Anacostia Joint Air Defense 24,000 24,000
Bolling Operations Center Ph 2.
Florida
AF Eglin Air Force Base Weapons Technology 0 100,000
Integration Center.
AF Eglin Air Force Base HC-Blackfyre Facilities... 0 91,000
AF Eglin Air Force Base JADC2 & Abms Test Facility 0 21,000
AF Eglin Air Force Base F-35A Development/ 0 39,000
Operational Test 2-Bay
Hangar.
AF Eglin Air Force Base Integrated Control 0 73,000
Facility.
AF Eglin Air Force Base F-35A Development Test 2- 0 35,000
Bay MX Hangar.
Germany
AF Spangdahlem Air Base F/A-22 LO/Composite Repair 22,625 22,625
Facility.
Guam
AF Joint Region Marianas Airfield Damage Repair 30,000 30,000
Warehouse.
AF Joint Region Marianas Hayman Munitions Storage 9,824 9,824
Igloos, MSA2.
AF Joint Region Marianas Munitions Storage Igloos 55,000 55,000
IV.
Hawaii
AF Maui Experimental Site Secure Integration Support 0 88,000
#3 Lab W/ Land Acquisition.
Hungary
AF Kecskemet Air Base ERI: Construct Airfield 20,564 20,564
Upgrades.
AF Kecskemet Air Base ERI: Construct Parallel 38,650 38,650
Taxiway.
Japan
AF Kadena Air Base Airfield Damage Repair 38,000 38,000
Storage Facility.
AF Kadena Air Base Helicopter Rescue OPS 168,000 83,800
Maintenance Hangar.
AF Kadena Air Base Replace Munitions 26,100 26,100
Structures.
AF Misawa Air Base Airfield Damage Repair 25,000 25,000
Facility.
AF Yokota Air Base C-130J Corrosion Control 67,000 67,000
Hangar.
AF Yokota Air Base Construct CATM Facility... 25,000 25,000
Louisiana
AF Barksdale Air Force Weapons Generation 40,000 40,000
Base Facility, Inc. 1.
AF Barksdale Air Force New Entrance Road and Gate 0 36,000
Base Complex.
Maryland
AF Joint Base Andrews Fire Crash Rescue Station. 26,000 26,000
AF Joint Base Andrews Military Working Dog 0 7,800
Kennel.
Massachusetts
AF Hanscom Air Force Base NC3 Acquisitions 66,000 66,000
Management Facility.
Nebraska
AF Offutt Air Force Base Replace Trestle F312...... 0 5,000
New Mexico
AF Holloman Air Force RAMS Indoor Target Flip 0 26,000
Base Facility.
AF Holloman Air Force Holloman High Speed Test 0 100,000
Base Track Recapitalization.
AF Holloman Air Force ADAL Fabrication Shop..... 0 10,600
Base
AF Kirtland Air Force High Power Electromagnetic 0 58,000
Base (HPEM) Laboratory.
AF Kirtland Air Force Laser Effects & Simulation 0 58,000
Base Laboratory.
AF Kirtland Air Force ADAL Systems & Engineering 0 22,000
Base Lab.
New Jersey
AF Joint Base McGuire-Dix- SFS OPS Confinement 0 4,500
Lakehurst Facility.
Ohio
AF Wright-Patterson Air Child Development Center.. 0 24,000
Force Base
AF Wright-Patterson Air Human Performance Wing 0 40,000
Force Base Laboratory.
AF Wright-Patterson Air Bionatronics Research 0 100,000
Force Base Center Laboratory.
Oklahoma
AF Tinker Air Force Base KC-46A 3-Bay Depot 160,000 60,000
Maintenance Hangar.
South Carolina
AF Joint Base Charleston Fire and Rescue Station... 0 30,000
South Dakota
AF Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 50,000
Base Facility, Inc. 2.
AF Ellsworth Air Force B-21 ADAL Flight Simulator 24,000 24,000
Base
AF Ellsworth Air Force B-21 Field Training 47,000 47,000
Base Detachment Facility.
AF Ellsworth Air Force B-21 Formal Training Unit/ 70,000 70,000
Base AMU.
AF Ellsworth Air Force B-21 Mission Operations 36,000 36,000
Base Planning Facility.
AF Ellsworth Air Force B-21 Washrack & 65,000 65,000
Base Maintenance Hangar.
Spain
AF Moron Air Base EDI-Hot Cargo Pad......... 8,542 8,542
Tennessee
AF Arnold Air Force Base Cooling Water Expansion, 0 15,500
Rowland Creek 20009.
AF Arnold Air Force Base Add/Alter Test Cell 0 14,600
Delivery Bay.
AF Arnold Air Force Base Primary Pumping Station 0 90,518
Upgrades.
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 7... 141,000 40,000
AF Joint Base San Antonio BMT Recruit Dormitory 8, 31,000 31,000
Inc. 3.
AF Joint Base San Child Development Center.. 0 29,000
Antonio--Fort Sam
Houston
AF Joint Base San Directed Energy Research 0 113,000
Antonio--Fort Sam Center.
Houston
AF Joint Base San Child Development Center.. 0 22,000
Antonio--Lackland Air
Force Base
AF Sheppard Air Force Child Development Center.. 20,000 20,000
Base
United Kingdom
AF Royal Air Force EDI: Construct DABS-FEV 94,000 94,000
Fairford Storage.
AF Royal Air Force F-35A Child Development 0 24,000
Lakenheath Center.
AF Royal Air Force F-35A Munition Inspection 31,000 31,000
Lakenheath Facility.
AF Royal Air Force F-35A Weapons Load 49,000 49,000
Lakenheath Training Facility.
Utah
AF Hill Air Force Base GBSD Organic Software 31,000 31,000
Sustain Ctr, Inc. 2.
Virginia
AF Joint Base Langley- Fuel Systems Maintenance 0 24,000
Eustis Dock.
Worldwide Unspecified
AF Various Worldwide EDI: Planning & Design.... 648 25,648
Locations
AF Various Worldwide PDI: Planning & Design.... 27,200 52,200
Locations
AF Various Worldwide Planning & Design......... 201,453 161,453
Locations
AF Various Worldwide Planning & Design for 0 20,000
Locations Dormitories and Barracks.
AF Various Worldwide Intelligence, 0 20,000
Locations Surveillance, and
Reconnaissance
Infrastructure Planning
and Design.
AF Various Worldwide Unspecified Minor Military 58,884 58,884
Locations Construction.
........................
Military Construction, Air Force Total 2,102,690 3,265,368
......................
Alabama
Def-Wide Fort Rucker 10 MW RICE Generator Plant 24,000 24,000
and Microgrid Controls.
Belgium
Def-Wide Chievres Air Force Europe West District 15,000 15,000
Base Superintendent's Office.
California
Def-Wide Camp Pendleton Veterinary Treatment 13,600 13,600
Facility Replacement.
Def-Wide Naval Amphibious Base SOF ATC Operations Support 21,700 21,700
Coronado Facility.
Def-Wide Naval Amphibious Base SOF NSWG11 Operations 12,000 12,000
Coronado Support Facility.
Def-Wide Marine Corps Air Additional LFG Power Meter 4,054 4,054
Station Miramar Station.
Def-Wide Naval Air Weapons Solar Energy Storage 9,120 9,120
Station China Lake System.
Def-Wide Naval Amphibious Base SOF Training Command...... 0 20,500
Coronado
Colorado
Def-Wide Buckley Air Force Base JCC Expansion............. 20,000 20,000
District of Columbia
Def-Wide Joint Base Anacostia- DIA HQ Cooling Towers and 0 2,257
Bolling Cond Pumps.
Def-Wide Joint Base Anacostia- PV Carports............... 0 29,004
Bolling
Florida
Def-Wide MacDill Air Force Base Transmission and Switching 22,000 22,000
Stations.
Georgia
Def-Wide Fort Benning 4.8 MW Generation and 17,593 17,593
Microgrid.
Def-Wide Fort Benning SOF Battalion Headquarters 62,000 62,000
Facility.
Def-Wide Fort Stewart 10 MW Generation Plant, 22,000 22,000
With Microgrid Controls.
Def-Wide Kings Bay Naval Electrical Transmission 19,314 19,314
Submarine Base and Distribution.
Germany
Def-Wide Ramstein Air Base Ramstein Middle School.... 93,000 93,000
Guam
Def-Wide Naval Base Guam Inner Apra Harbor 38,300 38,300
Resiliency Upgrades Ph1.
Hawaii
Def-Wide Joint Base Pearl Veterinary Treatment 29,800 29,800
Harbor-Hickam Facility Replacement.
Idaho
Def-Wide Mountain Home Air Water Treatment Plant and 33,800 33,800
Force Base Pump Station.
Japan
Def-Wide Iwakuni Fuel Pier................. 57,700 57,700
Def-Wide Kadena Air Base Operations Support 24,000 24,000
Facility.
Def-Wide Kadena Air Base Truck Unload Facilities... 22,300 22,300
Def-Wide Misawa Air Base Additive Injection Pump 6,000 6,000
and Storage Sys.
Def-Wide Naval Air Facility Smart Grid for Utility and 3,810 3,810
Atsugi Facility Controls.
Def-Wide Yokota Air Base Hangar/AMU................ 108,253 53,000
Kuwait
Def-Wide Camp Arifjan Microgrid Controller, 1.25 15,000 15,000
MW Solar PV, and 1.5 MWH
Battery.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition / 153,233 153,233
Hospital Alteration, Inc. 5.
Def-Wide Fort Meade NSAW Mission OPS and 94,000 94,000
Records Center Inc. 1.
Def-Wide Fort Meade NSAW Recap Building 4, 104,100 104,100
Inc. 1.
Def-Wide Fort Meade SOF Operations Facility... 100,000 100,000
Michigan
Def-Wide Camp Grayling 650 KW Gas-Fired Micro- 5,700 5,700
Turbine Generation System.
Mississippi
Def-Wide Camp Shelby 10 MW Generation Plant an 0 34,500
Feeder Level Microgrid
System.
Def-Wide Camp Shelby Electrical Distribution 0 11,155
Infrastructure
Undergrounding Hardening
Project.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 160,000 160,000
4.
New Mexico
Def-Wide Kirtland Air Force Environmental Health 8,600 8,600
Base Facility Replacement.
New York
Def-Wide Fort Drum Wellfield Expansion 0 27,000
Resiliency Project.
North Carolina
Def-Wide Fort Bragg 10 MW Microgrid Utilizing 19,464 19,464
Existing and New
Generators.
Def-Wide Fort Bragg Fort Bragg Emergency Water 0 7,705
System.
North Dakota
Def-Wide Cavalier Air Force Pcars Emergency Power 0 24,150
Station Plant Fuel Storage.
Ohio
Def-Wide Springfield-Beckley Base-Wide Microgrid With 4,700 4,700
Municipal Airport Natural Gas Generator,
Photovaltaic, and Battery
Storage.
Puerto Rico
Def-Wide Fort Allen Microgrid Conrol System, 0 12,190
690 KW PV, 275 KW Gen,
570 Kwh Bess.
Def-Wide Punta Borinquen Ramey Unit School 84,000 84,000
Replacement.
Def-Wide Ramey Unit School Microgrid Conrol System, 0 10,120
460 KW PV, 275 KW
Generator, 660 Kwh Bess.
Tennessee
Def-Wide Memphis International PV Arrays and Battery 4,780 4,780
Airport Storage.
Texas
Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 35,000 35,000
4.
United Kingdom
Def-Wide Menwith Hill Station Rafmh Main Gate 20,000 20,000
Rehabilitation.
Def-Wide Royal Air Force Hospital Replacement- 19,283 19,283
Lakenheath Temporary Facilities.
Virginia
Def-Wide Fort Belvoir Veterinary Treatment 29,800 29,800
Facility Replacement.
Def-Wide National Geospatial North Campus East 0 5,299
Intelligence Agency Electrical System
Springfield Redundancy.
Def-Wide Pentagon Consolidated Maintenance 20,000 20,000
Complex (RRMC).
Def-Wide Pentagon Force Protection Perimeter 8,608 8,608
Enhancements.
Def-Wide Pentagon Public Works Support 21,935 21,935
Facility.
Def-Wide Various Locations Led Upgrade Package....... 365 365
Def-Wide Various Locations Recommisioning of Hvac 2,600 2,600
Systems, Part B.
Washington
Def-Wide Oak Harbor ACC / Dental Clinic (Oak 59,000 59,000
Harbor).
Worldwide Unspecified
Def-Wide Unspecified Worldwide DIA Planning and Design... 11,000 11,000
Locations
Def-Wide Unspecified Worldwide DODEA Planning and Design. 13,317 13,317
Locations
Def-Wide Unspecified Worldwide DODEA Unspecified Minor 8,000 8,000
Locations Construction.
Def-Wide Unspecified Worldwide ERCIP Design.............. 40,150 40,150
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 5,615 5,615
Locations Construction.
Def-Wide Unspecified Worldwide INDOPACOM--Planning and 0 68,200
Locations Design.
Def-Wide Unspecified Worldwide MDA Unspecified Minor 4,435 4,435
Locations Construction.
Def-Wide Unspecified Worldwide NSA Planning and Design... 83,840 83,840
Locations
Def-Wide Unspecified Worldwide NSA Unspecified Minor 12,000 12,000
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design....... 14,194 14,194
Locations
Def-Wide Unspecified Worldwide SOCOM Unspecified Minor 21,746 21,746
Locations Construction.
Def-Wide Unspecified Worldwide TJS Planning and Design... 2,000 2,000
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide WHS Planning and Design... 5,275 5,275
Locations
Def-Wide Various Worldwide DHA Planning and Design... 35,099 35,099
Locations
Def-Wide Various Worldwide DLA Planning and Design... 20,862 20,862
Locations
Def-Wide Various Worldwide DLA Unspecified Minor 6,668 6,668
Locations Construction.
Def-Wide Various Worldwide SOCOM Planning and Design. 20,576 20,576
Locations
........................
Military Construction, Defense-Wide Total 1,957,289 2,154,116
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 205,853 205,853
Investment Program Program.
........................
NATO Security Investment Program Total 205,853 205,853
......................
Alaska
Army NG Joint Base Elmendorf- Planning and Design for 0 5,000
Richardson National Guard Readiness
Center.
California
Army NG Beale Air Force Base 940 ARW SQ OPS & AMU 0 33,000
Complex.
Connecticut
Army NG Putnam National Guard Readiness 17,500 17,500
Center.
Georgia
Army NG Fort Benning Post-Initial Mil. Training 13,200 13,200
Unaccomp. Housing.
Guam
Army NG Barrigada National Guard Readiness 34,000 34,000
Center Addition.
Idaho
Army NG Jerome National Guard Readiness 15,000 15,000
Center.
Illinois
Army NG Bloomington National Guard Vehicle 15,000 15,000
Maintenance Shop.
Kansas
Army NG Topeka National Guard/Reserve 16,732 16,732
Center Building.
Louisiana
Army NG Camp Minden Collective Training 0 13,800
Unaccompanied Housing.
Army NG Lake Charles National Guard Readiness 18,500 18,500
Center.
Maine
Army NG Saco National Guard Vehicle 21,200 21,200
Maintenance Shop.
Michigan
Army NG Camp Grayling National Guard Readiness 0 16,000
Center.
Mississippi
Army NG Camp Shelby Maneuver Area Training 0 15,500
Equipment Site.
Montana
Army NG Butte National Guard Readiness 16,000 16,000
Center.
Nebraska
Army NG Camp Ashland Collective Training 0 11,000
Unaccompanied Housing.
North Dakota
Army NG Dickinson National Guard Readiness 15,500 15,500
Center.
South Carolina
Army NG Mcentire Joint Hazardous Cargo Pad....... 0 9,000
National Guard Base
Virginia
Army NG Troutville Combined Support 6,900 6,900
Maintenance Shop Addition.
Army NG Troutville National Guard Readiness 6,100 6,100
Center Addition.
Army NG Virginia Army National Aircraft Maintenance 0 5,805
Guard Sandston Hangar.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design....... 22,000 28,000
Locations
Army NG Unspecified Worldwide Unspecified Minor 39,471 39,471
Locations Construction.
........................
Military Construction, Army National Guard Total 257,103 372,208
......................
Michigan
Army Res Southfield Area Maintenance Support 12,000 12,000
Activity.
Ohio
Army Res Wright-Patterson Air AR Center Training 19,000 19,000
Force Base Building/ UHS.
Wisconsin
Army Res Fort McCoy Transient Training BN HQ.. 12,200 12,200
Army Res Fort McCoy Transient Training 0 29,200
Enlisted Barracks.
Army Res Fort McCoy Transient Training 0 29,200
Enlisted Barracks.
Army Res Fort McCoy Transient Training 0 24,000
Enlisted Barracks.
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 7,167 7,167
Locations
Army Res Unspecified Worldwide Unspecified Minor 14,544 14,544
Locations Construction.
........................
Military Construction, Army Reserve Total 64,911 147,311
......................
Michigan
N/MC Res Battle Creek Reserve Center & Vehicle 49,090 49,090
Maintenance Facility.
Minnesota
N/MC Res Minneapolis Joint Reserve Intelligence 14,350 14,350
Center.
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Planning & Design.... 1,257 1,257
Locations
N/MC Res Unspecified Worldwide MCNR Unspecified Minor 2,359 1,359
Locations Construction.
N/MC Res Unspecified Worldwide USMCR Planning and Design. 4,748 4,748
Locations
........................
Military Construction, Naval Reserve Total 71,804 70,804
......................
Deleware
Air NG Newcastle Air National Replace Fuel Cell/ 0 17,500
Guard Base Corrosion Control Hangar.
Idaho
Air NG Boise Air National Medical Training Facility. 0 6,500
Guard Base
Illinois
Air NG Abraham Capital Civil Engineering Facility 0 10,200
Airport
Massachusetts
Air NG Barnes Air National Combined Engine/ASE/NDI 12,200 12,200
Guard Shop.
Michigan
Air NG Alpena County Regional Aircraft Maintenance 23,000 23,000
Airport Hangar/Shops.
Air NG W. K. Kellog Regional Construct Main Base 10,000 10,000
Airport Entrance.
Mississippi
Air NG Jackson International Fire Crash and Rescue 9,300 9,300
Airport Station.
New York
Air NG Schenectady Municipal C-130 Flight Simulator 10,800 10,800
Airport Facility.
Ohio
Air NG Camp Perry Red Horse Logistics 7,800 7,800
Complex.
South Carolina
Air NG Mcentire Joint F-16 Mission Training 9,800 9,800
National Guard Base Center.
South Dakota
Air NG Joe Foss Field F-16 Mission Training 9,800 9,800
Center.
Wisconsin
Air NG Truax Field F-35 3-Bay Specialized 31,000 31,000
Hangar.
Air NG Truax Field Medical Readiness Facility 13,200 13,200
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 29,068 29,068
Locations Construction.
Air NG Various Worldwide Planning and Design....... 18,402 34,402
Locations
Wyoming
Air NG Cheyenne Municipal Combined Vehicle 13,400 13,400
Airport Maintenance & ASE Complex.
........................
Military Construction, Air National Guard Total 197,770 247,970
......................
Florida
AF Res Homestead Air Force Corrosion Control Facility 14,000 14,000
Reserve Base
AF Res Patrick Air Force Base Simulator C-130J.......... 18,500 18,500
Minnesota
AF Res Minneapolis-St Paul Mission Support Group 14,000 14,000
International Airport Facility.
New York
AF Res Niagara Falls Air Main Gate................. 10,600 10,600
Reserve Station
Ohio
AF Res Youngstown Air Reserve Assault Strip Widening.... 0 8,700
Station
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design......... 5,830 5,830
Locations
AF Res Unspecified Worldwide Unspecified Minor Military 15,444 15,444
Locations Construction.
........................
Military Construction, Air Force Reserve Total 78,374 87,074
......................
Italy
FH Con Army Vicenza Family Housing New 92,304 92,304
Construction.
Kwajalein Atoll
FH Con Army Kwajalein Atoll Family Housing Replacement 0 10,000
Construction.
Pennsylvania
FH Con Army Tobyhanna Army Depot Family Housing Replacement 0 7,500
Construction.
Puerto Rico
FH Con Army Fort Buchanan Family Housing Replacement 0 14,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D...... 7,545 22,545
Locations
........................
Family Housing Construction, Army Total 99,849 146,349
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings............... 18,077 18,077
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 38,404 38,404
Locations Support.
FH Ops Army Unspecified Worldwide Leasing................... 128,110 128,110
Locations
FH Ops Army Unspecified Worldwide Maintenance............... 111,181 111,181
Locations
FH Ops Army Unspecified Worldwide Management................ 42,850 42,850
Locations
FH Ops Army Unspecified Worldwide Miscellaneous............. 556 556
Locations
FH Ops Army Unspecified Worldwide Services.................. 8,277 8,277
Locations
FH Ops Army Unspecified Worldwide Utilities................. 43,772 43,772
Locations
........................
Family Housing Operation And Maintenance, Army Total 391,227 391,227
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements. 71,884 71,884
Locations
FH Con Navy Unspecified Worldwide Planning & Design......... 3,634 3,634
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,098 2,098
Locations and Design.
........................
Family Housing Construction, Navy And Marine Corps Total 77,616 77,616
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings............... 16,537 16,537
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 54,544 54,544
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing................... 62,567 62,567
Locations
FH Ops Navy Unspecified Worldwide Maintenance............... 95,417 95,417
Locations
FH Ops Navy Unspecified Worldwide Management................ 54,083 54,083
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous............. 285 285
Locations
FH Ops Navy Unspecified Worldwide Services.................. 17,637 17,637
Locations
FH Ops Navy Unspecified Worldwide Utilities................. 56,271 56,271
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341
......................
Georgia
FH Con AF Robins Air Force Base Robins 2 MHPI Restructure. 6,000 6,000
Nebraska
FH Con AF Offutt Air Force Base Offutt MHPI Restructure... 50,000 50,000
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements. 49,258 49,258
Locations
FH Con AF Unspecified Worldwide Planning & Design......... 10,458 10,458
Locations
........................
Family Housing Construction, Air Force Total 115,716 115,716
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings............... 26,842 26,842
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 23,275 23,275
Locations
FH Ops AF Unspecified Worldwide Leasing................... 9,520 9,520
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 141,754 141,754
Locations
FH Ops AF Unspecified Worldwide Management................ 70,062 70,062
Locations
FH Ops AF Unspecified Worldwide Miscellaneous............. 2,200 2,200
Locations
FH Ops AF Unspecified Worldwide Services.................. 8,124 8,124
Locations
FH Ops AF Unspecified Worldwide Utilities................. 43,668 43,668
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 325,445 325,445
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide DIA Furnishings........... 656 656
Locations
FH Ops DW Unspecified Worldwide DIA Leasing............... 31,430 31,430
Locations
FH Ops DW Unspecified Worldwide DIA Utilities............. 4,166 4,166
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 49 49
Locations
FH Ops DW Unspecified Worldwide NSA Furnishings........... 83 83
Locations
FH Ops DW Unspecified Worldwide NSA Leasing............... 13,387 13,387
Locations
FH Ops DW Unspecified Worldwide NSA Utilities............. 14 14
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,081 6,081
Locations FHIF.
........................
Unaccompanied Housing Improvement Fund Total 6,081 6,081
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 65,301 115,301
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 65,301 115,301
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure 111,155 161,155
Locations
........................
Base Realignment and Closure--Navy Total 111,155 161,155
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DOD BRAC Activities--Air 104,216 154,216
Locations Force.
........................
Base Realignment and Closure--Air Force Total 104,216 154,216
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Int-4: DLA Activities..... 3,967 3,967
Locations
........................
Base Realignment and Closure--Defense-wide Total 3,967 3,967
......................
Total, Military Construction 9,847,031 13,420,950
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 149,800 149,800
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 15,484,295 15,944,295
Defense nuclear nonproliferation.... 1,934,000 1,994,500
Naval reactors...................... 1,860,705 1,860,705
Federal salaries and expenses....... 464,000 464,000
Total, National Nuclear Security 19,743,000 20,263,500
Administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 6,841,670 6,848,170
Other defense activities............ 1,170,000 920,000
Total, Environmental & other defense 8,011,670 7,768,170
activities...............................
Total, Atomic Energy Defense Activities... 27,754,670 28,031,670
Total, Discretionary Funding.............. 27,904,470 28,181,470
Nuclear Energy
Idaho sitewide safeguards and security.... 149,800 149,800
Total, Nuclear Energy..................... 149,800 149,800
Stockpile Management
Stockpile Major Modernization
B61-12 Life extension program......... 771,664 771,664
W88 Alteration Program................ 207,157 207,157
W80-4 Life extension program.......... 1,080,400 1,080,400
W80-4 ALT SLCM........................ 10,000 10,000
W87-1 Modification Program............ 691,031 691,031
W93 Program........................... 72,000 72,000
Total, Stockpile Major Modernization...... 2,832,252 2,832,252
Stockpile services
Production Operations............... 568,941 568,941
Stockpile Sustainment............... 1,180,483 1,128,483
No funds for B83 service life [-52,000]
extension........................
Weapons Dismantlement and 51,000 51,000
Disposition........................
Subtotal, Stockpile Services.............. 1,800,424 1,748,424
Total, Stockpile Management............... 4,632,676 4,580,676
Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations... 660,419 660,419
21-D-512 Plutonium Pit Production 350,000 350,000
Project, LANL....................
Subtotal, Los Alamos Plutonium 1,010,419 1,010,419
Modernization............................
Savannah River Plutonium
Modernization
Savannah River Plutonium 128,000 128,000
Operations.......................
21-D-511 Savannah River Plutonium 475,000 475,000
Processing Facility, SRS.........
Subtotal, Savannah River Plutonium 603,000 603,000
Modernization............................
Enterprise Plutonium Support........ 107,098 107,098
Total, Plutonium Modernization............ 1,720,517 1,720,517
High Explosives and Energetics........ 68,785 68,785
Total, Primary Capability Modernization... 1,789,302 1,789,302
Secondary Capability Modernization...... 488,097 488,097
Tritium and Domestic Uranium Enrichment. 489,017 489,017
Non-Nuclear Capability Modernization.... 144,563 144,563
Total, Production Modernization........... 2,910,979 2,910,979
Stockpile Research, Technology, and
Engineering
Assessment Science...................... 689,578 689,578
Engineering and Integrated Assessments.. 336,766 351,766
Program increase for plutonium aging [15,000]
assessments..........................
Inertial Confinement Fusion............. 529,000 600,000
Program Increase...................... [71,000]
Advanced Simulation and Computing....... 747,012 747,012
Weapon Technology and Manufacturing 292,630 292,630
Maturation.............................
Academic Programs....................... 85,645 85,645
Total, Stockpile Research, Technology, and 2,680,631 2,766,631
Engineering..............................
Infrastructure and Operations
Operations of facilities................ 1,014,000 1,014,000
Safety and environmental operations..... 165,354 165,354
Maintenance and repair of facilities.... 670,000 1,020,000
Program increase...................... [350,000]
Recapitalization:
Infrastructure and safety............. 508,664 508,664
Capability based investments.......... 143,066 143,066
Total, Recapitalization................... 651,730 651,730
Construction:
22-D-513 Power Sources Capability, SNL 13,827 13,827
21-D-510, HE Synthesis, Formulation, 44,500 44,500
and Production Facility, PX..........
18-D-690, Lithium Processing Facility, 171,902 171,902
Y-12.................................
18-D-650, Tritium Finishing Facility, 27,000 27,000
SRS..................................
17-D-640, U1a Complex Enhancements 135,000 135,000
Project, NNSS........................
15-D-302, TA-55 Reinvestment Project-- 27,000 27,000
Phase 3, LANL........................
06-D-141, Uranium Processing Facility, 524,000 600,000
Y-12.................................
Program increase.................... [76,000]
04-D-125, Chemistry and Metallurgy 138,123 138,123
Research Replacement Project, LANL...
22-D-514 Digital Infrastructure 8,000 8,000
Capability Expansion.................
Total, Construction....................... 1,089,352 1,165,352
Total, Infrastructure and operations...... 3,590,436 4,016,436
Secure transportation asset
Operations and equipment................ 213,704 213,704
Program direction....................... 123,060 123,060
Total, Secure transportation asset........ 336,764 336,764
Defense Nuclear Security
Construction:........................... 824,623 824,623
17-D-710 West end protected area 23,000 23,000
reduction project, Y-12..............
Total, Defense nuclear security........... 847,623 847,623
Information technology and cybersecurity.. 406,530 406,530
Legacy contractor pensions................ 78,656 78,656
Total, Weapons Activities................. 15,484,295 15,944,295
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security........ 79,939 79,939
Domestic radiological security........ 158,002 158,002
International radiological security... 85,000 85,000
Nuclear smuggling detection and 175,000 175,000
deterrence...........................
Total, Global material security........... 497,941 497,941
Material management and minimization
Conversion............................ 100,660 100,660
Nuclear material removal.............. 42,100 42,100
Material disposition.................. 200,186 200,186
Total, Material management & minimization. 342,946 342,946
Nonproliferation and arms control....... 184,795 184,795
National Technical Nuclear Forensics R&D 45,000 45,000
Defense nuclear nonproliferation R&D
Proliferation Detection............... 269,407 299,407
Nuclear verification and detection, [30,000]
next-gen technologies..............
Nuclear Detonation Detection.......... 271,000 271,000
Nonproliferation Stewardship Program.. 87,329 105,829
Program increase.................... [18,500]
Total, Defense nuclear nonproliferation 627,736 676,236
R&D......................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 156,000 149,500
Project, SRS.........................
Program decrease.................... [-6,500]
Total, Nonproliferation construction...... 156,000 149,500
Total, Defense Nuclear Nonproliferation 1,854,418 1,896,418
Programs.................................
Legacy contractor pensions................ 38,800 38,800
Nuclear counterterrorism and incident 356,185 374,685
response program.........................
Program increase........................ [18,500]
Emergency Operations...................... 14,597 14,597
Use of prior-year MOX balances............ -330,000 -330,000
Total, Defense Nuclear Nonproliferation... 1,934,000 1,994,500
Naval Reactors
Naval reactors development................ 635,684 635,684
Columbia-Class reactor systems development 55,000 55,000
S8G Prototype refueling................... 126,000 126,000
Naval reactors operations and 599,017 599,017
infrastructure...........................
Construction:
22-D-532 Security Upgrades KL........... 5,100 5,100
22-D-531 KL Chemistry & Radiological 41,620 41,620
Health Building........................
14-D-901 Spent Fuel Handling 348,705 348,705
Recapitalization Project, NRF..........
Use of prior year balances.............. -6,000 -6,000
Total, Construction....................... 389,425 389,425
Program direction......................... 55,579 55,579
Total, Naval Reactors..................... 1,860,705 1,860,705
Federal Salaries And Expenses
Program direction......................... 464,000 464,000
Total, Office Of The Administrator........ 464,000 464,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 3,987 3,987
Richland:
River corridor and other cleanup 196,000 196,000
operations.............................
Central plateau remediation............. 689,776 689,776
Richland community and regulatory 5,121 5,121
support................................
Construction:
18-D-404 Modification of Waste 8,000 8,000
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 15,200 15,200
22-D-402 L-897, 200 Area Water 12,800 12,800
Treatment Facility...................
Total, Construction....................... 36,000 36,000
Total, Hanford site....................... 926,897 926,897
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning..........................
Rad liquid tank waste stabilization and 817,642 817,642
disposition............................
Tank farm activities.................... 0
Construction:
18-D-16 Waste treatment and 586,000 586,000
immobilization plant--LBL/Direct feed
LAW..................................
01-D-16D High-Level Waste Facility.... 60,000 60,000
01-D-16E Pretreatment Facility........ 20,000 20,000
Total, Construction....................... 666,000 666,000
ORP Low-level waste offsite disposal.... 7,000 7,000
Total, Office of River Protection......... 1,540,642 1,540,642
Idaho National Laboratory:
Idaho cleanup and waste disposition..... 358,925 358,925
Idaho excess facilities R&D
Idaho community and regulatory support.. 2,658 2,658
Construction:
22-D-403 Idaho Spent Nuclear Fuel 3,000 3,000
Staging Facility...................
22-D-404 Additional ICDF Landfill 5,000 5,000
Disposal Cell and Evaporation Ponds
Project............................
Total, Construction....................... 8,000 8,000
Total, Idaho National Laboratory.......... 369,583 369,583
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory.. 1,806 1,806
LLNL Excess Facilities D&D.............. 35,000 35,000
Nuclear facility D & D
Separations Process Research Unit..... 15,000 15,000
Nevada................................ 60,737 60,737
Sandia National Laboratories.......... 4,576 4,576
Los Alamos National Laboratory........ 275,119 275,119
Los Alamos Excess Facilities D&D...... 58,381 58,381
Total, NNSA sites and Nevada off-sites.... 450,619 450,619
Oak Ridge Reservation:
OR Nuclear facility D & D............... 274,923 274,923
Total, OR Nuclear facility D & D.......... 274,923 274,923
U233 Disposition Program................ 55,000 55,000
OR cleanup and disposition.............. 73,725 73,725
Construction:
17-D-401 On-site waste disposal 12,500 12,500
facility...........................
Total, Construction....................... 12,500 12,500
Total, OR cleanup and waste disposition... 141,225 141,225
OR community & regulatory support....... 5,096 5,096
OR technology development and deployment 3,000 3,000
Total, Oak Ridge Reservation.............. 424,244 424,244
Savannah River Sites:
Savannah River risk management
operations
Nuclear Material.................... 312,760 312,760
Solid Waste Stabilization and 45,968 45,968
Disposition........................
Soil and Water Remediation.......... 55,439 55,439
Risk Reduction Deactivation and 21,000 21,000
Surveillance.......................
Infrastructure and Land Management.. 17,557 17,557
Construction:
18-D-402 Emergency Operations Center 8,999 8,999
Replacement, SR....................
Total, risk management operations......... 461,723 461,723
Savannah River Legacy Pensions.......... 130,882 130,882
SR community and regulatory support..... 5,805 12,305
Program increase...................... [6,500]
Radioactive liquid tank waste 890,865 890,865
stabilization and disposition..........
Construction:
20-D-401 Saltstone Disposal Unit 19,500 19,500
#10, 11, 12........................
19-D-701 SR Security sytem 5,000 5,000
replacement........................
18-D-402 Saltstone Disposal Unit #8/ 68,000 68,000
9..................................
Total, Construction....................... 92,500 92,500
Total, Savannah River site................ 1,581,775 1,588,275
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant............. 350,424 350,424
Construction:
15-D-411 Safety significant 55,000 55,000
confinement ventilation system, WIPP.
15-D-412 Exhaust Shaft, WIPP.......... 25,000 25,000
Total, Construction....................... 80,000 80,000
Total, Waste Isolation Pilot Plant........ 430,424 430,424
Program direction......................... 293,106 293,106
Program support........................... 62,979 62,979
Technology development.................... 25,000 25,000
Safeguards and Security................... 316,744 316,744
Federal Contribution to the Uranium 415,670 415,670
Enrichment D&D Fund......................
Total, Defense Environmental Cleanup...... 6,841,670 6,848,170
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 130,809 130,809
Program direction....................... 75,511 75,511
Total, Environment, Health, safety and 206,320 206,320
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 27,335 27,335
Program direction....................... 56,049 56,049
Total, Independent enterprise assessments. 83,384 83,384
Specialized security activities........... 283,500 283,500
Office of Legacy Management
Legacy management....................... 408,797 158,797
Rejection of proposed transfer of [-250,000]
FUSRAP...............................
Program direction....................... 19,933 19,933
Total, Office of Legacy Management........ 428,730 178,730
Defense related administrative support.... 163,710 163,710
Office of hearings and appeals............ 4,356 4,356
Subtotal, Other defense activities........ 1,170,000 920,000
Total, Other Defense Activities........... 1,170,000 920,000
------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE L--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Barry Goldwater Scholarship and
Excellence in Education Modernization Act of 2021''.
SEC. 5002. CLARIFYING AMENDMENTS TO DEFINITIONS.
Section 1403 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4702) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.''; and
(2) in paragraph (6), by inserting ``, a resident of a
State,'' after ``national of the United States''.
SEC. 5003. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
AWARDS.
(a) Award of Scholarships, Fellowships, and Research Internships.--
Section 1405(a) of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4704(a)) is amended--
(1) in the subsection heading, by striking ``Award of
Scholarships and Fellowships'' and inserting ``Award of
Scholarships, Fellowships, and Research Internships'';
(2) in paragraph (1)--
(A) by striking ``scholarships and fellowships''
and inserting ``scholarships, fellowships, and research
internships''; and
(B) by striking ``science and mathematics'' and
inserting ``the natural sciences, engineering, and
mathematics'';
(3) in paragraph (2), by striking ``mathematics and the
natural sciences'' and inserting ``the natural sciences,
engineering, and mathematics, which shall be prioritized for
students attending community colleges and minority-serving
institutions specified in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a))'';
(4) in paragraph (3), by striking ``mathematics and the
natural sciences'' and inserting ``the natural sciences,
engineering, and mathematics'';
(5) by redesignating paragraph (4) as paragraph (5);
(6) in paragraph (5), as so redesignated, by striking
``scholarships and fellowships'' and inserting ``scholarships,
fellowships, and research internships''; and
(7) by inserting after paragraph (3) the following:
``(4) Research internships shall be awarded to outstanding
undergraduate students who intend to pursue careers in the
natural sciences, engineering, and mathematics, which shall be
prioritized for students attending community colleges and
minority-serving institutions specified in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).''.
(b) Barry Goldwater Scholars and Research Interns.--Section 1405(b)
of the Barry Goldwater Scholarship and Excellence in Education Act (20
U.S.C. 4704(b)) is amended--
(1) in the subsection heading, by adding ``and Research
Interns'' after ``Scholars''; and
(2) by adding at the end the following: ``Recipients of
research internships under this title shall be known as `Barry
Goldwater Interns'.''.
SEC. 5004. STIPENDS.
Section 1406 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4705) is amended by adding at the end the
following: ``Each person awarded a research internship under this title
shall receive a stipend as may be prescribed by the Board, which shall
not exceed the maximum stipend amount awarded for a scholarship or
fellowship.''.
SEC. 5005. SCHOLARSHIP AND RESEARCH INTERNSHIP CONDITIONS.
Section 1407 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4706) is amended--
(1) in the section heading, by inserting ``and research
internship'' after ``scholarship'';
(2) in subsection (a), by striking the subsection heading
and inserting ``Scholarship Conditions'';
(3) in subsection (b), by striking the subsection heading
and inserting ``Reports on Scholarships''; and
(4) by adding at the end the following:
``(c) Research Internship Conditions.--A person awarded a research
internship under this title may receive payments authorized under this
title only during such periods as the Foundation finds that the person
is maintaining satisfactory proficiency and is not engaging in gainful
employment other than employment approved by the Foundation pursuant to
regulations of the Board.
``(d) Reports on Research Internships.--The Foundation may require
reports containing such information in such form and to be filed at
such times as the Foundation determines to be necessary from any person
awarded a research internship under this title. Such reports may be
accompanied by a certificate from an appropriate official at the
institution of higher education or internship employer, approved by the
Foundation, stating that such person is maintaining satisfactory
progress in the internship, and is not engaged in gainful employment,
except as otherwise provided in subsection (c).''.
SEC. 5006. SUSTAINABLE INVESTMENTS OF FUNDS.
Section 1408 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4707) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Investment in Securities.--Notwithstanding subsection (b),
the Secretary of the Treasury may invest up to 40 percent of any public
or private funds received by the Foundation after the date of enactment
of the Barry Goldwater Scholarship and Excellence in Education
Modernization Act of 2021 in securities other than public debt
securities of the United States, if--
``(1) the Secretary receives a determination from the Board
that such investments are necessary to enable the Foundation to
carry out the purposes of this title; and
``(2) the securities in which such funds are invested are
traded in established United States markets.
``(d) Construction.--Nothing in this section shall be construed to
limit the authority of the Board to increase the number of scholarships
provided under section 4704, or to increase the amount of the stipend
authorized by section 4705, as the Board considers appropriate and is
otherwise consistent with the requirements of this title.''.
SEC. 5007. ADMINISTRATIVE PROVISIONS.
Section 1411(a) of the Barry Goldwater Scholarship and Excellence
in Education Act (20 U.S.C. 4710(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) appoint and fix the rates of basic pay of not more
than three employees (in addition to the Executive Secretary
appointed under section 4709) to carry out the provisions of
this title, without regard to the provisions in chapter 33 of
title 5, United States Code, governing appointment in the
competitive service or the provisions of chapter 51 and
subchapter III of chapter 53 of such title, except that--
``(A) a rate of basic pay set under this paragraph
may not exceed the maximum rate provided for employees
in grade GS-15 of the General Schedule under section
5332 of title 5, United States Code; and
``(B) the employee shall be entitled to the
applicable locality-based comparability payment under
section 5304 of title 5, United States Code, subject to
the applicable limitation established under subsection
(g) of such section;'';
(2) in paragraph (2), by striking ``grade GS-18 under
section 5332 of such title'' and inserting ``level IV of the
Executive Schedule'';
(3) in paragraph (7), by striking ``and'' at the end;
(4) by redesignating paragraph (8) as paragraph (10); and
(5) by inserting after paragraph (7) the following:
``(8) expend not more than 5 percent of the Foundation's
annual operating budget on programs that, in addition to or in
conjunction with the Foundation's scholarship financial awards,
support the development of Goldwater Scholars throughout their
professional careers;
``(9) expend not more than 5 percent of the Foundation's
annual operating budget to pay the costs associated with
fundraising activities, including public and private
gatherings; and''.
TITLE LI--FINANCIAL SERVICES MATTERS
SEC. 5101. ENHANCED PROTECTION AGAINST DEBT COLLECTOR HARASSMENT OF
SERVICEMEMBERS.
(a) Communication in Connection With Debt Collection.--Section 805
of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended
by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in
section 987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated,
discharged, or released from duty described in such
section 987(i)(1), but only during the 365-day period
beginning on the date of separation, discharge, or
release; or
``(ii) a person, with respect to an individual
described in clause (i), described in subparagraph (A),
(D), (E), or (I) of section 1072(2) of title 10, United
States Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced
in rank;
``(B) threaten to have the covered member's
security clearance revoked; or
``(C) threaten to have the covered member
prosecuted under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
(b) Unfair Practices.--Section 808 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692f) is amended by adding at the end the
following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a debt
collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice).''.
SEC. 5102. COMPTROLLER GENERAL STUDY ON ENHANCED PROTECTION AGAINST
DEBT COLLECTOR HARASSMENT OF SERVICEMEMBERS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the effects of the amendments made by section 5101
on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by such section);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be affected by
uncollected debt.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Financial Services, the Committee on Armed Services, and
Committee on Transportation and Infrastructure of the House of
Representatives a report on the study required under subsection (a).
SEC. 5103. SUPPORT TO ENHANCE THE CAPACITY OF INTERNATIONAL MONETARY
FUND MEMBERS TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF
SOVEREIGN DEBT CONTRACTS.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p-262p-13) is amended by adding at the
end the following:
``SEC. 1630. SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS TO
EVALUATE THE LEGAL AND FINANCIAL TERMS OF SOVEREIGN DEBT
CONTRACTS.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use the voice
and vote of the United States to advocate that the Fund promote
international standards and best practices with respect to sovereign
debt contracts and provide technical assistance to Fund members, and in
particular to lower middle-income countries and countries eligible to
receive assistance from the International Development Association,
seeking to enhance their capacity to evaluate the legal and financial
terms of sovereign debt contracts with multilateral, bilateral, and
private sector creditors.''.
(b) Report to the Congress.--Within 1 year after the date of the
enactment of this Act, and annually thereafter for the next 4 years,
the Secretary of the Treasury shall report to the Committee on
Financial Services of the House of Representatives and the Committee on
Foreign Relations of the Senate on--
(1) the activities of the International Monetary Fund in
the then most recently completed fiscal year to provide
technical assistance described in section 1630 of the
International Financial Institutions Act, including the ability
of the Fund to meet the demand for the assistance; and
(2) the efficacy of efforts by the United States to achieve
the policy goal described in such section and any further
actions that should be taken, if necessary, to implement that
goal.
(c) Sunset.--The amendment made by subsection (a) shall have no
force or effect after the 5-year period that begins with the date of
the enactment of this Act.
SEC. 5104. ADVERSE INFORMATION IN CASES OF TRAFFICKING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B the following:
``Sec. 605C. Adverse information in cases of trafficking
``(a) In General.--A consumer reporting agency may not furnish a
consumer report containing any adverse item of information about a
consumer that resulted from a severe form of trafficking in persons or
sex trafficking if the consumer has provided trafficking documentation
to the consumer reporting agency.
``(b) Rulemaking.--
``(1) In general.--The Director shall, not later than 180
days after the date of the enactment of this section, issue a
rule to implement subsection (a).
``(2) Contents.--The rule issued pursuant to paragraph (1)
shall establish a method by which consumers shall submit
trafficking documentation to consumer reporting agencies.
``(c) Definitions.--
``(1) Trafficking documentation.--The term trafficking
documentation means--
``(A) documentation of either--
``(i) a determination by a Federal or State
government entity that a consumer is a victim
of trafficking; or
``(ii) a determination by a court of
competent jurisdiction that a consumer is a
victim of trafficking; and
``(B) documentation that identifies items of
adverse information that should not be furnished by a
consumer reporting agency because the items resulted
from the severe form of trafficking in persons or sex
trafficking of which such consumer is a victim.
``(2) Victim of trafficking.--For the purposes of this
section, the term ``victim of trafficking'' means a person who
is a victim of a severe form of trafficking in persons or sex
trafficking, as such terms are defined in section 103 of the
Trafficking Victims Protection Act of 2000.''.
(b) Table of Contents Amendment.--The table of contents of the Fair
Credit Reporting Act is amended by inserting after the item relating to
section 605B the following new item:
``605C. Adverse information in cases of trafficking.''.
(c) Effective Date.--The amendments made by this section shall
apply on the date that is 30 days after the date on which the Director
of the Bureau of Consumer Financial Protection issues a rule pursuant
to section 605C(b) of the Fair Credit Reporting Act.
SEC. 5105. UNITED STATES POLICY REGARDING INTERNATIONAL FINANCIAL
INSTITUTION ASSISTANCE WITH RESPECT TO ADVANCED WIRELESS
TECHNOLOGIES.
(a) In General.--The Secretary of the Treasury (in this section
referred to as the ``Secretary'') shall instruct the United States
Executive Director at each international financial institution (as
defined in section 1701(c)(2) of the International Financial
Institutions Act) that it is the policy of the United States to--
(1) support assistance by the institution with respect to
advanced wireless technologies (such as 5th generation wireless
technology for digital cellular networks and related
technologies) only if the technologies provide appropriate
security for users;
(2) proactively encourage assistance with respect to
infrastructure or policy reforms that facilitate the use of
secure advanced wireless technologies; and
(3) cooperate, to the maximum extent practicable, with
member states of the institution, particularly with United
States allies and partners, in order to strengthen
international support for such technologies.
(b) Waiver Authority.--The Secretary may waive subsection (a) on a
case-by-case basis, on reporting to the Committee on Financial Services
of the House of Representatives and the Committee on Foreign Relations
of the Senate that the waiver--
(1) will allow the United States to effectively promote the
objectives of the policy described in subsection (a); or
(2) is in the national interest of the United States, with
an explanation of the reasons therefor.
(c) Progress Report.--The Chairman of the National Advisory Council
on International Monetary and Financial Policies shall include in the
annual report required by section 1701 of the International Financial
Institutions Act a description of progress made toward advancing the
policy described in subsection (a) of this section.
(d) Sunset.--The preceding provisions of this section shall have no
force or effect after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary reports to the committees
specified in subsection (b) that terminating the effectiveness
of the provisions is important to the national interest of the
United States, with a detailed explanation of the reasons
therefor.
SEC. 5106. PROTECTIONS FOR OBLIGORS AND COSIGNERS IN CASE OF DEATH OR
TOTAL AND PERMANENT DISABILITY.
(a) In General.--Section 140(g) of the Truth in Lending Act (15
U.S.C. 1650(g)) is amended--
(1) in paragraph (2)--
(A) in the heading, by striking ``in case of death
of borrower'';
(B) in subparagraph (A), by inserting after ``of
the death'', the following: ``or total and permanent
disability''; and
(C) in subparagraph (C), by inserting after ``of
the death'', the following: ``or total and permanent
disability''; and
(2) by adding at the end the following:
``(3) Discharge in case of death or total and permanent
disability of borrower.--The holder of a private education loan
shall, when notified of the death or total and permanent
disability of a student obligor, discharge the liability of the
student obligor on the loan and may not, after such
notification--
``(A) attempt to collect on the outstanding
liability of the student obligor; and
``(B) in the case of total and permanent
disability, monitor the disability status of the
student obligor at any point after the date of
discharge.
``(4) Total and permanent disability defined.--For the
purposes of this subsection and with respect to an individual,
the term `total and permanent disability' means the individual
is totally and permanently disabled, as such term is defined in
section 685.102(b) of title 34 of the Code of Federal
Regulations.
``(5) Private discharge in cases of certain discharge for
death or disability.--The holder of a private education loan
shall, when notified of the discharge of liability of a student
obligor on a loan described under section 108(f)(5)(A) of the
Internal Revenue Code of 1986, discharge any liability of the
student obligor (and any cosigner) on any private education
loan which the private education loan holder holds and may not,
after such notification--
``(A) attempt to collect on the outstanding
liability of the student obligor; and
``(B) in the case of total and permanent
disability, monitor the disability status of the
student obligor at any point after the date of
discharge.''.
(b) Rulemaking.--The Director of the Bureau of Consumer Financial
Protection may issue rules to implement the amendments made by
subsection (a) as the Director determines appropriate.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 5107. SERVICEMEMBER PROTECTIONS FOR MEDICAL DEBT COLLECTIONS.
(a) Amendments to the Fair Debt Collection Practices Act.--
(1) Definition.--Section 803 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692a) is amended by adding at the end
the following:
``(9) The term `medical debt' means a debt arising
from the receipt of medical services, products, or
devices.''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by adding
at the end the following:
``(9) Engaging in activities to collect or
attempting to collect a medical debt owed or due or
asserted to be owed or due by a consumer who was a
member of the Armed Forces at the time such debt was
incurred, before the end of the 2-year period beginning
on the date that the first payment with respect to such
medical debt is due.''.
(b) Prohibition on Consumer Reporting Agencies Reporting Certain
Medical Debt With Respect to Members of the Armed Forces.--
(1) Definition.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended by adding at the end the
following:
``(bb) Medical Debt.--The term `medical debt' means a debt arising
from the receipt of medical services, products, or devices.
``(cc) Medically Necessary Procedure.--The term `medically
necessary procedure' means--
``(1) health care services or supplies needed to diagnose
or treat an illness, injury, condition, disease, or its
symptoms and that meet accepted standards of medicine; and
``(2) health care to prevent illness or detect illness at
an early stage, when treatment is likely to work best
(including preventive services such as pap tests, flu shots,
and screening mammograms).''.
(2) In general.--Section 605(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681c(a)) is amended--
(A) in paragraph (7), by adding at the end the
following: ``This paragraph shall not be subject to
section 625(b)(1)(E).'';
(B) in paragraph (8), by adding at the end the
following: ``This paragraph shall not be subject to
section 625(b)(1)(E).''; and
(C) by adding at the end the following new
paragraphs:
``(9) Any information related to a debt arising from a
medically necessary procedure that occurred when the consumer
was a member of the Armed Forces. This paragraph shall not be
subject to section 625(b)(1)(E).
``(10) Any information related to a medical debt of a
consumer that was incurred when the consumer was a member of
the Armed Forces, if the date on which such debt was placed for
collection, charged to profit or loss, or subjected to any
similar action antedates the report by less than 365 calendar
days. This paragraph shall not be subject to section
625(b)(1)(E).''.
(c) Requirements for Furnishers of Medical Debt Information With
Respect to Members of the Armed Forces.--
(1) Additional notice requirements for medical debt of
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the
end the following:
``(f) Additional Notice Requirements for Medical Debt of Members of
the Armed Forces.--Before furnishing information regarding a medical
debt of a consumer that was incurred when the consumer was a member of
the Armed Forces to a consumer reporting agency, the person furnishing
the information shall send a statement to the consumer that includes
the following:
``(1) A notification that the medical debt--
``(A) may not be included on a consumer report made
by a consumer reporting agency until the later of the
date that is 365 days after--
``(i) the date on which the person sends
the statement;
``(ii) with respect to the medical debt of
a borrower demonstrating hardship, a date
determined by the Director of the Bureau; or
``(iii) the date described under section
605(a)(10); and
``(B) may not ever be included on a consumer report
made by a consumer reporting agency, if the medical
debt arises from a medically necessary procedure.
``(2) A notification that, if the debt is settled or paid
by the consumer or an insurance company before the end of the
period described under paragraph (1)(A), the debt may not be
reported to a consumer reporting agency.
``(3) A notification that the consumer may--
``(A) communicate with an insurance company to
determine coverage for the debt; or
``(B) apply for financial assistance.''.
(2) Furnishing of medical debt information with respect to
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2), as amended by paragraph (1),
is further amended by adding at the end the following:
``(g) Furnishing of Medical Debt Information With Respect to
Members of the Armed Forces.--
``(1) Prohibition on reporting debt related to medically
necessary procedures.--No person shall furnish any information
to a consumer reporting agency regarding a debt arising from a
medically necessary procedure that occurred when the consumer
was a member of the Armed Forces.
``(2) Treatment of other medical debt information.--With
respect to a medical debt of a consumer that was incurred when
the consumer was a member of the Armed Forces and that is not
described under paragraph (1), no person shall furnish any
information to a consumer reporting agency regarding such debt
before the end of the 365-day period beginning on the later
of--
``(A) the date on which the person sends the
statement described under subsection (f) to the
consumer;
``(B) with respect to the medical debt of a
borrower demonstrating hardship, a date determined by
the Director of the Bureau; or
``(C) the date described in section 605(a)(10).
``(3) Treatment of settled or paid medical debt.--With
respect to a medical debt of a consumer that was incurred when
the consumer was a member of the Armed Forces and that is not
described under paragraph (1), no person shall furnish any
information to a consumer reporting agency regarding such debt
if the debt is settled or paid by the consumer or an insurance
company before the end of the 365-day period described under
paragraph (2).
``(4) Borrower demonstrating hardship defined.--In this
subsection, and with respect to a medical debt, the term
`borrower demonstrating hardship' means a borrower or a class
of borrowers who, as determined by the Director of the Bureau,
is facing or has experienced unusual extenuating life
circumstances or events that result in severe financial or
personal barriers such that the borrower or class of borrowers
does not have the capacity to repay the medical debt.''.
(d) Effective Date.--Except as otherwise provided under subsection
(e), this section and the amendments made by this section shall take
effect on the date that is 180 days after the date of enactment of this
Act.
(e) Discretionary Surplus Funds.--
(1) In general.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A))
is reduced by $1,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2031.
SEC. 5108. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.
(a) Definitions.--Section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a) is amended--
(1) in subsection (q), by amending paragraph (1) to read as
follows:
``(1) Uniformed consumer.--The term `uniformed consumer'
means a consumer who is--
``(A) a member of the--
``(i) uniformed services (as such term is
defined in section 101(a)(5) of title 10,
United States Code); or
``(ii) National Guard (as such term is
defined in section 101(c)(1) of title 10,
United States Code); and
``(B) in active service (as such term is defined in
section 101(d)(3) of title 10, United States Code),
including full-time duty in the commissioned corps of
the Public Health Service or the National Oceanic and
Atmospheric Administration.''; and
(2) by adding at the end the following:
``(bb) Deployed Uniformed Consumer.--The term `deployed uniformed
consumer' means an uniformed consumer who--
``(1) serves--
``(A) in a combat zone (as such term is defined in
section 112(c)(2) of title 26, United States Code);
``(B) aboard a United States combatant, support, or
auxiliary vessel (as such terms are defined in section
231(f) of title 10, United States Code); or
``(C) in a deployment (as such term is defined in
section 991(b) of title 10, United States Code); and
``(2) is on active duty (as such term is defined in section
101(d)(2) of title 10, United States Code) for not less than 30
days during the type of service described in paragraph (1).''.
(b) Prohibition on Including Certain Adverse Information in
Consumer Reports.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended--
(1) in subsection (a), by adding at the end the following:
``(9) Any item of adverse information about a uniformed
consumer, if the action or inaction that gave rise to the item
occurred while the consumer was a deployed uniformed
consumer.''; and
(2) by adding at the end the following:
``(i) Notice of Status as a Uniformed Consumer.--With respect to an
item of adverse information about a consumer, if the action or inaction
that gave rise to the item occurred while the consumer was a uniformed
consumer, the consumer may provide appropriate proof, including
official orders, to a consumer reporting agency that the consumer was a
deployed uniformed consumer at the time such action or inaction
occurred. The consumer reporting agency shall promptly delete that item
of adverse information from the file of the uniformed consumer and
notify the consumer and the furnisher of the information of the
deletion.''.
(c) Communications Between the Consumer and Consumer Reporting
Agencies.--Section 605A of the Fair Credit Reporting Act (15 U.S.C.
1681c-1) is amended--
(1) in subsection (c)--
(A) by striking ``Upon'' and inserting the
following:
``(1) In general.--Upon'';
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), and moving such
redesignated subparagraphs 2 ems to the right; and
(C) by adding at the end the following:
``(2) Negative information alert.--Any time a consumer
reporting agency receives an item of adverse information about
a consumer, if the consumer has provided appropriate proof that
the consumer is a uniformed consumer, the consumer reporting
agency shall promptly notify the consumer--
``(A) that the agency has received such item of
adverse information, along with a description of the
item; and
``(B) the method by which the consumer can dispute
the validity of the item.
``(3) Contact information for uniformed consumers.--With
respect to any consumer that has provided appropriate proof to
a consumer reporting agency that the consumer is a uniformed
consumer, if the consumer provides the consumer reporting
agency with separate contact information to be used when
communicating with the consumer while the consumer is a
uniformed consumer, the consumer reporting agency shall use
such contact information for all communications while the
consumer is a uniformed consumer.''; and
(2) in subsection (e), by amending paragraph (3) to read as
follows:
``(3) subparagraphs (A) and (B) of subsection (c)(1), in
the case of a referral under subsection (c)(1)(C).''.
(d) Conforming Amendment.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by striking ``active duty military'' each
place such term appears and inserting ``uniformed consumer''.
(e) Sense of Congress.--It is the sense of Congress that any person
making use of a consumer report containing an item of adverse
information should, if the action or inaction that gave rise to the
item occurred while the consumer was a uniformed consumer, take such
fact into account when evaluating the creditworthiness of the consumer.
SEC. 5109. UNITED STATES CONTRIBUTION TO THE CATASTROPHE CONTAINMENT
AND RELIEF TRUST AT THE INTERNATIONAL MONETARY FUND.
(a) Contribution Authority.--The Secretary of the Treasury may
contribute $200,000,000 on behalf of the United States to the
Catastrophe Containment and Relief Trust of the International Monetary
Fund.
(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $200,000,000 for payment
by the Secretary of the Treasury.
SEC. 5110. CHINA FINANCIAL THREAT MITIGATION.
(a) Report.--The Secretary of the Treasury shall conduct a study
and issue a report that includes a description and analysis of any
risks to the financial stability of the United States and the global
economy emanating from the People's Republic of China, along with any
recommendations to the United States representatives at the
International Monetary Fund and the Financial Stability Board to
strengthen international cooperation to monitor and mitigate such
financial stability risks through the work of the International
Monetary Fund and the Financial Stability Board.
(b) Transmission of Report.--The Secretary of the Treasury shall
transmit the report required under subsection (a) no later than
December 31, 2022, to the Committee on Financial Services of the House
of Representatives, the Committee on Banking, Housing, and Urban
Affairs of the Senate, the United States Executive Director at the
International Monetary Fund, and any person representing the United
States at the Financial Stability Board.
(c) Publication of Report.--The Secretary of the Treasury shall
publish the report required under subsection (a) on the website of the
Department of the Treasury no later than December 31, 2022.
SEC. 5111. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
(a) Report on Financial Services Benefitting State Sponsors of
Terrorism, Human Rights Abusers, and Corrupt Officials.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of the Treasury shall issue a report to the
Committees on Financial Services and Foreign Affairs of the
House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Foreign Relations of the Senate
that includes--
(A) a copy of any license issued by the Secretary
in the preceding 180 days that authorizes a financial
institution to provide financial services benefitting a
state sponsor of terrorism; and
(B) a list of any foreign financial institutions
that, in the preceding 180 days, knowingly conducted a
significant transaction or transactions, directly or
indirectly, for a sanctioned person included on the
Department of the Treasury's Specially Designated
Nationals And Blocked Persons List who--
(i) is owned or controlled by, or acts on
behalf of, the government of a state sponsor of
terrorism; or
(ii) is designated pursuant to any of the
following:
(I) Section 404 of the Russia and
Moldova Jackson-Vanik Repeal and Sergei
Magnitsky Rule of Law Accountability
Act of 2012 (Public Law 112208).
(II) Subtitle F of title XII of the
National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328,
the Global Magnitsky Human Rights
Accountability Act).
(III) Executive Order No. 13818.
(2) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Waiver.--The Secretary of the Treasury may waive the
requirements of subsection (a) with respect to a foreign financial
institution described in paragraph (1)(B) of such subsection--
(1) upon receiving credible assurances that the foreign
financial institution has ceased, or will imminently cease, to
knowingly conduct any significant transaction or transactions,
directly or indirectly, for a person described in clause (i) or
(ii) of such subparagraph (B); or
(2) upon certifying to the Committees on Financial Services
and Foreign Affairs of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and Foreign
Relations of the Senate that the waiver is important to the
national interest of the United States, with an explanation of
the reasons therefor.
(c) Definitions.--For purposes of this section:
(1) Financial institution.--The term ``financial
institution'' means a United States financial institution or a
foreign financial institution.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term under
section 561.308 of title 31, Code of Federal Regulations.
(3) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 561.309 of title
31, Code of Federal Regulations.
(d) Sunset.--The reporting requirement under this section shall
terminate on the date that is the end of the 7-year period beginning on
the date of the enactment of this Act.
SEC. 5112. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING
CONCERN OF AFGHAN ILLICIT FINANCE.
(a) Determination.--If the Secretary of the Treasury determines
that reasonable grounds exist for concluding that one or more financial
institutions operating outside of the United States, or 1 or more
classes of transactions within, or involving, a jurisdiction outside of
the United States, or 1 or more types of accounts within, or involving,
a jurisdiction outside of the United States is of primary money
laundering concern in connection with Afghan illicit finance, the
Secretary of the Treasury may, by order, regulation, or otherwise as
permitted by law--
(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
described in section 5318A(b) of title 31, United States Code;
or
(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary)
involving any domestic financial institution or domestic
financial agency, if such transmittal of funds involves any
such institution, class of transaction, or type of account.
(b) Report Required.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committees on Financial Services and Foreign
Affairs of the House of Representatives and the Committees on
Banking, Housing, and Urban Affairs and Foreign Relations of
the Senate a report that shall identify any additional
regulations, statutory changes, enhanced due diligence, and
reporting requirements that are necessary to better identify,
prevent, and combat money laundering linked to Afghanistan,
including related to--
(A) identifying the beneficial ownership of
anonymous companies;
(B) strengthening current, or enacting new,
reporting requirements and customer due diligence
requirements for sectors and entities that support
illicit financial activity related to Afghanistan; and
(C) enhanced know-your-customer procedures and
screening for transactions involving Afghan political
leaders, Afghan state-owned or -controlled enterprises,
and known Afghan transnational organized crime figures.
(2) Format.--The report required under this subsection
shall be made available to the public, including on the website
of the Department of the Treasury, but may contain a classified
annex and be accompanied by a classified briefing.
(c) Sense of Congress on International Cooperation.--It is the
sense of the Congress that the Secretary of the Treasury and other
relevant cabinet members (such as the Secretary of State, Secretary of
Homeland Security, and Attorney General) should work jointly with
European, E.U., and U.K. financial intelligence units, trade
transparency units, and appropriate law enforcement authorities to
present, both in the report required under subsection (b) and in future
analysis of suspicious transaction reports, cash transaction reports,
currency and monetary instrument reports, and other relevant data to
identify trends and assess risks in the movement of illicit funds from
Afghanistan through the United States, British, and European financial
systems.
(d) Classified Information.--In any judicial review of a finding of
the existence of a primary money laundering concern, or of the
requirement for 1 or more special measures with respect to a primary
money laundering concern made under this section, if the designation or
imposition, or both, were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.), such information may be submitted by the Secretary to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or any
requirement imposed under this section.
(e) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure provided in section 5319 of
title 31, United States Code, shall apply to any report or record of
report filed pursuant to a requirement imposed under subsection (a) of
this section. For purposes of section 552 of title 5, United States
Code, this subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
(f) Penalties.--The penalties provided for in sections 5321 and
5322 of title 31, United States Code, that apply to violations of
special measures imposed under section 5318A of title 31,United States
Code, shall apply to violations of any order, regulation, special
measure, or other requirement imposed under subsection (a) of this
section, in the same manner and to the same extent as described in
sections 5321 and 5322.
(g) Injunctions.--The Secretary of the Treasury may bring a civil
action to enjoin a violation of any order, regulation, special measure,
or other requirement imposed under subsection (a) of this section in
the same manner and to the same extent as described in section 5320 of
title 31, United States Code.
SEC. 5113. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF SURVIVORS
OF TRAFFICKING AND INDIVIDUALS AT RISK FOR TRAFFICKING.
(a) Definitions.--In this section:
(1) Survivor of a severe form of trafficking.--The term
``survivor of a severe form of trafficking'' has the meaning
given the term ``victim of a severe form of trafficking'' in
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
(2) Survivor of trafficking.--The term ``survivor of
trafficking'' has the meaning given the term ``victim of
trafficking'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(b) Study.--
(1) In general.--The United States Interagency Council on
Homelessness shall conduct a study assessing the availability
and accessibility of housing and services for individuals
experiencing homelessness or housing instability who are--
(A) survivors of trafficking, including survivors
of severe forms of trafficking; or
(B) at risk of being trafficked.
(2) Coordination and consultation.--In conducting the study
required under paragraph (1), the United States Interagency
Council on Homelessness shall--
(A) coordinate with--
(i) the Interagency Task Force to Monitor
and Combat Trafficking established under
section 105 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103);
(ii) the United States Advisory Council on
Human Trafficking;
(iii) the Secretary of Housing and Urban
Development;
(iv) the Secretary of Health and Human
Services; and
(v) the Attorney General; and
(B) consult with--
(i) the National Advisory Committee on the
Sex Trafficking of Children and Youth in the
United States;
(ii) survivors of trafficking;
(iii) direct service providers, including--
(I) organizations serving runaway
and homeless youth;
(II) organizations serving
survivors of trafficking through
community-based programs; and
(III) organizations providing
housing services to survivors of
trafficking; and
(iv) housing and homelessness assistance
providers, including recipients of grants
under--
(I) the continuum of care program
authorized under subtitle C of title IV
of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et
seq.); and
(II) the Emergency Solutions Grants
Program authorized under subtitle B of
title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et
seq.).
(3) Contents.--The study conducted under paragraph (1)
shall include--
(A) with respect to the individuals described in
that paragraph--
(i) an evaluation of formal assessments and
outreach methods used to identify and assess
the housing and service needs of those
individuals, including outreach methods to--
(I) ensure effective communication
with individuals with disabilities; and
(II) reach individuals with limited
English proficiency;
(ii) a review of the availability and
accessibility of homelessness or housing
services for those individuals, including the
family members of those individuals who are
minors involved in foster care systems, that
identifies the disability-related needs of
those individuals, including the need for
housing with accessibility features;
(iii) the effect of any policies and
procedures of mainstream homelessness or
housing services that facilitate or limit the
availability of those services and
accessibility for those individuals, including
those individuals who are involved in the legal
system, as those services are in effect as of
the date on which the study is conducted;
(iv) an identification of best practices in
meeting the housing and service needs of those
individuals; and
(v) an assessment of barriers to fair
housing and housing discrimination against
survivors of trafficking who are members of a
protected class under the Fair Housing Act (42
U.S.C. 3601 et seq.);
(B) an assessment of the ability of mainstream
homelessness or housing services to meet the
specialized needs of survivors of trafficking,
including trauma responsive approaches specific to
labor and sex trafficking survivors; and
(C) an evaluation of the effectiveness of, and
infrastructure considerations for, housing and service-
delivery models that are specific to survivors of
trafficking, including survivors of severe forms of
trafficking, including emergency rental assistance
models.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the United States Interagency Council on Homelessness shall--
(1) submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report containing the
information described in subparagraphs (A) through (C) of
subsection (b)(3); and
(2) make the report submitted under paragraph (1) publicly
available.
SEC. 5114. AML EXAMINATION AUTHORITY DELEGATION STUDY.
(a) Study.--The Secretary of the Treasury shall carry out a study,
in consultation with State bank supervisors (as defined under section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813)), and other
relevant stakeholders, on the Secretary's delegation of examination
authority under the Bank Secrecy Act, including--
(1) an evaluation of the efficacy of the delegation,
especially with respect to the mission of the Bank Secrecy Act;
(2) whether the delegated agencies have appropriate
resources to perform their delegated responsibilities; and
(3) whether the examiners in delegated agencies have
sufficient training and support to perform their
responsibilities.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report
containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) recommendations to improve the efficacy of delegation
authority, including the potential for de-delegation of any or
all such authority where it may be appropriate.
(c) Bank Secrecy Act Defined.--The term ``Bank Secrecy Act'' has
the meaning given that term under section 5312 of title 31, United
States Code.
SEC. 5115. COORDINATOR FOR HUMAN TRAFFICKING ISSUES.
(a) In General.--The Secretary of the Treasury shall, not later
than 180 days after the date of the enactment of this Act, and as
required under section 312(a)(8) of title 31, United States Code,
designate an office within the Office of Terrorism and Financial
Intelligence that shall coordinate efforts to combat the illicit
financing of human trafficking.
(b) Coordinator for Human Traffficking Issues.--
(1) In general.--Subchapter I of chapter 3 of subtitle I of
title 31, United States Code, is amended by adding at the end
the following:
``Sec. 316. Coordinator for human trafficking issues.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary of the Treasury shall
designate a Coordinator for Human Trafficking Issues within the
Department of the Treasury who shall report to the Secretary.
``(b) Duties.--The Coordinator for Human Trafficking Issues--
``(1) shall--
``(A) coordinate activities, policies, and programs
of the Department that relate to human trafficking,
including activities, policies, and programs intended
to--
``(i) prevent, detect, and respond to human
trafficking;
``(ii) help understand the challenges faced
by victims and survivors of human trafficking,
including any circumstances that may increase
the risk of a person becoming a victim or
survivor of human trafficking; and
``(iii) support victims and survivors of
human trafficking;
``(B) promote, advance, and support the
consideration of human trafficking issues in the
programs, structures, processes, and capacities of
bureaus and offices of the Department, where
appropriate;
``(C) regularly consult human trafficking
stakeholders;
``(D) serve as the principal advisor to the
Secretary with respect to activities and issues
relating to human trafficking, including issues
relating to victims and survivors of human trafficking;
``(E) advise the Secretary of actions that may be
taken to improve information sharing between human
trafficking stakeholders and Federal, State, Local,
Territory, and Tribal government agencies, including
law enforcement agencies, while protecting privacy and,
as a result, improve societal responses to issues
relating to human trafficking, including issues
relating to the victims and survivors of human
trafficking;
``(F) participate in coordination between Federal,
State, Local, Territory, and Tribal government agencies
on issues relating to human trafficking; and
``(G) consult and work with the office within the
office within the Office of Terrorism and Financial
Intelligence designated by the Secretary under section
312(a)(8) of title 31, United States Code, to
coordinate efforts to combat the illicit financing of
human trafficking with respect to the efforts of such
office to combat the illicit financing of human
trafficking; and
``(2) may design, support, and implement Department
activities relating to human trafficking, including activities
designed to prevent, detect, and respond to human trafficking,
to include money laundering associated with human trafficking,
to include money laundering associated with human trafficking.
``(c) Term.--Each Coordinator for Human Trafficking Issues
designated by the Secretary shall serve a term of not more than 5
years.
``(d) Human Trafficking Defined.--In this section, the term `human
trafficking' means severe forms of trafficking in persons as such term
is defined in section 103 of the Trafficking Victims Protection Act of
2000.
``(e) Human Trafficking Stakeholder.--The term `human trafficking
stakeholder' means--
``(1) a non-governmental organization;
``(2) a human rights organization;
``(3) an anti-human trafficking organization;
``(4) a group representing a population vulnerable to human
trafficking or victims or survivors of human trafficking, and
related issues;
``(5) an industry group;
``(6) a financial institution;
``(7) a technology firm; and
``(8) another individual or group that is working to
prevent, detect, and respond to human trafficking and to
support victims and survivors of human trafficking.''.
(c) Coordination With Coordinator for Human Trafficking Issues.--
Section 312(a) of title 31, United States Code, is amended by adding at
the end the following:
``(9) Coordination with coordinator for human trafficking
issues.--The office within the OTFI designated by the Secretary
pursuant to paragraph (8) shall coordinate with the Coordinator
for Human Trafficking Issues designated by the Secretary
pursuant to section 316 of title 31, United States Code.''.
(d) Conforming Amendment.--The table of sections in chapter 3 of
subtitle I of title 31, United States Code, is amended by adding at the
end the following:
``316. Coordinator for Human Trafficking Issues.''.
SEC. 5116. STUDY ON THE FINANCING OF DOMESTIC VIOLENT EXTREMISTS AND
TERRORISTS.
(a) GAO Study on the Financing of Domestic Violent Extremists and
Terrorists.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the financing of domestic violent
extremists and terrorists, including foreign terrorist-inspired
domestic extremists, which should consider--
(A) what is known about the primary mechanisms that
domestic violent extremists and terrorists use to
finance their activities, including the extent to which
they rely on online social media, livestreaming sites,
crowdfunding platforms, digital assets (including
virtual currencies), charities, and foreign sources to
finance their activities;
(B) what is known about any funding that domestic
violent extremists and terrorists provide to foreign
entities for the purposes of coordination, support, or
otherwise furthering their activities;
(C) any data that selected U.S. agencies collect
related to the financing of domestic violent extremists
and terrorists, and how such data is used;
(D) the extent to which U.S. agencies coordinate
and share information among themselves, with foreign
partner agencies, and with the private sector to
identify and exploit the sources of funding for
domestic violent extremists and terrorists;
(E) efforts of financial institutions to identify
and report on suspicious financial activity related to
the financing of domestic violent extremists and
terrorists;
(F) any actions U.S. financial regulators have
taken to address the risks to financial institutions of
the financing of domestic violent extremists and
terrorists; and
(G) with respect to the considerations described
under subparagraphs (A) through (F), any civil rights
and civil liberties protections currently included in
law and challenges associated with any potential
changes to the legal framework to address them.
(2) Report to congress.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General of the
United States shall report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives the results
of the study required under paragraph (1).
SEC. 5117. MILITARY SERVICE QUESTION.
(a) In General.--Subpart A of part 2 of subtitle A of title VIII of
the Housing and Community Development Act of 1992 (12 U.S.C. 4541 et
seq.) is amended by adding at the end the following:
``SEC. 1329. UNIFORM RESIDENTIAL LOAN APPLICATION.
``The Director shall, not later than 6 months after the date of the
enactment of this section, require each enterprise to--
``(1) include a military service question on the form known
as the Uniform Residential Loan Application; and
``(2) position such question above the signature line of
the Uniform Residential Loan Application.''.
(b) Rulemaking.--The Director of the Federal Housing Finance Agency
shall, not later than 6 months after the date of the enactment of this
section, issue a rule to carry out the amendment made by this section.
SEC. 5118. INCLUSION OF VETERANS IN HOUSING PLANNING.
(a) Public Housing Agency Plans.--Section 5A(d)(1) of the United
States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by
striking ``and disabled families'' and inserting ``, disabled families,
and veterans (as such term is defined in section 101 of title 38,
United States Code)''.
(b) Comprehensive Housing Affordability Strategies.--
(1) In general.--Section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705) is amended--
(A) in subsection (b)(1), by inserting ``veterans
(as such term is defined in section 101 of title 38,
United States Code),'' after ``acquired
immunodeficiency syndrome,'';
(B) in subsection (b)(20), by striking ``and
service'' and inserting ``veterans service, and other
service''; and
(C) in subsection (e)(1), by inserting ``veterans
(as such term is defined in section 101 of title 38,
United States Code),'' after ``homeless persons,''.
(2) Consolidated plans.--The Secretary of Housing and Urban
Development shall revise the regulations relating to submission
of consolidated plans (part 91 of title 24, Code of Federal
Regulations) in accordance with the amendments made by
paragraph (1) of this subsection to require inclusion of
appropriate information relating to veterans and veterans
service agencies in all such plans.
SEC. 5119. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS.
(a) In General.--Not later than December 31 of each year, the
Secretary of Housing and Urban Development shall submit a report on the
activities of the Department of Housing and Urban Development relating
to veterans during such year to the following:
(1) The Committee on Banking, Housing, and Urban Affairs of
the Senate.
(2) The Committee on Veterans' Affairs of the Senate.
(3) The Committee on Appropriations of the Senate.
(4) The Committee on Financial Services of the House of
Representatives.
(5) The Committee on Veterans' Affairs of the House of
Representatives.
(6) The Committee on Appropriations of the House of
Representatives.
(7) The Secretary of Veterans Affairs.
(b) Contents.--Each report required under subsection (a) shall
include the following information with respect to the year for which
the report is submitted:
(1) The name of each public housing agency that provides
assistance under the program of housing choice vouchers for
homeless veterans under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
(2) The number of homeless veterans provided assistance
under the program of housing choice vouchers for homeless
veterans under section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic
characteristics and racial characteristics of such homeless
veterans, and the number, types, and locations of entities
contracted under such section to administer the vouchers.
(3) The number of homeless veterans provided assistance
under the Tribal HUD-VA Supportive Housing Program (HUD-VASH)
authorized by the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 2733) the
socioeconomic characteristics and racial characteristics of
such homeless veterans, and the number, types, and locations of
entities contracted under such section to administer the
vouchers.
(4) A summary description of the special considerations
made for veterans under public housing agency plans submitted
pursuant to section 5A of the United States Housing Act of 1937
(42 U.S.C. 1437c-1) and under comprehensive housing
affordability strategies submitted pursuant to section 105 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705).
(5) A description of the activities of the Special
Assistant for Veterans Affairs.
(6) A description of the efforts of the Department of
Housing and Urban Development to coordinate the delivery of
housing and services to veterans with other Federal departments
and agencies, including the Department of Defense, Department
of Justice, Department of Labor, Department of Health and Human
Services, Department of Veterans Affairs, Interagency Council
on Homelessness, and the Social Security Administration.
(7) The cost to the Department of Housing and Urban
Development of administering the programs and activities
relating to veterans.
(8) Any other information that the Secretary considers
relevant in assessing the programs and activities of the
Department of Housing and Urban Development relating to
veterans.
(c) Assessment of Housing Needs of Very Low-Income Veteran
Families.--
(1) In general.--For the first report submitted pursuant to
subsection (a) and every fifth report thereafter, the Secretary
of Housing and Urban Development shall--
(A) conduct an assessment of the housing needs of
very low-income veteran families (as such term is
defined in paragraph 5); and
(B) shall include in each such report findings
regarding such assessment.
(2) Content.--Each assessment under this subsection shall
include--
(A) conducting a survey of, and direct interviews
with, a representative sample of very low-income
veteran families (as such term is defined in paragraph
5) to determine past and current--
(i) socioeconomic characteristics of such
veteran families;
(ii) barriers to such veteran families
obtaining safe, quality, and affordable
housing;
(iii) levels of homelessness among such
veteran families; and
(iv) levels and circumstances of, and
barriers to, receipt by such veteran families
of rental housing and homeownership assistance;
and
(B) such other information that the Secretary
determines, in consultation with the Secretary of
Veterans Affairs and national nongovernmental
organizations concerned with veterans, homelessness,
and very low-income housing, may be useful to the
assessment.
(3) Conduct.--If the Secretary contracts with an entity
other than the Department of Housing and Urban Development to
conduct the assessment under this subsection, such entity shall
be a nongovernmental organization determined by the Secretary
to have appropriate expertise in quantitative and qualitative
social science research.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Housing and Urban
Development, to be available until expended to carry out this
subsection, $1,000,000.
(5) Very low-income veteran family.--The term ``very low-
income veteran family'' means a veteran family whose income
does not exceed 50 percent of the median income for the area,
as determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may establish an
income ceiling higher or lower than 50 percent of the median
for the area on the basis of the Secretary's findings that such
variations are necessary because of prevailing levels of
construction costs or fair market rents (as determined under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f)).
SEC. 5120. USE OF FINANCIAL SERVICES PROVIDERS IN PROVISION OF
FINANCIAL LITERACY TRAINING FOR MEMBERS OF THE ARMED
FORCES AT MILITARY INSTALLATIONS OUTSIDE THE UNITED
STATES.
Section 992 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Training for Members Stationed Overseas.--
``(1) In general.--As part of the financial literacy
training provided under this section to members of the armed
forces stationed or deployed at an installation outside the
United States, the commander of such installation may, in the
commander's discretion, permit representatives of financial
services providers serving, or intending to serve, such members
to participate in such training, including in orientation
briefings regularly scheduled for members newly arriving at
such installation.
``(2) No endorsement.--In permitting representatives to
participate in training and orientation briefings pursuant to
paragraph (1), a commander may not endorse any financial
services provider or the services provided by such provider.
``(3) Financial services provider defined.--In this
subsection, the term `financial services provider' means the
following:
``(A) A financial institution, insurance company,
or broker-dealer that is licensed and regulated by the
United States or a State.
``(B) A money service business that is--
``(i) registered with the Financial Crimes
Enforcement Network of the Department of the
Treasury; and
``(ii) licensed and regulated by the United
States or a State.
``(C) The host nation agent of a money service
business described in subparagraph (B).''.
SEC. 5121. SAVE ACT OF 2021.
(a) Securing Essential Medical Materials.--
(1) Statement of policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States competitiveness,
scientific leadership and cooperation, and innovative
capacity;''.
(2) Strengthening domestic capability.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
(A) in subsection (a), by inserting ``(including
medical materials)'' after ``materials''; and
(B) in subsection (b)(1), by inserting ``(including
medical materials such as drugs, devices, and
biological products to diagnose, cure, mitigate, treat,
or prevent disease that are essential to national
defense)'' after ``essential materials''.
(3) Strategy on securing supply chains for medical
materials.--Title I of the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.) is amended by adding at the end the
following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the President, in consultation with the
Secretary of Health and Human Services, the Secretary of Commerce, the
Secretary of Homeland Security, and the Secretary of Defense, shall
transmit a strategy to the appropriate Members of Congress that
includes the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs, devices, and
biological products (as that term is defined in section 351 of
the Public Health Service Act (42 U.S.C. 262)) to diagnose,
cure, mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the purposes of
this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical materials, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from the
plan and measures described in this subsection on the
production, cost, or distribution of biological
products (as that term is defined in section 351 of the
Public Health Service Act (42 U.S.C. 262)) or any other
devices or drugs (as defined under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));
``(B) a timeline to ensure that essential
components of the supply chain for medical materials
are not under the exclusive control of a foreign
government in a manner that the President determines
could threaten the national defense of the United
States; and
``(C) efforts to mitigate any risks resulting from
the plan and measures described in this subsection to
United States competitiveness, scientific leadership,
and innovative capacity, including efforts to cooperate
and proactively engage with United States allies.
``(b) Progress Report.--Following submission of the strategy under
subsection (a), the President shall submit to the appropriate Members
of Congress an annual progress report until September 30, 2025,
evaluating the implementation of the strategy, and may include updates
to the strategy as appropriate. The strategy and progress reports shall
be submitted in unclassified form but may contain a classified annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and minority
leader of the House of Representatives, the majority leader and
minority leader of the Senate, the Chairman and Ranking Member of the
Committee on Financial Services of the House of Representatives, and
the Chairman and Ranking Member of the Committee on Banking, Housing,
and Urban Affairs of the Senate.''.
(b) Investment in Supply Chain Security.--
(1) In general.--Section 303 of the Defense Production Act
of 1950 (50 U.S.C. 4533) is amended by adding at the end the
following:
``(h) Investment in Supply Chain Security.--
``(1) In general.--In addition to other authorities in this
title, the President may make available to an eligible entity
described in paragraph (2) payments to increase the security of
supply chains and supply chain activities, if the President
certifies to Congress not less than 30 days before making such
a payment that the payment is critical to meet national defense
requirements of the United States.
``(2) Eligible entity.--An eligible entity described in
this paragraph is an entity that--
``(A) is organized under the laws of the United
States or any jurisdiction within the United States;
and
``(B) produces--
``(i) one or more critical components;
``(ii) critical technology; or
``(iii) one or more products or raw
materials for the security of supply chains or
supply chain activities.
``(3) Definitions.--In this subsection, the terms `supply
chain' and `supply chain activities' have the meanings given
those terms by the President by regulation.''.
(2) Regulations.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the President shall
prescribe regulations setting forth definitions for the
terms ``supply chain'' and ``supply chain activities''
for the purposes of section 303(h) of the Defense
Production Act of 1950 (50 U.S.C. 4533(h)), as added by
subsection (a).
(B) Scope of definitions.--The definitions required
by paragraph (1)--
(i) shall encompass--
(I) the organization, people,
activities, information, and resources
involved in the delivery and operation
of a product or service used by the
Government; or
(II) critical infrastructure as
defined in Presidential Policy
Directive 21 (February 12, 2013;
relating to critical infrastructure
security and resilience); and
(ii) may include variations as determined
necessary and appropriate by the President for
purposes of national defense.
SEC. 5122. PROHIBITIONS OR CONDITIONS ON CERTAIN TRANSMITTALS OF FUNDS.
Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting after
``Secretary of the Treasury may'' the following: ``, by
order, regulation, or otherwise as permitted by law,'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Form of requirement.--The special measures described
in subsection (b) may be imposed in such sequence or
combination as the Secretary shall determine.''; and
(C) by striking paragraph (3); and
(2) in subsection (b)--
(A) in paragraph (5), by striking ``on behalf of a
foreign banking institution''; and
(B) by adding at the end the following:
``(6) Prohibitions or conditions on certain transmittals of
funds.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more types of accounts
within, or involving, a jurisdiction outside of the United
States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States to be of
primary money laundering concern, the Secretary, in
consultation with the Secretary of the State, the Attorney
General, and the Chairman of the Board of Governors of the
Federal Reserve System, may prohibit, or impose conditions upon
certain transmittals of funds (as such term may be defined by
the Secretary in a special measure issuance, by regulation, or
as otherwise permitted by law), to or from any domestic
financial institution or domestic financial agency if such
transmittal of funds involves any such jurisdiction,
institution, type of account, or class of transaction.''.
SEC. 5123. STRENGTHENING AWARENESS OF SANCTIONS.
(a) In General.--Section 312 of title 31, United States Code, is
amended by adding at the end the following::
``(g) OFAC Exchange.--
``(1) Establishment.--The OFAC Exchange is hereby
established within OFAC.
``(2) Purpose.--The OFAC Exchange shall facilitate a
voluntary public-private information sharing partnership among
law enforcement agencies, national security agencies, financial
institutions, and OFAC to--
``(A) effectively and efficiently administer and
enforce economic and trade sanctions against targeted
foreign countries and regimes, terrorists,
international narcotics traffickers, those engaged in
activities related to the proliferation of weapons of
mass destruction, and other threats to the national
security, foreign policy, or economy of the United
States by promoting innovation and technical advances
in reporting--
``(i) under subchapter II of chapter 53 and
the regulations promulgated under that
subchapter; and
``(ii) with respect to other economic and
trade sanctions requirements;
``(B) protect the financial system from illicit
use, including evasions of existing economic and trade
sanctions programs; and
``(C) facilitate two-way information exchange
between OFAC and persons who are required to comply
with sanctions administered and enforced by OFAC,
including financial institutions, business sectors
frequently affected by sanctions programs, and non-
government organizations and humanitarian groups
impacted by such sanctions programs.
``(3) Report.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, and once every 2
years thereafter for the next 5 years, the Secretary of
the Treasury shall submit to the Committees on Banking,
Housing, and Urban Affairs and Foreign Relations of the
Senate and the Committees on Financial Services and
Foreign Affairs of the House of Representatives a
report containing--
``(i) an analysis of the efforts undertaken
by the OFAC Exchange, which shall include an
analysis of--
``(I) the results of those efforts;
and
``(II) the extent and effectiveness
of those efforts, including the extent
and effectiveness of communication
between OFAC and persons who are
required to comply with sanctions
administered and enforced by OFACs;
``(ii) recommendations to improve
efficiency and effectiveness of targeting,
compliance, enforcement and licensing
activities undertake by OFAC; and
``(iii) any legislative, administrative, or
other recommendations the Secretary may have to
strengthen the efforts of the OFAC Exchange.
``(B) Classified annex.--Each report under
subparagraph (A) may include a classified annex.
``(4) Information sharing requirement.--Information shared
under this subsection shall be shared--
``(A) in compliance with all other applicable
Federal laws and regulations;
``(B) in such a manner as to ensure the appropriate
confidentiality of personal information; and
``(C) at the discretion of the Director, with the
appropriate Federal functional regulator, as defined in
section of the Anti-Money Laundering Act of 2020.
``(5) Protection of shared information.--
``(A) Regulations.--OFAC shall, as appropriate,
promulgate regulations that establish procedures for
the protection of information shared and exchanged
between OFAC and the private sector in accordance with
this section, consistent with the capacity, size, and
nature of the financial institution to which the
particular procedures apply.
``(B) Use of information.--Information received by
a financial institution pursuant to this section shall
not be used for any purpose other than identifying and
reporting on activities that may involve the financing
of terrorism, proliferation financing, narcotics
trafficking, or financing of sanctioned countries,
regimes, or persons.
``(6) Rule of construction.--Nothing in this subsection may
be construed to create new information sharing authorities or
requirements relating to the Bank Secrecy Act.''.
(b) Scope of the Meetings of the Supervisory Team on Countering
Illicit Finance.--Section 6214(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (31 U.S.C. 5311
note) is amended by striking ``to combat the risk relating to
proliferation financing'' and inserting ``for the purposes of
countering illicit finance, including proliferation finance and
sanctions evasion''.
(c) Combating Russian Money Laundering.--Section 9714 of the
Combating Russian Money Laundering Act (Public Law 116-283) is
amended--
(1) in subsection (a)(2), by striking ``by'' and inserting
``involving'';
(2) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or of the
requirement for 1 or more special measures with respect to a primary
money laundering concern made under this section, if the designation or
imposition, or both, were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.), such information may be submitted by the Secretary to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or any
requirement imposed under this section.
``(c) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure provided in section 5319 of
title 31, United States Code, shall apply to any report or record of
report filed pursuant to a requirement imposed under subsection (a) of
this section. For purposes of section 552 of title 5, United States
Code, this subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
``(d) Penalties.--The penalties provided for in sections 5321 and
5322 of title 31, United States Code, that apply to violations of
special measures imposed under section 5318A of title 31, United States
Code, shall apply to violations of any order, regulation, special
measure, or other requirement imposed under subsection (a) of this
section, in the same manner and to the same extent as described in
sections 5321 and 5322.
``(e) Injunctions.--The Secretary of the Treasury may bring a civil
action to enjoin a violation of any order, regulation, special measure,
or other requirement imposed under subsection (a) of this section in
the same manner and to the same extent as described in section 5320 of
title 31, United States Code.''.
SEC. 5124. WORKING GROUP TO SUPPORT INNOVATION WITH RESPECT TO DIGITAL
ASSETS.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this section, the Securities and Exchange Commission and
the Commodity Futures Trading Commission shall jointly establish a
working group (to be known as the ``SEC and CFTC Working Group on
Digital Assets'') to carry out the report required under subsection
(c)(1).
(b) Membership.--
(1) In general.--The Working Group shall be composed of
members appointed in accordance with paragraph (2).
(2) Appointment of members.--
(A) Representatives of commissions.--The Securities
and Exchange Commission and the Commodity Futures
Trading Commission shall each appoint an equal number
of employees of each such Commission to serve as
members of the Working Group.
(B) Representatives of nongovernmental
stakeholders.--
(i) Appointment.--The Securities and
Exchange Commission and the Commodity Futures
Trading Commission shall each appoint an equal
number of nongovernmental representatives to
serve as members of the Working Group, except
that such number of members may not be greater
than or equal to the number of members
appointed under subparagraph (A).
(ii) Required members.--The members of the
Working Group appointed under clause (i) shall
include at least one representative from each
of the following:
(I) Financial technology companies
that provide products or services
involving digital assets.
(II) Financial firms under the
jurisdiction of the Securities and
Exchange Commission or the Commodity
Futures Trading Commission.
(III) Institutions or organizations
engaged in academic research or
advocacy relating to digital asset use.
(IV) Small businesses engaged in
financial technology.
(V) Investor protection
organizations.
(VI) Institutions and organizations
that support investment in
historically-underserved businesses.
(C) No compensation for members of the working
group.--
(i) Federal employee members.--All members
of the Working Group appointed under
subparagraph (A) shall serve without
compensation in addition to that received for
their services as officers or employees of the
United States.
(ii) Non-federal members.--All members of
the Working Group appointed under subparagraph
(B) shall serve without compensation.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Working Group shall submit
to the Securities and Exchange Commission, the Commodity
Futures Trading Commission, and the relevant committees a
report that contains--
(A) an analysis of--
(i) the legal and regulatory framework and
related developments in the United States
relating to digital assets, including--
(I) the impact that lack of clarity
in such framework has on primary and
secondary markets in digital assets;
and
(II) how the domestic legal and
regulatory regimes relating to digital
assets impact the competitive position
of the United States; and
(ii) developments in other countries
related to digital assets and identification of
how these developments impact the competitive
position of the United States; and
(B) recommendations--
(i) for the creation, maintenance, and
improvement of primary and secondary markets in
digital assets, including for improving the
fairness, orderliness, integrity, efficiency,
transparency, availability, and efficacy of
such markets;
(ii) for standards concerning custody,
private key management, cybersecurity, and
business continuity relating to digital asset
intermediaries; and
(iii) for best practices to--
(I) reduce fraud and manipulation
of digital assets in cash, leveraged,
and derivatives markets;
(II) improve investor protections
for participants in such markets; and
(III) assist in compliance with
anti-money laundering and countering
the financing of terrorism obligations
under the Bank Secrecy Act.
(2) Report limited to sec and cftc authorities.--The
analysis and recommendations provided under subparagraphs (A)
and (B) of paragraph (1) may only relate to the laws,
regulations, and related matters that are under the primary
jurisdiction of the Securities and Exchange Commission or the
Commodity Futures Trading Commission.
(d) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Working Group.
(e) Termination.--
(1) In general.--The Working Group shall terminate on the
date that is 1 year after the date of the enactment of this
section, except that the Chairman of the Securities and
Exchange Commission and the Chairman of the Commodity Futures
Trading Commission may, jointly, extend the Working Group for a
longer period, not to exceed 1 year.
(2) Second report in the case of extension.--In the case of
an extension of the Working Group under paragraph (1), the
Working Group shall, not later than the last day of such
extension, submit to the Securities and Exchange Commission,
the Commodity Futures Trading Commission, and the relevant
committees a report that contains an update to the analysis and
recommendations required under subparagraphs (A) and (B) of
subsection (c)(1).
(f) Definitions.--In this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
means--
(A) section 21 of the Federal Deposit Insurance Act
(12 U.S.C. 1829b);
(B) chapter 2 of title I of Public Law 91-508 (12
U.S.C. 1951 et seq.); and
(C) subchapter II of chapter 53 of title 31, United
States Code.
(2) Historically-underserved businesses.--The term
``historically-underserved businesses'' means women-owned
businesses, minority-owned businesses, and rural businesses.
(3) Relevant committees.--The term ``relevant committees''
means--
(A) the Committee on Financial Services of the
House of Representatives;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Agriculture of the House of
Representatives; and
(D) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(4) Working group.--The term ``Working Group'' means the
working group established under subsection (a).
SEC. 5125. INCLUDING OF TRIBAL GOVERNMENTS AND TERRITORIES IN THE HIGH-
RISK MONEY LAUNDERING AND RELATED FINANCIAL CRIME AREAS.
(a) Findings.--The Congress finds the following:
(1) According to the Department of Justice, human
trafficking is ``a crime that involves exploiting a person for
labor, services, or commercial sex'', a global illicit trade
that is estimated by Global Financial Integrity to be valued at
more than $150.2 billion each year.
(2) Polaris, the non-governmental organization which runs
the United States National Human Trafficking Hotline, has found
that while human trafficking is a nationwide problem, the
majority of domestic human trafficking victims are ``people who
have historically faced discrimination and its political,
social and economic consequences: people of color, indigenous
communities, immigrants and people who identify as LGBTQ+''.
(3) For this reason, it is important that law enforcement
representing native communities and territories are part of the
national dialogue about countering human trafficking.
(4) The High Intensity Financial Crime Areas program, which
is intended to concentrate law enforcement efforts at the
Federal, State, and local level to combat money laundering in
designated high-intensity money laundering zones, considers
human trafficking among other financial crime issues and
actors.
(5) In each High Intensity Financial Crime Area, a money-
laundering action team, comprised of relevant Federal, State,
and local enforcement authorities, prosecutors, and financial
regulators, works together to coordinate Federal, State, and
local anti-money laundering effort.
(6) The High Intensity Financial Crime Area program does
not currently mandate the inclusion of law enforcement and
other agencies from Tribes and territories.
(7) Further, the National Strategy for Combating Terrorist
and Other Illicit Financing, a valuable report which is
scheduled to sunset in January 2022, does not currently mandate
the inclusion of law enforcement and other agencies from Tribes
and Territories.
(b) National Strategy for Combating Terrorist and Other Illicit
Financing.--The Countering Russian Influence in Europe and Eurasia Act
of 2017 (22 U.S.C. 9501 et seq.) is amended--
(1) in section 261(b)(2)--
(A) by striking ``2020'' and inserting ``2024'';
and
(B) by striking ``2022'' and inserting ``2026'';
(2) in section 262--
(A) in paragraph (1)--
(i) by striking ``in the documents entitled
`2015 National Money Laundering Risk
Assessment' and `2015 National Terrorist
Financing Risk Assessment','' and inserting
``in the documents entitled `2020 National
Strategy for Combating Terrorist and Other
Illicit Financing' and `2022 National Strategy
for Combating Terrorist and Other Illicit
Financing'''; and
(ii) by striking ``the broader counter
terrorism strategy of the United States'' and
inserting ``the broader counter terrorism and
national security strategies of the United
States'';
(B) in paragraph (6)--
(i) by striking ``Prevention of illicit
finance'' and inserting ``prevention,
detection, and defeat of illicit finance'';
(ii) by striking ``private financial
sector'' and inserting ``private sector,
including financial and other relevant
industries,''; and
(iii) by striking ``with regard to the
prevention and detection of illicit finance''
and inserting ``with regard to the prevention,
detection, and defeat of illicit finance'';
(C) in paragraph (7)--
(i) by striking ``Federal, State, and local
officials'' and inserting ``Federal, State,
local, Tribal, and Territory officials''; and
(ii) by inserting after ``State and local
prosecutors,'' the following: ``Tribal and
Territorial law enforcement''; and
(D) in paragraph (8), by striking ``so-called''.
(c) Law Enforcement and Other Agencies From Tribes and
Territories.--Section 5342 of title 31, United States Code is amended--
(1) in subsection (a)(1)(B), by striking ``local, State,
national,'' and inserting ``local, State, national, Tribal,
Territorial,'';
(2) in subsection (a)(2)(A), by striking ``with State'' and
inserting ``with State, Tribal, Territorial,'';
(3) in subsection (c)(3), by striking ``any State or local
official or prosecutor'' and inserting ``any State, local,
Tribe, or Territory official or prosecutor''; and
(4) in subsection (d), by striking ``State and local
governments and State and local law enforcement agencies'' and
inserting ``State, local, Tribal, and Territorial governments
and State, local, Tribal, and Territorial agencies''.
(d) Financial Crime-Free Communities Support Program.--
(1) In general.--Section 5351 of title 31, United States
Code, is amended by striking ``to support local law enforcement
efforts'' and inserting`` to support local, Tribal, and
Territorial law enforcement efforts''.
(2) Program authorization.--Section 5352 of title 31,
United States Code, is amended--
(A) in subsection (a), by striking ``State or
local'' in each place it occurs and inserting ``State,
local, Tribal, or Territorial''; and
(B) in subsection (c)--
(i) by striking ``State or local'' and
inserting ``State, local, Tribal, or
Territorial''; and
(ii) in paragraph (1), by striking ``State
law'' and inserting ``State, Tribal, or
Territorial law''.
(3) Information collection and dissemination.--Section
5353(b)(3)(A) of title 31, United States Code, is amended by
striking ``State local law enforcement agencies'' and inserting
``State, local, Tribal, and Territorial law enforcement
agencies''.
(4) Grants for fighting money laundering and related
financial crimes.--Section 5354 of title 31, United States
Code, is amended--
(A) by striking ``State or local law enforcement''
and inserting ``State, local, Tribal, or Territorial
law enforcement'';
(B) by striking ``State and local law enforcement''
and inserting ``State, local, Tribal, and Territorial
law enforcement''; and
(C) by striking ``Federal, State, and local
cooperative law enforcement'' and inserting ``Federal,
State, local, Tribal, and Territorial cooperative law
enforcement''.
SEC. 5126. REPORT BY THE PRESIDENT ON CURRENT STATUS OF ACTIVITIES
RELATING TO COVID-19 TESTING UNDER THE DEFENSE PRODUCTION
ACT OF 1950.
(a) Report.-- Not later than 90 days after the date of the
enactment of this section, the President, in consultation with the
Administrator of the Federal Emergency Management Agency, the Secretary
of Defense, and the Secretary of Health and Human Services, shall
submit to the Congress a report on efforts undertaken to carry out
section 3101 of the American Rescue Plan Act of 2021, and the
expenditure of the $10,000,000,000 appropriated for such purpose.
(b) Contents.--The report required by subsection (a) shall include
information on--
(1) amounts appropriated pursuant to section 3101(a) of the
American Rescue Plan Act of 2021 that have been spent on
diagnostic products for the detection or diagnosis of the virus
that causes COVID-19 that are described in section
3101(b)(1)(A) of such Act;
(2) the amount of the diagnostic products that have been
produced using amounts appropriated pursuant to such section
3101(a);
(3) the distribution of any diagnostic products that have
been so produced;
(4) the cost to manufacture and the price to consumers of
any such diagnostic products that have been so produced; and
(5) any plans for the expenditure, before September 30,
2025, of unspent funds appropriated pursuant to such section
3101(a).
SEC. 5127. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the Secretary of the Treasury shall
issue a report to the Committees on Financial Services and Foreign
Affairs of the House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Foreign Relations of the Senate that
includes a copy of any license issued by the Secretary in the preceding
180 days that authorizes a United States financial institution (as
defined under section 561.309 of title 31, Code of Federal Regulations)
to provide financial services benefitting--
(1) a state sponsor of terrorism; or
(2) a person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova Jackson-
Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012 (Public Law 112-208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328, the Global Magnitsky Human Rights Accountability
Act).
(C) Executive Order No. 13818.
SEC. 5128. FINCEN EXCHANGE.
Section 310(d) of title 31, United States Code, is amended--
(1) in paragraph (2), by inserting ``other relevant private
sector entities,'' after ``financial institutions,'';
(2) in paragraph (3)(A)(i)(II), by inserting ``and other
relevant private sector entities'' after ``financial
institutions''; and
(3) in paragraph (5)--
(A) in subparagraph (A), by inserting ``or other
relevant private sector entity'' after ``financial
institution''; and
(B) in subparagraph (B)--
(i) by striking ``Information'' and
inserting the following:
``(i) Use by financial institutions.--
Information''; and
(ii) by adding at the end the following:
``(ii) Use by other relevant private sector
entities.--Information received by a relevant
private sector entity that is not a financial
institution pursuant to this section shall not
be used for any purpose other than assisting a
financial institution in identifying and
reporting on activities that may involve the
financing of terrorism, money laundering,
proliferation financing, or other financial
crimes, or in assisting FinCEN or another
agency of the U.S. Government in mitigating the
risk of the financing of terrorism, money
laundering, proliferation financing, or other
criminal activities.''.
SEC. 5129. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL FINANCIAL
INSTITUTIONS.
(a) In General.--It is the policy of the United States that it will
not recognize or deal with the State Administration Council, or any
successor entity controlled by the military, as the government of Burma
for the purpose of the provision of assistance from the international
financial institutions.
(b) International Financial Institution Defined.--In subsection
(a), the term ``international financial institution'' means the
International Monetary Fund, the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, and the Asian Development Bank.
(c) Position of the United States.--Title XVI of the International
Financial Institutions Act (22 U.S.C. 262p-262p-13) is amended by
adding at the end the following:
``SEC. 1630. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL
FINANCIAL INSTITUTIONS.
``(a) In General.--The Secretary of Treasury shall instruct the
United States Executive Director at each international financial
institution to notify the respective institution that the provision of
any assistance to Burma through the State Administration Council, or
any successor entity controlled by the military, except for
humanitarian assistance channeled through an independent implementing
agency, such as the United Nations Office for Project Services (UNOPS),
that would be responsible for financial management, procurement of
goods and services, and control of the flow of funds from the
international financial institution, would be cause for a serious
review of future United States participation in the institution.
``(b) International Financial Institution Defined.--In subsection
(a), the term `international financial institution' means the
International Monetary Fund, the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, and the Asian Development Bank.''.
TITLE LII--RECOMMENDATIONS OF THE NATIONAL SECURITY COMMISSION ON
ARTIFICIAL INTELLIGENCE
SEC. 5201. MODIFICATION OF NATIONAL DEFENSE SCIENCE AND TECHNOLOGY
STRATEGY.
Section 218(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Not later than February 4, 2019, the
Secretary of Defense shall develop a strategy'' and
inserting ``The Under Secretary of Defense for Research
and Engineering, pursuant to guidance provided by the
Deputy Secretary of Defense for purposes of this
section and in coordination with the entities specified
in paragraph (3), shall develop a strategy--'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(C) to establish an integrated and enduring
approach to the identification, prioritization,
development, and fielding of emerging capabilities and
technologies, including artificial intelligence-enabled
applications.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``be aligned
with the National Defense Strategy and'' and inserting
``inform the development of each National Defense
Strategy under section 113(g) of title 10, United
States Code, and be aligned with'';
(B) in subparagraph (B), in the matter preceding
clause (i), by inserting ``investments,'' after
``goals,'';
(C) in subparagraph (C), by striking ``and'' at the
end;
(D) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(E) by adding at the end the following new
subparagraphs:
``(E) identify critical capabilities and
technological applications required to address
operational challenges outlined in the National Defense
Strategy;
``(F) assess existing capabilities and
technologies, including dual-use commercial
technologies;
``(G) based on the determinations made under
subparagraphs (E) and (F), inform the agenda of the
Department's research and development organizations,
including the Defense Advanced Research Projects
Agency, the defense laboratories, university affiliated
research centers, and federally funded research and
development centers, by identifying potentially
disruptive and useful technologies and applications
that warrant long-term, exploratory investment;
``(H) employ a portfolio management approach for
pursuing such technologies and applications;
``(I) build a framework for the rapid integration
of existing capabilities and technologies to close
near-term capability gaps;
``(J) provide informed consideration of which
technical areas the Department should be working to
advance, and which areas the Department should work to
incorporate commercial technology; and
``(K) develop a consistent and transparent approach
to strategic defense technology priorities to enable
industry to invest deliberately in emerging
technologies to build and broaden the capabilities of
the industrial base.''.
(3) by striking paragraphs (3) and (4);
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(5) by inserting after paragraph (2) the following new
paragraphs:
``(3) Coordination.--The Under Secretary of Defense for
Research and Engineering shall develop the strategy under
paragraph (1) in coordination with relevant entities within the
Office of the Secretary of Defense, the military departments,
the research organizations of Defense Agencies and Department
of Defense Field Activities, the intelligence community,
defense and technology industry partners, research and
development partners, other Federal research agencies, and
allies and partners of the United States.
``(4) Considerations.--In developing the strategy under
paragraph (1), the Under Secretary of Defense for Research and
Engineering shall--
``(A) be informed by the operational challenges
identified in the National Defense Strategy and the
technological threats and opportunities identified
through the global technology review and assessment
activities of the Department of Defense, the
intelligence community, and other technology partners;
``(B) support the deliberate development of
capabilities based on military requirements and the
opportunistic development of capabilities based on
emerging technologies;
``(C) synchronize and integrate the perspectives of
members of the covered Armed Forces and technologists;
``(D) work to align the Department of Defense and
the intelligence community to improve interoperability
and promote efficiencies;
``(E) balance investments based on near-term and
long-term time horizons and technology maturation,
including--
``(i) mature and commercially available
technologies and applications to address near-
term capability gaps and operational
requirements;
``(ii) disruptive technologies to enable
transformative capabilities and operational
concepts over the longer-term; and
``(iii) foundational research and
development and technologies required for long-
term innovation;
``(F) provide strategic guidance to the research,
engineering, and acquisition communities of the
Department of Defense and to the defense and technology
industries that support the Department; and
``(G) consider the ethical and responsible
development and use of emerging technologies.
``(5) Reports and updates.--
``(A) Initial report.--Not later than 60 days after
the date on which the Under Secretary of Defense for
Research and Engineering completes the development of
the initial strategy under paragraph (1), the Under
Secretary shall submit to the congressional defense
committees a report that includes such strategy.
``(B) Subsequent reports and updates.--Not later
than the first Monday in February of the year following
each fiscal year during which the National Defense
Strategy is submitted under section 113(g) of title 10,
United States Code, the Under Secretary of Defense for
Research and Engineering shall submit to the
congressional defense committees a report that includes
an updated version of the strategy under paragraph (1).
Each update to such strategy shall be prepared for
purposes of such report based on emerging requirements,
technological developments in the United States, and
technical intelligence derived from global technology
reviews conducted by the Secretary of Defense.
``(C) Form of reports.--The reports submitted under
subparagraphs (A) and (B) shall be submitted in
unclassified form, but may include a classified
annex.'';
(6) in paragraph (6), as so redesignated--
(A) by striking ``14 days'' and inserting ``90
days''; and
(B) by striking ``the Secretary'' and inserting
``the Under Secretary of Defense for Research and
Engineering''; and
(7) by adding at the end the following new paragraph:
``(8) Covered armed force defined.--In this section, the
term `covered Armed Force' means the Army, Navy, Air Force,
Marine Corps, and Space Force.''.
SEC. 5202. DEPARTMENT OF DEFENSE PLAN TO COMPETE IN THE GLOBAL
INFORMATION ENVIRONMENT.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing the plan of the Secretary for the
Department of Defense to compete and win in the global information
environment. Such plan shall address the global information environment
as an arena of competition that is vital to the national security and
defense of the United States.
(b) Issues to Be Addressed.--The report required by subsection (a)
shall address each of the following:
(1) How the Department will prioritize the global
information environment as an arena for international
competition, including a plan for how it will support the
larger whole-of-government efforts.
(2) How adversarial foreign countries and non-state actors
are attempting to define and control the global information
environment to shape global opinion and achieve strategic
advantage.
(3) The critical role of artificial intelligence-enabled
malign information in the efforts of adversarial foreign
countries and non-state actors to shape global opinion and
achieve strategic advantage.
(4) Actions to defend, counter, and compete against malign
information operations as a national security threat while
proactively influencing and deterring adversaries in the global
information environment, including a prioritization of such
actions.
(5) If the Secretary determines necessary, critical weapon
systems and infrastructure designations to update sector-
specific plans to reflect emerging technologies.
(6) An evaluation of the sufficiency of Department of
Defense organizational structures and resources to counter and
compete against threats and challenges in the global
information environment.
SEC. 5203. RESOURCING PLAN FOR DIGITAL ECOSYSTEM.
(a) Plan Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall develop a plan
detailing the requisite investments required to develop and implement
Department of Defense strategy and guidance documents for a modern,
robust digital ecosystem.
(b) Documents for Implementation.--The plan required under
subsection (a) shall include a description of the aggregated and
consolidated financial and personnel requirements necessary to
implement each of the following Department of Defense documents:
(1) The Department of Defense Digital Modernization
Strategy.
(2) The Department of Defense Data Strategy.
(3) The Department of Defense Cloud Strategy.
(4) The Department of Defense Software Modernization
Strategy.
(5) The Department-wide software science and technology
strategy required under section 255 of the National Defense
Authorization Act for Fiscal Year 2020.
(6) The Department of Defense Artificial Intelligence Data
Initiative.
(7) The Joint All-Domain Command and Control Strategy.
(8) Such other documents as the Secretary determines
appropriate.
(c) Contents of Plan.--The plan required under subsection (a) shall
include each of the following:
(1) A description of the resources, personnel, processes,
reforms, and other requisite components to enable development,
testing, fielding, and continuous update of artificial
intelligence-powered applications at speed and scale from
headquarters to the tactical edge.
(2) An evolving reference design and guidance for needed
technical investments in the proposed digital ecosystem that
addresses issues, including common interfaces, authentication,
applications, platforms, software, hardware, and data
infrastructure.
(3) A governance structure, together with associated
policies and guidance, to drive the implementation of the plan
throughout the Department of Defense on a federated basis.
(d) Submission to Congress.--Not later than seven days after the
completion of the plan required under subsection (a), the Secretary of
Defense shall submit the plan to the congressional defense committees.
SEC. 5204. DIGITAL TALENT RECRUITING OFFICER.
(a) Digital Talent Recruiting for the Department of Defense.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a chief digital recruiting officer within the office
of the Under Secretary of Defense for Personnel and Readiness
to carry out the responsibilities set forth in paragraph (2).
(2) Responsibilities.--The chief digital recruiting officer
shall be responsible for--
(A) identifying Department of Defense needs for,
and skills gaps in, specific types of civilian digital
talent;
(B) recruiting individuals with the skill that meet
the needs and skills gaps identified in paragraph
(2)(A), in partnership with the military services and
defense components, including by attending conferences
and career fairs, and actively recruiting on university
campuses and from the private sector;
(C) ensuring Federal scholarship for service
programs are incorporated into civilian recruiting
strategies;
(D) when appropriate and within authority granted
under other Federal law, offering recruitment and
referral bonuses; and
(E) partnering with human resource teams in the
military services and defense components to help train
all Department of Defense human resources staff on the
available hiring flexibilities to accelerate the hiring
of individuals with the skills that fill the needs and
skills gaps identified in paragraph (2)(A).
(3) Resources.--The Secretary of Defense shall ensure that
the chief digital recruiting officer is provided with personnel
and resources sufficient to carry out the duties set forth in
paragraph (2).
(4) Role of chief human capital officer.--
(A) In general.--The chief digital recruiting
officer shall report directly to the Chief Human
Capital Officer.
(B) Incorporation.--The Chief Human Capital Officer
shall ensure that the chief digital recruiting officer
is incorporated into the agency human capital operating
plan and recruitment strategy. In carrying out this
paragraph, the Chief Human Capital Officer shall ensure
that the chief digital recruiting officer's
responsibilities are deconflicted with any other
recruitment initiatives and programs.
(b) Digital Talent Defined.--For the purposes of this section, the
term ``digital talent'' includes positions and capabilities in, or
related to, software development, engineering, and product management;
data science; artificial intelligence; distributed ledger technologies;
autonomy; data management; product and user experience design; and
cybersecurity.
SEC. 5205. OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS.
Not later than 270 days after the date of the enactment of this
Act, the Director of the Office of Personnel Management shall, pursuant
to chapter 51 of title 5, United States Code, establish or update one
or more occupational series covering Federal Government positions in
the fields of software development, software engineering, data science,
and data management.
SEC. 5206. ARTIFICIAL INTELLIGENCE READINESS GOALS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall review the
potential applications of artificial intelligence and digital
technology to Department of Defense platforms, processes and
operations, and establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and digital
readiness into such platforms, processes, and operations.
(b) Skills Gaps.--As a part of the review required by subsection
(a), the Secretary shall direct the military departments and defense
components to--
(1) conduct a comprehensive review of skill gaps in the
fields of software development, software engineering, knowledge
management, data science, and artificial intelligence;
(2) assess the number and qualifications of civilian
personnel needed for both management and specialist tracks in
such fields; and
(3) establish recruiting, training, and talent management
goals to achieve and maintain staffing levels needed to fill
identified gaps and meet the Department's needs for skilled
personnel.
(c) Report to Congress.--Not later than 120 days after the
completion of the review required by subsection (a), the Secretary
shall report to Congress on the findings of the review and any action
taken or proposed to be taken by the Secretary to address such
findings.
SEC. 5207. PILOT PROGRAM TO FACILITATE THE AGILE ACQUISITION OF
TECHNOLOGIES FOR WARFIGHTERS.
(a) Establishment.--Subject to the availability of appropriations
in a program element for this purpose, the Secretary of Defense shall
establish and carry out a pilot program to be known as the ``Warfighter
Innovation Transition Project'' (referred to in this section as the
``Project''). Under the Project, the Secretary shall seek to make
grants to, or enter into contracts or other agreements with, technology
producers--
(1) to facilitate the agile acquisition of technologies,
including capabilities, software, and services, to support
warfighters; and
(2) to transition such technologies, including technologies
developed from pilot programs, prototype projects, or other
research and development programs, from the prototyping phase
to production for implementation within the Department of
Defense.
(b) Administration.--The Deputy Secretary of Defense shall
administer the Project in coordination with the Joint Staff, the
service acquisition executive of each military department, Under
Secretary of Defense for Research and Engineering, and the Under
Secretary of Defense for Acquisition and Sustainment.
(c) Activities.--A technology producer that receives a grant,
contract, or other agreement under the Project may conduct the
following activities under such grant, contract, or other agreement:
(1) To provide commercially available technologies to each
Secretary of a military department and commanders of combatant
commands to support warfighters.
(2) To build and strengthen relationships of the Department
of Defense with nontraditional defense contractors (as defined
in section 2302 of title 10, United States Code) in the
technology industry that may have unused or underused solutions
to the specific operational challenges of the Department.
(d) Subsequent Awards.--A technology producer may receive a
subsequent grant, contract, or other agreement under the Project if--
(1) the duration of such subsequent grant, contract, or
other agreement is not more than three years; and
(2) the amount of such subsequent grant, contract, or other
agreement is not greater than $50,000,000 per fiscal year.
(e) Priority of Awards.--In providing assistance under the Project,
the Deputy Secretary of Defense shall give preference to technology
producers that--
(1) offer commercial products or commercial services, as
required by section 2377 of title 10, United States Code; and
(2) are developing a technology or a potential technology
that has received a grant, contract, or other agreement from--
(A) the Small Business Innovation Research Program
or Small Business Technology Transfer Program (as such
terms are defined, respectively, in section 9 of the
Small Business Act (15 U.S.C. 638)); or
(B) another acquisition program of the Department
of Defense.
(f) Data Collection.--
(1) Plan required before implementation.--The Secretary of
Defense may not commence the Project until the date on which
the Secretary--
(A) completes a plan for carrying out the data
collection required under paragraph (2); and
(B) submits the plan to the congressional defense
committees.
(2) Data collection required.--The Secretary of Defense
shall collect and analyze data on the Project for the purposes
of--
(A) developing and sharing best practices for
achieving the objectives of the Project;
(B) providing information to the Secretary of
Defense on the implementation of the Project and
related policy issues; and
(C) reporting to the congressional defense
committees as required under subsection (g).
(g) Biannual Reports.--Not later than March 1 and September 1 of
each year beginning after the date of the enactment of this Act until
the termination of the Project, the Secretary of Defense, in
coordination with the Joint Staff, the applicable service acquisition
executive of each military department, Under Secretary of Defense for
Research and Engineering, and the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional defense
committees a report on the use of funds under the Project. Each such
report shall include the following:
(1) An explanation how grants, contracts, or other
agreements made under the Project met mission requirements
during the period covered by the report, including--
(A) the value of each grant, contract, or other
agreement made under the Project;
(B) a description of the technology funded with
such grant, contract, or other agreement; and
(C) the estimate future costs of such technology
for the successful transition of such technology to
implementation within the Department of Defense.
(2) A description of the capabilities being tested under
the Project as of the date of the report and the proposed path
to implement such capabilities within the Department.
(3) The data and analysis required under subsection (f).
(4) A list and detailed description of lessons learned from
the Project as of the date of the report.
(h) Termination.--The Project shall terminate on December 31, 2026.
(i) Definitions.--In this section:
(1) The term ``agile acquisition'' means acquisition using
agile or iterative development.
(2) The term ``agile or iterative development''--
(A) means acquisition pursuant to a method for
delivering multiple, rapid, incremental capabilities to
the user for operational use, evaluation, and feedback
not exclusively linked to any single, proprietary
method or process; and
(B) involves--
(i) the incremental development and
fielding of capabilities which can be measured
in short timeframe; and
(ii) continuous participation and
collaboration by users, testers, and
requirements authorities.
(3) The term ``technology producer'' means an individual or
entity engaged in the research, development, production, or
distribution of science or technology that--
(A) the Secretary of Defense determines may be of
use to the Department of Defense;
(B) at the time of receipt of a grant, contract, or
other agreement under the Project, has performed or is
performing one or more contracts with the Department of
Defense, where such contracts have a total value that
does not exceed $500,000,000.
(4) The term ``warfighter'' means a member of the Armed
Forces (other than the Coast Guard).
SEC. 5208. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR CIVILIAN
LEADERS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish a short
course on emerging technologies for senior executive-level civilian
leaders. The short course shall be taught on an iterative, two-year
cycle and shall address the most recent, most relevant technologies and
how these technologies may be applied to military and business outcomes
in the Department of Defense.
(b) Throughput Objectives.--In assessing participation in the short
course authorized by subsection (a), the Secretary of Defense shall
ensure that--
(1) in the first year that the course is offered, no fewer
than twenty percent of senior executive-level civilian leaders
are certified as having passed the short course required by
subsection (a); and
(2) in each subsequent year, an additional ten percent of
senior executive-level civilian leaders are certified as having
passed such course, until such time as eighty percent of such
leaders are so certified.
SEC. 5209. REPORTS ON RECOMMENDATIONS OF NATIONAL SECURITY COMMISSION
ON ARTIFICIAL INTELLIGENCE REGARDING DEPARTMENT OF
DEFENSE.
(a) Reports Required.--Not later than one year after the date of
the enactment of this Act, and one year thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
on the recommendations made by the National Security Commission on
Artificial Intelligence with respect to the Department of Defense. Each
such report shall include--
(1) for each such recommendation, a determination of
whether the Secretary of Defense intends to implement the
recommendation;
(2) in the case of a recommendation the Secretary intends
to implement, the intended timeline for implementation, a
description of any additional resources or authorities required
for such implementation, and the plan for such implementation;
(3) in the case of a recommendation the Secretary
determines is not advisable or feasible, the analysis and
justification of the Secretary in making that determination;
and
(4) in the case of a recommendation the Secretary
determines the Department is already implementing through a
separate line of effort, the analysis and justification of the
Secretary in making that determination.
(b) Briefings.-- Not less frequently than twice each year during
the two-year period beginning on the date of the enactment of this Act,
the Secretary of Defense shall provide to the congressional defense
committees briefings on the progress of the Secretary in analyzing and
implementing the recommendations made by the National Security
Commission on Artificial Intelligence with respect to the Department of
Defense.
(c) Budget Materials.--The Secretary of Defense shall include in
the annual budget submission of the President under section 1105(a) of
title 31, United States Code, for each of fiscal years 2023 and 2024, a
report listing the funding and programs of the Department of Defense
that advance the recommendations of the National Security Commission on
Artificial Intelligence.
SEC. 5210. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL REPORT.
Subsection (d) of section 1303 of the Homeland Security Act of 2002
(Public Law 107-296; 5 U.S.C. 1401 note) is amended to read as follows:
``(d) Annual Reports.--
``(1) Council report.--Each year, the Chief Human Capital
Officers Council shall submit a report to Congress and the
Director of the Office of Personnel Management that includes
the following:
``(A) A description of the activities of the
Council.
``(B) A description of employment barriers that
prevent the agency from hiring qualified applicants,
including those for digital talent positions, and
recommendations for addressing the barriers that would
allow agencies to more effectively hire qualified
applicants.
``(2) OPM report.--Not later than 60 days after the
Director receives a report under paragraph (1), the Director
shall submit to Congress and the Council a report that details
how the Office plans to address the barriers and
recommendations identified by the Council in their report.
``(3) Publication.--The Director shall--
``(A) not later than 30 days after receiving a
report under paragraph (1), make that report publicly
available on the Office's website; and
``(B) on the date the Director submits the report
under paragraph (2), make that report publicly
available on such website.''.
SEC. 5211. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE FOR RESEARCH
AND ENGINEERING ON THE JOINT REQUIREMENTS OVERSIGHT
COUNCIL.
(a) In General.--Section 181 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``the Secretary of Defense and'' before ``the
Chairman'';
(B) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) increasing awareness of global technology trends,
threats, and adversary capabilities to address gaps in joint
military capabilities and validate technical feasibility of
requirements developed by the military departments;'';
(D) in subparagraph (B) of paragraph (4) (as so
redesignated), by inserting ``the Secretary of Defense
and'' before ``the Chairman''; and
(E) in paragraph (5) (as so redesignated), by
inserting ``the Secretary of Defense and'' before ``the
Chairman'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B)
through (F) as subparagraphs (C) through (G),
respectively; and
(ii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) The Under Secretary of Defense for Research
and Engineering, who shall serve as the Chief Science
Advisor to the Council.''; and
(B) in paragraph (2), by striking ``subparagraphs
(B), (C), (D), and (E)'' and inserting ``subparagraphs
(C), (D), (E), and (F)''; and
(3) in subsection (d)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (H)
as subparagraphs (D) through (G), respectively.
(b) Recommendation on Extension.--Not later than March 1, 2023, the
Secretary of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, the Under Secretary of Defense for Research and
Engineering, and the Under Secretary of Defense for Acquisition and
Sustainment, shall submit to the congressional defense committees a
recommendation regarding whether the Under Secretary of Defense for
Research and Engineering should be designated as the co-chair of the
Joint Requirements Oversight Council. The report should include the
reasons behind the recommendation and a description of the additional
resources and staff that would be required to support such designation.
The report may also include input from each member or advisor of the
Joint Requirements Oversight Council.
TITLE LIII--GREAT LAKES WINTER SHIPPING
SEC. 5301. GREAT LAKES WINTER SHIPPING.
(a) Short Title.--This section may be cited as the ``Great Lakes
Winter Shipping Act of 2021''.
(b) Great Lakes Icebreaking Operations.--
(1) GAO report.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on Coast Guard icebreaking in the Great Lakes.
(B) Elements.--The report required under
subparagraph (A) shall--
(i) evaluate--
(I) the economic impact related to
vessel delays or cancellations
associated with ice coverage on the
Great Lakes;
(II) the impact the standards
proposed in paragraph (2) would have on
Coast Guard operations in the Great
Lakes if such standards were adopted;
(III) the fleet mix of medium
icebreakers and icebreaking tugs
necessary to meet the standards
proposed in paragraph (2); and
(IV) the resources necessary to
support the fleet described in
subclause (III), including billets for
crew and operating costs; and
(ii) make recommendations to the Commandant
for improvements to the Great Lakes icebreaking
program, including with respect to facilitating
shipping and meeting all Coast Guard mission
needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards, the impact of the adoption of which is
evaluated in subclauses (II) and (III) of paragraph (1)(B)(i),
are the following:
(A) Except as provided in subparagraph (B), that
ice-covered waterways in the Great Lakes shall be open
to navigation not less than 90 percent of the hours
that vessels engaged in commercial service and ferries
attempt to transit such ice-covered waterways.
(B) In a year in which the Great Lakes are not open
to navigation as described in subparagraph (A) because
of ice of a thickness that occurs on average only once
every 10 years, ice-covered waterways in the Great
Lakes shall be open to navigation at least 70 percent
of the hours that vessels engaged in commercial service
and ferries attempt to transit such ice-covered
waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report under
paragraph (1), the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes the following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
paragraph (1)(B)(ii) with which the Commandant concurs.
(B) With respect to any recommendation made under
paragraph (1)(B)(ii) with which the Commandant does not
concur, an explanation of the reasons why the
Commandant does not concur.
(C) A review of, and a proposed implementation plan
for, the results of the fleet mix analysis under
paragraph (1)(B)(i)(III).
(D) Any proposed modifications to current Coast
Guard Standards for icebreaking operations in the Great
Lakes.
(4) Pilot program.--During the 5 ice seasons following the
date of enactment of this Act, the Coast Guard shall conduct a
pilot program to determine the extent to which the current
Coast Guard Great Lakes icebreaking cutter fleet can meet the
proposed standards described in paragraph (2).
(c) Data on Icebreaking Operations in the Great Lakes.--
(1) In general.--The Commandant shall collect, during ice
season, archive, and disseminate data on icebreaking operations
and transits on ice-covered waterways in the Great Lakes of
vessels engaged in commercial service and ferries.
(2) Elements.--Data collected, archived, and disseminated
under paragraph (1) shall include the following:
(A) Voyages by vessels engaged in commercial
service and ferries to transit ice-covered waterways in
the Great Lakes that are delayed or cancelled because
of the nonavailability of a suitable icebreaking
vessel.
(B) Voyages attempted by vessels engaged in
commercial service and ferries to transit ice-covered
waterways in the Great Lakes that do not reach their
intended destination because of the nonavailability of
a suitable icebreaking vessel.
(C) The period of time that each vessel engaged in
commercial service or ferry was delayed in getting
underway or during a transit of ice-covered waterways
in the Great Lakes due to the nonavailability of a
suitable icebreaking vessel.
(D) The period of time elapsed between each request
for icebreaking assistance by a vessel engaged in
commercial service or ferry and the arrival of a
suitable icebreaking vessel and whether such
icebreaking vessel was a Coast Guard or commercial
asset.
(E) The percentage of hours that Great Lakes ice-
covered waterways were open to navigation, as defined
by this section, while vessels engaged in commercial
service and ferries attempted to transit such waterways
for each ice season after the date of enactment of this
section.
(F) Relevant communications of each vessel engaged
in commercial service or ferry with the Coast Guard or
commercial icebreaking service providers with respect
to subparagraphs (A) through (D).
(G) A description of any mitigating circumstance,
such as Coast Guard Great Lakes icebreaker diversions
to higher priority missions, that may have contributed
to the amount of time described in subparagraphs (C)
and (D) or the percentage of time described in
subparagraph (E).
(3) Voluntary reporting.--Any reporting by operators of
commercial vessels engaged in commercial service or ferries
under this Act shall be voluntary.
(4) Public availability.--The Commandant shall make the
data collected, archived and disseminated under this subsection
available to the public on a publicly accessible internet
website of the Coast Guard.
(5) Consultation with industry.--With respect to the Great
Lakes icebreaking operations of the Coast Guard and the
development of the data collected, archived, and disseminated
under this subsection, the Commandant shall consult operators
of vessel engaged in commercial service and ferries.
(6) Definitions.--In this subsection:
(A) Vessel.--The term ``vessel'' has the meaning
given such term in section 3 of title 1, United States
Code.
(B) Commercial service.--The term ``commercial
service'' has the meaning given such term in section
2101(4) of title 46, United States Code.
(C) Great lakes.--The term ``Great Lakes''--
(i) has the meaning given such term in
section 118 of the Federal Water Pollution
Control Act (33 U.S.C. 1268); and
(ii) includes harbors adjacent to such
waters.
(D) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes, as
defined by subparagraph (C), in which vessels engaged
in commercial service or ferries operate that is 70
percent or greater covered by ice, but does not include
any waters adjacent to piers or docks for which
commercial icebreaking services are available and
adequate for the ice conditions.
(E) Open to navigation.--The term ``open to
navigation'' means navigable to the extent necessary to
meet the reasonable demands of shipping, minimize
delays to passenger ferries, extricate vessels and
persons from danger, prevent damage due to flooding,
and conduct other Coast Guard missions as required.
(F) Reasonable demands of shipping.--The term
``reasonable demands of shipping'' means the safe
movement of vessels engaged in commercial service and
ferries transiting ice-covered waterways in the Great
Lakes to their intended destination, regardless of type
of cargo.
(d) Great Lakes Icebreaker Acquisition.--Of the amounts authorized
to be appropriated under section 4902(2)(A)(ii) of title 14, United
States Code--
(1) for fiscal year 2022, $350,000,000 shall be made
available to the Commandant for the acquisition of a Great
Lakes icebreaker at least as capable as Coast Guard Cutter
Mackinaw (WLBB-30); and
(2) for fiscal year 2023, $20,000,000 shall be made
available to the Commandant for the design and selection of
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as appropriate,
that are at least as capable as the Coast Guard 140-foot
icebreaking tugs.
(e) Prohibition on Contract or Use of Funds for Development of
Common Hull Design.--Section 8105 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by striking subsection (b) and inserting the
following:
``(b) Report.--Not later than 90 days after the date of the
enactment of this subsection, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representative a report on the operational benefits and limitations of
a common hull design for icebreaking cutters for operation in the Great
Lakes, the Northeastern United States, and the Arctic, as appropriate,
that are at least as capable as the Coast Guard 140-foot icebreaking
tugs.''.
SEC. 5302. LAW ENFORCEMENT ATTACHE DEPLOYMENT.
(a) In General.--Beginning in fiscal year 2021, the Secretary of
the Interior, acting through the Director of the United States Fish and
Wildlife Service, in consultation with the Secretary of State, shall
require the Chief of Law Enforcement of the United States Fish and
Wildlife Service to hire, train, and deploy not fewer than 50 new
United States Fish and Wildlife Service law enforcement attaches, and
appropriate additional support staff, at one or more United States
embassies, consulates, commands, or other facilities--
(1) in one or more countries designated as a focus country
or a country of concern in the most recent report submitted
under section 201 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621); and
(2) in such additional countries or regions, as determined
by the Secretary of Interior, that are known or suspected to be
a source of illegal trade of species listed--
(A) as threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) under appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna
and Flora, done at Washington March 3, 1973 (27 UST
1087; TIAS 8249); or
(C) on the International Union for the Conservation
of Nature's Red List of Threatened Species.
(b) Funding.--There is authorized to be appropriated to carry out
this section $150,000,000 for each of fiscal years 2021 through 2030.
TITLE LIV--SAFE BANKING
SEC. 5401. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.
(a) Short Title.--This title may be cited as the ``Secure And Fair
Enforcement Banking Act of 2021'' or the ``SAFE Banking Act of 2021''.
(b) Table of Contents.--The table of contents for this title is as
follows:
TITLE LIV--SAFE BANKING
Sec. 5401. Short title; table of contents; purpose.
Sec. 5402. Safe harbor for depository institutions.
Sec. 5403. Protections for ancillary businesses.
Sec. 5404. Protections under Federal law.
Sec. 5405. Rules of construction.
Sec. 5406. Requirements for filing suspicious activity reports.
Sec. 5407. Guidance and examination procedures.
Sec. 5408. Annual diversity and inclusion report.
Sec. 5409. GAO study on diversity and inclusion.
Sec. 5410. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5411. Application of this title with respect to hemp-related
legitimate businesses and hemp-related
service providers.
Sec. 5412. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5413. Requirements for deposit account termination requests and
orders.
Sec. 5414. Definitions.
Sec. 5415. Discretionary surplus funds.
(c) Purpose.--The purpose of this title is to increase public
safety by ensuring access to financial services to cannabis-related
legitimate businesses and service providers and reducing the amount of
cash at such businesses.
SEC. 5402. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) In General.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance or
share insurance of a depository institution under the
Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.),
the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
or take any other adverse action against a depository
institution under section 8 of the Federal Deposit
Insurance Act (12 U.S.C. 1818) solely because the
depository institution provides or has provided
financial services to a cannabis-related legitimate
business or service provider;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial
services to a cannabis-related legitimate business or
service provider or to a State, political subdivision
of a State, or Indian Tribe that exercises jurisdiction
over cannabis-related legitimate businesses;
(3) recommend, incentivize, or encourage a
depository institution not to offer financial services
to an account holder, or to downgrade or cancel the
financial services offered to an account holder solely
because--
(A) the account holder is a cannabis-
related legitimate business or service
provider, or is an employee, owner, or operator
of a cannabis-related legitimate business or
service provider;
(B) the account holder later becomes an
employee, owner, or operator of a cannabis-
related legitimate business or service
provider; or
(C) the depository institution was not
aware that the account holder is an employee,
owner, or operator of a cannabis-related
legitimate business or service provider;
(4) take any adverse or corrective supervisory
action on a loan made to--
(A) a cannabis-related legitimate business
or service provider, solely because the
business is a cannabis-related legitimate
business or service provider;
(B) an employee, owner, or operator of a
cannabis-related legitimate business or service
provider, solely because the employee, owner,
or operator is employed by, owns, or operates a
cannabis-related legitimate business or service
provider, as applicable; or
(C) an owner or operator of real estate or
equipment that is leased to a cannabis-related
legitimate business or service provider, solely
because the owner or operator of the real
estate or equipment leased the equipment or
real estate to a cannabis-related legitimate
business or service provider, as applicable; or
(5) prohibit or penalize a depository institution
(or entity performing a financial service for or in
association with a depository institution) for, or
otherwise discourage a depository institution (or
entity performing a financial service for or in
association with a depository institution) from,
engaging in a financial service for a cannabis-related
legitimate business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--Subsection (a)
shall apply to an institution applying for a depository institution
charter to the same extent as such subsection applies to a depository
institution.
SEC. 5403. PROTECTIONS FOR ANCILLARY BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18, United
States Code, and all other provisions of Federal law, the proceeds from
a transaction involving activities of a cannabis-related legitimate
business or service provider shall not be considered proceeds from an
unlawful activity solely because--
(1) the transaction involves proceeds from a cannabis-
related legitimate business or service provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in
section 5414(4)(B) conducted by a cannabis-related
legitimate business; or
(B) activities described in section 5414(13)(A)
conducted by a service provider.
SEC. 5404. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial service to a
cannabis-related legitimate business (where such cannabis-related
legitimate business operates within a State, political subdivision of a
State, or Indian country that allows the cultivation, production,
manufacture, sale, transportation, display, dispensing, distribution,
or purchase of cannabis pursuant to a law or regulation of such State,
political subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable) or a service provider (wherever
located), a depository institution, entity performing a financial
service for or in association with a depository institution, or insurer
that provides a financial service to a cannabis-related legitimate
business or service provider, and the officers, directors, and
employees of that depository institution, entity, or insurer may not be
held liable pursuant to any Federal law or regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from such a
financial service.
(b) Protections for Federal Reserve Banks and Federal Home Loan
Banks.--With respect to providing a service to a depository institution
that provides a financial service to a cannabis-related legitimate
business (where such cannabis-related legitimate business operates
within a State, political subdivision of a State, or Indian country
that allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable) or service provider (wherever located), a
Federal reserve bank or Federal Home Loan Bank, and the officers,
directors, and employees of the Federal reserve bank or Federal Home
Loan Bank, may not be held liable pursuant to any Federal law or
regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from such a
service.
(c) Protections for Insurers.--With respect to engaging in the
business of insurance within a State, political subdivision of a State,
or Indian country that allows the cultivation, production, manufacture,
sale, transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or service
provider or who otherwise engages with a person in a transaction
permissible under State law related to cannabis, and the officers,
directors, and employees of that insurer may not be held liable
pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions.--A depository institution that
has a legal interest in the collateral for a loan or another
financial service provided to an owner, employee, or operator
of a cannabis-related legitimate business or service provider,
or to an owner or operator of real estate or equipment that is
leased or sold to a cannabis-related legitimate business or
service provider, shall not be subject to criminal, civil, or
administrative forfeiture of that legal interest pursuant to
any Federal law for providing such loan or other financial
service.
(2) Federal reserve banks and federal home loan banks.--A
Federal reserve bank or Federal Home Loan Bank that has a legal
interest in the collateral for a loan or another financial
service provided to a depository institution that provides a
financial service to a cannabis-related legitimate business or
service provider, or to an owner or operator of real estate or
equipment that is leased or sold to a cannabis-related
legitimate business or service provider, shall not be subject
to criminal, civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such loan or
other financial service.
SEC. 5405. RULES OF CONSTRUCTION.
(a) No Requirement to Provide Financial Services.--Nothing in this
title shall require a depository institution, entity performing a
financial service for or in association with a depository institution,
or insurer to provide financial services to a cannabis-related
legitimate business, service provider, or any other business.
(b) General Examination, Supervisory, and Enforcement Authority.--
Nothing in this title may be construed in any way as limiting or
otherwise restricting the general examination, supervisory, and
enforcement authority of the Federal banking regulators, provided that
the basis for any supervisory or enforcement action is not the
provision of financial services to a cannabis-related legitimate
business or service provider.
(c) Business of Insurance.--Nothing in this title shall interfere
with the regulation of the business of insurance in accordance with the
Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.)
(commonly known as the ``McCarran-Ferguson Act'') and the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et
seq.).
SEC. 5406. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended by
adding at the end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a financial
institution or any director, officer, employee, or
agent of a financial institution that reports a
suspicious transaction pursuant to this subsection, if
the reason for the report relates to a cannabis-related
legitimate business or service provider, the report
shall comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. Not later than
the end of the 180-day period beginning on the date of
enactment of this paragraph, the Secretary shall update
the February 14, 2014, guidance titled `BSA
Expectations Regarding Marijuana-Related Businesses'
(FIN-2014-G001) to ensure that the guidance is
consistent with the purpose and intent of the SAFE
Banking Act of 2021 and does not significantly inhibit
the provision of financial services to a cannabis-
related legitimate business or service provider in a
State, political subdivision of a State, or Indian
country that has allowed the cultivation, production,
manufacture, transportation, display, dispensing,
distribution, sale, or purchase of cannabis pursuant to
law or regulation of such State, political subdivision,
or Indian Tribe that has jurisdiction over the Indian
country.
``(B) Definitions.--For purposes of this paragraph:
``(i) Cannabis.--The term `cannabis' has
the meaning given the term `marihuana' in
section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(ii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' has the meaning given that
term in section 5414 of the SAFE Banking Act of
2021.
``(iii) Indian country.--The term `Indian
country' has the meaning given that term in
section 1151 of title 18.
``(iv) Indian tribe.--The term `Indian
Tribe' has the meaning given that term in
section 102 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term
`financial service' has the meaning given that
term in section 5414 of the SAFE Banking Act of
2021.
``(vi) Service provider.--The term `service
provider' has the meaning given that term in
section 5414 of the SAFE Banking Act of 2021.
``(vii) State.--The term `State' means each
of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United
States.''.
SEC. 5407. GUIDANCE AND EXAMINATION PROCEDURES.
Not later than 180 days after the date of enactment of this Act,
the Financial Institutions Examination Council shall develop uniform
guidance and examination procedures for depository institutions that
provide financial services to cannabis-related legitimate businesses
and service providers.
SEC. 5408. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall issue an annual report to
Congress containing--
(1) information and data on the availability of access to
financial services for minority-owned and women-owned cannabis-
related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses.
SEC. 5409. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States shall
carry out a study on the barriers to marketplace entry, including in
the licensing process, and the access to financial services for
potential and existing minority-owned and women-owned cannabis-related
legitimate businesses.
(b) Report.--The Comptroller General shall issue a report to the
Congress--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace entry,
including in the licensing process, and expanding access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
SEC. 5410. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING
CERTAIN PERSONS.
Not later than 2 years after the date of the enactment of this Act,
the Comptroller General of the United States shall carry out a study on
the effectiveness of reports on suspicious transactions filed pursuant
to section 5318(g) of title 31, United States Code, at finding
individuals or organizations suspected or known to be engaged with
transnational criminal organizations and whether any such engagement
exists in a State, political subdivision, or Indian Tribe that has
jurisdiction over Indian country that allows the cultivation,
production, manufacture, sale, transportation, display, dispensing,
distribution, or purchase of cannabis. The study shall examine reports
on suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-related
businesses.
(2) During the 1-year period after date of the enactment of
this Act, reports relating to cannabis-related legitimate
businesses.
SEC. 5411. APPLICATION OF THIS TITLE WITH RESPECT TO HEMP-RELATED
LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.
(a) In General.--The provisions of this title (other than sections
5406 and 5410) shall apply with respect to hemp-related legitimate
businesses and hemp-related service providers in the same manner as
such provisions apply with respect to cannabis-related legitimate
businesses and service providers.
(b) Definitions.--In this section:
(1) CBD.--The term ``CBD'' means cannabidiol.
(2) Hemp.--The term ``hemp'' has the meaning given that
term under section 297A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1639o).
(3) Hemp-related legitimate business.--The term ``hemp-
related legitimate business'' means a manufacturer, producer,
or any person or company that--
(A) engages in any activity described in
subparagraph (B) in conformity with the Agricultural
Improvement Act of 2018 (Public Law 115-334) and the
regulations issued to implement such Act by the
Department of Agriculture, where applicable, and the
law of a State or political subdivision thereof or
Indian Tribe; and
(B) participates in any business or organized
activity that involves handling hemp, hemp-derived CBD
products, and other hemp-derived cannabinoid products,
including cultivating, producing, extracting,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
(4) Hemp-related service provider.--The term ``hemp-related
service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a hemp-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to hemp, hemp-derived CBD products, or
other hemp-derived cannabinoid products; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling hemp, hemp-
derived CBD products, or other hemp-derived cannabinoid
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
SEC. 5412. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND
HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--The Congress finds that--
(1) the Agriculture Improvement Act of 2018 (Public Law
115-334) legalized hemp by removing it from the definition of
``marihuana'' under the Controlled Substances Act;
(2) despite the legalization of hemp, some hemp businesses
(including producers, manufacturers, and retailers) continue to
have difficulty gaining access to banking products and
services; and
(3) businesses involved in the sale of hemp-derived CBD
products are particularly affected, due to confusion about the
legal status of such products.
(b) Federal Banking Regulators' Hemp Banking Guidance.--Not later
than the end of the 90-day period beginning on the date of enactment of
this Act, the Federal banking regulators shall update their existing
guidance, as applicable, regarding the provision of financial services
to hemp-related legitimate businesses and hemp-related service
providers to address--
(1) compliance with financial institutions' existing
obligations under Federal laws and implementing regulations
determined relevant by the Federal banking regulators,
including subchapter II of chapter 53 of title 31, United
States Code, and its implementing regulation in conformity with
this title and the Department of Agriculture's rules regulating
domestic hemp production (7 CFR 990); and
(2) best practices for financial institutions to follow
when providing financial services, including processing
payments, to hemp-related legitimate businesses and hemp-
related service providers.
(c) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution''--
(A) has the meaning given that term under section
5312(a) of title 31, United States Code; and
(B) includes a bank holding company, as defined
under section 2(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1841(a)).
(2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
related legitimate business'', and ``hemp-related service
provider'' have the meaning given those terms, respectively,
under section 5411.
SEC. 5413. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
ORDERS.
(a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such request
or order; and
(B) such reason is not based solely on reputation
risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific customer
or group of customers is, or is acting as a conduit for, an
entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North
Korea, Syria, or any country listed from time to time
on the State Sponsors of Terrorism list;
(D) is located in, or is subject to the
jurisdiction of, any country specified in subparagraph
(C); or
(E) does business with any entity described in
subparagraph (C) or (D), unless the appropriate Federal
banking agency determines that the customer or group of
customers has used due diligence to avoid doing
business with any entity described in subparagraph (C)
or (D),
such belief shall satisfy the requirement under paragraph (1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the agency shall--
(A) provide such request or order to the
institution in writing; and
(B) accompany such request or order with a written
justification for why such termination is needed,
including any specific laws or regulations the agency
believes are being violated by the customer or group of
customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law, if
an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the depository institution shall inform
the specific customer or group of customers of the
justification for the customer's account termination described
under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national
security.--If an appropriate Federal banking agency
requests or orders a depository institution to
terminate a specific customer account or a group of
customer accounts based on a belief that the customer
or customers pose a threat to national security, or are
otherwise described under subsection (a)(2), neither
the depository institution nor the appropriate Federal
banking agency may inform the customer or customers of
the justification for the customer's account
termination.
(B) Notice prohibited in other cases.--If an
appropriate Federal banking agency determines that the
notice required under paragraph (1) may interfere with
an authorized criminal investigation, neither the
depository institution nor the appropriate Federal
banking agency may inform the specific customer or
group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal banking agency
shall issue an annual report to the Congress stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which the
agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as
defined under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) the National Credit Union Administration, in
the case of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) an insured credit union.
SEC. 5414. DEFINITIONS.
In this title:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section 1002 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article which
is a concentrate, an edible, a tincture, a cannabis-infused
product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a manufacturer,
producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such State or political subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection,
the Federal Deposit Insurance Corporation, the Federal Housing
Finance Agency, the Financial Crimes Enforcement Network, the
Office of Foreign Asset Control, the Office of the Comptroller
of the Currency, the National Credit Union Administration, the
Department of the Treasury, or any Federal agency or department
that regulates banking or financial services, as determined by
the Secretary of the Treasury.
(7) Financial service.--The term ``financial service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5481),
regardless if the customer receiving the product or
service is a consumer or commercial entity;
(B) means a financial product or service, or any
combination of products and services, permitted to be
provided by--
(i) a national bank or a financial
subsidiary pursuant to the authority provided
under--
(I) the provision designated
``Seventh'' of section 5136 of the
Revised Statutes of the United States
(12 U.S.C. 24); or
(II) section 5136A of the Revised
Statutes of the United States (12
U.S.C. 24a); and
(ii) a Federal credit union, pursuant to
the authority provided under the Federal Credit
Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or
indirectly, the authorizing, processing, clearing,
settling, billing, transferring for deposit,
transmitting, delivering, instructing to be delivered,
reconciling, collecting, or otherwise effectuating or
facilitating of payments or funds, where such payments
or funds are made or transferred by any means,
including by the use of credit cards, debit cards,
other payment cards, or other access devices, accounts,
original or substitute checks, or electronic funds
transfers;
(E) includes acting as a money transmitting
business which directly or indirectly makes use of a
depository institution in connection with effectuating
or facilitating a payment for a cannabis-related
legitimate business or service provider in compliance
with section 5330 of title 31, United States Code, and
any applicable State law; and
(F) includes acting as an armored car service for
processing and depositing with a depository institution
or a Federal reserve bank with respect to any monetary
instruments (as defined under section 1956(c)(5) of
title 18, United States Code.
(8) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(12) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(13) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a cannabis-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to cannabis; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling cannabis or
cannabis products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
SEC. 5415. DISCRETIONARY SURPLUS FUNDS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by reducing the dollar figure by $6,000,000.
TITLE LV--WILDERNESS AND PUBLIC LANDS
Subtitle A--Colorado Wilderness
SEC. 5501. SECRETARY DEFINED.
As used in this subtitle, the term ``Secretary'' means the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 5502. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE
STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act of 1993
(Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by
adding at the end the following paragraphs:
``(23) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 316 acres, as generally depicted on a map titled
`Maroon Bells Addition Proposed Wilderness', dated July 20,
2018, which is hereby incorporated in and shall be deemed to be
a part of the Maroon Bells-Snowmass Wilderness Area designated
by Public Law 88-577.
``(24) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management, which comprise approximately
38,217 acres, as generally depicted on a map titled `Redcloud &
Handies Peak Proposed Wilderness', dated October 9, 2019, which
shall be known as the Redcloud Peak Wilderness.
``(25) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompahgre, and Gunnison National Forests, which comprise
approximately 26,734 acres, as generally depicted on a map
titled `Redcloud & Handies Peak Proposed Wilderness', dated
October 9, 2019, which shall be known as the Handies Peak
Wilderness.
``(26) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 16,481 acres, as generally depicted on a map
titled `Table Mountain & McIntyre Hills Proposed Wilderness',
dated November 7, 2019, which shall be known as the McIntyre
Hills Wilderness.
``(27) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 10,282 acres, as generally depicted on a map
titled `Grand Hogback Proposed Wilderness', dated October 16,
2019, which shall be known as the Grand Hogback Wilderness.
``(28) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 25,624 acres, as generally depicted on a map
titled `Demaree Canyon Proposed Wilderness', dated October 9,
2019, which shall be known as the Demaree Canyon Wilderness.
``(29) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 28,279 acres, as generally depicted on a map
titled `Little Books Cliff Proposed Wilderness', dated October
9, 2019, which shall be known as the Little Bookcliffs
Wilderness.
``(30) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 14,886 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness', dated
January 29, 2020, which shall be known as the Bull Gulch
Wilderness.
``(31) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 12,016 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness Areas',
dated January 29, 2020, which shall be known as the Castle Peak
Wilderness.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the United
States Forest Service are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation
System:
(1) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in the
White River National Forest, which comprise approximately
19,240 acres, as generally depicted on a map titled
``Assignation Ridge Proposed Wilderness'', dated November 12,
2019, which shall be known as the Assignation Ridge Wilderness.
(2) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 23,116
acres, as generally depicted on a map titled ``Badger Creek
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 35,251
acres, as generally depicted on a map titled ``Beaver Creek
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or the Bureau of Reclamation
or located in the Pike and San Isabel National Forests, which
comprise approximately 32,884 acres, as generally depicted on a
map titled ``Grape Creek Proposed Wilderness'', dated November
7, 2019, which shall be known as the Grape Creek Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 13,351 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the North Bangs
Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 5,144 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the South Bangs
Canyon Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 26,624 acres, as generally depicted on a map
titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as The Palisade
Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in the Grand
Mesa, Uncompaghre, and Gunnison National Forests, which
comprise approximately 19,776 acres, as generally depicted on a
map titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as the Unaweep
Wilderness.
(9) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and Uncompaghre Field
Office of the Bureau of Land Management and in the Manti-LaSal
National Forest, which comprise approximately 37,637 acres, as
generally depicted on a map titled ``Sewemup Mesa Proposed
Wilderness'', dated November 7, 2019, which shall be known as
the Sewemup Mesa Wilderness.
(10) Certain lands managed by the Kremmling Field Office of
the Bureau of Land Management, which comprise approximately 31
acres, as generally depicted on a map titled ``Platte River
Addition Proposed Wilderness'', dated July 20, 2018, and which
are hereby incorporated in and shall be deemed to be part of
the Platte River Wilderness designated by Public Law 98-550.
(11) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management, which comprise approximately
17,587 acres, as generally depicted on a map titled ``Roubideau
Proposed Wilderness'', dated October 9, 2019, which shall be
known as the Roubideau Wilderness.
(12) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompaghre, and Gunnison National Forests, which comprise
approximately 12,102 acres, as generally depicted on a map
titled ``Norwood Canyon Proposed Wilderness'', dated November
7, 2019, which shall be known as the Norwood Canyon Wilderness.
(13) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
24,475 acres, as generally depicted on a map titled ``Papoose &
Cross Canyon Proposed Wilderness'', and dated January 29, 2020,
which shall be known as the Cross Canyon Wilderness.
(14) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
21,220 acres, as generally depicted on a map titled ``McKenna
Peak Proposed Wilderness'', dated October 16, 2019, which shall
be known as the McKenna Peak Wilderness.
(15) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
14,270 acres, as generally depicted on a map titled ``Weber-
Menefee Mountain Proposed Wilderness'', dated October 9, 2019,
which shall be known as the Weber-Menefee Mountain Wilderness.
(16) Certain lands managed by the Uncompahgre and Tres Rios
Field Offices of the Bureau of Land Management or the Bureau of
Reclamation, which comprise approximately 33,351 acres, as
generally depicted on a map titled ``Dolores River Canyon
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Dolores River Canyon Wilderness.
(17) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 17,922
acres, as generally depicted on a map titled ``Browns Canyon
Proposed Wilderness'', dated October 9, 2019, which shall be
known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field Office of
the Bureau of Land Management, which comprise approximately
10,527 acres, as generally depicted on a map titled ``San Luis
Hills Proposed Wilderness'', dated October 9, 2019 which shall
be known as the San Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management, which comprise approximately
23,559 acres, as generally depicted on a map titled ``Table
Mountain & McIntyre Hills Proposed Wilderness'', dated November
7, 2019, which shall be known as the Table Mountain Wilderness.
(20) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 10,844 acres, as
generally depicted on a map titled ``North & South Ponderosa
Gorge Proposed Wilderness'', and dated January 31, 2020, which
shall be known as the North Ponderosa Gorge Wilderness.
(21) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 12,393 acres, as
generally depicted on a map titled ``North & South Ponderosa
Gorge Proposed Wilderness'', and dated January 31, 2020 which
shall be known as the South Ponderosa Gorge Wilderness.
(22) Certain lands managed by the Little Snake Field Office
of the Bureau of Land Management which comprise approximately
33,168 acres, as generally depicted on a map titled ``Diamond
Breaks Proposed Wilderness'', and dated February 4, 2020 which
shall be known as the Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management which comprises approximately
4,782 acres, as generally depicted on the map titled ``Papoose
& Cross Canyon Proposed Wilderness'''', and dated January 29,
2020 which shall be known as the Papoose Canyon Wilderness.
(c) West Elk Addition.--Certain lands in the State of Colorado
administered by the Gunnison Field Office of the Bureau of Land
Management, the United States National Park Service, and the Bureau of
Reclamation, which comprise approximately 6,695 acres, as generally
depicted on a map titled ``West Elk Addition Proposed Wilderness'',
dated October 9, 2019, are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation System
and are hereby incorporated in and shall be deemed to be a part of the
West Elk Wilderness designated by Public Law 88-577. The boundary
adjacent to Blue Mesa Reservoir shall be 50 feet landward from the
water's edge, and shall change according to the water level.
(d) Maps and Descriptions.--As soon as practicable after the date
of enactment of the Act, the Secretary shall file a map and a boundary
description of each area designated as wilderness by this section with
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. Each map
and boundary description shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
clerical and typographical errors in the map or boundary description.
The maps and boundary descriptions shall be on file and available for
public inspection in the Office of the Director of the Bureau of Land
Management, Department of the Interior, and in the Office of the Chief
of the Forest Service, Department of Agriculture, as appropriate.
(e) State and Private Lands.--Lands within the exterior boundaries
of any wilderness area designated under this section that are owned by
a private entity or by the State of Colorado, including lands
administered by the Colorado State Land Board, shall be included within
such wilderness area if such lands are acquired by the United States.
Such lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 5503. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this subtitle shall be managed by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
subtitle, except that, with respect to any wilderness areas designated
by this subtitle, any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be deemed to be a reference to the
date of enactment of this subtitle.
(b) Grazing.--Grazing of livestock in wilderness areas designated
by this subtitle shall be administered in accordance with the
provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), as further interpreted by section 108 of Public Law 96-
560, and the guidelines set forth in appendix A of House Report 101-405
of the 101st Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle shall
be construed as affecting the jurisdiction or responsibilities of the
State of Colorado with respect to wildlife and fish in Colorado.
(d) Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a
protective perimeter or buffer zone around any area designated
as wilderness by this subtitle.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this subtitle can be seen or heard within the
wilderness shall not preclude the activity or use outside the
boundary of the wilderness.
(e) Military Helicopter Overflights and Operations.--
(1) In general.--Nothing in this subtitle restricts or
precludes--
(A) low-level overflights of military helicopters
over the areas designated as wilderness by this
subtitle, including military overflights that can be
seen or heard within any wilderness area;
(B) military flight testing and evaluation;
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes over any wilderness area; or
(D) helicopter operations at designated landing
zones within the potential wilderness areas established
by subsection (i)(1).
(2) Aerial navigation training exercises.--The Colorado
Army National Guard, through the High-Altitude Army National
Guard Aviation Training Site, may conduct aerial navigation
training maneuver exercises over, and associated operations
within, the potential wilderness areas designated by this
subtitle--
(A) in a manner and degree consistent with the
memorandum of understanding dated August 4, 1987,
entered into among the Colorado Army National Guard,
the Bureau of Land Management, and the Forest Service;
or
(B) in a manner consistent with any subsequent
memorandum of understanding entered into among the
Colorado Army National Guard, the Bureau of Land
Management, and the Forest Service.
(f) Running Events.--The Secretary may continue to authorize
competitive running events currently permitted in the Redcloud Peak
Wilderness Area and Handies Peak Wilderness Area in a manner compatible
with the preservation of such areas as wilderness.
(g) Land Trades.--If the Secretary trades privately owned land
within the perimeter of the Redcloud Peak Wilderness Area or the
Handies Peak Wilderness Area in exchange for Federal land, then such
Federal land shall be located in Hinsdale County, Colorado.
(h) Recreational Climbing.--Nothing in this subtitle prohibits
recreational rock climbing activities in the wilderness areas, such as
the placement, use, and maintenance of fixed anchors, including any
fixed anchor established before the date of the enactment of this
subtitle--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(i) Potential Wilderness Designations.--
(1) In general.--The following lands are designated as
potential wilderness areas:
(A) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 7,376 acres, as generally
depicted on a map titled ``Pisgah East & West Proposed
Wilderness'' and dated October 16, 2019, which, upon
designation as wilderness under paragraph (2), shall be
known as the Pisgah East Wilderness.
(B) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 6,828 acres, as generally
depicted on a map titled ``Pisgah East & West Proposed
Wilderness'' and dated October 16, 2019, which, upon
designation as wilderness under paragraph (2), shall be
known as the Pisgah West Wilderness.
(C) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management or
located in the White River National Forest, which
comprise approximately 16,101 acres, as generally
depicted on a map titled ``Flat Tops Proposed
Wilderness Addition'', dated October 9, 2019, and
which, upon designation as wilderness under paragraph
(2), shall be incorporated in and shall be deemed to be
a part of the Flat Tops Wilderness designated by Public
Law 94-146.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraphs (A) through (C) of
paragraph (1) shall be designated as wilderness on the date on
which the Secretary publishes in the Federal Register a notice
that all nonconforming uses of those lands authorized by
subsection (e) in the potential wilderness area that would be
in violation of the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased. Such publication in the Federal Register and
designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness is not
dependent on cessation of nonconforming uses in the other
potential wilderness area.
(3) Management.--Except for activities provided for under
subsection (e), lands designated as a potential wilderness area
by paragraph (1) shall be managed by the Secretary in
accordance with the Wilderness Act as wilderness pending the
designation of such lands as wilderness under this subsection.
SEC. 5504. WATER.
(a) Effect on Water Rights.--Nothing in this subtitle--
(1) affects the use or allocation, in existence on the date
of enactment of this subtitle, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
subtitle, including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of enactment of this subtitle;
(4) authorizes or imposes any new reserved Federal water
rights; and
(5) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State of Colorado on or before the date of the
enactment of this subtitle.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to protect
for the benefit and enjoyment of present and future
generations--
(A) the unique and nationally important values of
areas designated as wilderness by section 102(b)
(including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational,
environmental, biological, wilderness, wildlife,
riparian, historical, educational, and scenic resources
of the public land); and
(B) the water resources of area streams, based on
seasonally available flows, that are necessary to
support aquatic, riparian, and terrestrial species and
communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that
any water rights within the wilderness designated by
section 102(b) required to fulfill the purposes of such
wilderness are secured in accordance with subparagraphs
(B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water
rights for which the Secretary pursues
adjudication shall be appropriated,
adjudicated, changed, and administered in
accordance with the procedural requirements and
priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided
in subclause (II), the purposes and
other substantive characteristics of
the water rights pursued under this
paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding
subclause (I) and in accordance with
this subtitle, the Secretary may
appropriate and seek adjudication of
water rights to maintain surface water
levels and stream flows on and across
the wilderness designated by section
102(b) to fulfill the purposes of such
wilderness.
(C) Deadline.--The Secretary shall promptly
appropriate the water rights required to fulfill the
purposes of the wilderness designated by section
102(b).
(D) Required determination.--The Secretary shall
not pursue adjudication for any instream flow water
rights unless the Secretary makes a determination
pursuant to subparagraph (E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not
pursue adjudication of any Federal instream
flow water rights established under this
paragraph if--
(I) the Secretary determines, upon
adjudication of the water rights by the
Colorado Water Conservation Board, that
the Board holds water rights sufficient
in priority, amount, and timing to
fulfill the purposes of this
subsection; and
(II) the Secretary has entered into
a perpetual agreement with the Colorado
Water Conservation Board to ensure full
exercise, protection, and enforcement
of the State water rights within the
wilderness to reliably fulfill the
purposes of this subsection.
(ii) Adjudication.--If the Secretary
determines that the provisions of clause (i)
have not been met, the Secretary shall
adjudicate and exercise any Federal water
rights required to fulfill the purposes of the
wilderness in accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado
Water Conservation Board modifies the instream flow
water rights obtained under subparagraph (E) to such a
degree that the Secretary determines that water rights
held by the State are insufficient to fulfill the
purposes of this subtitle, the Secretary shall
adjudicate and exercise Federal water rights required
to fulfill the purposes of this subtitle in accordance
with subparagraph (B).
(G) Failure to comply.--The Secretary shall
promptly act to exercise and enforce the water rights
described in subparagraph (E) if the Secretary
determines that--
(i) the State is not exercising its water
rights consistent with subparagraph (E)(i)(I);
or
(ii) the agreement described in
subparagraph (E)(i)(II) is not fulfilled or
complied with sufficiently to fulfill the
purposes of this subtitle.
(3) Water resource facility.--Notwithstanding any other
provision of law, beginning on the date of enactment of this
subtitle, neither the President nor any other officer,
employee, or agent of the United States shall fund, assist,
authorize, or issue a license or permit for development of any
new irrigation and pumping facility, reservoir, water
conservation work, aqueduct, canal, ditch, pipeline, well,
hydropower project, transmission, other ancillary facility, or
other water, diversion, storage, or carriage structure in the
wilderness designated by section 102(b).
(c) Access and Operation.--
(1) Definition.--As used in this subsection, the term
``water resource facility'' means irrigation and pumping
facilities, reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower projects,
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(2) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence on
the date of enactment of this subtitle within the areas
described in sections 102(b) and 102(c), including motorized
access where necessary and customarily employed on routes
existing as of the date of enactment of this subtitle.
(3) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of this
subtitle may be used, maintained, repaired, and replaced to the
extent necessary to maintain their present function, design,
and serviceable operation, so long as such activities have no
increased adverse impacts on the resources and values of the
areas described in sections 102(b) and 102(c) than existed as
of the date of enactment of this subtitle.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4), the
Secretary shall allow water resource facilities existing on the
date of enactment of this subtitle within areas described in
sections 102(b) and 102(c) to be used, operated, maintained,
repaired, and replaced to the extent necessary for the
continued exercise, in accordance with Colorado State law, of
vested water rights adjudicated for use in connection with such
facilities by a court of competent jurisdiction prior to the
date of enactment of this subtitle. The impact of an existing
facility on the water resources and values of the area shall
not be increased as a result of changes in the adjudicated type
of use of such facility as of the date of enactment of this
subtitle.
(5) Repair and maintenance.--Water resource facilities, and
access routes serving such facilities, existing within the
areas described in sections 102(b) and 102(c) on the date of
enactment of this subtitle shall be maintained and repaired
when and to the extent necessary to prevent increased adverse
impacts on the resources and values of the areas described in
sections 102(b) and 102(c).
SEC. 5505. SENSE OF CONGRESS.
It is the sense of Congress that military aviation training on
Federal public lands in Colorado, including the training conducted at
the High-Altitude Army National Guard Aviation Training Site, is
critical to the national security of the United States and the
readiness of the Armed Forces.
SEC. 5506. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION OF
WILDERNESS DESIGNATIONS IN THE WESTERN UNITED STATES
WOULD HAVE ON THE READINESS OF THE ARMED FORCES OF THE
UNITED STATES WITH RESPECT TO AVIATION TRAINING.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the impacts that the expansion of wilderness designations in the
Western United States would have on the readiness of the Armed Forces
of the United States with respect to aviation training.
(b) Report.--Not later than 180 days after the date of the
enactment of this subtitle, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the study required under subsection (a).
Subtitle B--Northwest California Wilderness, Recreation, and Working
Forests
SEC. 5510. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(2) State.--The term ``State'' means the State of
California.
PART 1--RESTORATION AND ECONOMIC DEVELOPMENT
SEC. 5511. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term ``collaboratively
developed'' means projects that are developed and implemented
through a collaborative process that--
(A) includes--
(i) appropriate Federal, State, and local
agencies; and
(ii) multiple interested persons
representing diverse interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a forested
area that has been artificially established by planting or
seeding.
(3) Restoration.--The term ``restoration'' means the
process of assisting the recovery of an ecosystem that has been
degraded, damaged, or destroyed by establishing the
composition, structure, pattern, and ecological processes
necessary to facilitate terrestrial and aquatic ecosystem
sustainability, resilience, and health under current and future
conditions.
(4) Restoration area.--The term ``restoration area'' means
the South Fork Trinity-Mad River Restoration Area, established
by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel break''
means a vegetation treatment that effectively addresses all
project-generated slash and that retains: adequate canopy cover
to suppress plant regrowth in the forest understory following
treatment; the longest lived trees that provide the most shade
over the longest period of time; the healthiest and most
vigorous trees with the greatest potential for crown-growth in
plantations and in natural stands adjacent to plantations; and
all mature hardwoods, when practicable.
(6) Stewardship contract.--The term ``stewardship
contract'' means an agreement or contract entered into under
section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term by section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there is
established the South Fork Trinity-Mad River Restoration Area,
comprising approximately 871,414 acres of Federal land administered by
the Forest Service and Bureau of Land Management, as generally depicted
on the map entitled ``South Fork Trinity-Mad River Restoration Area''
and dated May 15, 2020, to be known as the South Fork Trinity-Mad River
Restoration Area.
(c) Purposes.--The purposes of the restoration area are to--
(1) establish, restore, and maintain fire-resilient forest
structures containing late successional forest structure
characterized by large trees and multistoried canopies, as
ecologically appropriate;
(2) protect late successional reserves;
(3) enhance the restoration of Federal lands within the
restoration area;
(4) reduce the threat posed by wildfires to communities
within the restoration area;
(5) protect and restore aquatic habitat and anadromous
fisheries;
(6) protect the quality of water within the restoration
area; and
(7) allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the restoration area.
(d) Management.--
(1) In general.--The Secretary shall manage the restoration
area--
(A) in a manner consistent with the purposes
described in subsection (c);
(B) in a manner that--
(i) in the case of the Forest Service,
prioritizes restoration of the restoration area
over other nonemergency vegetation management
projects on the portions of the Six Rivers and
Shasta-Trinity National Forests in Humboldt and
Trinity Counties; and
(ii) in the case of the United States Fish
and Wildlife Service, establishes with the
Forest Service an agreement for cooperation to
ensure timely completion of consultation
required by section 7 of the Endangered Species
Act (15 U.S.C. 1536) on restoration projects
within the restoration area and agreement to
maintain and exchange information on planning
schedules and priorities on a regular basis;
(C) in accordance with--
(i) the laws (including regulations) and
rules applicable to the National Forest System
for land managed by the Forest Service;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) for land
managed by the Bureau of Land Management;
(iii) this subtitle; and
(iv) any other applicable law (including
regulations); and
(D) in a manner consistent with congressional
intent that consultation for restoration projects
within the restoration area is completed in a timely
and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the
restoration area shall not change the management status
of any land or water that is designated wilderness or
as a wild and scenic river, including lands and waters
designated by this subtitle.
(B) Resolution of conflict.--If there is a conflict
between the laws applicable to the areas described in
subparagraph (A) and this section, the more restrictive
provision shall control.
(3) Uses.--
(A) In general.--The Secretary shall only allow
uses of the restoration area that the Secretary
determines would further the purposes described in
subsection (c).
(B) Priority.--The Secretary shall prioritize
restoration activities within the restoration area.
(C) Limitation.--Nothing in this section shall
limit the Secretary's ability to plan, approve, or
prioritize activities outside of the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from
conducting wildland fire operations in the restoration
area, consistent with the purposes of this section.
(B) Priority.--The Secretary may use prescribed
burning and managed wildland fire to the fullest extent
practicable to achieve the purposes of this section.
(5) Road decommissioning.--
(A) In general.--To the extent practicable, the
Secretary shall decommission unneeded National Forest
System roads identified for decommissioning and
unauthorized roads identified for decommissioning
within the restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis required
by subparts A and B of part 212 of title 36,
Code of Federal Regulations; and
(iii) in accordance with existing law.
(B) Additional requirement.--In making
determinations regarding road decommissioning under
subparagraph (A), the Secretary shall consult with--
(i) appropriate State, Tribal, and local
governmental entities; and
(ii) members of the public.
(C) Definition.--As used in subparagraph (A), the
term ``decommission'' means--
(i) to reestablish vegetation on a road;
and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or adversely
impacted by the road by removing or
hydrologically disconnecting the road prism.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs (B), (C),
and (D), the Secretary may conduct vegetation
management projects in the restoration area only where
necessary to--
(i) maintain or restore the characteristics
of ecosystem composition and structure;
(ii) reduce wildfire risk to communities by
promoting forests that are fire resilient;
(iii) improve the habitat of threatened,
endangered, or sensitive species;
(iv) protect or improve water quality; or
(v) enhance the restoration of lands within
the restoration area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying out
subparagraph (A), the Secretary shall
prioritize, as practicable, the establishment
of a network of shaded fuel breaks within--
(I) the portions of the wildland-
urban interface that are within 150
feet from private property contiguous
to Federal land;
(II) 150 feet from any road that is
open to motorized vehicles as of the
date of enactment of this subtitle--
(aa) except that, where
topography or other conditions
require, the Secretary may
establish shaded fuel breaks up
to 275 feet from a road so long
as the combined total width of
the shaded fuel breaks for both
sides of the road does not
exceed 300 feet; and
(bb) provided that the
Secretary shall include
vegetation treatments within a
minimum of 25 feet of the road
where practicable, feasible,
and appropriate as part of any
shaded fuel break; or
(III) 150 feet of any plantation.
(ii) Plantations; riparian reserves.--The
Secretary may undertake vegetation management
projects--
(I) in areas within the restoration
area in which fish and wildlife habitat
is significantly compromised as a
result of past management practices
(including plantations); and
(II) within designated riparian
reserves only where necessary to
maintain the integrity of fuel breaks
and to enhance fire resilience.
(C) Compliance.--The Secretary shall carry out
vegetation management projects within the restoration
area--
(i) in accordance with--
(I) this section; and
(II) existing law (including
regulations);
(ii) after providing an opportunity for
public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary shall
use the best available science in planning and
implementing vegetation management projects within the
restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of livestock in
the restoration area, where established before the date
of enactment of this subtitle, shall be permitted to
continue--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary considers necessary; and
(II) applicable law (including
regulations); and
(ii) in a manner consistent with the
purposes described in subsection (c).
(B) Targeted new grazing.--The Secretary may issue
annual targeted grazing permits for the grazing of
livestock in the restoration area, where not
established before the date of the enactment of this
subtitle, to control noxious weeds, aid in the control
of wildfire within the wildland-urban interface, or to
provide other ecological benefits subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(ii) a manner consistent with the purposes
described in subsection (c).
(C) Best available science.--The Secretary shall
use the best available science when determining whether
to issue targeted grazing permits within the
restoration area.
(e) Withdrawal.--Subject to valid existing rights, the restoration
area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent
practicable, the Secretary shall--
(1) use stewardship contracts to implement this section;
and
(2) use revenue derived from such stewardship contracts for
restoration and other activities within the restoration area
which shall include staff and administrative costs to support
timely consultation activities for restoration projects.
(g) Collaboration.--In developing and implementing restoration
projects in the restoration area, the Secretary shall consult with
collaborative groups with an interest in the restoration area.
(h) Environmental Review.--A collaboratively developed restoration
project within the restoration area may be carried out in accordance
with the provisions for hazardous fuel reduction projects set forth in
sections 104, 105, and 106 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6514-6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture shall--
(1) in collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring, evaluation,
and accountability process to assess the positive or negative
ecological, social, and economic effects of restoration
projects within the restoration area; and
(2) incorporate the monitoring results into the management
of the restoration area.
(j) Funding.--The Secretary shall use all existing authorities to
secure as much funding as necessary to fulfill the purposes of the
restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law,
including regulations, and this section, the Secretary may
utilize forest residues from restoration projects, including
shaded fuel breaks, in the restoration area for research and
development of biobased products that result in net carbon
sequestration.
(2) Partnerships.--In carrying out paragraph (1), the
Secretary may enter into partnerships with universities,
nongovernmental organizations, industry, Tribes, and Federal,
State, and local governmental agencies.
SEC. 5512. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior is
authorized to undertake initiatives to restore degraded redwood forest
ecosystems in Redwood National and State Parks in partnership with the
State of California, local agencies, and nongovernmental organizations.
(b) Compliance.--In carrying out any initiative authorized by
subsection (a), the Secretary of the Interior shall comply with all
applicable law.
SEC. 5513. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Lands Remediation Partnership, established by
subsection (b).
(2) Priority lands.--The term ``priority lands'' means
Federal land within the State that is determined by the
partnership to be a high priority for remediation.
(3) Remediation.--The term ``remediation'' means to
facilitate the recovery of lands and waters that have been
degraded, damaged, or destroyed by illegal marijuana
cultivation or another illegal activity. Remediation includes
but is not limited to removal of trash, debris, and other
material, and establishing the composition, structure, pattern,
and ecological processes necessary to facilitate terrestrial
and aquatic ecosystem sustainability, resilience, and health
under current and future conditions.
(b) Establishment.--There is hereby established a California Public
Lands Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities, and the private sector, in the
remediation of priority lands in the State affected by illegal
marijuana cultivation or other illegal activities; and
(2) use the resources and expertise of each agency,
authority, or entity in implementing remediation activities on
priority lands in the State.
(d) Membership.--The members of the partnership shall include the
following:
(1) The Secretary of Agriculture, or a designee of the
Secretary of Agriculture to represent the Forest Service.
(2) The Secretary of the Interior, or a designee of the
Secretary of the Interior, to represent the United States Fish
and Wildlife Service, Bureau of Land Management, and National
Park Service.
(3) The Director of the Office of National Drug Control
Policy, or a designee of the Director.
(4) The Secretary of the State Natural Resources Agency, or
a designee of the Secretary, to represent the California
Department of Fish and Wildlife.
(5) A designee of the California State Water Resources
Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) One member to represent federally recognized Indian
Tribes, to be appointed by the Secretary of Agriculture.
(8) One member to represent nongovernmental organizations
with an interest in Federal land remediation, to be appointed
by the Secretary of Agriculture.
(9) One member to represent local governmental interests,
to be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advise on methods
needed for remediation efforts, to be appointed by the
Secretary of Agriculture.
(12) A designee of the National Guard Counter Drug Program.
(e) Duties.--To further the purposes of this section, the
partnership shall--
(1) identify priority lands for remediation in the State;
(2) secure resources from Federal and non-Federal sources
to apply to remediation of priority lands in the State;
(3) support efforts by Federal, State, Tribal, and local
agencies, and nongovernmental organizations in carrying out
remediation of priority lands in the State;
(4) support research and education on the impacts of, and
solutions to, illegal marijuana cultivation and other illegal
activities on priority lands in the State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public in
remediation efforts, to the extent practicable; and
(6) take any other administrative or advisory actions as
necessary to address remediation of priority lands in the
State.
(f) Authorities.--To implement this section, the partnership may,
subject to the prior approval of the Secretary of Agriculture--
(1) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including
Federal and non-Federal funds, and funds and services provided
under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of this section.
(g) Procedures.--The partnership shall establish such rules and
procedures as it deems necessary or desirable.
(h) Local Hiring.--The partnership shall, to the maximum extent
practicable and in accordance with existing law, give preference to
local entities and persons when carrying out this section.
(i) Service Without Compensation.--Members of the partnership shall
serve without pay.
(j) Duties and Authorities of the Secretary of Agriculture.--
(1) In general.--The Secretary of Agriculture shall convene
the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of
Agriculture and Secretary of the Interior may provide technical
and financial assistance, on a reimbursable or nonreimbursable
basis, as determined by the appropriate Secretary, to the
partnership or any members of the partnership to carry out this
subtitle.
(3) Cooperative agreements.--The Secretary of Agriculture
and Secretary of the Interior may enter into cooperative
agreements with the partnership, any members of the
partnership, or other public or private entities to provide
technical, financial, or other assistance to carry out this
subtitle.
SEC. 5514. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, may establish, in cooperation with any
other public or private entities that the Secretary may determine to be
appropriate, a visitor center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the visitor
center authorized under subsection (a) is designed to interpret the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of the
Whiskeytown-Shasta-Trinity National Recreation Area and other nearby
Federal lands.
(c) Cooperative Agreements.--The Secretary of Agriculture may, in a
manner consistent with this subtitle, enter into cooperative agreements
with the State and any other appropriate institutions and organizations
to carry out the purposes of this section.
SEC. 5515. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and Secretary of the
Interior, acting jointly or separately, may establish, in cooperation
with any other public or private entities that the Secretaries
determine to be appropriate, a visitor center in Del Norte County,
California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National Recreation
Area, and other nearby Federal lands.
(b) Requirements.--The Secretaries shall ensure that the visitor
center authorized under subsection (a) is designed to interpret the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of Redwood
National and State Parks, the Smith River National Recreation Area, and
other nearby Federal lands.
SEC. 5516. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource management plan
for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National
Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-Mad
River Restoration Area established by section 211; and
(2) include or update the fire management plan for the
wilderness areas and wilderness additions established by this
subtitle.
(b) Requirement.--In carrying out the revisions required by
subsection (a), the Secretary shall--
(1) develop spatial fire management plans in accordance
with--
(A) the Guidance for Implementation of Federal
Wildland Fire Management Policy dated February 13,
2009, including any amendments to that guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be
used to achieve ecological management objectives of
wilderness and other natural or primitive areas; and
(B) in the case of a wilderness area expanded by
section 231, provides consistent direction regarding
fire management to the entire wilderness area,
including the addition;
(3) consult with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public; and
(4) comply with applicable laws (including regulations).
SEC. 5517. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation with
interested Federal, State, Tribal, and local entities, and private and
nonprofit organizations, shall conduct a study to evaluate the
feasibility and suitability of establishing overnight accommodations
near Redwood National and State Parks on--
(1) Federal land at the northern boundary or on land within
20 miles of the northern boundary; and
(2) Federal land at the southern boundary or on land within
20 miles of the southern boundary.
(b) Partnerships.--
(1) Agreements authorized.--If the study conducted under
subsection (a) determines that establishing the described
accommodations is suitable and feasible, the Secretary may
enter into agreements with qualified private and nonprofit
organizations for the development, operation, and maintenance
of overnight accommodations.
(2) Contents.--Any agreements entered into under paragraph
(1) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(3) Compliance.--The Secretary shall enter agreements under
paragraph (1) in accordance with existing law.
(4) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the
Secretary to manage land and resources under the
jurisdiction of the Secretary; or
(B) amends or modifies the application of any
existing law (including regulations) applicable to land
under the jurisdiction of the Secretary.
PART 2--RECREATION
SEC. 5521. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is
established the Horse Mountain Special Management Area (referred to in
this section as the ``special management area'') comprising
approximately 7,482 acres of Federal land administered by the Forest
Service in Humboldt County, California, as generally depicted on the
map entitled ``Horse Mountain Special Management Area'' and dated May
15, 2020.
(b) Purposes.--The purpose of the special management area is to
enhance the recreational and scenic values of the special management
area while conserving the plants, wildlife, and other natural resource
values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this subtitle and in accordance with paragraph
(2), the Secretary shall develop a comprehensive plan for the
long-term management of the special management area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required
under paragraph (1) shall ensure that recreational use within
the special management area does not cause significant adverse
impacts on the plants and wildlife of the special management
area.
(d) Management.--
(1) In general.--The Secretary shall manage the special
management area--
(A) in furtherance of the purposes described in
subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Recreation.--The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the special
management area, including hunting, fishing, camping, hiking,
hang gliding, sightseeing, nature study, horseback riding,
rafting, mountain biking, and motorized recreation on
authorized routes, and other recreational activities, so long
as such recreational use is consistent with the purposes of the
special management area, this section, other applicable law
(including regulations), and applicable management plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B), the use of motorized vehicles in the special
management area shall be permitted only on roads and
trails designated for the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of
snowmobiles shall be allowed in the special management
area--
(i) during periods of adequate snow
coverage during the winter season; and
(ii) subject to any terms and conditions
determined to be necessary by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct new
trails for motorized or nonmotorized recreation within
the special management area in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(B) Priority.--In establishing new trails within
the special management area, the Secretary shall--
(i) prioritize the establishment of loops
that provide high-quality, diverse recreational
experiences; and
(ii) consult with members of the public.
(e) Withdrawal.--Subject to valid existing rights, the special
management area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 5522. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this subtitle, the Secretary of Agriculture,
in cooperation with the Secretary of the Interior, shall submit
to the Committee on Natural Resources of the House of
Representatives and Committee on Energy and Natural Resources
of the Senate a study that describes the feasibility of
establishing a nonmotorized Bigfoot National Recreation Trail
that follows the route described in paragraph (2).
(2) Route.--The trail described in paragraph (1) shall
extend from the Ides Cove Trailhead in the Mendocino National
Forest to Crescent City, California, by roughly following the
route as generally depicted on the map entitled ``Bigfoot
National Recreation Trail--Proposed'' and dated July 25, 2018.
(3) Additional requirement.--In completing the study
required by subsection (a), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional,
and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--Upon a determination that the Bigfoot
National Recreation Trail is feasible and meets the
requirements for a National Recreation Trail in section 1243 of
title 16, United States Code, the Secretary of Agriculture
shall designate the Bigfoot National Recreation Trail in
accordance with--
(A) the National Trails System Act (Public Law 90-
543);
(B) this subtitle; and
(C) other applicable law (including regulations).
(2) Administration.--Upon designation by the Secretary of
Agriculture, the Bigfoot National Recreation Trail (referred to
in this section as the ``trail'') shall be administered by the
Secretary of Agriculture, in consultation with--
(A) other Federal, State, Tribal, regional, and
local agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be
located on non-Federal land without the written consent
of the landowner.
(B) Prohibition.--The Secretary of Agriculture
shall not acquire for the trail any land or interest in
land outside the exterior boundary of any federally
managed area without the consent of the owner of the
land or interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property owner to
allow public access (including Federal, State,
or local government access) to private
property; or
(ii) modifies any provision of Federal,
State, or local law with respect to public
access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section, the
Secretary of Agriculture may enter into cooperative agreements with
State, Tribal, and local government entities and private entities to
complete needed trail construction, reconstruction, realignment,
maintenance, or education projects related to the Bigfoot National
Recreation Trail.
(d) Map.--
(1) Map required.--Upon designation of the Bigfoot National
Recreation Trail, the Secretary of Agriculture shall prepare a
map of the trail.
(2) Public availability.--The map referred to in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the Forest Service.
SEC. 5523. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture after an opportunity for public
comment, shall designate a trail (which may include a system of
trails)--
(A) for use by off-highway vehicles or mountain
bicycles, or both; and
(B) to be known as the Elk Camp Ridge Recreation
Trail.
(2) Requirements.--In designating the Elk Camp Ridge
Recreation Trail (referred to in this section as the
``trail''), the Secretary shall only include trails that are--
(A) as of the date of enactment of this subtitle,
authorized for use by off-highway vehicles or mountain
bikes, or both; and
(B) located on land that is managed by the Forest
Service in Del Norte County.
(3) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable laws (including
regulations);
(B) to ensure the safety of citizens who use the
trail; and
(C) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary shall annually assess the effects of the use of off-
highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State
and Del Norte County, and subject to paragraph (4), may
temporarily close or permanently reroute a portion of the trail
if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitats;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3) may be
permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the
closure of the portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use;
and
(B) if the Secretary determines that rerouting the
portion of the trail would not significantly increase
or decrease the length of the trail.
(5) Notice of available routes.--The Secretary shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(A) the placement of appropriate signage along the
trail; and
(B) the distribution of maps, safety education
materials, and other information that the Secretary
concerned determines to be appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 5524. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this subtitle, the Secretary shall study
the feasibility and public interest of constructing a
recreational trail for nonmotorized uses around Trinity Lake.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with paragraph (3),
if the Secretary determines under paragraph (1) that
the construction of the trail described in such
paragraph is feasible and in the public interest, the
Secretary may provide for the construction of the
trail.
(B) Use of volunteer services and contributions.--
The trail may be constructed under this section through
the acceptance of volunteer services and contributions
from non-Federal sources to reduce or eliminate the
need for Federal expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally
applicable to the National Forest System; and
(B) this subtitle.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 5525. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this subtitle, the Secretary of Agriculture, in accordance with
subsection (b) and in consultation with interested parties, shall
conduct a study to improve motorized and nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the portions of the Six Rivers, Shasta-Trinity, and
Mendocino National Forests located in Del Norte, Humboldt, Trinity, and
Mendocino Counties.
(b) Consultation.--In carrying out the study required by subsection
(a), the Secretary of Agriculture shall consult with the Secretary of
the Interior regarding opportunities to improve, through increased
coordination, recreation trail opportunities on land under the
jurisdiction of the Secretary of the Interior that shares a boundary
with the national forest land described in subsection (a).
SEC. 5526. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this subtitle, the Secretary of
Agriculture shall study the feasibility and public interest of
constructing recreational trails for mountain bicycling and
other nonmotorized uses on the routes as generally depicted in
the report entitled ``Trail Study for Smith River National
Recreation Area Six Rivers National Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with paragraph (3),
if the Secretary determines under paragraph (1) that
the construction of one or more routes described in
such paragraph is feasible and in the public interest,
the Secretary may provide for the construction of the
routes.
(B) Modifications.--The Secretary may modify the
routes as necessary in the opinion of the Secretary.
(C) Use of volunteer services and contributions.--
Routes may be constructed under this section through
the acceptance of volunteer services and contributions
from non-Federal sources to reduce or eliminate the
need for Federal expenditures to construct the route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally
applicable to the National Forest System; and
(B) this subtitle.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land (including
any interest in any non-Federal land).
SEC. 5527. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary is authorized to enter
into agreements with qualified private and nonprofit organizations to
undertake the following activities on Federal lands in Mendocino,
Humboldt, Trinity, and Del Norte Counties--
(1) trail and campground maintenance;
(2) public education, visitor contacts, and outreach; and
(3) visitor center staffing.
(b) Contents.--Any agreements entered into under subsection (a)
shall clearly define the role and responsibility of the Secretary and
the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements under
subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(2) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
PART 3--CONSERVATION
SEC. 5531. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Black butte river wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 11,155 acres, as generally depicted on the map
entitled ``Black Butte Wilderness--Proposed'' and dated May 15,
2020, which shall be known as the Black Butte River Wilderness.
(2) Chanchelulla wilderness additions.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 6,382 acres, as generally depicted on the map
entitled ``Chanchelulla Wilderness Additions--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered to
be a part of, the Chanchelulla Wilderness, as designated by
section 101(a)(4) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
27,164 acres, as generally depicted on the map entitled
``Chinquapin Wilderness--Proposed'' and dated May 15, 2020,
which shall be known as the Chinquapin Wilderness.
(4) Elkhorn ridge wilderness addition.--Certain Federal
land managed by the Bureau of Land Management in the State,
comprising approximately 37 acres, as generally depicted on the
map entitled ``Proposed Elkhorn Ridge Wilderness Additions''
and dated October 24, 2019, which is incorporated in, and
considered to be a part of, the Elkhorn Ridge Wilderness, as
designated by section 6(d) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land managed
by the Bureau of Land Management in the State, comprising
approximately 6,204 acres, as generally depicted on the map
entitled ``English Ridge Wilderness--Proposed'' and dated March
29, 2019, which shall be known as the English Ridge Wilderness.
(6) Headwaters forest wilderness.--Certain Federal land
managed by the Bureau of Land Management in the State,
comprising approximately 4,360 acres, as generally depicted on
the map entitled ``Headwaters Forest Wilderness--Proposed'' and
dated October 15, 2019, which shall be known as the Headwaters
Forest Wilderness.
(7) Mad river buttes wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 6,097 acres, as generally depicted on the map
entitled ``Mad River Buttes Wilderness--Proposed'' and dated
May 15, 2020, which shall be known as the Mad River Buttes
Wilderness.
(8) Mount lassic wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 1,288 acres, as generally depicted on the map
entitled ``Mt. Lassic Wilderness Additions--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered to
be a part of, the Mount Lassic Wilderness, as designated by
section 3(6) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065).
(9) North fork eel wilderness addition.--Certain Federal
land managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately 16,342 acres,
as generally depicted on the map entitled ``North Fork Eel
Wilderness Additions'' and dated May 15, 2020, which is
incorporated in, and considered to be a part of, the North Fork
Eel Wilderness, as designated by section 101(a)(19) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1621).
(10) Pattison wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
29,451 acres, as generally depicted on the map entitled
``Pattison Wilderness--Proposed'' and dated May 15, 2020, which
shall be known as the Pattison Wilderness.
(11) Sanhedrin wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 112 acres, as generally depicted on the map
entitled ``Sanhedrin Wilderness Addition--Proposed'' and dated
March 29, 2019, which is incorporated in, and considered to be
a part of, the Sanhedrin Wilderness, as designated by section
3(2) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065).
(12) Siskiyou wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 23,913 acres, as generally depicted on the maps
entitled ``Siskiyou Wilderness Additions--Proposed (North)''
and ``Siskiyou Wilderness Additions--Proposed (South)'' and
dated May 15, 2020, which is incorporated in, and considered to
be a part of, the Siskiyou Wilderness, as designated by section
101(a)(30) of the California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by section 3(5) of Public
Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
(13) South fork eel river wilderness addition.--Certain
Federal land managed by the Bureau of Land Management in the
State, comprising approximately 603 acres, as generally
depicted on the map entitled ``South Fork Eel River Wilderness
Additions--Proposed'' and dated October 24, 2019, which is
incorporated in, and considered to be a part of, the South Fork
Eel River Wilderness, as designated by section 3(10) of Public
Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2066).
(14) South fork trinity river wilderness.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 26,115 acres, as generally depicted on the map
entitled ``South Fork Trinity River Wilderness Additions--
Proposed'' and dated May 15, 2020, which shall be known as the
South Fork Trinity River Wilderness.
(15) Trinity alps wilderness addition.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 61,187 acres, as generally depicted on the maps
entitled ``Trinity Alps Proposed Wilderness Additions EAST''
and ``Trinity Alps Wilderness Additions West--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered to
be a part of, the Trinity Alps Wilderness, as designated by
section 101(a)(34) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(7) of
Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
(16) Underwood wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
15,068 acres, as generally depicted on the map entitled
``Underwood Wilderness--Proposed'' and dated May 15, 2020,
which shall be known as the Underwood Wilderness.
(17) Yolla bolly-middle eel wilderness additions.--Certain
Federal land managed by the Forest Service and the Bureau of
Land Management in the State, comprising approximately 11,243
acres, as generally depicted on the maps entitled ``Yolla Bolly
Wilderness Proposed--NORTH'', ``Yolla Bolly Wilderness
Proposed--SOUTH'', and ``Yolla Bolly Wilderness Proposed--
WEST'' and dated May 15, 2020, which is incorporated in, and
considered to be a part of, the Yolla Bolly-Middle Eel
Wilderness, as designated by section 3 of the Wilderness Act
(16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109-
362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
(18) Yuki wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land Management
in the State, comprising approximately 11,076 acres, as
generally depicted on the map entitled ``Yuki Wilderness
Additions--Proposed'' and dated May 15, 2020, which is
incorporated in, and considered to be a part of, the Yuki
Wilderness, as designated by section 3(3) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork Eel River
Wilderness.--Section 101(a)(19) of Public Law 98-425 (16 U.S.C. 1132
note; 98 Stat. 1621) is amended by striking ``North Fork Wilderness''
and inserting ``North Fork Eel River Wilderness''. Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the North Fork Wilderness shall be deemed to be a reference
to the North Fork Eel River Wilderness.
(c) Elkhorn Ridge Wilderness Adjustments.--The boundary of the
Elkhorn Ridge Wilderness established by section 6(d) of Public Law 109-
362 (16 U.S.C. 1132 note) is adjusted by deleting approximately 30
acres of Federal land as generally depicted on the map entitled
``Proposed Elkhorn Ridge Wilderness Additions'' and dated October 24,
2019.
SEC. 5532. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and wilderness additions established by section 5531 shall be
administered by the Secretary in accordance with this subtitle and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this subtitle; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by section
5531 as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
or wilderness additions designated by this subtitle.
(3) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness additions
designated by this subtitle, the Secretary of Agriculture
shall--
(A) not later than 1 year after the date of
enactment of this subtitle, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas and
wilderness additions designated by this subtitle, if established before
the date of enactment of this subtitle, shall be administered in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for lands under the jurisdiction of the Secretary of
Agriculture, the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress (H.
Rept. 96-617); or
(B) for lands under the jurisdiction of the Secretary of
the Interior, the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle
affects the jurisdiction or responsibilities of the State with
respect to fish and wildlife on public land in the State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish, wildlife, and plant
populations and habitats in the wilderness areas or wilderness
additions designated by section 5531, if the management
activities are--
(A) consistent with relevant wilderness management
plans; and
(B) conducted in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, such as the
policies established in Appendix B of House
Report 101-405.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for designation
of wilderness or wilderness additions by this subtitle to lead
to the creation of protective perimeters or buffer zones around
each wilderness area or wilderness addition.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
5531;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 5531; or
(3) the use or establishment of military flight training
routes over the wilderness areas or wilderness additions
designated by section 5531.
(g) Horses.--Nothing in this subtitle precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as a wilderness area or wilderness addition by
section 5531--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness
areas and wilderness additions designated by section 5531 are withdrawn
from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas and wilderness additions designated by this subtitle by
members of Indian Tribes for traditional cultural and religious
purposes, the Secretary shall ensure that Indian Tribes have
access to the wilderness areas and wilderness additions
designated by section 5531 for traditional cultural and
religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian Tribe, may
temporarily close to the general public one or more
specific portions of a wilderness area or wilderness
addition to protect the privacy of the members of the
Indian Tribe in the conduct of the traditional cultural
and religious activities in the wilderness area or
wilderness addition.
(B) Requirement.--Any closure under subparagraph
(A) shall be made in such a manner as to affect the
smallest practicable area for the minimum period of
time necessary for the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas and
wilderness additions under this subsection shall be in
accordance with--
(A) Public Law 95-341 (commonly known as the
American Indian Religious Freedom Act) (42 U.S.C. 1996
et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or wilderness addition designated by
section 5531 that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas and
wilderness additions designated by section 5531 if the Secretary
determines that the facilities and access to the facilities are
essential to flood warning, flood control, or water reservoir operation
activities.
(l) Authorized Events.--The Secretary may continue to authorize the
competitive equestrian event permitted since 2012 in the Chinquapin
Wilderness established by section 5531 in a manner compatible with the
preservation of the area as wilderness.
(m) Recreational Climbing.--Nothing in this subtitle prohibits
recreational rock climbing activities in the wilderness areas, such as
the placement, use, and maintenance of fixed anchors, including any
fixed anchor established before the date of the enactment of this
subtitle--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 5533. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following areas in the State are
designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest Service,
comprising approximately 4,005 acres, as generally depicted on
the map entitled ``Chinquapin Proposed Potential Wilderness''
and dated May 15, 2020.
(2) Certain Federal land administered by the National Park
Service, compromising approximately 31,000 acres, as generally
depicted on the map entitled ``Redwood National Park--Potential
Wilderness'' and dated October 9, 2019.
(3) Certain Federal land managed by the Forest Service,
comprising approximately 5,681 acres, as generally depicted on
the map entitled ``Siskiyou Proposed Potential Wildernesses''
and dated May 15, 2020.
(4) Certain Federal land managed by the Forest Service,
comprising approximately 446 acres, as generally depicted on
the map entitled ``South Fork Trinity River Proposed Potential
Wilderness'' and dated May 15, 2020.
(5) Certain Federal land managed by the Forest Service,
comprising approximately 1,256 acres, as generally depicted on
the map entitled ``Trinity Alps Proposed Potential Wilderness''
and dated May 15, 2020.
(6) Certain Federal land managed by the Forest Service,
comprising approximately 4,386 acres, as generally depicted on
the map entitled ``Yolla Bolly Middle-Eel Proposed Potential
Wilderness'' and dated May 15, 2020.
(7) Certain Federal land managed by the Forest Service,
comprising approximately 2,918 acres, as generally depicted on
the map entitled ``Yuki Proposed Potential Wilderness'' and
dated May 15, 2020.
(b) Management.--Except as provided in subsection (c) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness areas designated by subsection (a) (referred to in this
section as ``potential wilderness areas'') as wilderness until the
potential wilderness areas are designated as wilderness under
subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in a potential wilderness area and
consistent with paragraph (2)), the Secretary may use motorized
equipment and mechanized transport in a potential wilderness
area until the potential wilderness area is designated as
wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(d) Eventual Wilderness Designation.--The potential wilderness
areas shall be designated as wilderness and as a component of the
National Wilderness Preservation System on the earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in a potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of enactment
of this subtitle for potential wilderness areas located on
lands managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On its designation as wilderness under
subsection (d), a potential wilderness area shall be
administered in accordance with section 5532 and the Wilderness
Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On its designation as wilderness under
subsection (d)--
(A) the land described in subsection (a)(1) shall
be incorporated in, and considered to be a part of, the
Chinquapin Wilderness established by section
5531(a)(3);
(B) the land described in subsection (a)(3) shall
be incorporated in, and considered to be a part of, the
Siskiyou Wilderness as designated by section 101(a)(30)
of the California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by section 3(5)
of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065) and expanded by section 5531(a)(12));
(C) the land described in subsection (a)(4) shall
be incorporated in, and considered to be a part of, the
South Fork Trinity River Wilderness established by
section 5531(a)(14);
(D) the land described in subsection (a)(5) shall
be incorporated in, and considered to be a part of, the
Trinity Alps Wilderness as designated by section
101(a)(34) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623) (as amended by section
3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065) and expanded by section 5531(a)(15));
(E) the land described in subsection (a)(6) shall
be incorporated in, and considered to be a part of, the
Yolla Bolly-Middle Eel Wilderness as designated by
section 3 of the Wilderness Act (16 U.S.C. 1132) (as
amended by section 3(4) of Public Law 109-362 (16
U.S.C. 1132 note; 120 Stat. 2065) and expanded by
section 5531(a)(17)); and
(F) the land described in subsection (a)(7) shall
be incorporated in, and considered to be a part of, the
Yuki Wilderness as designated by section 3(3) of Public
Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065) and
expanded by section 5531(a)(18).
(f) Report.--Within 3 years after the date of enactment of this
subtitle, and every 3 years thereafter until the date upon which the
potential wilderness is designated wilderness under subsection (d), the
Secretary shall submit a report to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate on the status of ecological restoration within
the potential wilderness area and the progress toward the potential
wilderness area's eventual wilderness designation under subsection (d).
SEC. 5534. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(231) South fork trinity river.--The following segments
from the source tributaries in the Yolla Bolly-Middle Eel
Wilderness, to be administered by the Secretary of Agriculture:
``(A) The 18.3-mile segment from its multiple
source springs in the Cedar Basin of the Yolla Bolly-
Middle Eel Wilderness in section 15, T. 27 N., R. 10 W.
to .25 miles upstream of the Wild Mad Road, as a wild
river.
``(B) The .65-mile segment from .25 miles upstream
of Wild Mad Road to the confluence with the unnamed
tributary approximately .4 miles downstream of the Wild
Mad Road in section 29, T. 28 N., R. 11 W., as a scenic
river.
``(C) The 9.8-mile segment from .75 miles
downstream of Wild Mad Road to Silver Creek, as a wild
river.
``(D) The 5.4-mile segment from Silver Creek
confluence to Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek to
Cave Creek, as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to the
confluence of the unnamed creek upstream of Hidden
Valley Ranch in section 5, T. 15, R. 7 E., as a wild
river.
``(G) The 2.5-mile segment from unnamed creek
confluence upstream of Hidden Valley Ranch to the
confluence with the unnamed creek flowing west from
Bear Wallow Mountain in section 29, T. 1 N., R. 7 E.,
as a scenic river.
``(H) The 3.8-mile segment from the unnamed creek
confluence in section 29, T. 1 N., R. 7 E. to Plummer
Creek, as a wild river.
``(I) The 1.8-mile segment from Plummer Creek to
the confluence with the unnamed tributary north of
McClellan Place in section 6, T. 1 N., R. 7 E., as a
scenic river.
``(J) The 5.4-mile segment from the unnamed
tributary confluence in section 6, T. 1 N., R. 7 E. to
Hitchcock Creek, as a wild river.
``(K) The 7-mile segment from Eltapom Creek to the
Grouse Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to Coon
Creek, as a wild river.
``(232) East fork south fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 8.4-mile segment from its source in the
Pettijohn Basin in the Yolla Bolly-Middle Eel
Wilderness in section 10, T. 3 S., R. 10 W. to .25
miles upstream of the Wild Mad Road, as a wild river.
``(B) The 3.4-mile segment from .25 miles upstream
of the Wild Mad Road to the South Fork Trinity River,
as a recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from the
confluence with the unnamed tributary in the southeast corner
of section 5, T. 1 S., R. 12 W. to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as a
recreational river.
``(234) Butter creek.--The 7-mile segment from .25 miles
downstream of the Road 3N08 crossing to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as a
scenic river.
``(235) Hayfork creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek to
Bear Creek, as a recreational river.
``(B) The 13.2-mile segment from Bear Creek to the
northern boundary of section 19, T. 3 N., R. 7 E., as a
scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the
confluence of its source tributaries in section 5, T. 3 N., R.
7 E. to the northern boundary of section 24, T. 3 N., R. 6 E.,
to be administered by the Secretary of the Interior as a scenic
river.
``(237) Rusch creek.--The 3.2-mile segment from .25 miles
downstream of the 32N11 Road crossing to Hayfork Creek, to be
administered by the Secretary of Agriculture as a recreational
river.
``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn
Creek to the South Fork Trinity River, to be administered by
the Secretary of Agriculture as a wild river.
``(239) Grouse creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek to Cow
Creek, as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to the
South Fork Trinity River, as a recreational river.
``(240) Madden creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the confluence of
Madden Creek and its unnamed tributary in section 18,
T. 5 N., R. 5 E. to Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile Creek to
the South Fork Trinity River, as a recreational river.
``(241) Canyon creek.--The following segments to be
administered by the Secretary of Agriculture and the Secretary
of the Interior:
``(A) The 6.6-mile segment from the outlet of lower
Canyon Creek Lake to Bear Creek upstream of Ripstein,
as a wild river.
``(B) The 11.2-mile segment from Bear Creek
upstream of Ripstein to the southern boundary of
section 25, T. 34 N., R. 11 W., as a recreational
river.
``(242) North fork trinity river.--The following segments
to be administered by the Secretary of Agriculture:
``(A) The 12-mile segment from the confluence of
source tributaries in section 24, T. 8 N., R. 12 W. to
the Trinity Alps Wilderness boundary upstream of Hobo
Gulch, as a wild river.
``(B) The .5-mile segment from where the river
leaves the Trinity Alps Wilderness to where it fully
reenters the Trinity Alps Wilderness downstream of Hobo
Gulch, as a scenic river.
``(C) The 13.9-mile segment from where the river
fully reenters the Trinity Alps Wilderness downstream
of Hobo Gulch to the Trinity Alps Wilderness boundary
upstream of the County Road 421 crossing, as a wild
river.
``(D) The 1.3-mile segment from the Trinity Alps
Wilderness boundary upstream of the County Road 421
crossing to the Trinity River, as a recreational river.
``(243) East fork north fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment from the river's source
north of Mt. Hilton in section 19, T. 36 N., R. 10 W.
to the end of Road 35N20 approximately .5 miles
downstream of the confluence with the East Branch East
Fork North Fork Trinity River, as a wild river.
``(B) The 3.25-mile segment from the end of Road
35N20 to .25 miles upstream of Coleridge, as a scenic
river.
``(C) The 4.6-mile segment from .25 miles upstream
of Coleridge to the confluence of Fox Gulch, as a
recreational river.
``(244) New river.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek from
its source spring in section 22, T. 9 N., R. 7 E. to
Slide Creek, as a wild river.
``(B) The 2.3-mile segment of the New River where
it begins at the confluence of Virgin and Slide Creeks
to Barron Creek, as a wild river.
``(245) Middle eel river.--The following segment, to be
administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source in
Frying Pan Meadow to Rose Creek, as a wild river.
``(B) The 1.5-mile segment from Rose Creek to the
Black Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead Creek
from its source in Hopkins Hollow to the Middle Eel
River, as a wild river.
``(D) The 13-mile segment of the North Fork Middle
Fork Eel River from the source on Dead Puppy Ridge in
section 11, T. 26 N., R. 11 W. to the confluence of the
Middle Eel River, as a wild river.
``(246) North fork eel river, ca.--The 14.3-mile segment
from the confluence with Gilman Creek to the Six Rivers
National Forest boundary, to be administered by the Secretary
of Agriculture as a wild river.
``(247) Red mountain creek, ca.--The following segments to
be administered by the Secretary of Agriculture:
``(A) The 5.25-mile segment from its source west of
Mike's Rock in section 23, T. 26 N., R. 12 E. to the
confluence with Littlefield Creek, as a wild river.
``(B) The 1.6-mile segment from the confluence with
Littlefield Creek to the confluence with the unnamed
tributary in section 32, T. 26 N., R. 8 E., as a scenic
river.
``(C) The 1.25-mile segment from the confluence
with the unnamed tributary in section 32, T. 4 S., R. 8
E. to the confluence with the North Fork Eel River, as
a wild river.
``(248) Redwood creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with
Lacks Creek to the confluence with Coyote Creek as a
scenic river on publication by the Secretary of a
notice in the Federal Register that sufficient
inholdings within the boundaries of the segments have
been acquired in fee title to establish a manageable
addition to the system.
``(B) The 19.1-mile segment from the confluence
with Coyote Creek in section 2, T. 8 N., R. 2 E. to the
Redwood National Park boundary upstream of Orick in
section 34, T. 11 N., R. 1 E. as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek (also
known as Harry Weir Creek) from its source in section
29, T. 10 N., R. 2 E. to the confluence with Redwood
Creek as a scenic river.
``(249) Lacks creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the confluence with
two unnamed tributaries in section 14, T. 7 N., R. 3 E.
to Kings Crossing in section 27, T. 8 N., R. 3 E. as a
wild river.
``(B) The 2.7-mile segment from Kings Crossing to
the confluence with Redwood Creek as a scenic river
upon publication by the Secretary of a notice in the
Federal Register that sufficient inholdings within the
segment have been acquired in fee title or as scenic
easements to establish a manageable addition to the
system.
``(250) Lost man creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek from
its source in section 5, T. 10 N., R. 2 E. to .25 miles
upstream of the Prairie Creek confluence, as a
recreational river.
``(B) The 2.3-mile segment of Larry Damm Creek from
its source in section 8, T. 11 N., R. 2 E. to the
confluence with Lost Man Creek, as a recreational
river.
``(251) Little lost man creek.--The 3.6-mile segment of
Little Lost Man Creek from its source in section 6, T. 10 N.,
R. 2 E. to .25 miles upstream of the Lost Man Creek road
crossing, to be administered by the Secretary of the Interior
as a wild river.
``(252) South fork elk river.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of California:
``(A) The 3.6-mile segment of the Little South Fork
Elk River from the source in section 21, T. 3 N., R. 1
E. to the confluence with the South Fork Elk River, as
a wild river.
``(B) The 2.2-mile segment of the unnamed tributary
of the Little South Fork Elk River from its source in
section 15, T. 3 N., R. 1 E. to the confluence with the
Little South Fork Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork Elk
River from the confluence of the Little South Fork Elk
River to the confluence with Tom Gulch, as a
recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its source
in section 27, T. 3 N., R. 1 E. to the Headwaters Forest
Reserve boundary in section 18, T. 3 N., R. 1 E. to be
administered by the Secretary of the Interior as a wild river
through a cooperative management agreement with the State of
California.
``(254) South fork eel river.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with
Jack of Hearts Creek to the southern boundary of the
South Fork Eel Wilderness in section 8, T. 22 N., R. 16
W., as a recreational river to be administered by the
Secretary through a cooperative management agreement
with the State of California.
``(B) The 6.1-mile segment from the southern
boundary of the South Fork Eel Wilderness to the
northern boundary of the South Fork Eel Wilderness in
section 29, T. 23 N., R. 16 W., as a wild river.
``(255) Elder creek.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of California:
``(A) The 3.6-mile segment from its source north of
Signal Peak in section 6, T. 21 N., R. 15 W. to the
confluence with the unnamed tributary near the center
of section 28, T. 22 N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the confluence with
the unnamed tributary near the center of section 28, T.
22 N., R. 15 W. to the confluence with the South Fork
Eel River, as a recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon from
its source south of Signal Peak in section 7, T. 21 N.,
R. 15 W. to the confluence with Elder Creek, as a wild
river.
``(256) Cedar creek.--The following segments to be
administered as a wild river by the Secretary of the Interior:
``(A) The 7.7-mile segment from its source in
section 22, T. 24 N., R. 16 W. to the southern boundary
of the Red Mountain unit of the South Fork Eel
Wilderness.
``(B) The 1.9-mile segment of North Fork Cedar
Creek from its source in section 28, T. 24 N., R. 16 E.
to the confluence with Cedar Creek.
``(257) East branch south fork eel river.--The following
segments to be administered by the Secretary of the Interior as
a scenic river on publication by the Secretary of a notice in
the Federal Register that sufficient inholdings within the
boundaries of the segments have been acquired in fee title or
as scenic easements to establish a manageable addition to the
system:
``(A) The 2.3-mile segment of Cruso Cabin Creek
from the confluence of two unnamed tributaries in
section 18, T. 24 N., R. 15 W. to the confluence with
Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek from
the confluence of two unnamed tributaries in section
22, T. 24 N., R. 16 W. to the confluence with Cruso
Cabin Creek.
``(C) The 14.2-mile segment of the East Branch
South Fork Eel River from the confluence of Cruso Cabin
and Elkhorn Creeks to the confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed tributary
from its source on the north flank of Red Mountain's
north ridge in section 2, T. 24 N., R. 17 W. to the
confluence with the East Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed tributary
from its source on the north flank of Red Mountain's
north ridge in section 1, T. 24 N., R. 17 W. to the
confluence with the East Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek from
the confluence with the unnamed tributary in section
12, T. 5 S., R. 4 E. to the confluence with the East
Branch South Fork Eel River.
``(258) Mattole river estuary.--The 1.5-mile segment from
the confluence of Stansberry Creek to the Pacific Ocean, to be
administered as a recreational river by the Secretary of the
Interior.
``(259) Honeydew creek.--The following segments to be
administered as a wild river by the Secretary of the Interior:
``(A) The 5.1-mile segment of Honeydew Creek from
its source in the southwest corner of section 25, T. 3
S., R. 1 W. to the eastern boundary of the King Range
National Conservation Area in section 18, T. 3 S., R. 1
E.
``(B) The 2.8-mile segment of West Fork Honeydew
Creek from its source west of North Slide Peak to the
confluence with Honeydew Creek.
``(C) The 2.7-mile segment of Upper East Fork
Honeydew Creek from its source in section 23, T. 3 S.,
R. 1 W. to the confluence with Honeydew Creek.
``(260) Bear creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear Creek
from the confluence with the unnamed tributary
immediately downstream of the Horse Mountain Road
crossing to the confluence with the South Fork, as a
scenic river.
``(B) The 6.1-mile segment of South Fork Bear Creek
from the confluence in section 2, T. 5 S., R. 1 W. with
the unnamed tributary flowing from the southwest flank
of Queen Peak to the confluence with the North Fork, as
a scenic river.
``(C) The 3-mile segment of Bear Creek from the
confluence of the North and South Forks to the southern
boundary of section 11, T. 4 S., R. 1 E., as a wild
river.
``(261) Gitchell creek.--The 3-mile segment of Gitchell
Creek from its source near Saddle Mountain to the Pacific Ocean
to be administered by the Secretary of the Interior as a wild
river.
``(262) Big flat creek.--The following segments to be
administered by the Secretary of the Interior as a wild river:
``(A) The 4-mile segment of Big Flat Creek from its
source near King Peak in section 36, T. 3 S., R. 1 W.
to the Pacific Ocean.
``(B) The .8-mile segment of the unnamed tributary
from its source in section 35, T. 3 S., R. 1 W. to the
confluence with Big Flat Creek.
``(C) The 2.7-mile segment of North Fork Big Flat
Creek from the source in section 34, T. 3 S., R. 1 W.
to the confluence with Big Flat Creek.
``(263) Big creek.--The following segments to be
administered by the Secretary of the Interior as wild rivers:
``(A) The 2.7-mile segment of Big Creek from its
source in section 26, T. 3 S., R. 1 W. to the Pacific
Ocean.
``(B) The 1.9-mile unnamed southern tributary from
its source in section 25, T. 3 S., R. 1 W. to the
confluence with Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its
confluence with Lookout Creek to its confluence with Deep Hole
Creek, to be jointly administered by the Secretaries of
Agriculture and the Interior, as a wild river.
``(265) Eden creek.--The 2.7-mile segment from the private
property boundary in the northwest quarter of section 27, T. 21
N., R. 12 W. to the eastern boundary of section 23, T. 21 N.,
R. 12 W., to be administered by the Secretary of the Interior
as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from the
private property boundary in the southwest quarter of section
13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to be
administered by the Secretary of the Interior as a wild river.
``(267) Indian creek.--The 3.3-mile segment from 300 feet
downstream of the jeep trail in section 13, T. 20 N., R. 13 W.
to the confluence with the Eel River, to be administered by the
Secretary of the Interior as a wild river.
``(268) Fish creek.--The 4.2-mile segment from the source
at Buckhorn Spring to the confluence with the Eel River, to be
administered by the Secretary of the Interior as a wild
river.''.
SEC. 5535. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is
established the Sanhedrin Special Conservation Management Area
(referred to in this section as the ``conservation management area''),
comprising approximately 12,254 acres of Federal land administered by
the Forest Service in Mendocino County, California, as generally
depicted on the map entitled ``Sanhedrin Conservation Management Area''
and dated May 15, 2020.
(b) Purposes.--The purposes of the conservation management area are
to--
(1) conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, roadless, cultural, historical,
natural, educational, and scientific resources of the
conservation management area;
(2) protect and restore late-successional forest structure,
oak woodlands and grasslands, aquatic habitat, and anadromous
fisheries within the conservation management area;
(3) protect and restore the wilderness character of the
conservation management area; and
(4) allow visitors to enjoy the scenic, natural, cultural,
and wildlife values of the conservation management area.
(c) Management.--
(1) In general.--The Secretary shall manage the
conservation management area--
(A) in a manner consistent with the purposes
described in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National Forest
System;
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow uses of the
conservation management area that the Secretary determines
would further the purposes described in subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3), the
use of motorized vehicles in the conservation management area
shall be permitted only on existing roads, trails, and areas
designated for use by such vehicles as of the date of enactment
of this subtitle.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be constructed
within the conservation management area.
(3) Exception.--Nothing in paragraph (1) or (2) prevents
the Secretary from--
(A) rerouting or closing an existing road or trail
to protect natural resources from degradation, or to
protect public safety, as determined to be appropriate
by the Secretary;
(B) designating routes of travel on lands acquired
by the Secretary and incorporated into the conservation
management area if the designations are--
(i) consistent with the purposes described
in subsection (b); and
(ii) completed, to the maximum extent
practicable, within 3 years of the date of
acquisition;
(C) constructing a temporary road on which
motorized vehicles are permitted as part of a
vegetation management project carried out in accordance
with subsection (e);
(D) authorizing the use of motorized vehicles for
administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Requirement.--The Secretary shall decommission
any temporary road constructed under paragraph (3)(C)
not later than 3 years after the date on which the
applicable vegetation management project is completed.
(B) Definition.--As used in subparagraph (A), the
term ``decommission'' means--
(i) to reestablish vegetation on a road;
and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or adversely
impacted by the road by removing or
hydrologically disconnecting the road prism.
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no
harvesting of timber shall be allowed within the conservation
management area.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the conservation management area--
(A) if the Secretary determines that the harvesting
is necessary to further the purposes of the
conservation management area;
(B) in a manner consistent with the purposes
described in subsection (b); and
(C) subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary determines
appropriate; and
(ii) all applicable laws (including
regulations).
(f) Grazing.--The grazing of livestock in the conservation
management area, where established before the date of enactment of this
subtitle, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes described in
subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary may take any measures within the conservation
management area that the Secretary determines to be necessary to
control fire, insects, and diseases, including the coordination of
those activities with a State or local agency.
(h) Acquisition and Incorporation of Land and Interests in Land.--
(1) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within or adjacent to the boundaries
of the conservation management area by purchase from willing
sellers, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired
by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of,
the conservation management area; and
(B) withdrawn in accordance with subsection (i).
(i) Withdrawal.--Subject to valid existing rights, all Federal land
located in the conservation management area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
PART 4--MISCELLANEOUS
SEC. 5541. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this subtitle, the Secretary shall prepare maps and legal
descriptions of the--
(1) wilderness areas and wilderness additions designated by
section 5531;
(2) potential wilderness areas designated by section 5533;
(3) South Fork Trinity-Mad River Restoration Area;
(4) Horse Mountain Special Management Area; and
(5) Sanhedrin Special Conservation Management Area.
(b) Submission of Maps and Legal Descriptions.--The Secretary shall
file the maps and legal descriptions prepared under subsection (a)
with--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
(c) Force of Law.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this subtitle, except that the Secretary may correct any clerical and
typographical errors in the maps and legal descriptions.
(d) Public Availability.--The maps and legal descriptions prepared
under subsection (a) shall be on file and available for public
inspection in the appropriate offices of the Forest Service, Bureau of
Land Management, and National Park Service.
SEC. 5542. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable, in accordance with applicable laws
(including regulations), the Secretary shall incorporate the
designations and studies required by this subtitle into updated
management plans for units covered by this subtitle.
SEC. 5543. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND
RIGHTS-OF-WAY.
(a) Effect of Title.--Nothing in this subtitle--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity (including the use of any mechanized
vehicle, helicopter, and other aerial device) in a right-of-way
acquired by or issued, granted, or permitted to Pacific Gas and
Electric Company (including any predecessor or successor in
interest or assign) that is located on land included in the
South Fork Trinity--Mad River Restoration Area, Bigfoot
National Recreation Trail, Sanhedrin Special Conservation
Management Area, and Horse Mountain Special Management Area; or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and
Electric Company, including those utility facilities
known on the date of enactment of this subtitle within
the--
(i) South Fork Trinity--Mad River
Restoration Area known as--
(I) Gas Transmission Line 177A or
rights-of-way;
(II) Gas Transmission Line DFM
1312-02 or rights-of-way;
(III) Electric Transmission Line
Bridgeville--Cottonwood 115 kV or
rights-of-way;
(IV) Electric Transmission Line
Humboldt--Trinity 60 kV or rights-of-
way;
(V) Electric Transmission Line
Humboldt--Trinity 115 kV or rights-of-
way;
(VI) Electric Transmission Line
Maple Creek--Hoopa 60 kV or rights-of-
way;
(VII) Electric Distribution Line--
Willow Creek 1101 12 kV or rights-of-
way;
(VIII) Electric Distribution Line--
Willow Creek 1103 12 kV or rights-of-
way;
(IX) Electric Distribution Line--
Low Gap 1101 12 kV or rights-of-way;
(X) Electric Distribution Line--
Fort Seward 1121 12 kV or rights-of-
way;
(XI) Forest Glen Border District
Regulator Station or rights-of-way;
(XII) Durret District Gas Regulator
Station or rights-of-way;
(XIII) Gas Distribution Line 4269C
or rights-of-way;
(XIV) Gas Distribution Line 43991
or rights-of-way;
(XV) Gas Distribution Line 4993D or
rights-of-way;
(XVI) Sportsmans Club District Gas
Regulator Station or rights-of-way;
(XVII) Highway 36 and Zenia
District Gas Regulator Station or
rights-of-way;
(XVIII) Dinsmore Lodge 2nd Stage
Gas Regulator Station or rights-of-way;
(XIX) Electric Distribution Line--
Wildwood 1101 12kV or rights-of-way;
(XX) Low Gap Substation;
(XXI) Hyampom Switching Station; or
(XXII) Wildwood Substation;
(ii) Bigfoot National Recreation Trail
known as--
(I) Gas Transmission Line 177A or
rights-of-way;
(II) Electric Transmission Line
Humboldt--Trinity 115 kV or rights-of-
way;
(III) Electric Transmission Line
Bridgeville--Cottonwood 115 kV or
rights-of-way; or
(IV) Electric Transmission Line
Humboldt--Trinity 60 kV or rights-of-
way;
(iii) Sanhedrin Special Conservation
Management Area known as, Electric Distribution
Line--Willits 1103 12 kV or rights-of-way; or
(iv) Horse Mountain Special Management Area
known as, Electric Distribution Line Willow
Creek 1101 12 kV or rights-of-way; or
(B) utility facilities of the Pacific Gas and
Electric Company in rights-of-way issued, granted, or
permitted by the Secretary adjacent to a utility
facility referred to in paragraph (1).
(b) Plans for Access.--Not later than 1 year after the date of
enactment of this subtitle or the issuance of a new utility facility
right-of-way within the South Fork Trinity--Mad River Restoration Area,
Bigfoot National Recreation Trail, Sanhedrin Special Conservation
Management Area, and Horse Mountain Special Management Area, whichever
is later, the Secretary, in consultation with the Pacific Gas and
Electric Company, shall publish plans for regular and emergency access
by the Pacific Gas and Electric Company to the rights-of-way of the
Pacific Gas and Electric Company.
Subtitle C--Wild Olympics Wilderness and Wild and Scenic Rivers
SEC. 5551. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the Olympic National
Forest in the State of Washington comprising approximately 126,554
acres, as generally depicted on the map entitled ``Proposed Wild
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8,
2019 (referred to in this section as the ``map''), is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres, as
generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres, as
generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 21,965
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Buckhorn Wilderness'',
as designated by section 3 of the Washington State Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 26,517
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Wonder Mountain
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 10,887
acres, as generally depicted on the map, which shall be known
as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sam's river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres, as
generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this subtitle.
(2) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this subtitle, the Secretary shall
file a map and a legal description of the land
designated as wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map, is
designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the boundary
of any wilderness area designated under this section shall be
permitted even if the activity or use would be seen or heard
within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and diseases, in
the wilderness areas designated by this section, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
subject to such terms and conditions as the Secretary determines to be
appropriate.
SEC. 5552. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the source
to Cat Creek, to be administered by the Secretary of the
Interior as a wild river.
``(232) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of Washington
Department of Natural Resources land in T. 29 N., R. 4 W., sec.
12, to be administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following classes:
``(A) The approximately 5.8-mile segment of the
Dungeness River from the headwaters to the 2870 Bridge,
as a wild river.
``(B) The approximately 2.1-mile segment of the
Dungeness River from the 2870 Bridge to Silver Creek,
as a scenic river.
``(C) The approximately 2.7-mile segment of the
Dungeness River from Silver Creek to Sleepy Hollow
Creek, as a wild river.
``(D) The approximately 6.3-mile segment of the
Dungeness River from Sleepy Hollow Creek to the Olympic
National Forest boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the
Dungeness River from the National Forest boundary to
the State of Washington Department of Natural Resources
land in T. 29 N., R. 4 W., sec. 12, to be administered
as a recreational river through a cooperative
management agreement between the State of Washington
and the Secretary of Agriculture as provided in section
10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)).
``(F) The approximately 16.1-mile segment of the
Gray Wolf River from the headwaters to the 2870 Bridge,
as a wild river.
``(G) The approximately 1.1-mile segment of the
Gray Wolf River from the 2870 Bridge to the confluence
with the Dungeness River, as a scenic river.
``(233) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a
wild river.
``(B) The approximately 5.3-mile segment from the
Buckhorn Wilderness boundary to the City of Port
Townsend water intake facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing
of dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works, shall apply
to the approximately 5-mile segment from the City of
Port Townsend water intake facility to the Olympic
National Forest boundary.
``(234) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in T.
26 N., R. 3 W., sec. 15, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N., R. 3 W.,
sec. 15, as a scenic river.
``(235) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a
wild river.
``(B) The approximately 1.9-mile segment from the
Brothers Wilderness boundary to the private land in T.
25 N., R. 3 W., sec. 1, as a scenic river.
``(236) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW1/4 sec. 21, T. 24 N., R. 3 W., to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as
a wild river.
``(B) The approximately 5.8-mile segment from the
Mt. Skokomish Wilderness boundary to Lena Creek, as a
scenic river.
``(C) The approximately 6.8-mile segment from Lena
Creek to the eastern edge of the NW1/4 sec. 21, T. 24
N., R. 3 W., to be administered as a recreational river
through a cooperative management agreement between the
State of Washington and the Secretary of Agriculture as
provided in section 10(e) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e)).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar
Creek to upper end of gorge in the NW1/4 sec. 22, T. 22
N., R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the
upper end of the gorge to the Olympic National Forest
boundary, as a scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(240) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain
Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from the
boundary of the Wonder Mountain Wilderness to the head
of Wynoochee Reservoir, as a recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary,
as a wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic
National Forest boundary, as a scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(243) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24 N.,
R. 8 W., sec. 33, to be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R. 8 W.,
sec. 33, as a recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary of
Agriculture, including the following segments of the mainstem
and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the
Queets River from the headwaters to the confluence with
Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of the
Queets River from the confluence with Sams River to the
Olympic National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the
Sams River from the headwaters to the confluence with
the Queets River, as a scenic river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the confluence
with the Queets River, to be administered as a scenic
river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture as provided in section 10(e) of the Wild
and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(245) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the following
classes:
``(A) The approximately 20.7-mile segment of the
Hoh River from the headwaters to Jackson Creek, as a
wild river.
``(B) The approximately 6.0-mile segment of the Hoh
River from Jackson Creek to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of the
South Fork Hoh River from the headwaters to the Olympic
National Park boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the
South Fork Hoh River from the Olympic National Park
boundary to the Washington State Department of Natural
Resources boundary in T. 27 N., R. 10 W., sec. 29, to
be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture as provided
in section 10(e) of the Wild and Scenic Rivers Act (16
U.S.C. 1281(e)).
``(246) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to the
Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(247) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary Sitkum
River from the headwaters to Hyas Creek to be administered by
the Secretary of Agriculture, except those portions of the
river within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, including the
following segments in the following classes:
``(A) The approximately 15.7-mile segment of the
South Fork Calawah River from the headwaters to the
Sitkum River, as a wild river.
``(B) The approximately 0.9-mile segment of the
South Fork Calawah River from the Sitkum River to Hyas
Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of the
Sitkum River from the headwaters to the Rugged Ridge
Wilderness boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the
Sitkum River from the Rugged Ridge Wilderness boundary
to the confluence with the South Fork Calawah, as a
scenic river.
``(248) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol
Duc River from the headwaters to the end of Sol Duc Hot
Springs Road, as a wild river.
``(B) The approximately 10.8-mile segment of the
Sol Duc River from the end of Sol Duc Hot Springs Road
to the Olympic National Park boundary, as a scenic
river.
``(C) The approximately 14.2-mile segment of the
North Fork Sol Duc River from the headwaters to the
Olympic Hot Springs Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the
North Fork Sol Duc River from the Olympic Hot Springs
Road bridge to the confluence with the Sol Duc River,
as a scenic river.
``(E) The approximately 8.0-mile segment of the
South Fork Sol Duc River from the headwaters to the
confluence with the Sol Duc River, as a scenic river.
``(249) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary of
the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not affect
valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this
subtitle, the Secretary of Agriculture shall, with respect to
the designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National Forest
System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of the enactment of this subtitle if
the Secretary of Agriculture--
(A) is unable to meet the requirement under such
paragraph by the date specified in such paragraph; and
(B) not later than 3 years after the date of the
enactment of this subtitle, includes in the Department
of Agriculture annual budget submission to Congress a
request for additional sums as may be necessary to meet
the requirement of such paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 5553. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the National
Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this
subtitle or the amendment made by section 302(a) affects or abrogates
existing rights, privileges, or contracts held by private parties, nor
does this subtitle in any way modify or direct the management,
acquisition, or disposition of lands managed by the Washington
Department of Natural Resources on behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by this subtitle
and the amendment made by section 302(a) is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5554. TREATY RIGHTS.
Nothing in this subtitle alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian tribe with
hunting, fishing, gathering, and cultural or religious rights as
protected by a treaty.
Subtitle D--Central Coast Heritage Protection
SEC. 5561. DEFINITIONS.
In this subtitle:
(1) Scenic areas.--The term ``scenic area'' means a scenic
area designated by section 407(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the Bureau of
Land Management, the Secretary of the Interior; and
(B) with respect to land managed by the Forest
Service, the Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area or wilderness addition designated by section
402(a).
SEC. 5562. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 35,116
acres, as generally depicted on the map entitled ``Proposed
Caliente Mountain Wilderness'' and dated November 13, 2019,
which shall be known as the ``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 13,332
acres, as generally depicted on the map entitled ``Proposed
Soda Lake Wilderness'' and dated June 25, 2019, which shall be
known as the ``Soda Lake Wilderness''.
(3) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 12,585
acres, as generally depicted on the map entitled ``Proposed
Temblor Range Wilderness'' and dated June 25, 2019, which shall
be known as the ``Temblor Range Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally depicted on
the map entitled ``Chumash Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Chumash Wilderness
as designated by the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,036 acres, as generally depicted on
the maps entitled ``Dick Smith Wilderness Area Additions--
Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and
``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2
(Buckhorn and Mono Units)'' and dated November 14, 2019, which
shall be incorporated into and managed as part of the Dick
Smith Wilderness as designated by the California Wilderness Act
of 1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(6) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 7,289 acres, as generally depicted on
the map entitled ``Garcia Wilderness Area Additions--Proposed''
and dated March 29, 2019, which shall be incorporated into and
managed as part of the Garcia Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 8,774 acres, as generally depicted on
the map entitled ``Machesna Mountain Wilderness--Proposed
Additions'' and dated October 30, 2019, which shall be
incorporated into and managed as part of the Machesna Mountain
Wilderness as designated by the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally depicted on
the map entitled ``Matilija Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Matilija
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 23,969 acres, as generally depicted on
the map entitled ``San Rafael Wilderness Area Additions--
Proposed'' and dated February 2, 2021, which shall be
incorporated into and managed as part of the San Rafael
Wilderness as designated by Public Law 90-271 (82 Stat. 51),
the California Wilderness Act of 1984 (Public Law 98-425; 16
U.S.C. 1132 note), and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 2,921 acres, as generally depicted on
the map entitled ``Santa Lucia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Santa Lucia
Wilderness as designated by the Endangered American Wilderness
Act of 1978 (Public Law 95-237; 16 U.S.C. 1132 note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally depicted on
the map entitled ``Sespe Wilderness Area Additions--Proposed''
and dated March 29, 2019, which shall be incorporated into and
managed as part of the Sespe Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally depicted on
the map entitled ``Diablo Caliente Wilderness Area--Proposed''
and dated March 29, 2019, which shall be known as the ``Diablo
Caliente Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall file maps and
legal descriptions of the wilderness areas with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
SEC. 5563. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 2,359 acres, as generally depicted on
the map entitled ``Machesna Mountain Potential Wilderness'' and dated
March 29, 2019, is designated as the Machesna Mountain Potential
Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall file a map and
legal description of the Machesna Mountain Potential Wilderness
Area (referred to in this section as the ``potential wilderness
area'') with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the map and
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use, Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary may reconstruct, realign, or reroute the Pine
Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the reconstruction, realignment, or
rerouting with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail reconstruction, realignment,
or rerouting authorized by this subsection.
(4) Motorized and mechanized vehicles.--The Secretary may
permit the use of motorized and mechanized vehicles on the
existing Pine Mountain Trail in accordance with existing law
(including regulations) and this subsection until such date as
the potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
reconstruction, realignment, or rerouting authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 150 feet of the
centerline of the new location of any trail that has been
reconstructed, realigned, or rerouted under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
reconstruction, realignment, or rerouting authorized by
subsection (d) has been completed; or
(B) the date that is 20 years after the date of
enactment of this subtitle.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the Machesna Mountain
Wilderness Area, as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C.
1132 note) and expanded by section 402; and
(B) administered in accordance with section 404 and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 5564. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary in accordance with this
subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this subtitle; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to be
a reference to the Secretary that has jurisdiction over the
wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures in a
wilderness area as are necessary for the control of fire,
insects, and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of
the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this subtitle, the Secretary shall amend the local information
in the Fire Management Reference System or individual
operational plans that apply to the land designated as a
wilderness area.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas, the
Secretary shall enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas, if
established before the date of enactment of this subtitle, shall be
permitted to continue, subject to any reasonable regulations as the
Secretary considers necessary in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress for land
under the jurisdiction of the Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land under the
jurisdiction of the Secretary of Agriculture; and
(4) all other laws governing livestock grazing on Federal
public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle
affects the jurisdiction or responsibilities of the State with
respect to fish and wildlife on public land in the State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife populations
and habitats in the wilderness areas, if the management
activities are--
(A) consistent with relevant wilderness management
plans;
(B) conducted in accordance with appropriate
policies, such as the policies established in Appendix
B of House Report 101-405; and
(C) in accordance with memoranda of understanding
between the Federal agencies and the State Department
of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this subtitle to lead to the
creation of protective perimeters or buffer zones around each
wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas;
(2) the designation of new units of special airspace over
the wilderness areas; or
(3) the use or establishment of military flight training
routes over wilderness areas.
(g) Horses.--Nothing in this subtitle precludes horseback riding
in, or the entry of recreational saddle or pack stock into, a
wilderness area--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness
areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(C) any other applicable law.
(j) Treatment of Existing Water Diversions in the San Rafael
Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of
Agriculture may issue a special use authorization to the owners
of the 2 existing water transport or diversion facilities,
including administrative access roads (in this subsection
referred to as a ``facility''), located on National Forest
System land in the San Rafael Wilderness Additions in the Moon
Canyon unit (T. 11 N., R. 30 W., secs. 13 and 14) and the Peak
Mountain unit (T. 10 N., R. 28 W., secs. 23 and 26) for the
continued operation, maintenance, and reconstruction of the
facility if the Secretary determines that--
(A) the facility was in existence on the date on
which the land on which the facility is located was
designated as part of the National Wilderness
Preservation System (in this subsection referred to as
``the date of designation'');
(B) the facility has been in substantially
continuous use to deliver water for the beneficial use
on the non-Federal land of the owner since the date of
designation;
(C) the owner of the facility holds a valid water
right for use of the water on the non-Federal land of
the owner under State law, with a priority date that
predates the date of designation; and
(D) it is not practicable or feasible to relocate
the facility to land outside of the wilderness and
continue the beneficial use of water on the non-Federal
land recognized under State law.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special
use authorization issued under paragraph (1), the
Secretary may--
(i) allow use of motorized equipment and
mechanized transport for operation,
maintenance, or reconstruction of a facility,
if the Secretary determines that--
(I) the use is the minimum
necessary to allow the facility to
continue delivery of water to the non-
Federal land for the beneficial uses
recognized by the water right held
under State law; and
(II) the use of nonmotorized
equipment and nonmechanized transport
is impracticable or infeasible; and
(ii) preclude use of the facility for the
diversion or transport of water in excess of
the water right recognized by the State on the
date of designation.
(B) Discretionary terms and conditions.--In a
special use authorization issued under paragraph (1),
the Secretary may require or allow modification or
relocation of the facility in the wilderness, as the
Secretary determines necessary, to reduce impacts to
wilderness values set forth in section 2 of the
Wilderness Act (16 U.S.C. 1131) if the beneficial use
of water on the non-Federal land is not diminished.
(k) Treatment of Existing Electrical Distribution Line in the San
Rafael Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of
Agriculture may issue a special use authorization to the owners
of the existing electrical distribution line to the Plowshare
Peak communication site (in this subsection referred to as a
``facility'') located on National Forest System land in the San
Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N.,
R. 30 W., secs. 2, 3 and 4) for the continued operation,
maintenance, and reconstruction of the facility if the
Secretary determines that--
(A) the facility was in existence on the date on
which the land on which the facility is located was
designated as part of the National Wilderness
Preservation System (in this subsection referred to as
``the date of designation'');
(B) the facility has been in substantially
continuous use to deliver electricity to the
communication site; and
(C) it is not practicable or feasible to relocate
the distribution line to land outside of the
wilderness.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special
use authorization issued under paragraph (1), the
Secretary may allow use of motorized equipment and
mechanized transport for operation, maintenance, or
reconstruction of the electrical distribution line, if
the Secretary determines that the use of nonmotorized
equipment and nonmechanized transport is impracticable
or infeasible.
(B) Discretionary terms and conditions.--In a
special use authorization issued under paragraph (1),
the Secretary may require or allow modification or
relocation of the facility in the wilderness, as the
Secretary determines necessary, to reduce impacts to
wilderness values set forth in section 2 of the
Wilderness Act (16 U.S.C. 1131).
(l) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas if the
Secretary determines that the facilities and access to the facilities
are essential to flood warning, flood control, or water reservoir
operation activities.
SEC. 5565. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek, California.--
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding at the end the following:
``(231) Indian creek, california.--The following segments
of Indian Creek in the State of California, to be administered
by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its
source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith
Wilderness boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the
Dick Smith Wilderness boundary to 0.25 miles downstream
of Road 6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from
0.25 miles downstream of Road 6N24 to the southern
boundary of sec. 32, T. 6 N., R. 26 W., as a wild
river.
``(232) Mono creek, california.--The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its
source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles
upstream of Don Victor Fire Road in sec. 28, T. 7 N.,
R. 25 W., as a wild river.
``(B) The 2.1-mile segment of Mono Creek from 0.25
miles upstream of the Don Victor Fire Road in sec. 28,
T. 7 N., R. 25 W., to 0.25 miles downstream of Don
Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a
recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25
miles downstream of Don Victor Fire Road in sec. 34, T.
7 N., R. 25 W., to the Ogilvy Ranch private property
boundary in sec. 22, T. 6 N., R. 26 W., as a wild
river.
``(D) The 3.5-mile segment of Mono Creek from the
Ogilvy Ranch private property boundary to the southern
boundary of sec. 33, T. 6 N., R. 26 W., as a
recreational river.
``(233) Matilija creek, california.--The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek
from its source in sec. 25, T. 6 N., R. 25 W., to the
private property boundary in sec. 9, T. 5 N., R. 24 W.,
as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R.
24 W., to the Matilija Wilderness boundary, as a wild
river.''.
(b) Sespe Creek, California.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (142)
and inserting the following:
``(142) Sespe creek, california.--The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the
private property boundary in sec. 10, T. 6 N., R. 24
W., to the Hartman Ranch private property boundary in
sec. 14, T. 6 N., R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the
Hartman Ranch private property boundary in sec. 14, T.
6 N., R. 24 W., to the western boundary of sec. 6, T. 5
N., R. 22 W., as a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the
western boundary of sec. 6, T. 5 N., R. 22 W., to the
confluence with Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of
sec. 35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (143)
and inserting the following:
``(143) Sisquoc river, california.--The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 33-mile segment of the main stem of the
Sisquoc River extending from its origin downstream to
the Los Padres Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork
Sisquoc River from its source northeast of San Rafael
Mountain in sec. 2, T. 7 N., R. 28 W., to its
confluence with the Sisquoc River, as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from
its source west of San Rafael Peak in sec. 4, T. 7 N.,
R. 28 W., to the San Rafael Wilderness boundary
upstream of Nira Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from
the San Rafael Wilderness boundary upstream of the Nira
Campground to the San Rafael Wilderness boundary
downstream of the confluence of Davy Brown Creek, as a
recreational river.
``(E) The 5.8-mile segment of Manzana Creek from
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek to the private property
boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from
the private property boundary in sec. 1, T. 8 N., R. 30
W., to the confluence of the Sisquoc River, as a
recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from
its source west of Ranger Peak in sec. 32, T. 8 N., R.
29 W., to 300 feet upstream of its confluence with
Munch Canyon, as a wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from
300 feet upstream of its confluence with Munch Canyon
to its confluence with Manzana Creek, as a recreational
river.
``(I) The 2-mile segment of Munch Canyon from its
source north of Ranger Peak in sec. 33, T. 8 N., R. 29
W., to 300 feet upstream of its confluence with Sunset
Valley Creek, as a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300
feet upstream of its confluence with Sunset Valley
Creek to its confluence with Davy Brown Creek, as a
recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500
feet downstream of Sunset Valley Road to its confluence
with Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek
from its source in sec. 26, T. 8 N., R. 29 W., to its
confluence with Fish Creek, as a wild river.''.
(d) Piru Creek, California.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (199)
and inserting the following:
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its
source in sec. 3, T. 6 N., R. 22 W., to the private
property boundary in sec. 4, T. 6 N., R. 21 W., as a
wild river.
``(B) The 17.2-mile segment of Piru Creek from the
private property boundary in sec. 4, T. 6 N., R. 21 W.,
to 0.25 miles downstream of the Gold Hill Road, as a
scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25
miles downstream of Gold Hill Road to the confluence
with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with
Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5
miles downstream of Pyramid Dam at the first bridge
crossing to the boundary of the Sespe Wilderness, as a
recreational river.
``(F) The 13-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the boundary of the
Sespe Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the upper limit of
Piru Reservoir, as a recreational river.''.
(e) Effect.--The designation of additional miles of Piru Creek
under subsection (d) shall not affect valid water rights in existence
on the date of enactment of this subtitle.
(f) Motorized Use of Trails.--Nothing in this section (including
the amendments made by this section) affects the motorized use of
trails designated by the Forest Service for motorized use that are
located adjacent to and crossing upper Piru Creek, if the use is
consistent with the protection and enhancement of river values under
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 5566. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 41,082 acres, as generally depicted on
the map entitled ``Fox Mountain Potential Wilderness Area'' and dated
November 14, 2019, is designated as the Fox Mountain Potential
Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary of Agriculture shall
file a map and a legal description of the Fox Mountain
Potential Wilderness Area (referred to in this section as the
``potential wilderness area'') with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture may--
(A) construct a new trail for use by hikers,
equestrians, and mechanized vehicles that connects the
Aliso Park Campground to the Bull Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the construction, reconstruction, or
alignment with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail construction, reconstruction,
or realignment authorized by this subsection.
(4) Mechanized vehicles.--The Secretary may permit the use
of mechanized vehicles on the existing Bull Ridge Trail and
Rocky Ridge Trail in accordance with existing law (including
regulations) and this subsection until such date as the
potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
construction, reconstruction, and realignment authorized by subsection
(d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 50 feet of the
centerline of the new location of any trail that has been constructed,
reconstructed, or realigned under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
construction, reconstruction, or alignment authorized
by subsection (d) has been completed; or
(B) the date that is 20 years after the date of
enactment of this subtitle.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the San Rafael Wilderness, as
designated by Public Law 90-271 (82 Stat. 51), the
California Wilderness Act of 1984 (Public Law 98-425;
16 U.S.C. 1132 note), and the Los Padres Condor Range
and River Protection Act (Public Law 102-301; 106 Stat.
242), and section 402; and
(B) administered in accordance with section 404 and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 5567. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are
established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled ``Condor Ridge Scenic
Area--Proposed'' and dated March 29, 2019, which shall be known
as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los
Padres National Forest and the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled ``Black
Mountain Scenic Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary of Agriculture shall
file a map and legal description of the Condor Ridge Scenic
Area and Black Mountain Scenic Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to conserve,
protect, and enhance for the benefit and enjoyment of present and
future generations the ecological, scenic, wildlife, recreational,
cultural, historical, natural, educational, and scientific resources of
the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the scenic
areas--
(A) in a manner that conserves, protects, and
enhances the resources of the scenic areas, and in
particular the scenic character attributes of the
scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management
Act (43 U.S.C. 1701 et seq.) for land under the
jurisdiction of the Secretary of the Interior;
(iii) any laws (including regulations)
relating to the National Forest System, for
land under the jurisdiction of the Secretary of
Agriculture; and
(iv) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the scenic areas is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on the
Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary may take any measures in the scenic areas that
the Secretary determines to be necessary to control fire, insects, and
diseases, including, as the Secretary determines to be appropriate, the
coordination of those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise authorized
activity or use can be seen or heard within a scenic area shall not
preclude the activity or use outside the boundary of the scenic area.
SEC. 5568. CONDOR NATIONAL SCENIC TRAIL.
(a) In General.--The contiguous trail established pursuant to this
section shall be known as the ``Condor National Scenic Trail'' named
after the California condor, a critically endangered bird species that
lives along the extent of the trail corridor.
(b) Purpose.--The purposes of the Condor National Scenic Trail are
to--
(1) provide a continual extended hiking corridor that
connects the southern and northern portions of the Los Padres
National Forest, spanning the entire length of the forest along
the coastal mountains of southern and central California; and
(2) provide for the public enjoyment of the nationally
significant scenic, historic, natural, and cultural qualities
of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System Act (16
U.S.C. 1244(a)) is amended by adding at the end the following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic
Trail, a trail extending approximately 400 miles from
Lake Piru in the southern portion of the Los Padres
National Forest to the Bottchers Gap Campground in
northern portion of the Los Padres National Forest.
``(B) Administration.--The trail shall be
administered by the Secretary of Agriculture, in
consultation with--
``(i) other Federal, State, Tribal,
regional, and local agencies;
``(ii) private landowners; and
``(iii) other interested organizations.
``(C) Recreational uses.--Notwithstanding section
7(c), the use of motorized vehicles on roads or trails
included in the Condor National Scenic Trail on which
motorized vehicles are permitted as of the date of
enactment of this paragraph may be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary shall not
acquire for the trail any land or interest in
land outside the exterior boundary of any
federally managed area without the consent of
the owner of land or interest in land.
``(ii) Effect.--Nothing in this paragraph--
``(I) requires any private property
owner to allow public access (including
Federal, State, or local government
access) to private property; or
``(II) modifies any provision of
Federal, State, or local law with
respect to public access to or use of
private land.
``(E) Realignment.--The Secretary of Agriculture
may realign segments of the Condor National Scenic
Trail as necessary to fulfill the purposes of the
trail.
``(F) Map.--The map referred to in subparagraph (A)
shall be on file and available for public inspection in
the appropriate offices of the Forest Service.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the date
of enactment of this subtitle, in accordance with this section,
the Secretary of Agriculture shall conduct a study that--
(A) addresses the feasibility of, and alternatives
for, connecting the northern and southern portions of
the Los Padres National Forest by establishing a trail
across the applicable portions of the northern and
southern Santa Lucia Mountains of the southern
California Coastal Range; and
(B) considers realignment of the trail or
construction of new trail segments to avoid existing
trail segments that currently allow motorized vehicles.
(2) Contents.--In carrying out the study required by
paragraph (1), the Secretary of Agriculture shall--
(A) conform to the requirements for national scenic
trail studies described in section 5(b) of the National
Trails System Act (16 U.S.C. 1244(b));
(B) provide for a continual hiking route through
and connecting the southern and northern sections of
the Los Padres National Forest;
(C) promote recreational, scenic, wilderness and
cultural values;
(D) enhance connectivity with the overall National
Forest trail system;
(E) consider new connectors and realignment of
existing trails;
(F) emphasize safe and continuous public access,
dispersal from high-use areas, and suitable water
sources; and
(G) to the extent practicable, provide all-year
use.
(3) Additional requirement.--In completing the study
required by paragraph (1), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional,
and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall submit
the study required by paragraph (1) to--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(5) Additions and alterations to the condor national scenic
trail.--
(A) In general.--Upon completion of the study
required by paragraph (1), if the Secretary of
Agriculture determines that additional or alternative
trail segments are feasible for inclusion in the Condor
National Scenic Trail, the Secretary of Agriculture
shall include those segments in the Condor National
Scenic Trail.
(B) Effective date.--Additions or alternations to
the Condor National Scenic Trail shall be effective on
the date the Secretary of Agriculture publishes in the
Federal Register notice that the additional or
alternative segments are included in the Condor
National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the Secretary of
Agriculture may enter into cooperative agreements with State, Tribal,
and local government entities and private entities to complete needed
trail construction, reconstruction, and realignment projects authorized
by this section (including the amendments made by this section).
SEC. 5569. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this
subtitle, the Secretary of Agriculture (acting through the Chief of the
Forest Service) shall study the feasibility of opening a new trail, for
vehicles measuring 50 inches or less, connecting Forest Service Highway
95 to the existing off-highway vehicle trail system in the Ballinger
Canyon off-highway vehicle area.
SEC. 5570. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this
subtitle, the Secretary of Agriculture, in consultation with interested
parties, shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger
districts.
SEC. 5571. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have access, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the
wilderness areas, scenic areas, and potential wilderness areas
designated by this subtitle for traditional cultural and religious
purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close to the
general public one or more specific portions of a wilderness
area, scenic area, or potential wilderness area designated by
this subtitle to protect the privacy of the members of the
Tribe in the conduct of traditional cultural and religious
activities.
(2) Requirement.--Any closure under paragraph (1) shall
be--
(A) made in such a manner as to affect the smallest
practicable area for the minimum period of time
necessary for the activity to be carried out; and
(B) be consistent with the purpose and intent of
Public Law 95-341 (commonly known as the American
Indian Religious Freedom Act) (42 U.S.C. 1996) and the
Wilderness Act (16 U.S.C. 1131 et seq.).
Subtitle E--San Gabriel Mountains Foothills and Rivers Protection
SEC. 5580. DEFINITION OF STATE.
In this subtitle, the term ``State'' means the State of California.
PART 1--SAN GABRIEL NATIONAL RECREATION AREA
SEC. 5581. PURPOSES.
The purposes of this part are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the Recreation Area;
(2) to provide environmentally responsible, well-managed
recreational opportunities within the Recreation Area;
(3) to improve access to and from the Recreation Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and appreciation
for, the natural and cultural resources of the Recreation Area;
(5) to facilitate the cooperative management of the land
and resources within the Recreation Area, in collaboration with
the State and political subdivisions of the State, historical,
business, cultural, civic, recreational, tourism and other
nongovernmental organizations, and the public; and
(6) to allow the continued use of the Recreation Area by
all individuals, entities, and local government agencies in
activities relating to integrated water management, flood
protection, water conservation, water quality, water rights,
water supply, groundwater recharge and monitoring, wastewater
treatment, public roads and bridges, and utilities within or
adjacent to the Recreation Area.
SEC. 5582. DEFINITIONS.
In this part:
(1) Adjudication.--The term ``adjudication'' means any
final judgment, order, ruling, or decree entered in any
judicial proceeding adjudicating or affecting water rights,
surface water management, or groundwater management.
(2) Advisory council.--The term ``Advisory Council'' means
the San Gabriel National Recreation Area Public Advisory
Council established under section 5517(a).
(3) Federal lands.--The term ``Federal lands'' means--
(A) public lands under the jurisdiction of the
Secretary of the Interior; and
(B) lands under the jurisdiction of the Secretary
of Defense, acting through the Chief of Engineers.
(4) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area required under
section 5514(d).
(5) Partnership.--The term ``Partnership'' means the San
Gabriel National Recreation Area Partnership established by
section 5518(a).
(6) Public water system.--The term ``public water system''
has the meaning given the term in 42 U.S.C. 300(f)(4) or in
section 116275 of the California Health and Safety Code.
(7) Recreation area.--The term ``Recreation Area'' means
the San Gabriel National Recreation Area established by section
5513(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Utility facility.--The term ``utility facility''
means--
(A) any electric substations, communication
facilities, towers, poles, and lines, ground wires,
communication circuits, and other structures, and
related infrastructure; and
(B) any such facilities associated with a public
water system.
(10) Water resource facility.--The term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation works,
including debris protection facilities, sediment placement
sites, rain gauges and stream gauges, water quality facilities,
recycled water facilities, water pumping, conveyance and
distribution systems, water storage tanks and reservoirs, and
water treatment facilities, aqueducts, canals, ditches,
pipelines, wells, hydropower projects, and transmission and
other ancillary facilities, groundwater recharge facilities,
water conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.
SEC. 5583. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing rights,
there is established as a unit of the National Park System in the State
the San Gabriel National Recreation Area, which shall consist of
approximately 49,387 acres of Federal land and interests in land in the
State depicted as the ``Proposed San Gabriel National Recreation Area''
on the map entitled ``San Gabriel National Recreation Area Proposed
Boundary'' and dated July 2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this subtitle, the Secretary shall file a map
and a legal description of the Recreation Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary, acting
through the Director of the National Park Service.
(2) Department of defense land.--Although certain Federal
lands under the jurisdiction of the Secretary of Defense are
included in the recreation area, nothing in this part transfers
administration jurisdiction of such Federal lands from the
Secretary of Defense or otherwise affects Federal lands under
the jurisdiction of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this part
alters, modifies, or diminishes any right, responsibility,
power, authority, jurisdiction, or entitlement of the State, a
political subdivision of the State, including, but not limited
to courts of competent jurisdiction, regulatory commissions,
boards, and departments, or any State or local agency under any
applicable Federal, State, or local law (including
regulations).
SEC. 5584. MANAGEMENT.
(a) National Park System.--Subject to valid existing rights, the
Secretary shall manage the public lands included in the Recreation Area
in a manner that protects and enhances the natural resources and values
of the public lands, in accordance with--
(1) this part;
(2) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United States
Code (formerly known as the ``National Park Service Organic
Act'');
(3) the laws generally applicable to units of the National
Park System; and
(4) other applicable law, regulations, adjudications, and
orders.
(b) Cooperation With Secretary of Defense.--The Secretary shall
cooperate with the Secretary of Defense to develop opportunities for
the management of the Federal land under the jurisdiction of the
Secretary of Defense included in the Recreation Area in accordance with
the purposes described in section 5511, to the maximum extent
practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this part--
(A) authorizes the Secretary to take any action
that would affect the use of any land not owned by the
United States within the Recreation Area;
(B) affects the use of, or access to, any non-
Federal land within the Recreation Area;
(C) modifies any provision of Federal, State, or
local law with respect to public access to, or use of,
non-Federal land;
(D) requires any owner of non-Federal land to allow
public access (including Federal, State, or local
government access) to private property or any other
non-Federal land;
(E) alters any duly adopted land use regulation,
approved land use plan, or any other regulatory
authority of any State or local agency or unit of
Tribal government;
(F) creates any liability, or affects any liability
under any other law, of any private property owner or
other owner of non-Federal land with respect to any
person injured on the private property or other non-
Federal land;
(G) conveys to the Partnership any land use or
other regulatory authority;
(H) shall be construed to cause any Federal, State,
or local regulation or permit requirement intended to
apply to units of the National Park System to affect
the federal lands under the jurisdiction of the
Secretary of Defense or non-Federal lands within the
boundaries of the recreation area; or
(I) requires any local government to participate in
any program administered by the Secretary.
(2) Cooperation.--The Secretary is encouraged to work with
owners of non-Federal land who have agreed to cooperate with
the Secretary to advance the purposes of this part.
(3) Buffer zones.--
(A) In general.--Nothing in this part establishes
any protective perimeter or buffer zone around the
Recreation Area.
(B) Activities or uses up to boundaries.--The fact
that an activity or use of land can be seen or heard
from within the Recreation Area shall not preclude the
activity or land use up to the boundary of the
Recreation Area.
(4) Facilities.--Nothing in this part affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or expansion of
any water resource facility or public water system, or any
solid waste, sanitary sewer, water or waste-water treatment,
groundwater recharge or conservation, hydroelectric, conveyance
distribution system, recycled water facility, or utility
facility located within or adjacent to the Recreation Area.
(5) Exemption.--Section 100903 of title 54, United States
Code, shall not apply to the Puente Hills landfill, materials
recovery facility, or intermodal facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date of the
enactment of this subtitle, the Secretary and the Advisory
Council shall establish a comprehensive management plan for the
Recreation Area that supports the purposes described in section
5511.
(2) Use of existing plans.--In developing the management
plan, to the extent consistent with this section, the Secretary
may incorporate any provision of a land use or other plan
applicable to the public lands included in the Recreation Area.
(3) Incorporation of visitor services plan.--To the maximum
extent practicable, the Secretary shall incorporate into the
management plan the visitor services plan under section
5519(a)(2).
(4) Partnership.--In developing the management plan, the
Secretary shall consider recommendations of the Partnership. To
the maximum extent practicable, the Secretary shall incorporate
recommendations of the Partnership into the management plan if
the Secretary determines that the recommendations are feasible
and consistent with the purposes in section 5511, this part,
and applicable laws (including regulations).
(e) Fish and Wildlife.--Nothing in this part affects the
jurisdiction of the State with respect to fish or wildlife located on
public lands in the State.
SEC. 5585. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire non-Federal land within the boundaries of the
Recreation Area only through exchange, donation, or purchase
from a willing seller.
(2) Additional requirement.--As a further condition on the
acquisition of land, the Secretary shall make a determination
that the land contains important biological, cultural,
historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this part
authorizes the use of eminent domain to acquire land or an interest in
land.
(c) Treatment of Acquired Land.--Any land or interest in land
acquired by the United States within the boundaries of the Recreation
Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance with--
(A) this part; and
(B) other applicable laws (including regulations).
SEC. 5586. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS;
UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this part or section
5522--
(1) shall affect the use or allocation, as in existence on
the date of the enactment of this subtitle, of any water, water
right, or interest in water (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored water,
surface water, groundwater, and public trust interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this subtitle for the
sale, lease, loan, or transfer of any water (including potable,
recycled, reclaimed, waste, imported, exported, banked, or
stored water, surface water, and groundwater);
(3) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of the enactment of
this subtitle;
(4) authorizes or imposes any new reserved Federal water
right or expands water usage pursuant to any existing Federal
reserved, riparian or appropriative right;
(5) shall be considered a relinquishment or reduction of
any water rights (including potable, recycled, reclaimed,
waste, imported, exported, banked, or stored water, surface
water, and groundwater) held, reserved, or appropriated by any
public entity or other persons or entities, on or before the
date of the enactment of this subtitle;
(6) shall be construed to, or shall interfere or conflict
with the exercise of the powers or duties of any watermaster,
public agency, public water system, court of competent
jurisdiction, or other body or entity responsible for
groundwater or surface water management or groundwater
replenishment as designated or established pursuant to any
adjudication or Federal or State law, including the management
of the San Gabriel River watershed and basin, to provide water
supply or other environmental benefits;
(7) shall be construed to impede or adversely impact any
previously adopted Los Angeles County Drainage Area project, as
described in the report of the Chief of Engineers dated June
30, 1992, including any supplement or addendum to that report,
or any maintenance agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster, water agency, public water system, court of
competent jurisdiction, or public agency pursuant to any
Federal or State law, water right, or adjudication, including
any action relating to water conservation, water quality,
surface water diversion or impoundment, groundwater recharge,
water treatment, conservation or storage of water, pollution,
waste discharge, the pumping of groundwater; the spreading,
injection, pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from imported or
recycled water, that is undertaken in connection with the
management or regulation of the San Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay the
exercise of, or access to, any water right by the owner of a
public water system or any other individual or entity,
including the construction, operation, maintenance,
replacement, removal, repair, location, or relocation of any
well; pipeline; or water pumping, treatment, diversion,
impoundment, or storage facility; or other facility or property
necessary or useful to access any water right or operate an
public water system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife Service
under, or the application of any provision of, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any
action affecting any water, water right, or water management or
water resource facility in the San Gabriel River watershed and
basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action inconsistent
with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource facilities.--
Nothing in this part or section 5522 shall affect--
(A) the use, operation, maintenance, repair,
construction, destruction, removal, reconfiguration,
expansion, improvement or replacement of a water
resource facility or public water system within or
adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(B) access to a water resource facility within or
adjacent to the Recreation Area or San Gabriel
Mountains National Monument.
(2) No effect on new water resource facilities.--Nothing in
this part or section 5522 shall preclude the establishment of a
new water resource facility (including instream sites, routes,
and areas) within the Recreation Area or San Gabriel Mountains
National Monument if the water resource facility or public
water system is necessary to preserve or enhance the health,
safety, reliability, quality or accessibility of water supply,
or utility services to residents of Los Angeles County.
(3) Flood control.--Nothing in this part or section 5522
shall be construed to--
(A) impose any new restriction or requirement on
flood protection, water conservation, water supply,
groundwater recharge, water transfers, or water quality
operations and maintenance; or
(B) increase the liability of an agency or public
water system carrying out flood protection, water
conservation, water supply, groundwater recharge, water
transfers, or water quality operations.
(4) Diversion or use of water.--Nothing in this part or
section 5522 shall authorize or require the use of water or
water rights in, or the diversion of water to, the Recreation
Area or San Gabriel Mountains National Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this part or
section 5522 shall--
(1) affect the use, operation, maintenance, repair,
construction, destruction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration, addition,
relocation, improvement, removal, or replacement of a utility
facility or appurtenant right-of-way within or adjacent to the
Recreation Area or San Gabriel Mountains National Monument;
(2) affect access to a utility facility or right-of-way
within or adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(3) preclude the establishment of a new utility facility or
right-of-way (including instream sites, routes, and areas)
within the Recreation Area or San Gabriel Mountains National
Monument if such a facility or right-of-way is necessary for
public health and safety, electricity supply, or other utility
services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road'' means
any paved road or bridge (including any appurtenant
structure and right-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to vehicular use by the
public; or
(II) used by a public agency or utility for
the operation, maintenance, improvement,
repair, removal, relocation, construction,
destruction or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(B) Public transit.--The term ``public transit''
means any transit service (including operations and
rights-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to the public; or
(II) used by a public agency or contractor
for the operation, maintenance, repair,
construction, or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(2) No effect on public roads or public transit.--Nothing
in this part or section 5522--
(A) authorizes the Secretary to take any action
that would affect the operation, maintenance, repair,
or rehabilitation of public roads or public transit
(including activities necessary to comply with Federal
or State safety or public transit standards); or
(B) creates any new liability, or increases any
existing liability, of an owner or operator of a public
road.
SEC. 5587. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY
COUNCIL.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this subtitle, the Secretary shall establish an advisory
council, to be known as the ``San Gabriel National Recreation Area
Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary
regarding the development and implementation of the management plan and
the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) all other applicable laws (including regulations).
(d) Membership.--The Advisory Council shall consist of 22 members,
to be appointed by the Secretary after taking into consideration
recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor recreation,
including off-highway vehicle recreation, within the Recreation
Area;
(3) 2 shall represent the interests of community-based
organizations, the missions of which include expanding access
to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or adjacent to
the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, public water systems, water agencies,
wastewater and sewer agencies, recycled water facilities, and
water management and replenishment entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing permits or
other land use permits within the Recreation Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice interests;
(14) 1 shall represent electrical utility interests; and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory Council
shall be appointed for a term of 3 years, except that, of the
members first appointed, 7 of the members shall be appointed
for a term of 1 year and 7 of the members shall be appointed
for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the Advisory Council on the expiration of the term of service
of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment was
made.
(f) Quorum.--A quorum shall be ten members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(g) Chairperson; Procedures.--The Advisory Council shall elect a
chairperson and establish such rules and procedures as the advisory
council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory Council
shall serve without pay.
(i) Termination.--The Advisory Council shall cease to exist--
(1) on the date that is 5 years after the date on which the
management plan is adopted by the Secretary; or
(2) on such later date as the Secretary considers to be
appropriate.
SEC. 5588. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a Partnership, to be known
as the ``San Gabriel National Recreation Area Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities and the private sector in advancing the
purposes of this part; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities within the
Recreation Area.
(c) Membership.--The Partnership shall include the following:
(1) The Secretary (or a designee) to represent the National
Park Service.
(2) The Secretary of Defense (or a designee) to represent
the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of the
State (or a designee) to represent--
(A) the California Department of Parks and
Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) 1 designee of the Los Angeles County Board of
Supervisors.
(6) 1 designee of the Puente Hills Habitat Preservation
Authority.
(7) 4 designees of the San Gabriel Council of Governments,
of whom 1 shall be selected from a local land conservancy.
(8) 1 designee of the San Gabriel Valley Economic
Partnership.
(9) 1 designee of the Los Angeles County Flood Control
District.
(10) 1 designee of the San Gabriel Valley Water
Association.
(11) 1 designee of the Central Basin Water Association.
(12) 1 designee of the Main San Gabriel Basin Watermaster.
(13) 1 designee of a public utility company, to be
appointed by the Secretary.
(14) 1 designee of the Watershed Conservation Authority.
(15) 1 designee of the Advisory Council for the period
during which the Advisory Council remains in effect.
(16) 1 designee of San Gabriel Mountains National Monument
Community Collaborative.
(d) Duties.--To advance the purposes described in section 5511, the
Partnership shall--
(1) make recommendations to the Secretary regarding the
development and implementation of the management plan;
(2) review and comment on the visitor services plan under
section 5519(a)(2), and facilitate the implementation of that
plan;
(3) assist units of local government, regional planning
organizations, and nonprofit organizations in advancing the
purposes of the Recreation Area by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Recreation Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Recreation Area;
(C) developing recreational and educational
opportunities in the Recreation Area in accordance with
the purposes of this part;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic, and
cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Recreation Area;
(F) promoting a wide range of partnerships among
governments, organizations, and individuals to advance
the purposes of the Recreation Area; and
(G) ensuring that management of the Recreation Area
takes into consideration--
(i) local ordinances and land-use plans;
and
(ii) adjacent residents and property
owners;
(4) make recommendations to the Secretary regarding the
appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve the
purposes of this part.
(e) Authorities.--Subject to approval by the Secretary, for the
purposes of preparing and implementing the management plan, the
Partnership may use Federal funds made available under this section--
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation Area;
and
(B) are in accordance with the management plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be appointed
for a term of 3 years.
(2) Reappointment.--A member may be reappointed to serve on
the Partnership on the expiration of the term of service of the
member.
(3) Vacancy.--A vacancy on the Partnership shall be filled
in the same manner in which the original appointment was made.
(g) Quorum.--A quorum shall be eleven members of the Partnership.
The operations of the Partnership shall not be impaired by the fact
that a member has not yet been appointed as long as a quorum has been
attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--A member of the Partnership
shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this part.
(2) Technical and financial assistance.--The Secretary may
provide to the Partnership or any member of the Partnership, on
a reimbursable or nonreimbursable basis, such technical and
financial assistance as the Secretary determines to be
appropriate to carry out this part.
(3) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the Partnership, a member of the
Partnership, or any other public or private entity to provide
technical, financial, or other assistance to carry out this
part.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the
administration of the Recreation Area, the Secretary is
authorized, subject to valid existing rights, to
construct administrative or visitor use facilities on
land owned by a non-profit organization, local agency,
or other public entity in accordance with this subtitle
and applicable law (including regulations).
(B) Additional requirements.--A facility under this
paragraph may only be developed--
(i) with the consent of the owner of the
non-Federal land; and
(ii) in accordance with applicable Federal,
State, and local laws (including regulations)
and plans.
(5) Priority.--The Secretary shall give priority to actions
that--
(A) conserve the significant natural, historic,
cultural, and scenic resources of the Recreation Area;
and
(B) provide educational, interpretive, and
recreational opportunities consistent with the purposes
of the Recreation Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise the
Secretary regarding water-related issues relating to the
Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to the
Recreation Area.
SEC. 5589. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor services
plan to improve visitor experiences in the Recreation Area
through expanded recreational opportunities and increased
interpretation, education, resource protection, and
enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after the
date of the enactment of this subtitle, the Secretary
shall develop and carry out an integrated visitor
services plan for the Recreation Area in accordance
with this paragraph.
(B) Contents.--The visitor services plan shall--
(i) assess current and anticipated future
visitation to the Recreation Area, including
recreation destinations;
(ii) consider the demand for various types
of recreation (including hiking, picnicking,
horseback riding, and the use of motorized and
mechanized vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of recreation on
natural and cultural resources, water rights
and water resource facilities, public roads,
adjacent residents and property owners, and
utilities within the Recreation Area, as well
as the effectiveness of current enforcement and
efforts;
(iv) assess the current level of
interpretive and educational services and
facilities;
(v) include recommendations to--
(I) expand opportunities for high-
demand recreational activities, in
accordance with the purposes described
in section 5511;
(II) better manage Recreation Area
resources and improve the experience of
Recreation Area visitors through
expanded interpretive and educational
services and facilities, and improved
enforcement; and
(III) better manage Recreation Area
resources to reduce negative impacts on
the environment, ecology, and
integrated water management activities
in the Recreation Area;
(vi) in coordination and consultation with
affected owners of non-Federal land, assess
options to incorporate recreational
opportunities on non-Federal land into the
Recreation Area--
(I) in manner consistent with the
purposes and uses of the non-Federal
land; and
(II) with the consent of the non-
Federal landowner;
(vii) assess opportunities to provide
recreational opportunities that connect with
adjacent National Forest System land; and
(viii) be developed and carried out in
accordance with applicable Federal, State, and
local laws and ordinances.
(C) Consultation.--In developing the visitor
services plan, the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and local
agencies; and
(IV) interested nongovernmental
organizations; and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor use
facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1) shall
be developed in accordance with applicable Federal, State, and
local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use donated
funds (subject to appropriations), property, in-kind
contributions, and services to carry out this part.
(2) Prohibition.--The Secretary may not use the authority
provided by paragraph (1) to accept non-Federal land that has
been acquired after the date of the enactment of this subtitle
through the use of eminent domain.
(d) Cooperative Agreements.--In carrying out this part, the
Secretary may make grants to, or enter into cooperative agreements
with, units of State, Tribal, and local governments and private
entities to conduct research, develop scientific analyses, and carry
out any other initiative relating to the management of, and visitation
to, the Recreation Area.
PART 2--SAN GABRIEL MOUNTAINS
SEC. 5591. DEFINITIONS.
In this part:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Wilderness area or addition.--The term ``wilderness
area or addition'' means any wilderness area or wilderness
addition designated by section 5523(a).
SEC. 5592. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The Secretary shall modify the boundaries of the
San Gabriel Mountains National Monument in the State to include the
approximately 109,167 acres of additional National Forest System land
depicted as the ``Proposed San Gabriel Mountains National Monument
Expansion'' on the map entitled ``Proposed San Gabriel Mountains
National Monument Expansion'' and dated June 26, 2019.
(b) Administration.--On inclusion of the National Forest System
land described in subsection (a), the Secretary shall administer that
land as part of the San Gabriel Mountains National Monument in
accordance with the laws generally applicable to the Monument and this
subtitle.
(c) Management Plan.--Not later than 3 years after the date of the
enactment of this subtitle, the Secretary shall consult with State and
local governments and the interested public to update the existing San
Gabriel Mountains National Monument Plan to incorporate and provide
management direction and protection for the lands added to the
Monument.
SEC. 5593. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of National Forest System land in
the State are designated as wilderness and as components of the
National Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,207 acres,
as generally depicted on the map entitled ``Condor Peak
Wilderness--Proposed'' and dated June 6, 2019, which shall be
known as the ``Condor Peak Wilderness''.
(2) San gabriel wilderness additions.--Certain Federal land
in the Angeles National Forest, comprising approximately 2,032
acres, as generally depicted on the map entitled ``San Gabriel
Wilderness Additions'' and dated June 6, 2019, which is
incorporated in, and considered to be a part of, the San
Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C.
1132 note; 82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
13,726 acres, as generally depicted on the map entitled ``Sheep
Mountain Wilderness Additions'' and dated June 6, 2019, which
is incorporated in, and considered to be a part of, the Sheep
Mountain Wilderness designated by section 101(a)(29) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,694 acres,
as generally depicted on the map entitled ``Yerba Buena
Wilderness--Proposed'' and dated June 6, 2019, which shall be
known as the ``Yerba Buena Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this subtitle, the Secretary shall file a map
and a legal description of the wilderness areas and additions
with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this part, except that the Secretary may correct
any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 5594. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and additions shall be administered by the Secretary in
accordance with this section and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the effective date of
that Act shall be considered to be a reference to the date of the
enactment of this subtitle.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or addition designated in section 5523 as are
necessary for the control of fire, insects, or diseases in
accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this part limits
funding for fire or fuels management in a wilderness area or
addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the enactment
of this subtitle, the Secretary shall amend, as applicable, any
local fire management plan that applies to a wilderness area or
addition designated in section 5523.
(4) Administration.--In accordance with paragraph (1) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area or
addition, the Secretary shall--
(A) not later than 1 year after the date of the
enactment of this subtitle, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area or
addition, if established before the date of the enactment of this
subtitle, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this part
affects the jurisdiction or responsibility of the State with
respect to fish or wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management
activity that are necessary to maintain or restore fish
or wildlife populations or habitats in the wilderness
areas and wilderness additions designated in section
5523, if the management activities are--
(i) consistent with relevant wilderness
management plans; and
(ii) conducted in accordance with
appropriate policies, such as the policies
established in Appendix B of the report of the
Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(B) Inclusions.--A management activity under
subparagraph (A) may include the occasional and
temporary use of motorized vehicles, if the use, as
determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife
populations that would enhance wilderness values while
causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and appropriate policies (such as the
policies established in Appendix B of House Report 101-
405, the State may use aircraft (including helicopters)
in a wilderness area or addition to survey, capture,
transplant, monitor, or provide water for a wildlife
population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions by
section 5523 to lead to the creation of protective perimeters
or buffer zones around each wilderness area or wilderness
addition.
(2) Activities or uses up to boundaries.--The fact that a
nonwilderness activities or uses can be seen or heard from
within a wilderness area or wilderness addition designated by
section 5523 shall not, of itself, preclude the activities or
uses up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
5523;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 5523; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by section 5523.
(g) Horses.--Nothing in this part precludes horseback riding in, or
the entry of recreational or commercial saddle or pack stock into, an
area designated as a wilderness area or wilderness addition by section
5523--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the Secretary
determines to be necessary.
(h) Law Enforcement.--Nothing in this part precludes any law
enforcement or drug interdiction effort within the wilderness areas or
wilderness additions designated by section 5523 in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the wilderness
areas and additions designated by section 5523 are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or addition that is acquired by the
United States shall--
(1) become part of the wilderness area or addition in which
the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable laws (including regulations).
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in a wilderness area or addition if
the Secretary determines that the facilities and access to the
facilities is essential to a flood warning, flood control, or water
reservoir operation activity.
(l) Authorized Events.--The Secretary of Agriculture may authorize
the Angeles Crest 100 competitive running event to continue in
substantially the same manner and degree in which this event was
operated and permitted in 2015 within additions to the Sheep Mountain
Wilderness in section 5523 of this subtitle and the Pleasant View Ridge
Wilderness Area designated by section 1802 of the Omnibus Public Land
Management Act of 2009, provided that the event is authorized and
conducted in a manner compatible with the preservation of the areas as
wilderness.
SEC. 5595. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(__) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10-mile segment from the confluence of
the Prairie Fork and Vincent Gulch to 100 yards
upstream of the Heaton Flats trailhead and day use
area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream
of the Heaton Flats trailhead and day use area to 100
yards upstream of the confluence with Williams Canyon,
as a recreational river.
``(__) North fork san gabriel river, california.--The 4.3-
mile segment of the North Fork San Gabriel River from the
confluence with Cloudburst Canyon to 0.25 miles upstream of the
confluence with the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture as a recreational
river.
``(__) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 6.7-mile segment from 0.25 miles
downstream of its source near Red Box Gap in sec. 14,
T. 2 N., R. 12 W., to the confluence with the unnamed
tributary 0.25 miles downstream of the power lines in
sec. 22, T. 2 N., R. 11 W., as a recreational river.
``(B) The 1.6-mile segment of the West Fork from
0.25 miles downstream of the powerlines in sec. 22, T.
2 N., R. 11 W., to the confluence with Bobcat Canyon,
as a wild river.
``(__) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards
upstream of the confluence with the South Fork Little
Rock Creek, as a wild river.
``(B) The 6.6-mile segment from 100 yards upstream
of the confluence with the South Fork Little Rock Creek
to the confluence with Santiago Canyon, as a
recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek
from 0.25 miles downstream of Highway 2 to 100 yards
downstream of Cooper Canyon Campground, as a scenic
river.
``(D) The 1.3-mile segment of Cooper Canyon Creek
from 100 yards downstream of Cooper Canyon Campground
to the confluence with Little Rock Creek, as a wild
river.
``(E) The 1-mile segment of Buckhorn Creek from 100
yards downstream of the Buckhorn Campground to its
confluence with Cooper Canyon Creek, as a wild
river.''.
(b) Water Resource Facilities; and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term ``water
resource facility'' means irrigation and pumping
facilities, dams and reservoirs, flood control
facilities, water conservation works and facilities,
including debris protection facilities, sediment
placement sites, rain gauges and stream gauges, water
quality facilities, recycled water facilities and water
pumping, conveyance distribution systems, water storage
tanks and reservoirs, and water treatment facilities,
aqueducts, canals, ditches, pipelines, wells,
hydropower projects, and transmission and other
ancillary facilities, groundwater recharge facilities,
water conservation, water filtration plants, and other
water diversion, conservation, groundwater recharge,
storage, and carriage structures.
(B) No effect on existing water resource
facilities.--Nothing in this section shall alter,
modify, or affect--
(i) the use, operation, maintenance,
repair, construction, destruction,
reconfiguration, expansion, relocation or
replacement of a water resource facility
downstream of a wild and scenic river segment
designated by this section, provided that the
physical structures of such facilities or
reservoirs shall not be located within the
river areas designated in this section; or
(ii) access to a water resource facility
downstream of a wild and scenic river segment
designated by this section.
(C) No effect on new water resource facilities.--
Nothing in this section shall preclude the
establishment of a new water resource facilities
(including instream sites, routes, and areas)
downstream of a wild and scenic river segment.
(2) Limitation.--Any new reservation of water or new use of
water pursuant to existing water rights held by the United
States to advance the purposes of the National Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive
instream use only within the segments designated by this
section.
(3) Existing law.--Nothing in this section affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 5596. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this subtitle, and no
action to implement this subtitle--
(1) shall constitute an express or implied reservation of
any water or water right, or authorizing an expansion of water
use pursuant to existing water rights held by the United
States, with respect to the land designated as a wilderness
area or wilderness addition by section 5523 or land adjacent to
the wild and scenic river segments designated by the amendment
made by section 5525;
(2) shall affect, alter, modify, or condition any water
rights in the State in existence on the date of the enactment
of this subtitle, including any water rights held by the United
States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness or wild and scenic river
designations;
(4) shall affect, alter, or modify the interpretation of,
or any designation, decision, adjudication or action made
pursuant to, any other Act; or
(5) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportions water among or between
the State and any other State.
(b) State Water Law.--The Secretary shall comply with applicable
procedural and substantive requirements of the law of the State in
order to obtain and hold any water rights not in existence on the date
of the enactment of this subtitle with respect to the San Gabriel
Mountains National Monument, wilderness areas and wilderness additions
designated by section 5523, and the wild and scenic rivers designated
by amendment made by section 5525.
Subtitle F--Rim of the Valley Corridor Preservation
SEC. 5597. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the
first sentence by striking ``, which shall'' and inserting `` and
generally depicted as `Rim of the Valley Unit Proposed Addition' on the
map entitled `Rim of the Valley Unit--Santa Monica Mountains National
Recreation Area', numbered 638/147,723, and dated September 2018. Both
maps shall''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall update
the general management plan for the recreation area to reflect the
boundaries designated on the map referred to in subsection (c)(1) as
the `Rim of the Valley Unit' (hereafter in the subsection referred to
as the `Rim of the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit, and any land or
interest in land acquired by the United States and located within the
boundaries of the Rim of the Valley Unit, as part of the recreation
area in accordance with the provisions of this section and applicable
laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this subsection
authorizes the use of eminent domain to acquire land or interests in
land.
``(3) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner of
non-Federal land with respect to any person injured on private
property or other non-Federal land;
``(C) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in any
non-Federal land);
``(D) require any local government to participate in any
program administered by the Secretary;
``(E) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law (including
regulations);
``(F) require the creation of protective perimeters or
buffer zones, and the fact that certain activities or land can
be seen or heard from within the Rim of the Valley Unit shall
not, of itself, preclude the activities or land uses up to the
boundary of the Rim of the Valley Unit;
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system;
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or the
application of provisions of, the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit; or
``(L) limit the Secretary's ability to update applicable
fire management plans, which may consider fuels management
strategies including managed natural fire, prescribed fires,
non-fire mechanical hazardous fuel reduction activities, or
post-fire remediation of damage to natural and cultural
resources.
``(4) The activities of a utility facility or water resource
facility shall take into consideration ways to reasonably avoid or
reduce the impact on the resources of the Rim of the Valley Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gauges,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''.
TITLE LVI--COLORADO AND GRAND CANYON PUBLIC LANDS
Subtitle A--Colorado Outdoor Recreation and Economy
SEC. 5601. DEFINITION OF STATE.
In this subtitle, the term ``State'' means the State of Colorado.
PART 1--CONTINENTAL DIVIDE
SEC. 5611. DEFINITIONS.
In this part:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 112(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 117(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management Area
designated by section 114(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 115(a); and
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section 116(a).
SEC. 5612. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of
1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of Public
Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated June 24, 2019, which shall be known as the
`Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately 7,624
acres, as generally depicted as `Proposed Tenmile Wilderness'
on the map entitled `Tenmile Proposal' and dated June 24, 2019,
which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 9,670 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek
Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated June 24, 2019, which
shall be incorporated into, and managed as part of, the Eagles
Nest Wilderness designated by Public Law 94-352 (90 Stat.
870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this subtitle for purposes
of administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
carry out any activity in a covered area that the Secretary determines
to be necessary for the control of fire, insects, and diseases, subject
to such terms and conditions as the Secretary determines to be
appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this subtitle, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(e) Coordination.--For purposes of administering the Federal land
designated as wilderness by paragraph (26) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77) (as added by subsection (a)(2)), the Secretary shall, as determined
to be appropriate for the protection of watersheds, coordinate the
activities of the Secretary in response to fires and flooding events
with interested State and local agencies, including operations using
aircraft or mechanized equipment.
SEC. 5613. WILLIAMS FORK MOUNTAINS WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River
National Forest in the State, comprising approximately 8,036 acres, as
generally depicted as ``Proposed Williams Fork Mountains Wilderness''
on the map entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except as
provided in subsection (d), the potential wilderness area designated by
subsection (a) shall be managed in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this subtitle, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock grazing
or other use by livestock on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that livestock
grazing or other use in accordance with applicable laws
(including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use any motorized or
mechanized transport or equipment for purposes of constructing
or rehabilitating such range improvements as are necessary to
obtain appropriate livestock management objectives (including
habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180
days after the date of enactment this subtitle; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a notice that
the construction or rehabilitation of range
improvements under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a determination
of the Secretary not to authorize livestock
grazing or other use by livestock under
subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with--
(A) the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77); and
(B) this part.
SEC. 5614. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,122 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Tenmile
Recreation Management Area'' on the map entitled ``Tenmile Proposal''
and dated June 24, 2019, are designated as the ``Tenmile Recreation
Management Area''.
(b) Purposes.--The purposes of the Recreation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, watershed,
habitat, and ecological resources of the Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Recreation
Management Area--
(A) in a manner that conserves, protects, and
enhances--
(i) the purposes of the Recreation
Management Area described in subsection (b);
and
(ii) recreation opportunities, including
mountain biking, hiking, fishing, horseback
riding, snowshoeing, climbing, skiing, camping,
and hunting; and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Recreation Management Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Recreation Management Area shall be limited
to the roads, vehicle classes, and periods
authorized for motorized vehicle use on the
date of enactment of this subtitle.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Recreation
Management Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) rerouting or closing an
existing road or trail to protect
natural resources from degradation, as
the Secretary determines to be
appropriate;
(II) authorizing the use of
motorized vehicles for administrative
purposes or roadside camping;
(III) constructing temporary roads
or permitting the use of motorized
vehicles to carry out pre- or post-fire
watershed protection projects;
(IV) authorizing the use of
motorized vehicles to carry out any
activity described in subsection (d),
(e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Recreation
Management Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Recreation Management Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in
this section affects the construction, repair, reconstruction,
replacement, operation, maintenance, or renovation within the
Recreation Management Area of--
(A) water management infrastructure in existence on
the date of enactment of this subtitle; or
(B) any future infrastructure necessary for the
development or exercise of water rights decreed before
the date of enactment of this subtitle.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058) shall apply to the Recreation Management Area.
(f) Regional Transportation Projects.--Nothing in this section
precludes the Secretary from authorizing, in accordance with applicable
laws (including regulations), the use or leasing of Federal land within
the Recreation Management Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation Management Area
for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of associated
activities or facilities proposed or authorized by law or
permit outside the boundaries of the Recreation Management
Area.
SEC. 5615. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the White River
National Forest, as generally depicted as ``Proposed Porcupine Gulch
Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch
Wildlife Conservation Area Proposal'' and dated June 24, 2019, are
designated as the ``Porcupine Gulch Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Recreation.--The Secretary may permit such
recreational activities in the Wildlife Conservation
Area that the Secretary determines are consistent with
the purposes described in subsection (b).
(C) Motorized vehicles and mechanized transport;
new or temporary roads.--
(i) Motorized vehicles and mechanized
transport.--Except as provided in clause (iii),
the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area
shall be prohibited.
(ii) New or temporary roads.--Except as
provided in clause (iii) and subsection (e), no
new or temporary road shall be constructed
within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads
or permitting the use of motorized
vehicles or mechanized transport to
carry out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or mechanized
transport to carry out activities
described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 5620(f) precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations), the use or leasing of
Federal land within the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Wildlife Conservation Area
for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 5616. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Williams Fork
Mountains Wildlife Conservation Area'' on the map entitled ``Williams
Fork Mountains Proposal'' and dated June 24, 2019, are designated as
the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Wildlife Conservation Area shall be limited
to designated roads and trails.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Wildlife
Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles for administrative
purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in subsection (d);
or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads
and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and
policies followed by the Secretary in issuing and
administering grazing permits or leases on land under
the jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 5620(f) precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations), the use or leasing of
Federal land within the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 5617. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,676 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Camp Hale
National Historic Landscape'' on the map entitled ``Camp Hale National
Historic Landscape Proposal'' and dated June 24, 2019, are designated
the ``Camp Hale National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events,
activities, structures, and artifacts of the Historic
Landscape, including with respect to the role of the
Historic Landscape in local, national, and world
history;
(B) the historic preservation of the Historic
Landscape, consistent with--
(i) the designation of the Historic
Landscape as a national historic site; and
(ii) the other purposes of the Historic
Landscape;
(C) recreational opportunities, with an emphasis on
the activities related to the historic use of the
Historic Landscape, including skiing, snowshoeing,
snowmobiling, hiking, horseback riding, climbing, other
road- and trail-based activities, and other outdoor
activities; and
(D) the continued environmental remediation and
removal of unexploded ordnance at the Camp Hale
Formerly Used Defense Site and the Camp Hale historic
cantonment area; and
(2) to conserve, protect, restore, and enhance for the
benefit and enjoyment of present and future generations the
scenic, watershed, and ecological resources of the Historic
Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic
Landscape in accordance with--
(A) the purposes of the Historic Landscape
described in subsection (b); and
(B) any other applicable laws (including
regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the
date of enactment of this subtitle, the Secretary shall
prepare a management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under
subparagraph (A) shall include plans for--
(i) improving the interpretation of
historic events, activities, structures, and
artifacts of the Historic Landscape, including
with respect to the role of the Historic
Landscape in local, national, and world
history;
(ii) conducting historic preservation and
veteran outreach and engagement activities;
(iii) managing recreational opportunities,
including the use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation
resources;
(iv) the conservation, protection,
restoration, or enhancement of the scenic,
watershed, and ecological resources of the
Historic Landscape, including--
(I) conducting the restoration and
enhancement project under subsection
(d);
(II) forest fuels, wildfire, and
mitigation management; and
(III) watershed health and
protection;
(v) environmental remediation and,
consistent with subsection (e)(2), the removal
of unexploded ordnance; and
(vi) managing the Historic Landscape in
accordance with subsection (g).
(3) Explosive hazards.--The Secretary shall provide to the
Secretary of the Army a notification of any unexploded ordnance
(as defined in section 101(e) of title 10, United States Code)
that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration
and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland
conditions in and along the Eagle River and tributaries
of the Eagle River;
(B) to maintain or improve recreation and
interpretive opportunities and facilities; and
(C) to conserve historic values in the Camp Hale
area.
(2) Coordination.--In carrying out the project described in
paragraph (1), the Secretary shall coordinate with, and provide
the opportunity to collaborate on the project to--
(A) the Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters
Collaborative Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and
Environment;
(E) the Colorado State Historic Preservation
Office;
(F) the Colorado Department of Natural Resources;
(G) units of local government; and
(H) other interested organizations and members of
the public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue
to carry out the projects and activities of the Department of
the Army in existence on the date of enactment of this subtitle
relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may
remove unexploded ordnance (as defined in section
101(e) of title 10, United States Code) from the
Historic Landscape, as the Secretary of the Army
determines to be appropriate in accordance with
applicable law (including regulations).
(B) Action on receipt of notice.--On receipt from
the Secretary of a notification of unexploded ordnance
under subsection (c)(3), the Secretary of the Army may
remove the unexploded ordnance in accordance with--
(i) the program for environmental
restoration of formerly used defense sites
under section 2701 of title 10, United States
Code;
(ii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
(iii) any other applicable provision of law
(including regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of enactment
of this subtitle relating to environmental remediation or
removal of any unexploded ordnance located in or around the
Camp Hale historic cantonment area, the Camp Hale Formerly Used
Defense Site, or the Historic Landscape, including such an
obligation under--
(A) the program for environmental restoration of
formerly used defense sites under section 2701 of title
10, United States Code;
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); or
(C) any other applicable provision of law
(including regulations).
(f) Interagency Agreement.--The Secretary and the Secretary of the
Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating to the
management of the Historic Landscape; and
(B) the activities of the Secretary of the Army
relating to environmental remediation and the removal
of unexploded ordnance in accordance with subsection
(e) and other applicable laws (including regulations);
and
(2) to require the Secretary to provide to the Secretary of
the Army, by not later than 1 year after the date of enactment
of this subtitle and periodically thereafter, as appropriate, a
management plan for the Historic Landscape for purposes of the
removal activities described in subsection (e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water
law, water right, or adjudication or administration relating to
any water resource;
(2) affects any water right in existence on the date of
enactment of this subtitle, or the exercise of such a water
right, including--
(A) a water right subject to an interstate water
compact (including full development of any
apportionment made in accordance with such a compact);
(B) a water right decreed within, above, below, or
through the Historic Landscape;
(C) a change, exchange, plan for augmentation, or
other water decree with respect to a water right,
including a conditional water right, in existence on
the date of enactment of this subtitle--
(i) that is consistent with the purposes
described in subsection (b); and
(ii) that does not result in diversion of a
greater flow rate or volume of water for such a
water right in existence on the date of
enactment of this subtitle;
(D) a water right held by the United States;
(E) the management or operation of any reservoir,
including the storage, management, release, or
transportation of water; and
(F) the construction or operation of such
infrastructure as is determined to be necessary by an
individual or entity holding water rights to develop
and place to beneficial use those rights, subject to
applicable Federal, State, and local law (including
regulations);
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed by a
ski area permit; or
(C) the authority of the Secretary to modify or
expand an existing ski area permit;
(5) prevents the Secretary from closing portions of the
Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable laws;
or
(6) affects--
(A) any special use permit in effect on the date of
enactment of this subtitle; or
(B) the renewal of a permit described in
subparagraph (A).
(h) Funding.--
(1) In general.--There is established in the general fund
of the Treasury a special account, to be known as the ``Camp
Hale Historic Preservation and Restoration Fund''.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Camp Hale Historic Preservation and
Restoration Fund $10,000,000, to be available to the Secretary
until expended, for activities relating to historic
interpretation, preservation, and restoration carried out in
and around the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located beside
United States Route 24 in the State, at 39.431N 106.323W, is designated
as the ``Sandy Treat Overlook''.
SEC. 5618. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National Forest is
modified to include the approximately 120 acres comprised of the SW\1/
4\, the SE\1/4\, and the NE\1/4\ of the SE\1/4\ of sec. 1, T. 2 S., R.
80 W., 6th Principal Meridian, in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of section
200306 of title 54, United States Code, the boundaries of the White
River National Forest, as modified by subsection (a), shall be
considered to be the boundaries of the White River National Forest as
in existence on January 1, 1965.
SEC. 5619. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY
ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for the
ongoing maintenance and use of portions of the Trail River Ranch and
the associated property located within Rocky Mountain National Park in
Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is
amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment' and
dated January 16, 2018.''.
SEC. 5620. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this part affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this part or an amendment made
by this part establishes a protective perimeter or buffer zone
around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 5613;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of an area described in
paragraph (1) can be seen or heard from within the applicable
area described in paragraph (1) shall not preclude the activity
or use outside the boundary of the applicable area described in
paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this part affects the treaty
rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions that the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the areas described in subsection (b)(1)
by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall file maps and
legal descriptions of each area described in subsection (b)(1)
with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this part, except that the Secretary may correct
any typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described in
subsection (b)(1) only through exchange, donation, or purchase
from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area, Recreation
Management Area, Wildlife Conservation Area, or Historic
Landscape, as applicable, in which the land or interest in land
is located.
(f) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this subtitle, the areas described in subsection (b)(1)
are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Military Overflights.--Nothing in this part or an amendment
made by this part restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this part or an amendment made by this part,
including military overflights that can be seen, heard, or
detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an
area described in paragraph (1); or
(B) any military flight training or transportation
over such an area.
(h) Sense of Congress.--It is the sense of Congress that military
aviation training on Federal public land in the State, including the
training conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the United
States and the readiness of the Armed Forces.
PART 2--SAN JUAN MOUNTAINS
SEC. 5631. DEFINITIONS.
In this part:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 5632); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area
designated by section 5633(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 5633(a)(2).
SEC. 5632. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77) (as amended by section 5622(a)(2)) is amended
by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated September 6, 2018, which is incorporated in, and
shall be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
7,235 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East Special
Management Area' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of,
the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 12,465 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated September 6, 2018, which is incorporated in,
and shall be administered as part of, the Mount
Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and dated
September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 5633. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan
National Forests in the State comprising approximately 21,663
acres, as generally depicted on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and dated September
19, 2018, is designated as the ``Sheep Mountain Special
Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area'' and dated September
6, 2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves
the wilderness character of the Special Management
Areas and the suitability of the Special Management
Areas for potential inclusion in the National
Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this part; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal
land, to provide access for abandoned mine cleanup, and
to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
as provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance and the competitive running event
permitted since 1992) that have been authorized by
permit or license as of the date of enactment of this
subtitle to continue within the Special Management
Areas, subject to such terms and conditions as the
Secretary may require.
(B) Permitting.--The designation of the Special
Management Areas by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this subtitle.
(C) Bicycles.--The Secretary may permit the use of
bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as ``Ophir
Valley Area'' on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and
dated September 19, 2018; and
(ii) the portion of the Liberty Bell East
Special Management Area identified as ``Liberty
Bell Corridor'' on the map entitled ``Proposed
Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September
6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with section 8 of
the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762),
except that, for purposes of this part--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of this
Act, or the Bowen Gulch Protection Area or the Fossil Ridge
Recreation Management Area identified in sections 5 and 6 of
this Act'', or ``the areas described in sections 2, 5, 6, and 9
of this Act'' shall be considered to be a reference to ``the
Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to this subtitle.
SEC. 5634. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II
of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 5632) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 5632)--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable
laws.
SEC. 5635. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this part affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this part establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this part affects the treaty
rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary or the Secretary of
the Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added
by section 5632) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this part, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or the
wilderness designated under paragraphs (27) through (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 5632) only
through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this subtitle, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary
with jurisdiction over a wilderness area designated by paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section 5632) may
carry out any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects, and
diseases, subject to such terms and conditions as the Secretary
determines to be appropriate.
(h) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this subtitle, the covered land and the approximately
6,590 acres generally depicted on the map entitled ``Proposed Naturita
Canyon Mineral Withdrawal Area'' and dated September 6, 2018, is
withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
PART 3--THOMPSON DIVIDE
SEC. 5641. PURPOSES.
The purposes of this part are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and other
disposal laws in order to protect the agricultural, ranching,
wildlife, air quality, recreation, ecological, and scenic
values of the area; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity supplies and
other beneficial uses of fugitive methane
emissions; and
(ii) increased royalties for taxpayers.
SEC. 5642. DEFINITIONS.
In this part:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land in
Garfield, Gunnison, Delta, or Pitkin County in the State, as
generally depicted on the pilot program map as ``Fugitive Coal
Mine Methane Use Pilot Program Area'', that would leak or be
vented into the atmosphere from an active, inactive, or
abandoned underground coal mine.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 5645(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive Coal
Mine Methane Use Pilot Program Area'' and dated June 17, 2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease''
means any oil or gas lease in effect on the date of
enactment of this subtitle within the Thompson Divide
Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease''
does not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage
Field development right; or
(ii) before the date of enactment of this
subtitle, has expired, been cancelled, or
otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map'' and
dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals generally depicted on the
Thompson Divide map as the ``Thompson Divide Withdrawal and
Protection Area''.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage
Field development right'' means a development right for
any of the Federal mineral leases numbered COC 007496,
COC 007497, COC 007498, COC 007499, COC 007500, COC
007538, COC 008128, COC 015373, COC 0128018, COC
051645, and COC 051646, as generally depicted on the
Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage
Field development right'' does not include any storage
right or related activity within the area described in
subparagraph (A).
SEC. 5643. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this subtitle, the Thompson Divide Withdrawal and
Protection Area is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be determined by
surveys approved by the Secretary, in consultation with the Secretary
of Agriculture.
(c) Grazing.--Nothing in this subtitle affects the administration
of grazing in the Thompson Divide Withdrawal and Protection Area.
SEC. 5644. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder, the
Secretary may issue to the leaseholder credits for any bid, royalty, or
rental payment due under any Federal oil or gas lease on Federal land
in the State, in accordance with subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide lease
relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for
the applicable Thompson Divide leases;
(ii) the amount of any rental paid for the
applicable Thompson Divide leases as of the
date on which the leaseholder submits to the
Secretary a notice of the decision to
relinquish the applicable Thompson Divide
leases; and
(iii) the amount of any expenses incurred
by the leaseholder of the applicable Thompson
Divide leases in the preparation of any
drilling permit, sundry notice, or other
related submission in support of the
development of the applicable Thompson Divide
leases as of January 28, 2019, including any
expenses relating to the preparation of any
analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for legal fees or
related expenses for legal work with respect to a Thompson
Divide lease.
(c) Cancellation.--Effective on relinquishment under this section,
and without any additional action by the Secretary, a Thompson Divide
lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted in
accordance with--
(A) this subtitle; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as cash
for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30
U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of 1970
(30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease, any leaseholder
with a Wolf Creek Storage Field development right shall
permanently relinquish, transfer, and otherwise convey to the
Secretary, in a form acceptable to the Secretary, all Wolf
Creek Storage Field development rights of the leaseholder.
(2) Limitation of transfer.--An interest acquired by the
Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 5645. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT
PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this subtitle, the Secretary shall
develop a plan--
(i) to complete an inventory of fugitive
methane emissions in accordance with subsection
(b);
(ii) to provide for the leasing of fugitive
methane emissions in accordance with subsection
(c); and
(iii) to provide for the capping or
destruction of fugitive methane emissions in
accordance with subsection (d).
(B) Coordination.--In developing the plan under
this paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin
Counties in the State;
(iii) lessees of Federal coal within the
counties referred to in clause (ii);
(iv) interested institutions of higher
education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emission Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory under
paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin County in
the State;
(G) the Garfield County Federal Mineral Lease
District;
(H) institutions of higher education in the State;
(I) lessees of Federal coal within a county
referred to in subparagraph (F);
(J) the National Oceanic and Atmospheric
Administration;
(K) the National Center for Atmospheric Research;
or
(L) other interested entities, including members of
the public.
(3) Contents.--The inventory under paragraph (1) shall
include--
(A) the general location and geographic coordinates
of each vent, seep, or other source producing
significant fugitive methane emissions;
(B) an estimate of the volume and concentration of
fugitive methane emissions from each source of
significant fugitive methane emissions, including
details of measurements taken and the basis for that
emissions estimate;
(C) an estimate of the total volume of fugitive
methane emissions each year;
(D) relevant data and other information available
from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health
Administration;
(iii) the Colorado Department of Natural
Resources;
(iv) the Colorado Public Utility
Commission;
(v) the Colorado Department of Health and
Environment; and
(vi) the Office of Surface Mining
Reclamation and Enforcement; and
(E) such other information as may be useful in
advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall
provide opportunities for public participation in the
inventory under this subsection.
(B) Availability.--The Secretary shall make the
inventory under this subsection publicly available.
(C) Disclosure.--Nothing in this subsection
requires the Secretary to publicly release information
that--
(i) poses a threat to public safety;
(ii) is confidential business information;
or
(iii) is otherwise protected from public
disclosure.
(5) Use.--The Secretary shall use the inventory in carrying
out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emission Leasing Program.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the
holder of a valid existing Federal coal lease for a
mine that is producing fugitive methane emissions to
capture for use, or destroy by flaring, the fugitive
methane emissions.
(B) Conditions.--The authority under subparagraph
(A) shall be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the
Secretary may require.
(C) Limitations.--The program carried out under
paragraph (1) shall only include fugitive methane
emissions that can be captured for use, or destroyed by
flaring, in a manner that does not--
(i) endanger the safety of any coal mine
worker; or
(ii) unreasonably interfere with any
ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work
cooperatively with the holders of valid
existing Federal coal leases for mines that
produce fugitive methane emissions to
encourage--
(I) the capture of fugitive methane
emissions for beneficial use, such as
generating electrical power, producing
usable heat, transporting the methane
to market, or transforming the fugitive
methane emissions into a different
marketable material; or
(II) if the beneficial use of the
fugitive methane emissions is not
feasible, the destruction of the
fugitive methane emissions by flaring.
(ii) Guidance.--In furtherance of the
purposes of this paragraph, not later than 1
year after the date of enactment of this
subtitle, the Secretary shall issue guidance
for the implementation of Federal authorities
and programs to encourage the capture for use,
or destruction by flaring, of fugitive methane
emissions, while minimizing impacts on natural
resources or other public interest values.
(E) Royalties.--The Secretary shall determine
whether any fugitive methane emissions used or
destroyed pursuant to this paragraph are subject to the
payment of a royalty under applicable law.
(3) Fugitive methane emissions from abandoned coal mines.--
(A) In general.--Except as otherwise provided in
this section, notwithstanding section 143, subject to
valid existing rights, and in accordance with section
21 of the Mineral Leasing Act (30 U.S.C. 241) and any
other applicable law, the Secretary shall--
(i) authorize the capture for use, or
destruction by flaring, of fugitive methane
emissions from abandoned coal mines on Federal
land; and
(ii) make available for leasing such
fugitive methane emissions from abandoned coal
mines on Federal land as the Secretary
considers to be in the public interest.
(B) Source.--To the maximum extent practicable, the
Secretary shall offer for lease each significant vent,
seep, or other source of fugitive methane emissions
from abandoned coal mines.
(C) Bid qualifications.--A bid to lease fugitive
methane emissions under this paragraph shall specify
whether the prospective lessee intends--
(i) to capture the fugitive methane
emissions for beneficial use, such as
generating electrical power, producing usable
heat, transporting the methane to market, or
transforming the fugitive methane emissions
into a different marketable material;
(ii) to destroy the fugitive methane
emissions by flaring; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane
emissions for beneficial use; and
(II) destroying the fugitive
methane emission by flaring.
(D) Priority.--
(i) In general.--If there is more than 1
qualified bid for a lease under this paragraph,
the Secretary shall select the bid that the
Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the
public interest under clause (i), the Secretary
shall take into consideration--
(I) the size of the overall
decrease in the time-integrated
radiative forcing of the fugitive
methane emissions;
(II) the impacts to other natural
resource values, including wildlife,
water, and air; and
(III) other public interest values,
including scenic, economic, recreation,
and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall
develop and provide to prospective bidders a
lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form
developed under clause (i) shall include terms
and conditions requiring the leased fugitive
methane emissions to be put to beneficial use
or flared by not later than 1 year after the
date of issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a
minimum bid and royalty rate for leases under this
paragraph to advance the purposes of this section, to
the maximum extent practicable.
(d) Sequestration.--If, by not later than 4 years after the date of
enactment of this subtitle, any significant fugitive methane emissions
from abandoned coal mines on Federal land are not leased under
subsection (c)(3), the Secretary shall, in accordance with applicable
law, take all reasonable measures--
(1) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(2) if sequestration under paragraph (1) is not feasible,
destroy the fugitive methane emissions by flaring.
(e) Report to Congress.--Not later than 4 years after the date of
enactment of this subtitle the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary on whether the
pilot program could be expanded geographically to include other
significant sources of fugitive methane emissions from coal
mines.
SEC. 5646. EFFECT.
Except as expressly provided in this part, nothing in this part--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this part, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in the
State.
PART 4--CURECANTI NATIONAL RECREATION AREA
SEC. 5651. DEFINITIONS.
In this part:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485C, and dated August 11, 2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation Area
established by section 5652(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5652. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the date
on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment
of this subtitle, there shall be established as a unit of the National
Park System the Curecanti National Recreation Area, in accordance with
this subtitle, consisting of approximately 50,667 acres of land in the
State, as generally depicted on the map as ``Curecanti National
Recreation Area Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this part; and
(B) the laws (including regulations) generally
applicable to units of the National Park System,
including section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this part affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit
of the Colorado River Storage Project under the
Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If, before the
date that is 1 year after the date of enactment
of this subtitle, the Commissioner of
Reclamation submits to the Secretary a request
for the Commissioner of Reclamation to retain
administrative jurisdiction over the minimum
quantity of land within the land identified on
the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'' that the
Commissioner of Reclamation identifies as
necessary for the effective operation of Bureau
of Reclamation water facilities, the Secretary
may--
(I) approve, approve with
modifications, or disapprove the
request; and
(II) if the request is approved
under subclause (I), make any
modifications to the map that are
necessary to reflect that the
Commissioner of Reclamation retains
management authority over the minimum
quantity of land required to fulfill
the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative
jurisdiction over the land identified
on the map as ``Lands withdrawn or
acquired for Bureau of Reclamation
projects'', as modified pursuant to
clause (i)(II), if applicable, shall be
transferred from the Commissioner of
Reclamation to the Director of the
National Park Service by not later than
the date that is 1 year after the date
of enactment of this subtitle.
(II) Access to transferred land.--
(aa) In general.--Subject
to item (bb), the Commissioner
of Reclamation shall retain
access to the land transferred
to the Director of the National
Park Service under subclause
(I) for reclamation purposes,
including for the operation,
maintenance, and expansion or
replacement of facilities.
(bb) Memorandum of
understanding.--The terms of
the access authorized under
item (aa) shall be determined
by a memorandum of
understanding entered into
between the Commissioner of
Reclamation and the Director of
the National Park Service not
later than 1 year after the
date of enactment of this
subtitle.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management agreements
in existence on the date of enactment of this subtitle,
relating to the authority of the Director of the
National Park Service, the Commissioner of Reclamation,
the Director of the Bureau of Land Management, or the
Chief of the Forest Service to manage Federal land
within or adjacent to the boundary of the National
Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within or adjacent to
the National Recreation Area, in accordance with the
cooperative management authority under section 101703
of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow boating,
boating-related activities, hunting, and fishing in the
National Recreation Area in accordance with applicable
Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting
through the Superintendent of the National
Recreation Area, may designate zones in which,
and establish periods during which, no boating,
hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A)
for reasons of public safety, administration,
or compliance with applicable laws.
(ii) Consultation required.--Except in the
case of an emergency, any closure proposed by
the Secretary under clause (i) shall not take
effect until after the date on which the
Superintendent of the National Recreation Area
consults with--
(I) the appropriate State agency
responsible for hunting and fishing
activities; and
(II) the Board of County
Commissioners in each county in which
the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located not more than 3 miles
from the boundary of the National Recreation Area, the
Secretary may work in partnership with the individual to
enhance the long-term conservation of natural, cultural,
recreational, and scenic resources in and around the National
Recreation Area--
(A) by acquiring all or a portion of the private
land or interests in private land located not more than
3 miles from the boundary of the National Recreation
Area by purchase, exchange, or donation, in accordance
with section 5653;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this subtitle, all Federal land within
the National Recreation Area is withdrawn from--
(A) entry, appropriation, and disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(7) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired
under this part is subject to a State grazing
lease in effect on the date of acquisition, the
Secretary shall allow the grazing to continue
for the remainder of the term of the lease,
subject to the related terms and conditions of
user agreements, including permitted stocking
rates, grazing fee levels, access rights, and
ownership and use of range improvements.
(ii) Access.--A lessee of State land may
continue to use established routes within the
National Recreation Area to access State land
for purposes of administering the lease if the
use was permitted before the date of enactment
of this subtitle, subject to such terms and
conditions as the Secretary may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on
land acquired from the State or private landowners
under section 5653, if grazing was established before
the date of acquisition.
(C) Private land.--On private land acquired under
section 5653 for the National Recreation Area on which
authorized grazing is occurring before the date of
enactment of this subtitle, the Secretary, in
consultation with the lessee, may allow the
continuation and renewal of grazing on the land based
on the terms of acquisition or by agreement between the
Secretary and the lessee, subject to applicable law
(including regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing
leases, uses, and practices in effect as of the
date of enactment of this subtitle, the
continuation and renewal of grazing on Federal
land located within the boundary of the
National Recreation Area on which grazing is
allowed before the date of enactment of this
subtitle, unless the Secretary determines that
grazing on the Federal land would present
unacceptable impacts (as defined in section
1.4.7.1 of the National Park Service document
entitled ``Management Policies 2006: The Guide
to Managing the National Park System'') to the
natural, cultural, recreational, and scenic
resource values and the character of the land
within the National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation Area.
(E) Termination of leases.--Within the National
Recreation Area, the Secretary may--
(i) accept the voluntary termination of a
lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more years,
terminate the lease or permit.
(8) Water rights.--Nothing in this part--
(A) affects any use or allocation in existence on
the date of enactment of this subtitle of any water,
water right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this subtitle, including any water right
held by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this subtitle;
(D) shall be considered to be a relinquishment or
reduction of any water right reserved or appropriated
by the United States in the State on or before the date
of enactment of this subtitle; or
(E) constitutes an express or implied Federal
reservation of any water or water rights with respect
to the National Recreation Area.
(9) Fishing easements.--
(A) In general.--Nothing in this part diminishes or
alters the fish and wildlife program for the Aspinall
Unit developed under section 8 of the Act of April 11,
1956 (commonly known as the ``Colorado River Storage
Project Act'') (70 Stat. 110, chapter 203; 43 U.S.C.
620g), by the United States Fish and Wildlife Service,
the Bureau of Reclamation, and the Colorado Division of
Wildlife (including any successor in interest to that
division) that provides for the acquisition of public
access fishing easements as mitigation for the Aspinall
Unit (referred to in this paragraph as the
``program'').
(B) Acquisition of fishing easements.--The
Secretary shall continue to fulfill the obligation of
the Secretary under the program to acquire 26 miles of
class 1 public fishing easements to provide to
sportsmen access for fishing within the Upper Gunnison
Basin upstream of the Aspinall Unit, subject to the
condition that no existing fishing access downstream of
the Aspinall Unit shall be counted toward the minimum
mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary shall develop
a plan for fulfilling the obligation of the Secretary
described in subparagraph (B) by the date that is 10
years after the date of enactment of this subtitle.
(D) Reports.--Not later than each of 2 years, 5
years, and 8 years after the date of enactment of this
subtitle, the Secretary shall submit to Congress a
report that describes the progress made in fulfilling
the obligation of the Secretary described in
subparagraph (B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this part affects the treaty
rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the National Recreation Area by members of
Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
SEC. 5653. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National Recreation
Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with
donated or appropriated funds;
(iii) transfer from another Federal agency;
or
(iv) exchange.
(B) State land.--Land or interests in land owned by
the State or a political subdivision of the State may
only be acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over
the approximately 2,560 acres of land identified on the
map as ``U.S. Forest Service proposed transfer to the
National Park Service'' is transferred to the
Secretary, to be administered by the Director of the
National Park Service as part of the National
Recreation Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to exclude
the land transferred to the Secretary under
subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 5,040 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the Bureau
of Land Management, subject to the revocation of Bureau of
Reclamation withdrawal'' shall be transferred to the Director
of the Bureau of Land Management on relinquishment of the land
by the Bureau of Reclamation and revocation by the Bureau of
Land Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange lands''
shall be relinquished by the Commissioner of Reclamation and
revoked by the Director of the Bureau of Land Management and
the land shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private
land described in section 152(c)(5)--
(i) subject to a conservation easement
remaining on the transferred land, to protect
the scenic resources of the transferred land;
and
(ii) in accordance with the laws (including
regulations) and policies governing National
Park Service land exchanges; and
(B) if not exchanged under subparagraph (A), shall
be added to, and managed as a part of, the National
Recreation Area.
(d) Addition to National Recreation Area.--Any land within the
boundary of the National Recreation Area that is acquired by the United
States shall be added to, and managed as a part of, the National
Recreation Area.
SEC. 5654. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this part, the Director of the National Park
Service, in consultation with the Commissioner of Reclamation, shall
prepare a general management plan for the National Recreation Area in
accordance with section 100502 of title 54, United States Code.
SEC. 5655. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National Park
Service) shall prepare a boundary survey and legal description of the
National Recreation Area.
Subtitle B--Grand Canyon Protection
SEC. 5661. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF ARIZONA.
(a) Definition Of Map.--In this subtitle, the term ``Map'' means
the map prepared by the Bureau of Land Management entitled ``Grand
Canyon Protection Act'' and dated January 22, 2021.
(b) Withdrawal.--Subject to valid existing rights, the
approximately 1,006,545 acres of Federal land in the State of Arizona,
generally depicted on the Map as ``Federal Mineral Estate to be
Withdrawn'', including any land or interest in land that is acquired by
the United States after the date of the enactment of this subtitle, are
hereby withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(c) Availability Of Map.--The Map shall be kept on file and made
available for public inspection in the appropriate offices of the
Forest Service and the Bureau of Land Management.
TITLE LVII--STRENGTHENING MARINE MAMMAL CONSERVATION
SEC. 5701. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the Secretary of
Commerce, acting through the Administrator of the National Oceanic and
Atmospheric Administration.
SEC. 5702. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL HABITAT.
(a) In General.--The Marine Mammal Protection Act of 1974 (16
U.S.C. 1361 et seq.) is amended by inserting after section 120 the
following:
``SEC. 121. VESSEL RESTRICTIONS IN MARINE MAMMAL HABITAT.
``(a) In General.--The Secretary shall, in coordination with the
Marine Mammal Commission and the Commandant of the Coast Guard and
applying the best available scientific information--
``(1) designate areas of importance for marine mammals
known to experience vessel strikes and establish for each such
area seasonal or year-round mandatory vessel speed restrictions
to reduce vessel strikes or other vessel-related impacts, as
necessary, for vessels operating in such areas; and
``(2) implement for such species, as appropriate, dynamic
management area programs incorporating mandatory vessel
restrictions to protect marine mammals from vessel strikes or
other vessel-related impacts occurring outside designated areas
of importance.
``(b) Areas of Importance.--In designating areas under subsection
(a), the Secretary--
``(1) shall consider including--
``(A) the important feeding, breeding, calving,
rearing, or migratory habitat for priority species of
marine mammals, including all areas designated as
critical habitat for such species under section 4 of
the Endangered Species Act of 1973 (16 U.S.C. 1533)
except any area the Secretary determines does not
intersect with areas of vessel traffic such that an
elevated risk of mortality or injury caused by vessel
strikes exists; and
``(B) areas of high marine mammal mortality,
injury, or harassment caused by vessel strikes; and
``(2) may consider including--
``(A) any area designated as a National Marine
Sanctuary, Marine National Monument, National Park, or
National Wildlife Refuge; and
``(B) areas of high marine mammal primary
productivity with year-round or seasonal aggregations
of marine mammals to which this section applies.
``(c) Deadline for Regulations.--Not later than two years after the
date of the enactment of this section, the Secretary shall designate
areas and vessel restrictions under subsection (a) and issue such
regulations as are necessary to carry out this section, consistent with
notice and comment requirements under chapter 5 of title 5, United
States Code.
``(d) Modifying or Designating New Areas of Importance.--
``(1) In general.--The Secretary shall issue regulations to
modify or designate the areas of importance and vessel
restrictions under this section within 180 days after the
issuance of regulations to establish or to modify critical
habitat for marine mammals pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
``(2) Reexamination.--The Secretary shall--
``(A) reexamine the areas of importance designated
and vessel restrictions under this section every 5
years following the initial issuance of the regulations
to determine if the best available scientific
information warrants modification or designation of
areas of importance for vessel restrictions; and
``(B) publish any revisions under subparagraph (A)
in the Federal Register after notice and opportunity
for public comment within 24 months.
``(3) Finding.--Not later than 90 days after receiving the
petition of an interested person under section 553(e) of title
5, United States Code, to designate, modify, or add an area of
importance or vessel restriction under this section, the
Secretary shall make a finding as to whether the petition
presents substantial scientific information indicating that the
petitioned action may be warranted. The Secretary shall
promptly publish such finding in the Federal Register for
comment. Not later than one year after the close of comments,
the Secretary shall publish in the Federal Register a finding
of whether the petitioned action is warranted and, if the
Secretary determines that the petitioned action is warranted,
shall publish draft regulations designating or modifying and
vessel restrictions the area of importance. Not later than 12
months after publication of the draft regulations, the
Secretary shall issue final regulations designating or
modifying the area of importance and vessel restrictions.
``(e) Exceptions for Safe Maneuvering and Using Authorized
Technology.--
``(1) In general.--The restriction established under
subsection (a) shall not apply to a vessel operating at a speed
necessary to maintain safe maneuvering speed if such speed is
justified because the vessel is in an area where oceanographic,
hydrographic, or meteorological conditions severely restrict
the maneuverability of the vessel and the need to operate at
such speed is confirmed by the pilot on board or, when a vessel
is not carrying a pilot, the master of the vessel. If a
deviation from the applicable speed limit is necessary pursuant
to this subsection, the reasons for the deviation, the speed at
which the vessel is operated, the latitude and longitude of the
area, and the time and duration of such deviation shall be
entered into the logbook of the vessel. The master of the
vessel shall attest to the accuracy of the logbook entry by
signing and dating the entry.
``(2) Authorized technology.--
``(A) In general.--The vessel restrictions
established under subsection (a) shall not apply to a
vessel operating using technology authorized by
regulations issued by the Secretary under subparagraph
(B).
``(B) Regulations.--The Secretary may issue
regulations authorizing a vessel to operate using
technology specified by the Secretary under this
subparagraph if the Secretary determines that such
operation is at least as effective as the vessel
restrictions authorized by regulations under subsection
(a) in reducing mortality and injury to marine mammals.
``(f) Applicability.--Any speed restriction established under
subsection (a)--
``(1) shall apply to all vessels subject to the
jurisdiction of the United States, all other vessels entering
or departing a port or place subject to the jurisdiction of the
United States, and all other vessels within the Exclusive
Economic Zone of the United States, regardless of flag; and
``(2) shall not apply to--
``(A) vessels owned, operated, or under contract by
the Department of Defense or the Department of Homeland
Security, or engaged with such vessels;
``(B) law enforcement vessels of the Federal
Government or of a State or political subdivision
thereof, when such vessels are engaged in law
enforcement or search and rescue duties; or
``(C) vessels with foreign sovereign immunity, as
reflected under international law.
``(g) Statutory Construction.--
``(1) In general.--Nothing in this section shall be
interpreted or implemented in a manner that--
``(A) subject to paragraph (2), preempts or
modifies any obligation of any person subject to the
provisions of this title to act in accordance with
applicable State laws, except to the extent that those
laws are inconsistent with any provision of this title,
and then only to the extent of the inconsistency;
``(B) affects or modifies any obligation under
Federal law; or
``(C) preempts or supersedes the final rule titled
`To Implement Speed Restrictions to Reduce the Threat
of Ship Collisions With North Atlantic Right Whales',
codified at section 224.105 of title 50, Code of
Federal Regulations, except for actions that are more
protective than the Final Rule and further reduce the
risk of take to North Atlantic right whales.
``(2) Inconsistencies.--The Secretary may determine whether
inconsistencies referred to in paragraph (1)(A) exist, but may
not determine that any State law is inconsistent with any
provision of this title if the Secretary determines that such
law gives greater protection to covered marine species and
their habitat.
``(h) Priority Species.--For the purposes of this section, the term
`priority species' means, at a minimum, all Mysticeti species and
species within the genera Physeter and Trichechus.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated--
``(1) to the Secretary to carry out this section,
$3,000,000 for each of fiscal years 2022 through 2026; and
``(2) to the Commandant of the Coast Guard to carry out
this section, $3,000,000 for each of fiscal years 2024 through
2026.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is further amended by inserting after the item relating to
section 120 the following:
``Sec. 121. Vessel speed restrictions in marine mammal habitat.''.
SEC. 5703. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Administrator, and the Director of the Fish
and Wildlife Service shall maintain and expand an Ocean Noise Reference
Station Network, utilizing and coordinating with the Integrated Ocean
Observing System, the Office of National Marine Sanctuaries, and the
Department of Defense, to--
(1) provide grants to expand the deployment of Federal and
non-Federal observing and data management systems capable of
collecting measurements of underwater sound in high-priority
ocean and coastal locations for purposes of monitoring and
analyzing baselines and trends in the underwater soundscape to
protect and manage marine life;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) after coordinating with the Department of Defense,
coordinate and make accessible to the public the datasets,
modeling and analysis, and user-driven products and tools,
resulting from observations of underwater sound funded through
grants authorized by this section.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator, to support integrated ocean
observations activities carried out under this section, $1,500,000 for
each of fiscal years 2022 through 2026.
SEC. 5704. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO REDUCE THE
IMPACTS OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE
MAMMALS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator and the Director of the Fish
and Wildlife Service, in coordination with the Secretary of Defense,
shall establish a grant program to provide assistance to up to ten
seaports to develop and implement mitigation measures that will lead to
a quantifiable reduction in threats to marine mammals from shipping
activities and port operations.
(b) Eligible Uses.--A grant under this section may be used to
develop, assess, and carry out activities that quantifiably reduce
threats and enhance the habitats of marine mammals by--
(1) reducing underwater stressors related to marine
traffic;
(2) reducing vessel strike mortality and other physical
disturbances;
(3) enhancing marine mammal habitat, including the habitat
for prey of marine mammals; or
(4) monitoring sound, vessel interactions with marine
mammals, or other types of monitoring that are consistent with
reducing the threats to and enhancing the habitats of marine
mammals.
(c) Priority.--The Administrator and the Director of the Fish and
Wildlife Service shall prioritize assistance under this section for
projects that--
(1) assist ports with higher relative threat levels to
vulnerable marine mammals from vessel traffic;
(2) reduce disturbance from vessel presence or mortality
risk from vessel strikes, and are in close proximity to
National Marine Sanctuaries, Marine National Monuments,
National Parks, National Wildlife Refuges, and other federal,
state, and local marine protected areas; and
(3) allow eligible entities to conduct risk assessments,
and track progress toward threat reduction and habitat
enhancement; including protecting coral reefs from encroachment
by commerce and shipping lanes.
(d) Outreach.--The Administrator and the Director of the Fish and
Wildlife Service shall conduct outreach to seaports to provide
information on how to apply for assistance under this section, the
benefits of the program under this section, and facilitation of best
practices and lessons learned.
(e) Eligible Entities.--A person shall be eligible for assistance
under this section if the person--
(1) is--
(A) a port authority for a seaport;
(B) a State, regional, local, or Tribal agency that
has jurisdiction over a maritime port authority or a
seaport; or
(C) a private entity or government entity, applying
for a grant awarded under this section in collaboration
with another entity described in subparagraph (A) or
(B), that owns or operates a maritime terminal; and
(2) is cleared by the Department of Defense.
(f) Report.--The Administrator and the Director of the Fish and
Wildlife Service shall submit annually to the Committee on Natural
Resources of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate, a report that
includes the following:
(1) The name and location of each entity receiving a grant.
(2) Amount of each grant.
(3) The name and location of the seaport in which the
activities took place.
(4) A description of the activities carried out with the
grant funds.
(5) An estimate of the impact of the project to reduce
threats or enhance habitat of marine mammals.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator, for carrying out this section,
$5,000,000 for each of fiscal years 2022 through 2026, to remain
available until expended.
SEC. 5705. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
WHALES.
(a) Establishment of the Program.--The Administrator, in
coordination with the Secretary of Defense and the heads of other
relevant Federal departments and agencies, shall design and deploy a
Near Real-Time Large Whale Monitoring and Mitigation Program in order
to curtail the risk to large whales of vessel collisions, entanglement
in commercial fishing gear, and to minimize other impacts, including
but not limited to underwater noise from development activities. Such
program shall be capable of detecting and alerting ocean users and
enforcement agencies of the location of large whales on a near real-
time basis, informing sector-specific mitigation protocols that can
effectively reduce take of large whales, and continually integrating
improved technology. The program shall be informed by the technologies,
monitoring methods, and mitigation protocols developed pursuant to the
pilot program required in subsection (b).
(b) Pilot Project.--In carrying out subsection (a), the
Administrator shall first establish a pilot monitoring and mitigation
project for North Atlantic right whales for the purposes of informing a
cost-effective, efficient and results-oriented near real-time
monitoring and mitigation program for large whales.
(1) Pilot project requirements.--In designing and deploying
the monitoring system, the Administrator, in coordination with
the heads of other relevant Federal departments and agencies,
shall, using best available scientific information, identify
and ensure coverage of--
(A) core foraging habitats of North Atlantic right
whales, including but not limited to--
(i) the ``South of the Islands'' core
foraging habitat;
(ii) the ``Cape Cod Bay Area'' core
foraging habitat;
(iii) the ``Great South Channel'' core
foraging habitat; and
(iv) the Gulf of Maine; and
(B) important feeding, breeding, calving, rearing,
or migratory habitats of North Atlantic right whales
that co-occur with areas of high risk of mortality,
injury, or harassment of such whales from vessel
strikes, disturbance from development activities, and
entanglement in commercial fishing gear.
(2) Pilot project monitoring components.--
(A) In general.--Within 3 years after the date of
the enactment of this Act, the Administrator, in
consultation with relevant Federal agencies, Tribal
governments, and with input from affected stakeholders,
shall design and deploy a real-time monitoring system
for North Atlantic right whales that includes near
real-time monitoring methods, technologies, and
protocols that--
(i) comprise sufficient detection power,
spatial coverage and survey effort to detect
and localize North Atlantic right whales within
core foraging habitats;
(ii) are capable of detecting North
Atlantic right whales visually, including
during periods of poor visibility and darkness,
and acoustically;
(iii) take advantage of dynamic habitat
suitability models that help to discern the
likelihood of North Atlantic right whale
occurrence in core foraging habitat at any
given time;
(iv) coordinate with the Integrated Ocean
Observing System to leverage monitoring assets;
(v) integrate new near real-time monitoring
methods and technologies as they become
available;
(vi) accurately verify and rapidly
communicate detection data; and
(vii) allow for ocean users to contribute
data that is verified to be collected using
comparable near real-time monitoring methods
and technologies.
(B) National security considerations.--All
monitoring methods, technologies, and protocols under
subparagraph (A) shall be consistent with national
security considerations and interests.
(3) Pilot program mitigation protocols.--The Secretary
shall, in consultation with the Secretary of Homeland Security,
Secretary of Defense, Secretary of Transportation, and
Secretary of the Interior, and with input from affected
stakeholders, develop and deploy mitigation protocols that make
use of the near real-time monitoring system to direct sector-
specific mitigation measures that avoid and significantly
reduce risk of injury and mortality to North Atlantic right
whales.
(4) Pilot program access to data.--The Administrator shall
provide access to data generated by the monitoring system for
purposes of scientific research and evaluation, and public
awareness and education, through the NOAA Right Whale Sighting
Advisory System and WhaleMap or other successive public web
portals, subject to review for national security
considerations.
(5) Pilot program reporting.--
(A) Interim report.--Not later than two years after
the date of the enactment of this Act, the
Administrator shall submit to the Committee on Natural
Resources of the House of Representatives, and the
Committee on Commerce, Science and Transportation of
the Senate, and make available to the public, an
interim report that assesses the benefits and efficacy
of the North Atlantic right whale near real-time
monitoring and mitigation pilot program. The report
shall include--
(i) a description of the monitoring methods
and technology in use or planned for
deployment;
(ii) analyses of the efficacy of the
methods and technology in use or planned for
deployment in detecting North Atlantic right
whales both individually and in combination;
(iii) how the monitoring system is directly
informing and improving species management and
mitigation in near real-time across ocean
sectors whose activities pose a risk to North
Atlantic right whales;
(iv) a prioritized identification of gaps
in technology or methods requiring future
research and development.
(B) Final report.--Not later than three years after
the date of the enactment of this Act, the
Administrator, in coordination with the Secretary of
Defense and the heads of other relevant Federal
departments and agencies, shall submit to the Committee
on Natural Resources of the House of Representatives,
and the Committee on Commerce, Science and
Transportation of the Senate, and make available to the
public, a final report, addressing the components in
subparagraph (A) for the subsequent one year following
the publication of the interim report, and including
the following--
(i) a strategic plan to expand the pilot
program to provide near real-time monitoring
and mitigation measures to additional large
whale species, including a prioritized plan for
acquisition, deployment, and maintenance of
monitoring technologies, and the locations or
species for which the plan would apply; and
(ii) a budget and description of
appropriations necessary to carry out the
strategic plan pursuant to the requirements of
clause (i).
(c) Additional Authority.--In carrying out this section, including,
the Administrator may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to carry out the
purposes of this section on such terms as the Administrator considers
appropriate, consistent with Federal acquisition regulations.
(d) Reporting.--Not later than one year after the deployment of the
program described in subsection (b) (and after completion of the
reporting requirements pursuant to paragraph (5) of such subsection),
and annually thereafter through 2029, the Administrator shall submit to
the Committee on Natural Resources of the House of Representatives, and
the Committee on Commerce, Science and Transportation of the Senate,
and make available to the public, a report that assess the benefits and
efficacy of the near real-time monitoring and mitigation program.
(e) Definitions.--In this section:
(1) The term ``core foraging habitats'' means areas with
biological and physical oceanographic features that aggregate
Calanus finmarchicus and where North Atlantic right whales
foraging aggregations have been well documented.
(2) The term ``near real-time'' means that visual,
acoustic, or other detections of North Atlantic right whales
are transmitted and reported as soon as technically feasible,
and no longer than 24 hours, after they have occurred.
(3) The term ``large whale'' means all Mysticeti species
and species within the genera Physeter and Orcinus.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator, to support development, deployment,
application and ongoing maintenance of the monitoring system as
required by this section, $5,000,000 for each of fiscal years 2022
through 2026.
SEC. 5706. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES UNDERWATER NOISE
FROM VESSELS.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Administrator of the Maritime Administration
shall establish a grant program, to be administered in consultation
with the heads of other appropriate Federal departments and agencies,
to provide assistance for the development and implementation of new or
improved technologies that quantifiably reduce underwater noise from
marine vessels.
(b) Eligible Uses.--Grants provided under this section may be used
to develop, assess and implement new or improved technologies that
materially reduce underwater noise from marine vessels.
(c) Outreach.--The Administrator of the Maritime Administration
shall conduct outreach to eligible persons to provide information on
how to apply for assistance under this section, the benefits of the
program under this section, and facilitation of best practices and
lessons learned.
(d) Eligible Entities.--A person shall be eligible for assistance
under this section if the person--
(1) is--
(A) a corporation established under the laws of the
United States;
(B) an individual, partnership, association,
organization or any other combination of individuals,
provided, however, that each such individual shall be a
citizen of the United States or lawful permanent
resident of the United States or a protected individual
as such term is defined in section 274B(a)(3) of the
Immigration and Nationality Act (9 U.S.C. 1324b(a)(3));
or
(C) an academic or research organization; and
(2) is cleared through the Department of Defense.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator of the Maritime Administration for
carrying out this section, $5,000,000 for each of fiscal years 2022
through 2026, to remain available until expended.
SEC. 5707. TECHNOLOGY ASSESSMENT FOR QUIETING UNITED STATES GOVERNMENT
VESSELS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Administrator of the United States Maritime
Administration, in consultation with the Commandant of the Coast Guard,
the Secretary of Defense, the Secretary of Homeland Security, and the
Administrator of the National Oceanic and Atmospheric Administration,
shall submit to the appropriate committees of Congress and publish, a
report that includes--
(1) an identification of existing unclassified technologies
that reduce underwater noise; and
(2) an evaluation of the effectiveness and feasibility of
incorporating such technologies in the design, procurement, and
construction of non-military vessels of the United States
Government.
(b) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Environment and Public Works, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Homeland Security, the
Committee on Natural Resources; and the Committee on
Transportation and Infrastructure of the House of
Representatives.
TITLE LVIII--ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR INCLUSIVE
TRANSATLANTIC ENGAGEMENT
SEC. 5801. ESTABLISHMENT OF ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR
INCLUSIVE TRANSATLANTIC ENGAGEMENT AS PILOT PROGRAM.
(a) Establishment.--There is established as a pilot program in the
Library of Congress the Alcee L. Hastings Leadership Institute for
Inclusive Transatlantic Engagement.
(b) Advisory Board.--The Institute shall be subject to the
supervision and direction of an Advisory Board which shall be composed
of seven members as follows:
(1) Two members appointed by the Speaker of the House of
Representatives from among the members of the House of
Representatives, one of whom shall be designated by the
majority leader of the House of Representatives and one of whom
shall be designated by the minority leader of the House of
Representatives.
(2) Two members appointed by the President pro tempore of
the Senate from among the members of the Senate, one of whom
shall be designated by the majority leader of the Senate and
one of whom shall be designated by the minority leader of the
Senate.
(3) Two members appointed by the President, one of whom
shall be an officer or employee of the Department of State and
one of whom shall be an officer or employee of the Department
of the Treasury.
(4) The Executive Director of the Institute, who shall
serve as an ex officio member of the Board.
(c) Term.--Each member of the Board appointed under this section
shall serve for a term of three years. Any vacancy shall be filled in
the same manner as the original appointment and the individual so
appointed shall serve for the remainder of the term. A Member of
Congress appointed to the Board may not consecutively serve as a member
of the Board for more than a total of six years.
(d) Chair and Vice-Chair.--At the first meeting and at its first
regular meeting in each calendar year thereafter the Board shall elect
a Chair and Vice-Chair from among the members of the Board. The Chair
and Vice-Chair may not be members of the same political party.
(e) Pay Not Authorized; Expenses.--Members of the Board (other than
the Executive Director) shall serve without pay, but shall be entitled
to reimbursement for travel, subsistence, and other necessary expenses
incurred in the performance of their duties.
(f) Location of Institute.--The Institute shall be located in
Washington, DC.
SEC. 5802. PURPOSES AND AUTHORITY OF ALCEE L. HASTINGS LEADERSHIP
INSTITUTE FOR INCLUSIVE TRANSATLANTIC ENGAGEMENT.
(a) Purposes.--The purposes of the Institute shall be to develop a
diverse community of transatlantic leaders, including emerging leaders,
committed to democratic institutions, processes, and values by--
(1) providing training and professional development
opportunities for racially and ethnically diverse leaders on
democratic governance and international affairs;
(2) enabling international exchanges between leaders to
increase understanding and knowledge of democratic models of
governance; and
(3) increasing awareness of the importance of international
public service careers in racially and ethnically diverse
communities.
(b) Authority.--The Institute is authorized, consistent with this
title, to develop such programs, activities, and services as it
considers appropriate to carry out the purposes described in subsection
(a).
SEC. 5803. ADMINISTRATIVE PROVISIONS.
(a) Executive Director.--The Board shall appoint an Executive
Director who shall be the chief executive officer and principal
executive of the Institute and who shall supervise the affairs of,
assist the directions of, and carry out the functions of the Board to
administer the Institute. The Executive Director of the Institute shall
be compensated at an annual rate specified by the Board.
(b) Other Duties.--The Executive Director, in consultation with the
Board shall appoint and fix the compensation of such personnel as may
be necessary to carry out this title.
(c) Institute Personnel.--
(1) Staff appointments.--All staff appointments shall be
made without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
general schedule pay rates.
(2) Treatment as congressional employees.--For purposes of
pay and other employment benefits, rights, and privileges and
for all other purposes, any employee of the Institute shall be
considered to be a Congressional employee under section 2107 of
title 5, United States Code.
(3) Coverage under congressional accountability act of
1995.--
(A) Treatment of employees as covered employees.--
Section 101(3) of the Congressional Accountability Act
of 1995 (2 U.S.C. 1301(3)) is amended--
(i) by striking ``or'' at the end of
subparagraph (J);
(ii) by striking the period at the end of
subparagraph (K) and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(L) the Alcee L. Hastings Leadership Institute
for Inclusive Transatlantic Engagement.''.
(B) Treatment of institute as employing office.--
Section 101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is
amended by striking ``and the John C. Stennis Center''
and inserting ``the Alcee L. Hastings Leadership
Institute for Inclusive Transatlantic Engagement, and
the John C. Stennis Center''.
SEC. 5804. ADMINISTRATIVE PROVISIONS.
In order to carry out this title, the Institute may carry out any
of the following:
(1) Prescribe such regulations as it considers necessary
for governing the manner in which its functions shall be
carried out.
(2) Procure temporary and intermittent services of experts
and consultants as are necessary to the extent authorized by
section 3109 of title 5, United States Code.
(3) Request and utilize the assignment of any Federal
officer or employee from a department, agency, or Congressional
office to the Institute, including on a rotating basis, by
entering into an agreement for such assignment.
(4) Enter into contracts, grants, or other arrangements, or
modifications thereof, to carry out the provisions of this
title, including with any office of the Federal Government or
of any State or any subdivision thereof.
(5) Make expenditures for any expenses in connection with
official training sessions or other authorized programs or
activities of the Institute.
(6) Apply for, receive, and use for the purposes of the
Institute grants or other assistance from Federal sources.
(7) Establish, receive, and use for the purposes of the
Institute fees or other charges for goods or services provided
in fulfilling the Institute's purposes.
(8) Respond to the request of offices of Congress and other
departments or agencies of the Federal Government to examine,
study, or report on any issue within the Institute's
competence, including the use of classified materials if
necessary.
(9) Work with the appropriate security offices of the House
of Representatives and Senate to obtain or retain need-based
security clearances for Institute personnel.
(10) Assign Institute personnel to temporary duty with
offices of the Federal Government, international organizations,
agencies and other entities to fulfill this title.
(11) Make other necessary expenditures.
SEC. 5805. DEFINITIONS.
In this title:
(1) The term ``Institute'' means the ``Alcee L. Hastings
Leadership Institute for Inclusive Transatlantic Engagement''
established as a pilot program under section 5801.
(2) The term ``Board'' means the Advisory Board of the
Institute.
SEC. 5806. AUTHORIZATION OF APPROPRIATIONS; DISBURSEMENTS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for fiscal year 2022 and each of the 4 succeeding fiscal years
such sums as may be necessary to carry out this title.
(2) Availability.--Amounts authorized to be appropriated
under paragraph (1) are authorized to remain available until
expended.
(b) Disbursements.--Amounts made available to the Institute shall
be disbursed on vouchers approved by the Chair and Vice-Chair of the
Board or by a majority vote of the Board.
(c) Use of Foreign Currencies.--For purposes of section 502(b) of
the Mutual Security Act of 1954 (22 U.S.C. 1754(b)), the Institute
shall be deemed to be a standing committee of the Congress and shall be
entitled to use funds in accordance with such section.
(d) Foreign Travel.--Foreign travel for official purposes by
Members of the Institute who are Members of Congress and Institute
staff may be authorized by the Chair, Vice-Chair, or Executive Director
of the Institute.
(e) Effective Date.--This section shall take effect on the date of
enactment of this Act.
TITLE LIX--FEDERAL CYBERSECURITY WORKFORCE EXPANSION
SEC. 5901. FINDINGS.
Congress finds that--
(1) the need for qualified cybersecurity personnel is
greater than ever, as demonstrated by the recent SolarWinds
breach and the growing spate of ransomware attacks on critical
infrastructure entities and State and local governments;
(2) the Federal Government is facing a shortage of
qualified cybersecurity personnel, as noted in a March 2019
Government Accountability Office report on critical staffing
needs in the Federal cybersecurity workforce;
(3) there is a national shortage of qualified cybersecurity
personnel, and according to CyberSeek, a project supported by
the National Initiative for Cybersecurity Education within the
National Institute of Standards and Technology, there are
approximately 500,000 cybersecurity job openings around the
United States;
(4) in May 2021, the Department of Homeland Security
announced that the Department was initiating a 60 day sprint to
hire 200 cybersecurity personnel across the Department, with
100 of those hires for the Cybersecurity and Infrastructure
Security Agency, to address a cybersecurity workforce shortage;
and
(5) the Federal Government needs to--
(A) expand the cybersecurity workforce pipeline of
the Federal Government to sustainably close a Federal
cybersecurity workforce shortage; and
(B) work cooperatively with the private sector and
State and local government authorities to expand
opportunities for new cybersecurity professionals.
SEC. 5902. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP
PROGRAM.
Subtitle A of title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended by adding at the end the following:
``SEC. 2202A. APPRENTICESHIP PROGRAM.
``(a) Definitions.--In this section:
``(1) Area career and technical education school.--The term
`area career and technical education school' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
``(2) Community college.--The term `community college'
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is an
associate's degree, including--
``(A) a 2-year Tribal College or and University, as
defined in section 316 of the Higher Education Act of
1965 (20 U.S.C. 1059c); and
``(B) a public 2-year State institution of higher
education.
``(3) Cybersecurity work roles.--The term `cybersecurity
work roles' means the work roles outlined in the National
Initiative for Cybersecurity Education Cybersecurity Workforce
Framework (NIST Special Publication 800-181), or any successor
framework.
``(4) Education and training provider.--The term `education
and training provider' means--
``(A) an area career and technical education
school;
``(B) an early college high school;
``(C) an educational service agency;
``(D) a high school;
``(E) a local educational agency or State
educational agency;
``(F) a Tribal educational agency, Tribally
controlled college or university, or Tribally
controlled postsecondary career and technical
institution;
``(G) a postsecondary educational institution;
``(H) a minority-serving institution;
``(I) a provider of adult education and literacy
activities under the Adult Education and Family
Literacy Act (29 U.S.C. 3271 et seq.);
``(J) a local agency administering plans under
title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741);
``(K) a related instruction provider, including a
qualified intermediary acting as a related instruction
provider as approved by a registration agency;
``(L) a Job Corps center, as defined in section 142
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3192); or
``(M) a consortium of entities described in any of
subparagraphs (A) through (L).
``(5) Eligible entity.--
``(A) In general.--The term `eligible entity'
means--
``(i) a program sponsor;
``(ii) a State workforce development board
or State workforce agency, or a local workforce
development board or local workforce
development agency;
``(iii) an education and training provider;
``(iv) if the applicant is in a State with
a State apprenticeship agency, such State
apprenticeship agency;
``(v) an Indian Tribe or Tribal
organization;
``(vi) an industry or sector partnership, a
group of employers, a trade association, or a
professional association that sponsors or
participates in a program under the national
apprenticeship system;
``(vii) a Governor of a State;
``(viii) a labor organization or joint
labor-management organization; or
``(ix) a qualified intermediary.
``(B) Sponsor requirement.--Not fewer than 1 entity
described in subparagraph (A) shall be the sponsor of a
program under the national apprenticeship system.
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(7) Local educational agency; secondary school.--The
terms `local educational agency' and `secondary school' have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(8) Local workforce development board.--The term `local
workforce development board' has the meaning given the term
`local board' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(9) Nonprofit organization.--The term `nonprofit
organization' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code.
``(10) Provider of adult education.--The term `provider of
adult education' has the meaning given the term `eligible
provider' in section 203 of the Adult Education and Family
Literacy Act (29 U.S.C. 3272).
``(11) Related instruction.--The term `related instruction'
means an organized and systematic form of instruction designed
to provide an individual in an apprenticeship program with the
knowledge of the technical subjects related to the intended
occupation of the individual after completion of the program.
``(12) Sponsor.--The term `sponsor' means any person,
association, committee, or organization operating an
apprenticeship program and in whose name the program is, or is
to be, registered or approved.
``(13) State apprenticeship agency.--The term `State
apprenticeship agency' has the meaning given the term in
section 29.2 of title 29, Code of Federal Regulations, or any
corresponding similar regulation or ruling.
``(14) State workforce development board.--The term `State
workforce development board' has the meaning given the term
`State board' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(15) WIOA terms.--The terms `career planning',
`community-based organization', `economic development agency',
`industry or sector partnership', `on-the-job training',
`recognized postsecondary credential', and `workplace learning
advisor' have the meanings given those terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
``(16) Qualified intermediary.--
``(A) In general.--The term `qualified
intermediary' means an entity that demonstrates
expertise in building, connecting, sustaining, and
measuring the performance of partnerships described in
subparagraph (B) and serves program participants and
employers by--
``(i) connecting employers to programs
under the national apprenticeship system;
``(ii) assisting in the design and
implementation of such programs, including
curriculum development and delivery for related
instruction;
``(iii) supporting entities, sponsors, or
program administrators in meeting the
registration and reporting requirements of this
Act;
``(iv) providing professional development
activities such as training to mentors;
``(v) supporting the recruitment,
retention, and completion of potential program
participants, including nontraditional
apprenticeship populations and individuals with
barriers to employment;
``(vi) developing and providing
personalized program participant supports,
including by partnering with organizations to
provide access to or referrals for supportive
services and financial advising;
``(vii) providing services, resources, and
supports for development, delivery, expansion,
or improvement of programs under the national
apprenticeship system; or
``(viii) serving as a program sponsor.
``(B) Partnerships.--The term `partnerships
described in subparagraph (B)' means partnerships among
entities involved in, or applying to participate in,
programs under the national apprenticeship system,
including--
``(i) industry or sector partnerships;
``(ii) partnerships among employers, joint
labor-management organizations, labor
organizations, community-based organizations,
industry associations, State or local workforce
development boards, education and training
providers, social service organizations,
economic development organizations, Indian
Tribes or Tribal organizations, one-stop
operators, one-stop partners, or veterans
service organizations in the State workforce
development system; or
``(iii) partnerships among 1 or more of the
entities described in clauses (i) and (ii).
``(b) Establishment of Apprenticeship Programs.--Not later than 2
years after the date of enactment of this section, the Director may
establish 1 or more apprenticeship programs as described in subsection
(c).
``(c) Apprenticeship Programs Described.--An apprenticeship program
described in this subsection is an apprenticeship program that--
``(1) leads directly to employment in--
``(A) a cybersecurity work role with the Agency; or
``(B) a position with a company or other entity
provided that the position is--
``(i) certified by the Director as
contributing to the national cybersecurity of
the United States; and
``(ii) funded at least in majority part
through a contract, grant, or cooperative
agreement with the Agency;
``(2) is focused on competencies and related learning
necessary, as determined by the Director, to meet the immediate
and ongoing needs of cybersecurity work roles at the Agency;
and
``(3) is registered with and approved by the Office of
Apprenticeship of the Department of Labor or a State
apprenticeship agency pursuant to the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; 29 U.S.C.
50 et seq.).
``(d) Coordination.--In the development of an apprenticeships
program under this section, the Director shall consult with the
Secretary of Labor, the Director of the National Institute of Standards
and Technology, the Secretary of Defense, the Director of the National
Science Foundation, and the Director of the Office of Personnel
Management to leverage existing resources, research, communities of
practice, and frameworks for developing cybersecurity apprenticeship
programs.
``(e) Optional Use of Grants or Cooperative Agreements.--An
apprenticeship program under this section may include entering into a
contract or cooperative agreement with or making a grant to an eligible
entity if determined appropriate by the Director based on the eligible
entity--
``(1) demonstrating experience in implementing and
providing career planning and career pathways toward
apprenticeship programs;
``(2) having knowledge of cybersecurity workforce
development;
``(3) being eligible to enter into a contract or
cooperative agreement with or receive grant funds from the
Agency as described in this section;
``(4) providing students who complete the apprenticeship
program with a recognized postsecondary credential;
``(5) using related instruction that is specifically
aligned with the needs of the Agency and utilizes workplace
learning advisors and on-the-job training to the greatest
extent possible; and
``(6) demonstrating successful outcomes connecting
graduates of the apprenticeship program to careers relevant to
the program.
``(f) Applications.--If the Director enters into an arrangement as
described in subsection (e), an eligible entity seeking a contract,
cooperative agreement, or grant under the program shall submit to the
Director an application at such time, in such manner, and containing
such information as the Director may require.
``(g) Priority.--In selecting eligible entities to receive a
contract, grant, or cooperative agreement under this section, the
Director may prioritize an eligible entity that--
``(1) is a member of an industry or sector partnership;
``(2) provides related instruction for an apprenticeship
program through--
``(A) a local educational agency, a secondary
school, a provider of adult education, an area career
and technical education school, or an institution of
higher education; or
``(B) an apprenticeship program that was registered
with the Department of Labor or a State apprenticeship
agency before the date on which the eligible entity
applies for the grant under subsection (g);
``(3) works with the Secretary of Defense, the Secretary of
Veterans Affairs, or veterans organizations to transition
members of the Armed Forces and veterans to apprenticeship
programs in a relevant sector; or
``(4) plans to use the grant to carry out the
apprenticeship program with an entity that receives State
funding or is operated by a State agency.
``(h) Technical Assistance.--The Director shall provide technical
assistance to eligible entities to leverage the existing job training
and education programs of the Agency and other relevant programs at
appropriate Federal agencies.
``(i) Excepted Service.--Participants in the program may be entered
into cybersecurity-specific excepted service positions as determined
appropriate by the Director and authorized by section 2208.
``(j) Report.--
``(1) In general.--Not less than once every 2 years after
the establishment of an apprenticeship program under this
section, the Director shall submit to Congress a report on the
program, including--
``(A) a description of--
``(i) any activity carried out by the
Agency under this section;
``(ii) any entity that enters into a
contract or agreement with or receives a grant
from the Agency under subsection (e);
``(iii) any activity carried out using a
contract, agreement, or grant under this
section as described in subsection (e); and
``(iv) best practices used to leverage the
investment of the Federal Government under this
section; and
``(B) an assessment of the results achieved by the
program, including the rate of continued employment at
the Agency for participants after completing an
apprenticeship program carried out under this section.
``(k) Performance Reports.--Not later than 1 year after the
establishment of an apprenticeship program under this section, and
annually thereafter, the Director shall submit to Congress and the
Secretary of Labor a report on the effectiveness of the program based
on the accountability measures described in clauses (i) and (ii) of
section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141(b)(2)(A)).
``(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Agency such sums as necessary to carry out this
section.''.
SEC. 5903. PILOT PROGRAM ON CYBER TRAINING FOR VETERANS AND MEMBERS OF
THE ARMED FORCES TRANSITIONING TO CIVILIAN LIFE.
(a) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means an individual who is--
(A) a member of the Armed Forces transitioning from
service in the Armed Forces to civilian life; or
(B) a veteran.
(2) Portable credential.--The term ``portable
credential''--
(A) means a documented award by a responsible and
authorized entity that has determined that an
individual has achieved specific learning outcomes
relative to a given standard; and
(B) includes a degree, diploma, license,
certificate, badge, and professional or industry
certification that--
(i) has value locally and nationally in
labor markets, educational systems, or other
contexts;
(ii) is defined publicly in such a way that
allows educators, employers, and other
individuals and entities to understand and
verify the full set of skills represented by
the credential; and
(iii) enables a holder of the credential to
move vertically and horizontally within and
across training and education systems for the
attainment of other credentials.
(3) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 31, United States Code.
(4) Work-based learning.--The term ``work-based learning''
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Veterans Affairs shall
establish a pilot program under which the Secretary shall provide
cyber-specific training for eligible individuals.
(c) Elements.--The pilot program established under subsection (b)
shall incorporate--
(1) virtual platforms for coursework and training;
(2) hands-on skills labs and assessments;
(3) Federal work-based learning opportunities and programs;
and
(4) the provision of portable credentials to eligible
individuals who graduate from the pilot program.
(d) Alignment With NICE Workforce Framework for Cybersecurity.--The
pilot program established under subsection (b) shall align with the
taxonomy, including work roles and associated tasks, knowledge, and
skills, from the National Initiative for Cybersecurity Education
Workforce Framework for Cybersecurity (NIST Special Publication 800-
181), or any successor framework.
(e) Coordination.--
(1) Training, platforms, and frameworks.--In developing the
pilot program under subsection (b), the Secretary of Veterans
Affairs shall coordinate with the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of Labor, and the
Director of the Office of Personnel Management to evaluate and,
where possible, leverage existing training, platforms, and
frameworks of the Federal Government for providing cyber
education and training to prevent duplication of efforts.
(2) Federal work-based learning opportunities and
programs.--In developing the Federal work-based learning
opportunities and programs required under subsection (c)(3),
the Secretary of Veterans Affairs shall coordinate with the
Secretary of Defense, the Secretary of Homeland Security, the
Secretary of Labor, the Director of the Office of Personnel
Management, and the heads of other appropriate Federal agencies
to identify or create interagency opportunities that will
enable the pilot program established under subsection (b) to--
(A) bridge the gap between knowledge acquisition
and skills application for participants; and
(B) give participants the experience necessary to
pursue Federal employment.
(f) Resources.--
(1) In general.--In any case in which the pilot program
established under subsection (b)--
(A) uses a program of the Department of Veterans
Affairs or platforms and frameworks described in
subsection (e)(1), the Secretary of Veterans Affairs
shall take such actions as may be necessary to ensure
that those programs, platforms, and frameworks are
expanded and resourced to accommodate usage by eligible
individuals participating in the pilot program; or
(B) does not use a program of the Department of
Veterans Affairs or platforms and frameworks described
in subsection (e)(1), the Secretary of Veterans Affairs
shall take such actions as may be necessary to develop
or procure programs, platforms, and frameworks
necessary to carry out the requirements of subsection
(c) and accommodate the usage by eligible individuals
participating in the pilot program.
(2) Actions.--Actions described in paragraph (1) may
include providing additional funding, staff, or other resources
to--
(A) provide administrative support for basic
functions of the pilot program;
(B) ensure the success and ongoing engagement of
eligible individuals participating in the pilot
program;
(C) connect graduates of the pilot program to job
opportunities within the Federal Government; and
(D) allocate dedicated positions for term
employment to enable Federal work-based learning
opportunities and programs for participants to gain the
experience necessary to pursue permanent Federal
employment.
SEC. 5904. FEDERAL WORKFORCE ASSESSMENT EXTENSION.
Section 304(a) of the Federal Cybersecurity Workforce Assessment
Act of 2015 (5 U.S.C. 301 note) is amended, in the matter preceding
paragraph (1), by striking ``2022'' and inserting ``2025''.
SEC. 5905. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.
(a) Technical Amendments.--
(1) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(A) in the first section 2215 (6 U.S.C. 665;
relating to the duties and authorities relating to .gov
internet domain), by amending the section enumerator
and heading to read as follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(B) in the second section 2215 (6 U.S.C. 665b;
relating to the joint cyber planning office), by
amending the section enumerator and heading to read as
follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(C) in the third section 2215 (6 U.S.C. 665c;
relating to the Cybersecurity State Coordinator), by
amending the section enumerator and heading to read as
follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(D) in the fourth section 2215 (6 U.S.C. 665d;
relating to Sector Risk Management Agencies), by
amending the section enumerator and heading to read as
follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(E) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the
section enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(F) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by
amending the section enumerator and heading to read as
follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(2) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of 2002''
after ``Homeland Security Act''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by striking the items
relating to sections 2214 through 2217 and inserting the following new
items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. Apprenticeship program.''.
TITLE LX--SAUDI ARABIA ACCOUNTABILITY FOR GROSS VIOLATIONS OF HUMAN
RIGHTS ACT
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Saudi Arabia Accountability for
Gross Violations of Human Rights Act''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) On October 2, 2018, Washington Post journalist Jamal
Khashoggi was murdered by Saudi Government agents in Istanbul.
(2) According to the United Nations Special Rapporteur's
June 2019 report, Mr. Khashoggi contacted the Saudi Embassy in
Washington regarding required documentation he needed to obtain
from Saudi authorities and ``was told to obtain the document
from the Saudi embassy in Turkey''.
(3) According to press reports, Mr. Khashoggi's associates
were surveilled after having their phones infiltrated by
spyware.
(4) On July 15, 2019, the House of Representatives passed
by a margin of 405-7 the Saudi Arabia Human Rights and
Accountability Act of 2019 (H.R. 2037), which required--
(A) an unclassified report by the Director of
National Intelligence on parties responsible for
Khashoggi's murder, a requirement ultimately inserted
into and passed as part of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92);
(B) visa sanctions on all persons identified in
such report; and
(C) a report on human rights in Saudi Arabia.
(5) On February 26, 2021, the Director of National
Intelligence released the report produced pursuant to
congressional direction, which stated, ``we assess that Saudi
Arabia's Crown Prince Muhammad bin Salman approved an operation
in Istanbul, Turkey to capture or kill Saudi journalist Jamal
Khashoggi.''. The report also identified several individuals
who ``participated in, ordered, or were otherwise complicit in
or responsible for the death of Jamal Khashoggi on behalf of
Muhammad bin Salman. We do not know whether these individuals
knew in advance that the operation would result in Khashoggi's
death.''.
(6) Section 7031(c) of division K of the Consolidated
Appropriations Act, 2021 states ``Officials of foreign
governments and their immediate family members about whom the
Secretary of State has credible information have been involved,
directly or indirectly, in. . .a gross violation of human
rights. . . shall be ineligible for entry into the United
States.''.
(7) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) provides that no letters of offer may be issued, no
credits or guarantees may be extended, and no export licenses
may be issued with respect to any country determined by the
President to be engaged in a ``consistent pattern of acts of
intimidation or harassment directed against individuals in the
United States''.
(8) Section 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2304) directs the President to formulate and conduct
international security assistance programs of the United States
in a manner which will ``promote and advance human rights and
avoid identification of the United States, through such
programs, with governments which deny to their people
internationally recognized human rights and fundamental
freedoms, in violation of international law or in contravention
of the policy of the United States''.
(9) Secretary of State Antony Blinken on February 26, 2021,
stated: ``As a matter of safety for all within our borders,
perpetrators targeting perceived dissidents on behalf of any
foreign government should not be permitted to reach American
soil. . . We have made absolutely clear that extraterritorial
threats and assaults by Saudi Arabia against activists,
dissidents, and journalists must end.''.
SEC. 6003. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LISTED IN THE
REPORT OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE
MURDER OF JAMAL KHASHOGGI.
(a) Imposition of Sanctions.--On and after the date that is 60 days
after the date of the enactment of this Act, the sanctions described in
subsection (b) shall be imposed with respect to each foreign person
listed in the Office of the Director of National Intelligence report
titled ``Assessing the Saudi Government's Role in the Killing of Jamal
Khashoggi'', dated February 11, 2021.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Ineligibility for visas and admission to the
united states.--
(i) Inadmissibility to the United States.
(ii) Ineligibility to receive a visa or
other documentation to enter the United States.
(iii) Ineligibility to otherwise be
admitted or paroled into the United States or
to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 110et
seq.).
(B) Current visas revoked.--
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(2) Exception to comply with international obligations.--
Sanctions under paragraph (1) shall not apply with respect to a
foreign person if admitting or paroling the person into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(3) Waiver in the interest of national security.--The
President may waive for an individual entry into the United
States the application of this section with respect to a
foreign person who is A-1 visa eligible and who is present in
or seeking admission into the United States for purposes of
official business if the President determines and transmits to
the appropriate congressional committees an unclassified
written notice and justification not later than 15 days before
the granting of such waiver, that such a waiver is in the
national security interests of the United States.
(c) Suspension of Sanctions.--
(1) In general.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under this
section if the President certifies to the appropriate
congressional committees that the following criteria have been
met in Saudi Arabia:
(A) The Government of Saudi Arabia is not
arbitrarily detaining citizens or legal residents of
the United States for arbitrary political reasons,
including criticism of Saudi government policies,
peaceful advocacy of political beliefs, or the pursuit
of United States citizenship.
(B) The Government of Saudi Arabia is cooperating
in outstanding criminal proceedings in the United
States in which a Saudi citizen or national departed
from the United States while the citizen or national
was awaiting trial or sentencing for a criminal offense
committed in the United States.
(C) The Government of Saudi Arabia has made
significant numerical reductions in individuals
detained for peaceful political reasons, including
activists, journalists, bloggers, lawyers, or critics.
(D) The Government of Saudi Arabia has disbanded
any units of its intelligence or security apparatus
dedicated to the forced repatriation of dissidents or
critical voices in other countries.
(E) The Government of Saudi Arabia has made
meaningful public commitments to uphold internationally
recognized standards governing the use, sale, and
transfer of digital surveillance items and services
that can be used to abuse human rights.
(F) The Government of Saudi Arabia has instituted
meaningful legal reforms to protect the rights of
women, the rights of freedom of expression and
religion, and due process in its judicial system.
(2) Report.--Accompanying the certification described in
paragraph (1), the President shall submit to the appropriate
congressional committees a report that contains a detailed
description of Saudi Arabia's adherence to the criteria
described in the certification.
(d) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate.
(3) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act), except that such term does not
include an entity (as such term is described in such section).
(4) Foreign person who is a-1 visa eligible.--The term
``foreign person who is A-1 visa eligible'' means an alien
described in section 101(a)(15)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 6004. REPORT ON INTIMIDATION OR HARASSMENT DIRECTED AGAINST
INDIVIDUALS IN THE UNITED STATES AND OTHER MATTERS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
in consultation with the Director of National Intelligence and the
Director of the Federal Bureau of Investigation, shall submit to the
appropriate congressional committees a report identifying any entities,
instrumentalities, or agents of the Government of Saudi Arabia engaged
in ``a consistent pattern of acts of intimidation or harassment
directed against individuals in the United States'' pursuant to section
6 of the Arms Export Control Act (22 U.S.C. 2756).
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A detailed description of such acts in the preceding
period.
(2) A certification of whether such acts during the
preceding period constitute a ``consistent pattern of acts of
intimidation or harassment directed against individuals in the
United States'' pursuant to section 6 of the Arms Export
Control Act (22 U.S.C. 2756).
(3) A determination of whether any United States-origin
defense articles were used in the commission of such acts.
(4) A determination of whether entities, instrumentalities,
or agents of the Government of Saudi Arabia supported or
received support from foreign governments, including China, in
the commission of such acts.
(5) Any actions taken by the United States Government to
deter incidents of intimidation or harassment directed against
individuals in the United States.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
(d) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate.
SEC. 6005. REPORT ON EFFORTS TO UPHOLD HUMAN RIGHTS IN UNITED STATES
SECURITY ASSISTANCE PROGRAMS WITH THE GOVERNMENT OF SAUDI
ARABIA.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representative and the Committee on Foreign
Relations of the Senate a report on efforts of the Department of State
to ensure that United States security assistance programs with Saudi
Arabia are formulated in a manner that will ``avoid identification of
the United States, through such programs, with governments which deny
to their people internationally recognized human rights and fundamental
freedoms'' in accordance with section 502B of the Foreign Assistance
Act (22 U.S.C. 2304).
SEC. 6006. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN PERSONS ON
THE MURDER OF JAMAL KHASHOGGI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
heads of appropriate agencies, shall submit to the appropriate
congressional committees a report on private, commercial, and
nongovernmental entities, including non-profit foundations, controlled
in whole or in part by any foreign person named in the Office of the
Director of National Intelligence report titled ``Assessing the Saudi
Government's Role in the Killing of Jamal Khashoggi'', dated February
11, 2021.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of such entities.
(2) A detailed assessment, based in part on credible open
sources and other publicly-available information, of the roles,
if any, such entities played in the murder of Jamal Khashoggi
or any other gross violations of internationally recognized
human rights.
(3) A certification of whether any such entity is subject
to sanctions pursuant to the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note).
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
TITLE LXI--PREVENTING FUTURE PANDEMICS
SEC. 6101. WILDLIFE MARKET DEFINED.
In this Act, the term ``wildlife market''--
(1) means a commercial market that--
(A) sells or slaughters terrestrial, including
avian, wildlife for human consumption as food or
medicine, whether the animals originated in the wild or
in a captive environment; and
(B) delivers a product in communities where
alternative nutritional or protein sources are
available; and
(2) does not include markets in areas where no other
practical alternative sources of protein or meat exists, such
as wildlife markets in rural areas on which indigenous people
rely to feed themselves and their families.
SEC. 6102. INTERNATIONAL COOPERATION.
(a) Sense of Congress.--It is the sense of Congress that global
institutions, including the Food and Agriculture Organization of the
United Nations (FAO), the World Organisation for Animal Health (OIE),
and the World Health Organization (WHO), together with leading
nongovernmental organizations, veterinary colleges, and the United
States Agency for International Development (USAID), should promote the
paradigm of One Health--the integration of human health, animal health,
agriculture, ecosystems, and the environment as an effective and
integrated way to address the complexity of emerging disease threats.
(b) Statement of Policy.--It is the policy of the United States to
facilitate international cooperation by working with international
partners and through intergovernmental, international, and
nongovernmental organizations such as the United Nations to--
(1) lead a resolution at the United Nations Security
Council or General Assembly and World Health Assembly outlining
the danger to human and animal health from emerging zoonotic
infectious diseases, with recommendations for implementing the
worldwide closure of wildlife markets and the ending of the
associated commercial trade of terrestrial wildlife that feed
and supply those markets, except for in such countries or
regions where the consumption of wildlife is necessary for
local food security or where such actions would significantly
disrupt a readily available and irreplaceable food supply;
(2) work with governments through existing treaties and the
United Nations to develop a new protocol or agreement, and
amend existing protocols or agreements, regarding stopping
deforestation and other ecosystem destruction, closing
commercial wildlife markets for human consumption, and end the
associated commercial trade of terrestrial wildlife that feed
and supply those markets while ensuring full consideration to
the needs and rights of indigenous peoples and local
communities that are dependent on wildlife for their food
security, national sovereignty, and local laws and customs;
(3) disrupt and ultimately end the commercial international
trade in terrestrial wildlife associated with wildlife markets
and eliminate commercial wildlife markets;
(4) disrupt and ultimately eliminate wildlife trafficking
associated with the operation of wildlife markets;
(5) raise awareness on the dangerous potential of wildlife
markets as a source of zoonotic diseases such as the novel
coronavirus that causes the disease COVID-19 and reduce demand
for the consumption of wildlife through evidence-based behavior
change programs while ensuring that existing wildlife habitat
is not encroached upon or destroyed as part of this process;
(6) encourage and support alternate forms of food
production, farming, and shifts to domestic animal- or plant-
source foods instead of terrestrial wildlife where able and
appropriate, and reduce consumer demand for terrestrial
wildlife through enhanced local and national food systems,
especially in areas where wildlife markets play a significant
role in meeting subsistence needs while ensuring that existing
wildlife habitat is not encroached upon or destroyed as part of
this process; and
(7) strive to increase hygienic standards implemented in
markets around the globe, especially those specializing in the
sale of products intended for human consumption.
(c) Activities.--
(1) Global prohibitions and enforcement.--The United States
Government, working through the United Nations and its
components, as well as international organization such as
Interpol and the World Organisation for Animal Health, and in
furtherance of the policies described in subsection (b),
shall--
(A) collaboratively with other member states, issue
declarations, statements, and communiques urging a
global ban on commercial wildlife markets and trade for
human consumption; and
(B) urge increased enforcement of existing laws to
end wildlife trafficking.
(2) International coalitions.--The Secretary of State shall
seek to build international coalitions focused on ending
commercial wildlife markets for human consumption and
associated wildlife trade which feeds and supplies said
markets, with a focus on the following efforts:
(A) Providing assistance and advice to other
governments in the adoption of legislation and
regulations to close wildlife markets and trade for
human consumption.
(B) Creating economic pressure on wildlife markets
and their supply chains to prevent their operation.
(C) Providing assistance and guidance to other
governments to prohibit the import, export, and
domestic trade of live terrestrial wildlife for the
purpose of human consumption.
(D) Engaging and receiving guidance from key
stakeholders at the ministerial, local government, and
civil society level in countries that will be impacted
by this Act and where wildlife markets and associated
wildlife trafficking is the predominant source of meat
or protein, in order to mitigate the impact of any
international efforts on local customs, conservation
methods, or cultural norms.
(d) United States Agency for International Development.--
(1) Sustainable food systems funding.--
(A) Authorization of appropriations.--In addition
to any other amounts provided for such purposes, there
is authorized to be appropriated $300,000,000 for each
fiscal year from 2021 through 2030 to the United States
Agency for International Development to reduce demand
for consumption of wildlife from wildlife markets and
support shifts to diversified alternative sources of
food and protein in communities that rely upon the
consumption of wildlife for food security while
ensuring that existing wildlife habitat is not
encroached upon or destroyed as part of this process.
(B) Activities.--The Bureau for Economic Growth,
Education, and Environment, the Bureau for Resilience
and Food Security, and the Bureau for Global Health of
the United States Agency for International Development
shall, in partnership with United States institutions
of higher education and nongovernmental organizations,
co-develop approaches focused on safe, sustainable food
systems that support and incentivize the replacement of
terrestrial wildlife in diets while ensuring that
existing wildlife habitat is not encroached upon or
destroyed as part of this process.
(2) Addressing threats and causes of zoonotic disease
outbreaks.--The Administrator of the United States Agency for
International Development shall increase activities in USAID
programs related to biodiversity, wildlife trafficking,
sustainable landscape, global health, food security, and
resilience in order to address the threats and causes of
zoonotic disease outbreaks, including through--
(A) education;
(B) capacity building;
(C) strengthening human health surveillance systems
for emergence of zoonotic disease, and strengthening
cross-sectoral collaboration to align risk reduction
approaches;
(D) improved domestic and wild animal disease
surveillance and control at production and market
levels;
(E) development of alternative livelihood
opportunities where possible;
(F) conservation of intact ecosystems and reduction
of fragmentation and conversion of natural habitats to
prevent the creation of new pathways for zoonotic
disease transmission;
(G) minimizing interactions between domestic
livestock and wild animals in markets and captive
production; and
(H) supporting shifts from wildlife markets to
diversified, safe, affordable, and accessible protein
such as domestic animal- and plant-source foods through
enhanced local and national food systems while ensuring
that existing wildlife habitat is not encroached upon
or destroyed as part of this process.
(3) Immediate relief funding to stabilize protected
areas.--The Administrator of the United States Agency for
International Development shall administer immediate relief
funding to stabilize protected areas and conservancies.
(e) Staffing Requirements.--
(1) Office of terrorism and financial intelligence.--The
Under Secretary of the Treasury for Terrorism and Financial
Intelligence is encouraged to hire additional investigators to
bolster capacity for investigations focused on individuals
engaged in the activities described in subsection (c).
(2) United states agency for international development.--
The Administrator of the United States Agency for International
Development, in collaboration with the United States Fish and
Wildlife Service, the United States Department of Agriculture
Animal and Plant Health Inspection Service, and other Federal
entities as appropriate, is authorized to hire additional
personnel--
(A) to undertake programs aimed at reducing the
risks of endemic and emerging infectious diseases and
exposure to antimicrobial resistant pathogens;
(B) to provide administrative support and resources
to ensure effective and efficient coordination of
funding opportunities and sharing of expertise from
relevant USAID bureaus and programs, including emerging
pandemic threats;
(C) to award funding to on-the-ground projects;
(D) to provide project oversight to ensure
accountability and transparency in all phases of the
award process; and
(E) to undertake additional activities under this
Act.
(f) Reporting Requirements.--
(1) Department of state.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
until 2030, the Secretary of State shall submit to the
appropriate congressional committees a report describing--
(A) the actions taken pursuant to this Act;
(B) the impact and effectiveness of international
cooperation on ending the use and operation of wildlife
markets;
(C) the impact and effectiveness of international
cooperation on ending wildlife trafficking associated
with wildlife markets; and
(D) the impact and effectiveness of international
cooperation on ending the international trade in live
terrestrial wildlife for human consumption as food or
medicine.
(2) United states agency for international development.--
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report--
(A) describing the actions taken pursuant to this
Act;
(B) describing the impact and effectiveness of
reducing demand for consumption of wildlife and
associated wildlife markets;
(C) summarizing additional personnel hired with
funding authorized under this Act, including the number
hired in each bureau; and
(D) describing partnerships developed with other
institutions of higher learning and nongovernmental
organizations.
TITLE LXII--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
SEC. 6201. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with respect
to leader development and employee
engagement,'' after ``policies'';
(ii) by striking ``and in line'' and
inserting ``, in line''; and
(iii) by inserting ``and informed by best
practices within the Federal Government and the
private sector,'' after ``priorities,'';
(B) in paragraph (2), by striking ``develop
performance measures to provide a basis for monitoring
and evaluating'' and inserting ``use performance
measures to evaluate, on an ongoing basis,'';
(C) in paragraph (3), by inserting ``that, to the
extent practicable, are informed by employee feedback''
after ``policies'';
(D) in paragraph (4), by inserting ``including
leader development and employee engagement programs,''
before ``in coordination'';
(E) in paragraph (5), by inserting before the
semicolon at the end the following: ``that is informed
by an assessment, carried out by the Chief Human
Capital Officer, of the learning and developmental
needs of employees in supervisory and nonsupervisory
roles across the Department and appropriate workforce
planning initiatives'';
(F) by redesignating paragraphs (9) and (10) as
paragraphs (13) and (14), respectively; and
(G) by inserting after paragraph (8) the following
new paragraphs:
``(9) maintain a catalogue of available employee
development opportunities, including the Homeland Security
Rotation Program pursuant to section 844, departmental
leadership development programs, interagency development
programs, and other rotational programs;
``(10) ensure that employee discipline and adverse action
programs comply with the requirements of all pertinent laws,
rules, regulations, and Federal guidance, and ensure due
process for employees;
``(11) analyze each Department or Government-wide Federal
workforce satisfaction or morale survey not later than 90 days
after the date of the publication of each such survey and
submit to the Secretary such analysis, including, as
appropriate, recommendations to improve workforce satisfaction
or morale within the Department;
``(12) review and approve all component employee engagement
action plans to ensure such plans include initiatives
responsive to the root cause of employee engagement challenges,
as well as outcome-based performance measures and targets to
track the progress of such initiatives;'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Chief Learning and Engagement Officer.--The Chief Human
Capital Officer may designate an employee of the Department to serve as
a Chief Learning and Engagement Officer to assist the Chief Human
Capital Officer in carrying out this section.''; and
(4) in subsection (e), as so redesignated--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(2) information on employee development opportunities
catalogued pursuant to paragraph (9) of subsection (b) and any
available data on participation rates, attrition rates, and
impacts on retention and employee satisfaction;
``(3) information on the progress of Departmentwide
strategic workforce planning efforts as determined under
paragraph (2) of subsection (b);
``(4) information on the activities of the steering
committee established pursuant to section 711(a), including the
number of meetings, types of materials developed and
distributed, and recommendations made to the Secretary;''.
SEC. 6202. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 711. EMPLOYEE ENGAGEMENT.
``(a) Steering Committee.--Not later than 120 days after the date
of the enactment of this section, the Secretary shall establish an
employee engagement steering committee, including representatives from
operational components, headquarters, and field personnel, including
supervisory and nonsupervisory personnel, and employee labor
organizations that represent Department employees, and chaired by the
Under Secretary for Management, to carry out the following activities:
``(1) Identify factors that have a negative impact on
employee engagement, morale, and communications within the
Department, such as perceptions about limitations on career
progression, mobility, or development opportunities, collected
through employee feedback platforms, including through annual
employee surveys, questionnaires, and other communications, as
appropriate.
``(2) Identify, develop, and distribute initiatives and
best practices to improve employee engagement, morale, and
communications within the Department, including through annual
employee surveys, questionnaires, and other communications, as
appropriate.
``(3) Monitor efforts of each component to address employee
engagement, morale, and communications based on employee
feedback provided through annual employee surveys,
questionnaires, and other communications, as appropriate.
``(4) Advise the Secretary on efforts to improve employee
engagement, morale, and communications within specific
components and across the Department.
``(5) Conduct regular meetings and report, not less than
once per quarter, to the Under Secretary for Management, the
head of each component, and the Secretary on Departmentwide
efforts to improve employee engagement, morale, and
communications.
``(b) Action Plan; Reporting.--The Secretary, acting through the
Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the employee engagement steering committee
under subsection (a), issue a Departmentwide employee
engagement action plan, reflecting input from the steering
committee and employee feedback provided through annual
employee surveys, questionnaires, and other communications in
accordance with paragraph (1) of such subsection, to execute
strategies to improve employee engagement, morale, and
communications within the Department; and
``(2) require the head of each component to--
``(A) develop and implement a component-specific
employee engagement plan to advance the action plan
required under paragraph (1) that includes performance
measures and objectives, is informed by employee
feedback provided through annual employee surveys,
questionnaires, and other communications, as
appropriate, and sets forth how employees and, where
applicable, their labor representatives are to be
integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such
action plan; and
``(C) provide to the Chief Human Capital Officer
and the steering committee quarterly reports on actions
planned and progress made under this paragraph.
``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the steering committee and its
subcommittees.
``(d) Termination.--This section shall terminate on the date that
is five years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 710 the following new item:
``Sec. 711. Employee engagement.''.
(c) Submissions to Congress.--
(1) Departmentwide employee engagement action plan.--The
Secretary of Homeland Security, acting through the Chief Human
Capital Officer of the Department of Homeland Security, shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the Departmentwide employee
engagement action plan required under subsection (b)(1) of
section 711 of the Homeland Security Act of 2002 (as added by
subsection (a) of this section) not later than 30 days after
the issuance of such plan under such subsection (b)(1).
(2) Component-specific employee engagement plans.--Each
head of a component of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the component-specific
employee engagement plan of each such component required under
subsection (b)(2) of section 711 of the Homeland Security Act
of 2002 not later than 30 days after the issuance of each such
plan under such subsection (b)(2).
SEC. 6203. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by section 5302 of this Act, is further
amended by adding at the end the following new section:
``SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.
``(a) In General.--The Secretary may establish an annual employee
award program to recognize Department employees or groups of employees
for significant contributions to the achievement of the Department's
goals and missions. If such a program is established, the Secretary
shall--
``(1) establish within such program categories of awards,
each with specific criteria, that emphasize honoring employees
who are at the nonsupervisory level;
``(2) publicize within the Department how any employee or
group of employees may be nominated for an award;
``(3) establish an internal review board comprised of
representatives from Department components, headquarters, and
field personnel to submit to the Secretary award
recommendations regarding specific employees or groups of
employees;
``(4) select recipients from the pool of nominees submitted
by the internal review board under paragraph (3) and convene a
ceremony at which employees or groups of employees receive such
awards from the Secretary; and
``(5) publicize such program within the Department.
``(b) Internal Review Board.--The internal review board described
in subsection (a)(3) shall, when carrying out its function under such
subsection, consult with representatives from operational components
and headquarters, including supervisory and nonsupervisory personnel,
and employee labor organizations that represent Department employees.
``(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to carry out the requirements
of this section or to require the Secretary to provide monetary bonuses
to recipients of an award under this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 6302 of this
Act, is further amended by inserting after the item relating to section
711 the following new item:
``Sec. 712. Annual employee award program.''.
SEC. 6204. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall investigate whether the application in the Department of Homeland
Security of discipline and adverse actions are administered in an
equitable and consistent manner that results in the same or
substantially similar disciplinary outcomes across the Department for
misconduct by a nonsupervisory or supervisor employee who engaged in
the same or substantially similar misconduct.
(b) Consultation.--In carrying out the investigation described in
subsection (a), the Comptroller General of the United States shall
consult with the Under Secretary for Management of the Department of
Homeland Security and the employee engagement steering committee
established pursuant to subsection (b)(1) of section 711 of the
Homeland Security Act of 2002 (as added by section 5302(a) of this
Act).
(c) Action by Under Secretary for Management.--Upon completion of
the investigation described in subsection (a), the Under Secretary for
Management of the Department of Homeland Security shall review the
findings and recommendations of such investigation and implement a
plan, in consultation with the employee engagement steering committee
established pursuant to subsection (b)(1) of section 711 of the
Homeland Security Act of 2002, to correct any relevant deficiencies
identified by the Comptroller General of the United States in such
investigation. The Under Secretary for Management shall direct the
employee engagement steering committee to review such plan to inform
committee activities and action plans authorized under such section
711.
SEC. 6205. IMPACTS OF SHUTDOWN.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall report to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate regarding the
direct and indirect impacts of the lapse in appropriations between
December 22, 2018, and January 25, 2019, on--
(1) Department of Homeland Security human resources
operations;
(2) the Department's ability to meet hiring benchmarks; and
(3) retention, attrition, and morale of Department
personnel.
SEC. 6206. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY
REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate advisory
committees established pursuant to section 871,
including the Homeland Security Advisory Council and
the Homeland Security Science and Technology Advisory
Committee, or otherwise established, including the
Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolon at the end
and inserting the following: ``, including any
resources identified from redundant, wasteful,
or unnecessary capabilities or capacities that
may be redirected to better support other
existing capabilities or capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of
the year'' and inserting ``60 days after the date of
the submission of the President's budget for the fiscal
year after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``,
as required under subsection (b)(2)'' before
the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a
description''; and
(II) by striking ``budget plan''
and inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) Records regarding the consultation carried
out pursuant to subsection (a)(3), including the
following:
``(i) All written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process.
``(ii) Information on how feedback received
by the Secretary informed each such quadrennial
homeland security review.
``(B) Information regarding the risk assessment
required pursuant to subsection (c)(2)(B), including
the following:
``(i) The risk model utilized to generate
such risk assessment.
``(ii) Information, including data used in
the risk model, utilized to generate such risk
assessment.
``(iii) Sources of information, including
other risk assessments, utilized to generate
such risk assessment.
``(iv) Information on assumptions, weighing
factors, and subjective judgments utilized to
generate such risk assessment, together with
information on the rationale or basis
thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the quadrennial homeland security review
that is the subject of such report were integrated into the acquisition
strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to a quadrennial homeland security review conducted
after December 31, 2021.
SEC. 6207. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER
PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by section 5304 of this Act, is further
amended by adding at the end the following new section:
``SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM.
``(a) Establishment.--There is established in the Department an
acquisition professional career program to develop a cadre of
acquisition professionals within the Department.
``(b) Administration.--The Under Secretary for Management shall
administer the acquisition professional career program established
pursuant to subsection (a).
``(c) Program Requirements.--The Under Secretary for Management
shall carry out the following with respect to the acquisition
professional career program.
``(1) Designate the occupational series, grades, and number
of acquisition positions throughout the Department to be
included in the program and manage centrally such positions.
``(2) Establish and publish on the Department's website
eligibility criteria for candidates to participate in the
program.
``(3) Carry out recruitment efforts to attract candidates--
``(A) from institutions of higher education,
including such institutions with established
acquisition specialties and courses of study,
historically Black colleges and universities, and
Hispanic-serving institutions;
``(B) with diverse work experience outside of the
Federal Government; or
``(C) with military service.
``(4) Hire eligible candidates for designated positions
under the program.
``(5) Develop a structured program comprised of acquisition
training, on-the-job experience, Departmentwide rotations,
mentorship, shadowing, and other career development
opportunities for program participants.
``(6) Provide, beyond required training established for
program participants, additional specialized acquisition
training, including small business contracting and innovative
acquisition techniques training.
``(d) Reports.--Not later than December 31, 2021, and annually
thereafter through 2027, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the acquisition professional career program. Each such report shall
include the following information:
``(1) The number of candidates approved for the program.
``(2) The number of candidates who commenced participation
in the program, including generalized information on such
candidates' backgrounds with respect to education and prior
work experience, but not including personally identifiable
information.
``(3) A breakdown of the number of participants hired under
the program by type of acquisition position.
``(4) A list of Department components and offices that
participated in the program and information regarding length of
time of each program participant in each rotation at such
components or offices.
``(5) Program attrition rates and postprogram graduation
retention data, including information on how such data compare
to the prior year's data, as available.
``(6) The Department's recruiting efforts for the program.
``(7) The Department's efforts to promote retention of
program participants.
``(e) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given such term in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
``(2) Historically black colleges and universities.--The
term `historically Black colleges and universities' has the
meaning given the term `part B institution' in section 322(2)
of Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 5403 of this
Act, is further amended by inserting after the item relating to section
712 the following new item:
``Sec. 713. Acquisition professional career program.''.
SEC. 6208. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the laboratory
described in subsection (b) as an additional laboratory pursuant to the
authority under section 308(c)(2). Such laboratory shall be used to
test and evaluate emerging technologies and conduct research and
development to assist emergency response providers in preparing for,
and protecting against, threats of terrorism.
``(b) Laboratory Described.--The laboratory described in this
subsection is the laboratory--
``(1) known, as of the date of the enactment of this
section, as the National Urban Security Technology Laboratory;
and
``(2) transferred to the Department pursuant to section
303(1)(E).
``(c) Laboratory Activities.--The National Urban Security
Technology Laboratory shall--
``(1) conduct tests, evaluations, and assessments of
current and emerging technologies, including, as appropriate,
the cybersecurity of such technologies that can connect to the
internet, for emergency response providers;
``(2) act as a technical advisor to emergency response
providers; and
``(3) carry out other such activities as the Secretary
determines appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass Destruction Office
of the Department.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 5407 of this
Act, is further amended by inserting after the item relating to section
321 the following new item:
``Sec. 322. National Urban Security Technology Laboratory.''.
SEC. 6209. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN ENHANCEMENT.
Section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is
amended--
(1) in subsection (e)(6), by striking ``utilizing
resources,'' and inserting ``developing and utilizing, in
consultation with the Advisory Board established pursuant to
subsection (g), resources''; and
(2) by adding at the end the following new subsections:
``(f) Web-Based Training Programs.--To enhance training
opportunities, the Director of the Blue Campaign shall develop web-
based interactive training videos that utilize a learning management
system to provide online training opportunities that shall be made
available to the following individuals:
``(1) Federal, State, local, Tribal, and territorial law
enforcement officers.
``(2) Non-Federal correction system personnel.
``(3) Such other individuals as the Director determines
appropriate.
``(g) Blue Campaign Advisory Board.--
``(1) In general.--The Secretary shall establish within the
Department a Blue Campaign Advisory Board and shall assign to
such Board a representative from each of the following
components:
``(A) The Transportation Security Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs Enforcement.
``(D) The Federal Law Enforcement Training Center.
``(E) The United States Secret Service.
``(F) The Office for Civil Rights and Civil
Liberties.
``(G) The Privacy Office.
``(H) Any other components or offices the Secretary
determines appropriate.
``(2) Charter.--The Secretary is authorized to issue a
charter for the Board, and such charter shall specify the
following:
``(A) The Board's mission, goals, and scope of its
activities.
``(B) The duties of the Board's representatives.
``(C) The frequency of the Board's meetings.
``(3) Consultation.--The Director shall consult the Board
established pursuant to paragraph (1) regarding the following:
``(A) Recruitment tactics used by human traffickers
to inform the development of training and materials by
the Blue Campaign.
``(B) The development of effective awareness tools
for distribution to Federal and non-Federal officials
to identify and prevent instances of human trafficking.
``(C) Identification of additional persons or
entities that may be uniquely positioned to recognize
signs of human trafficking and the development of
materials for such persons.
``(4) Applicability.--The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to--
``(A) the Board; or
``(B) consultations under paragraph (2).
``(h) Consultation.--With regard to the development of programs
under the Blue Campaign and the implementation of such programs, the
Director is authorized to consult with State, local, Tribal, and
territorial agencies, nongovernmental organizations, private sector
organizations, and experts. Such consultation shall be exempt from the
Federal Advisory Committee Act (5 U.S.C. App.).''.
SEC. 6210. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890B. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a
mentor-protege program (in this section referred to as the `Program')
under which a mentor firm enters into an agreement with a protege firm
for the purpose of assisting the protege firm to compete for prime
contracts and subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria for
mentor firms and protege firms to be eligible to participate in the
Program, including a requirement that a firm is not included on any
list maintained by the Federal Government of contractors that have been
suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include each
of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the extent
available, the number and a brief description of each
anticipated subcontract to be awarded to the protege
firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of
participation in the Program.
``(C) An estimate of the costs to be incurred by
the mentor firm for providing assistance under the
Program.
``(D) Attestations that Program participants will
submit to the Secretary reports at times specified by
the Secretary to assist the Secretary in evaluating the
protege firm's developmental progress.
``(E) Attestations that Program participants will
inform the Secretary in the event of a change in
eligibility or voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office
of Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the
process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval of
an application under this subsection if it determines that such
action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved
under subsection (c) shall enter into an agreement to participate in
the Program for a period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter
into an agreement under subsection (d) may receive the following
Program benefits:
``(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
``(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for a
protege firm performing as a first-tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(f) Reporting.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the head of the Office
of Small and Disadvantaged Business Utilization shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Homeland Security and the Committee on Small Business of
the House of Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including the
number of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled
by veterans;
``(C) small business concerns owned and controlled
by service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled
by socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled
by women;
``(G) historically Black colleges and universities;
and
``(H) minority institutions of higher education;
``(2) describes the type of assistance provided by mentor
firms to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of
protege firms; and
``(B) an increase in the quantity and estimated
value of prime contract and subcontract awards to
protege firms for the period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the authority
of the Department to participate in any program carried out by or
requiring approval of the Small Business Administration or adopt or
follow any regulation or policy that the Administrator of the Small
Business Administration may promulgate, except that, to the extent that
any provision of this section (including subsection (h)) conflicts with
any other provision of law, regulation, or policy, this section shall
control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' means any of the
historically Black colleges and universities referred to in
section 2323 of title 10, United States Code, as in effect on
March 1, 2018.
``(2) Mentor firm.--The term `mentor firm' means a for-
profit business concern that is not a small business concern
that--
``(A) has the ability to assist and commits to
assisting a protege firm to compete for Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(3) Minority institution of higher education.--The term
`minority institution of higher education' means an institution
of higher education with a student body that reflects the
composition specified in section 312(b) of the Higher Education
Act of 1965 (20 U.S.C. 1058(b)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university,
or a minority institution of higher education that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and controlled
by veterans', `small business concern owned and controlled by
service-disabled veterans', `qualified HUBZone small business
concern', and `small business concern owned and controlled by
women' have the meanings given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632). The term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 5408 of this
Act, is further amended by inserting after the item relating to section
890A the following new item:
``Sec. 890B. Mentor-protege program.''.
SEC. 6211. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Subtitle C of title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following new section:
``SEC. 1932. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for the Department's employees and working animals in the
event of a chemical, biological, radiological, nuclear, or explosives
attack, naturally occurring disease outbreak, or pandemic, and to
support Department mission continuity.
``(b) Oversight.--The Chief Medical Officer of the Department shall
provide programmatic oversight of the medical countermeasures program
established pursuant to subsection (a), and shall--
``(1) develop Departmentwide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures in
strategic locations nationwide, based on threat and employee
density, in accordance with applicable Federal statutes and
regulations;
``(4) provide oversight and guidance regarding the
dispensing of stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic;
``(6) provide training to Department employees on medical
countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and offices of
the Department to ensure that medical countermeasures standards are
maintained and guidance is consistent.
``(d) Medical Countermeasures Management.--Not later than 120 days
after the date of the enactment of this section, the Chief Medical
Officer shall develop and submit to the Secretary an integrated
logistics support plan for medical countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and quantities
of medical countermeasures to stockpile under subsection (d), the Chief
Medical Officer shall utilize, if available--
``(1) Department chemical, biological, radiological, and
nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention guidance
on medical countermeasures.
``(f) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall submit to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate the plan
developed in accordance with subsection (d) and brief such Committees
regarding implementing the requirements of this section.
``(g) Definition.--In this section, the term `medical
countermeasures' means antibiotics, antivirals, radiological
countermeasures, and other countermeasures that may be deployed to
protect the Department's employees and working animals in the event of
a chemical, biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 5410 of this
Act, is further amended by inserting after the item relating to section
1931 the following new item:
``Sec. 1932. Medical countermeasures.''.
SEC. 6212. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.), as amended by section 5310 of this
Act, is further amended by adding at the end the following new section:
``SEC. 890C. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is
authorized to conduct research and development to--
``(A) identify United States critical domains for
economic security and homeland security; and
``(B) evaluate the extent to which disruption,
corruption, exploitation, or dysfunction of any of such
domain poses a substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The
research under paragraph (1) shall include a risk
analysis of each identified United States critical
domain for economic security to determine the degree to
which there exists a present or future threat to
homeland security in the event of disruption,
corruption, exploitation, or dysfunction to such
domain. Such research shall consider, to the extent
possible, the following:
``(i) The vulnerability and resilience of
relevant supply chains.
``(ii) Foreign production, processing, and
manufacturing methods.
``(iii) Influence of malign economic
actors.
``(iv) Asset ownership.
``(v) Relationships within the supply
chains of such domains.
``(vi) The degree to which the conditions
referred to in clauses (i) through (v) would
place such a domain at risk of disruption,
corruption, exploitation, or dysfunction.
``(B) Additional research into high-risk critical
domains.--Based on the identification and risk analysis
of United States critical domains for economic security
pursuant to paragraph (1) and subparagraph (A) of this
paragraph, respectively, the Secretary may conduct
additional research into those critical domains, or
specific elements thereof, with respect to which there
exists the highest degree of a present or future threat
to homeland security in the event of disruption,
corruption, exploitation, or dysfunction to such a
domain. For each such high-risk domain, or element
thereof, such research shall--
``(i) describe the underlying
infrastructure and processes;
``(ii) analyze present and projected
performance of industries that comprise or
support such domain;
``(iii) examine the extent to which the
supply chain of a product or service necessary
to such domain is concentrated, either through
a small number of sources, or if multiple
sources are concentrated in one geographic
area;
``(iv) examine the extent to which the
demand for supplies of goods and services of
such industries can be fulfilled by present and
projected performance of other industries,
identify strategies, plans, and potential
barriers to expand the supplier industrial
base, and identify the barriers to the
participation of such other industries;
``(v) consider each such domain's
performance capacities in stable economic
environments, adversarial supply conditions,
and under crisis economic constraints;
``(vi) identify and define needs and
requirements to establish supply resiliency
within each such domain; and
``(vii) consider the effects of sector
consolidation, including foreign consolidation,
either through mergers or acquisitions, or due
to recent geographic realignment, on such
industries' performances.
``(3) Consultation.--In conducting the research under
paragraph (1) and subparagraph (B) of paragraph (2), the
Secretary may consult with appropriate Federal agencies, State
agencies, and private sector stakeholders.
``(4) Publication.--Beginning one year after the date of
the enactment of this section, the Secretary shall publish a
report containing information relating to the research under
paragraph (1) and subparagraph (B) of paragraph (2), including
findings, evidence, analysis, and recommendations. Such report
shall be updated annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after the
publication of each report required under paragraph (4) of subsection
(a), the Secretary shall transmit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate each such report, together with
a description of actions the Secretary, in consultation with
appropriate Federal agencies, will undertake or has undertaken in
response to each such report.
``(c) Definitions.--In this section:
``(1) United states critical domains for economic
security.--The term `United States critical domains for
economic security' means the critical infrastructure and other
associated industries, technologies, and intellectual property,
or any combination thereof, that are essential to the economic
security of the United States.
``(2) Economic security.--The term `economic security'
means the condition of having secure and resilient domestic
production capacity, combined with reliable access to the
global resources necessary to maintain an acceptable standard
of living and to protect core national values.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 for each of fiscal years 2022 through 2026 to
carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 5411 of this
Act, is further amended by inserting after the item relating to section
890B the following new item:
``Sec. 890C. Homeland security critical domain research and
development.''.
Subtitle B--Cybersecurity
SEC. 6221. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.
(a) Technical Amendments.--
(1) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(A) in the first section 2215 (6 U.S.C. 665;
relating to the duties and authorities relating to .gov
internet domain), by amending the section enumerator
and heading to read as follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(B) in the second section 2215 (6 U.S.C. 665b;
relating to the joint cyber planning office), by
amending the section enumerator and heading to read as
follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(C) in the third section 2215 (6 U.S.C. 665c;
relating to the Cybersecurity State Coordinator), by
amending the section enumerator and heading to read as
follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(D) in the fourth section 2215 (6 U.S.C. 665d;
relating to Sector Risk Management Agencies), by
amending the section enumerator and heading to read as
follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(E) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the
section enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(F) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by
amending the section enumerator and heading to read as
follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(2) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of 2002''
after ``Homeland Security Act''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by striking the items
relating to sections 2214 through 2217 and inserting the following new
items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.''.
SEC. 6222. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 5321 of this
Act, is further amended by adding at the end the following new
sections:
``SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(2) Cybersecurity plan.--The term `Cybersecurity Plan'
means a plan submitted by an eligible entity under subsection
(e)(1).
``(3) Eligible entity.--The term `eligible entity' means--
``(A) a State; or
``(B) an Indian Tribe that, not later than 120 days
after the date of the enactment of this section or not
later than 120 days before the start of any fiscal year
in which a grant under this section is awarded--
``(i) notifies the Secretary that the
Indian Tribe intends to develop a Cybersecurity
Plan; and
``(ii) agrees to forfeit any distribution
under subsection (n)(2).
``(4) Incident.--The term `incident' has the meaning given
the term in section 2209.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4(e) of the of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(6) Information sharing and analysis organization.--The
term `information sharing and analysis organization' has the
meaning given the term in section 2222.
``(7) Information system.--The term `information system'
has the meaning given the term in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(8) Online service.--The term `online service' means any
internet-facing service, including a website, email, virtual
private network, or custom application.
``(9) Ransomware incident.--The term `ransomware incident'
means an incident that actually or imminently jeopardizes,
without lawful authority, the integrity, confidentiality, or
availability of information on an information system, or
actually or imminently jeopardizes, without lawful authority,
an information system for the purpose of coercing the
information system's owner, operator, or another person.
``(10) State and local cybersecurity grant program.--The
term `State and Local Cybersecurity Grant Program' means the
program established under subsection (b).
``(11) State and local cybersecurity resilience
committee.--The term `State and Local Cybersecurity Resilience
Committee' means the committee established under subsection
(o)(1).
``(12) Tribal organization.--The term `Tribal organization'
has the meaning given such term in section 4(l) of the of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(l)).
``(b) Establishment.--
``(1) In general.--The Secretary, acting through the
Director, shall establish a program, to be known as the `the
State and Local Cybersecurity Grant Program', to award grants
to eligible entities to address cybersecurity risks and
cybersecurity threats to information systems of State, local,
or Tribal organizations.
``(2) Application.--An eligible entity seeking a grant
under the State and Local Cybersecurity Grant Program shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(c) Baseline Requirements.--An eligible entity or multistate
group that receives a grant under this section shall use the grant in
compliance with--
``(1)(A) the Cybersecurity Plan of the eligible entity or
the Cybersecurity Plans of the eligible entities that comprise
the multistate group; and
``(B) the Homeland Security Strategy to Improve the
Cybersecurity of State, Local, Tribal, and Territorial
Governments developed under section 2210(e)(1); or
``(2) activities carried out under paragraphs (3), (4), and
(5) of subsection (h).
``(d) Administration.--The State and Local Cybersecurity Grant
Program shall be administered in the same office of the Department that
administers grants made under sections 2003 and 2004.
``(e) Cybersecurity Plans.--
``(1) In general.--An eligible entity applying for a grant
under this section shall submit to the Secretary a
Cybersecurity Plan for approval.
``(2) Required elements.--A Cybersecurity Plan of an
eligible entity shall--
``(A) incorporate, to the extent practicable, any
existing plans of the eligible entity to protect
against cybersecurity risks and cybersecurity threats
to information systems of State, local, or Tribal
organizations;
``(B) describe, to the extent practicable, how the
eligible entity will--
``(i) manage, monitor, and track
information systems, applications, and user
accounts owned or operated by or on behalf of
the eligible entity or by local or Tribal
organizations within the jurisdiction of the
eligible entity and the information technology
deployed on those information systems,
including legacy information systems and
information technology that are no longer
supported by the manufacturer of the systems or
technology;
``(ii) monitor, audit, and track activity
between information systems, applications, and
user accounts owned or operated by or on behalf
of the eligible entity or by local or Tribal
organizations within the jurisdiction of the
eligible entity and between those information
systems and information systems not owned or
operated by the eligible entity or by local or
Tribal organizations within the jurisdiction of
the eligible entity;
``(iii) enhance the preparation, response,
and resilience of information systems,
applications, and user accounts owned or
operated by or on behalf of the eligible entity
or local or Tribal organizations against
cybersecurity risks and cybersecurity threats;
``(iv) implement a process of continuous
cybersecurity vulnerability assessments and
threat mitigation practices prioritized by
degree of risk to address cybersecurity risks
and cybersecurity threats on information
systems of the eligible entity or local or
Tribal organizations;
``(v) ensure that State, local, and Tribal
organizations that own or operate information
systems that are located within the
jurisdiction of the eligible entity--
``(I) adopt best practices and
methodologies to enhance cybersecurity,
such as the practices set forth in the
cybersecurity framework developed by,
and the cyber supply chain risk
management best practices identified
by, the National Institute of Standards
and Technology; and
``(II) utilize knowledge bases of
adversary tools and tactics to assess
risk;
``(vi) promote the delivery of safe,
recognizable, and trustworthy online services
by State, local, and Tribal organizations,
including through the use of the .gov internet
domain;
``(vii) ensure continuity of operations of
the eligible entity and local, and Tribal
organizations in the event of a cybersecurity
incident (including a ransomware incident),
including by conducting exercises to practice
responding to such an incident;
``(viii) use the National Initiative for
Cybersecurity Education Cybersecurity Workforce
Framework developed by the National Institute
of Standards and Technology to identify and
mitigate any gaps in the cybersecurity
workforces of State, local, or Tribal
organizations, enhance recruitment and
retention efforts for such workforces, and
bolster the knowledge, skills, and abilities of
State, local, and Tribal organization personnel
to address cybersecurity risks and
cybersecurity threats, such as through
cybersecurity hygiene training;
``(ix) ensure continuity of communications
and data networks within the jurisdiction of
the eligible entity between the eligible entity
and local and Tribal organizations that own or
operate information systems within the
jurisdiction of the eligible entity in the
event of an incident involving such
communications or data networks within the
jurisdiction of the eligible entity;
``(x) assess and mitigate, to the greatest
degree possible, cybersecurity risks and
cybersecurity threats related to critical
infrastructure and key resources, the
degradation of which may impact the performance
of information systems within the jurisdiction
of the eligible entity;
``(xi) enhance capabilities to share cyber
threat indicators and related information
between the eligible entity and local and
Tribal organizations that own or operate
information systems within the jurisdiction of
the eligible entity, including by expanding
existing information-sharing agreements with
the Department;
``(xii) enhance the capability of the
eligible entity to share cyber threat indictors
and related information with the Department;
``(xiii) leverage cybersecurity services
offered by the Department;
``(xiv) develop and coordinate strategies
to address cybersecurity risks and
cybersecurity threats to information systems of
the eligible entity in consultation with--
``(I) local and Tribal
organizations within the jurisdiction
of the eligible entity; and
``(II) as applicable--
``(aa) States that neighbor
the jurisdiction of the
eligible entity or, as
appropriate, members of an
information sharing and
analysis organization; and
``(bb) countries that
neighbor the jurisdiction of
the eligible entity; and
``(xv) implement an information technology
and operational technology modernization
cybersecurity review process that ensures
alignment between information technology and
operational technology cybersecurity
objectives;
``(C) describe, to the extent practicable, the
individual responsibilities of the eligible entity and
local and Tribal organizations within the jurisdiction
of the eligible entity in implementing the plan;
``(D) outline, to the extent practicable, the
necessary resources and a timeline for implementing the
plan; and
``(E) describe how the eligible entity will measure
progress toward implementing the plan.
``(3) Discretionary elements.--A Cybersecurity Plan of an
eligible entity may include a description of--
``(A) cooperative programs developed by groups of
local and Tribal organizations within the jurisdiction
of the eligible entity to address cybersecurity risks
and cybersecurity threats; and
``(B) programs provided by the eligible entity to
support local and Tribal organizations and owners and
operators of critical infrastructure to address
cybersecurity risks and cybersecurity threats.
``(4) Management of funds.--An eligible entity applying for
a grant under this section shall agree to designate the Chief
Information Officer, the Chief Information Security Officer, or
an equivalent official of the eligible entity as the primary
official for the management and allocation of funds awarded
under this section.
``(f) Multistate Grants.--
``(1) In general.--The Secretary, acting through the
Director, may award grants under this section to a group of two
or more eligible entities to support multistate efforts to
address cybersecurity risks and cybersecurity threats to
information systems within the jurisdictions of the eligible
entities.
``(2) Satisfaction of other requirements.--In order to be
eligible for a multistate grant under this subsection, each
eligible entity that comprises a multistate group shall submit
to the Secretary--
``(A) a Cybersecurity Plan for approval in
accordance with subsection (i); and
``(B) a plan for establishing a cybersecurity
planning committee under subsection (g).
``(3) Application.--
``(A) In general.--A multistate group applying for
a multistate grant under paragraph (1) shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Multistate project description.--An
application of a multistate group under subparagraph
(A) shall include a plan describing--
``(i) the division of responsibilities
among the eligible entities that comprise the
multistate group for administering the grant
for which application is being made;
``(ii) the distribution of funding from
such a grant among the eligible entities that
comprise the multistate group; and
``(iii) how the eligible entities that
comprise the multistate group will work
together to implement the Cybersecurity Plan of
each of those eligible entities.
``(g) Planning Committees.--
``(1) In general.--An eligible entity that receives a grant
under this section shall establish a cybersecurity planning
committee to--
``(A) assist in the development, implementation,
and revision of the Cybersecurity Plan of the eligible
entity;
``(B) approve the Cybersecurity Plan of the
eligible entity; and
``(C) assist in the determination of effective
funding priorities for a grant under this section in
accordance with subsection (h).
``(2) Composition.--A committee of an eligible entity
established under paragraph (1) shall--
``(A) be comprised of representatives from the
eligible entity and counties, cities, towns, Tribes,
and public educational and health institutions within
the jurisdiction of the eligible entity; and
``(B) include, as appropriate, representatives of
rural, suburban, and high-population jurisdictions.
``(3) Cybersecurity expertise.--Not less than one-half of
the representatives of a committee established under paragraph
(1) shall have professional experience relating to
cybersecurity or information technology.
``(4) Rule of construction regarding existing planning
committees.--Nothing in this subsection may be construed to
require an eligible entity to establish a cybersecurity
planning committee if the eligible entity has established and
uses a multijurisdictional planning committee or commission
that meets, or may be leveraged to meet, the requirements of
this subsection.
``(h) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant to--
``(1) implement the Cybersecurity Plan of the eligible
entity;
``(2) develop or revise the Cybersecurity Plan of the
eligible entity; or
``(3) assist with activities that address imminent
cybersecurity risks or cybersecurity threats to the information
systems of the eligible entity or a local or Tribal
organization within the jurisdiction of the eligible entity.
``(i) Approval of Plans.--
``(1) Approval as condition of grant.--Before an eligible
entity may receive a grant under this section, the Secretary,
acting through the Director, shall review the Cybersecurity
Plan, or any revisions thereto, of the eligible entity and
approve such plan, or revised plan, if it satisfies the
requirements specified in paragraph (2).
``(2) Plan requirements.--In approving a Cybersecurity Plan
of an eligible entity under this subsection, the Director shall
ensure that the Cybersecurity Plan--
``(A) satisfies the requirements of subsection
(e)(2);
``(B) upon the issuance of the Homeland Security
Strategy to Improve the Cybersecurity of State, Local,
Tribal, and Territorial Governments authorized pursuant
to section 2210(e), complies, as appropriate, with the
goals and objectives of the strategy; and
``(C) has been approved by the cybersecurity
planning committee of the eligible entity established
under subsection (g).
``(3) Approval of revisions.--The Secretary, acting through
the Director, may approve revisions to a Cybersecurity Plan as
the Director determines appropriate.
``(4) Exception.--Notwithstanding subsection (e) and
paragraph (1) of this subsection, the Secretary may award a
grant under this section to an eligible entity that does not
submit a Cybersecurity Plan to the Secretary if--
``(A) the eligible entity certifies to the
Secretary that--
``(i) the activities that will be supported
by the grant are integral to the development of
the Cybersecurity Plan of the eligible entity;
and
``(ii) the eligible entity will submit by
September 30, 2023, to the Secretary, a
Cybersecurity Plan for review, and if
appropriate, approval; or
``(B) the eligible entity certifies to the
Secretary, and the Director confirms, that the eligible
entity will use funds from the grant to assist with the
activities described in subsection (h)(3).
``(j) Limitations on Uses of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this section may not use the grant--
``(A) to supplant State, local, or Tribal funds;
``(B) for any recipient cost-sharing contribution;
``(C) to pay a demand for ransom in an attempt to--
``(i) regain access to information or an
information system of the eligible entity or of
a local or Tribal organization within the
jurisdiction of the eligible entity; or
``(ii) prevent the disclosure of
information that has been removed without
authorization from an information system of the
eligible entity or of a local or Tribal
organization within the jurisdiction of the
eligible entity;
``(D) for recreational or social purposes; or
``(E) for any purpose that does not address
cybersecurity risks or cybersecurity threats on
information systems of the eligible entity or of a
local or Tribal organization within the jurisdiction of
the eligible entity.
``(2) Penalties.--In addition to any other remedy
available, the Secretary may take such actions as are necessary
to ensure that a recipient of a grant under this section uses
the grant for the purposes for which the grant is awarded.
``(3) Rule of construction.--Nothing in paragraph (1) may
be construed to prohibit the use of grant funds provided to a
State, local, or Tribal organization for otherwise permissible
uses under this section on the basis that a State, local, or
Tribal organization has previously used State, local, or Tribal
funds to support the same or similar uses.
``(k) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Secretary shall provide
applicants with a reasonable opportunity to correct defects, if any, in
such applications before making final awards.
``(l) Apportionment.--For fiscal year 2022 and each fiscal year
thereafter, the Secretary shall apportion amounts appropriated to carry
out this section among States as follows:
``(1) Baseline amount.--The Secretary shall first apportion
0.25 percent of such amounts to each of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, the United
States Virgin Islands, and 0.75 percent of such amounts to each
of the remaining States.
``(2) Remainder.--The Secretary shall apportion the
remainder of such amounts in the ratio that--
``(A) the population of each eligible entity, bears
to
``(B) the population of all eligible entities.
``(3) Minimum allocation to indian tribes.--
``(A) In general.--In apportioning amounts under
this section, the Secretary shall ensure that, for each
fiscal year, directly eligible Tribes collectively
receive, from amounts appropriated under the State and
Local Cybersecurity Grant Program, not less than an
amount equal to three percent of the total amount
appropriated for grants under this section.
``(B) Allocation.--Of the amount reserved under
subparagraph (A), funds shall be allocated in a manner
determined by the Secretary in consultation with Indian
Tribes.
``(C) Exception.--This paragraph shall not apply in
any fiscal year in which the Secretary--
``(i) receives fewer than five applications
from Indian Tribes; or
``(ii) does not approve at least two
applications from Indian Tribes.
``(m) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out using funds made available with a grant
under this section may not exceed--
``(A) in the case of a grant to an eligible
entity--
``(i) for fiscal year 2022, 90 percent;
``(ii) for fiscal year 2023, 80 percent;
``(iii) for fiscal year 2024, 70 percent;
``(iv) for fiscal year 2025, 60 percent;
and
``(v) for fiscal year 2026 and each
subsequent fiscal year, 50 percent; and
``(B) in the case of a grant to a multistate
group--
``(i) for fiscal year 2022, 95 percent;
``(ii) for fiscal year 2023, 85 percent;
``(iii) for fiscal year 2024, 75 percent;
``(iv) for fiscal year 2025, 65 percent;
and
``(v) for fiscal year 2026 and each
subsequent fiscal year, 55 percent.
``(2) Waiver.--The Secretary may waive or modify the
requirements of paragraph (1) for an Indian Tribe if the
Secretary determines such a waiver is in the public interest.
``(n) Responsibilities of Grantees.--
``(1) Certification.--Each eligible entity or multistate
group that receives a grant under this section shall certify to
the Secretary that the grant will be used--
``(A) for the purpose for which the grant is
awarded; and
``(B) in compliance with, as the case may be--
``(i) the Cybersecurity Plan of the
eligible entity;
``(ii) the Cybersecurity Plans of the
eligible entities that comprise the multistate
group; or
``(iii) a purpose approved by the Secretary
under subsection (h) or pursuant to an
exception under subsection (i).
``(2) Availability of funds to local and tribal
organizations.--Not later than 45 days after the date on which
an eligible entity or multistate group receives a grant under
this section, the eligible entity or multistate group shall,
without imposing unreasonable or unduly burdensome requirements
as a condition of receipt, obligate or otherwise make available
to local and Tribal organizations within the jurisdiction of
the eligible entity or the eligible entities that comprise the
multistate group, and as applicable, consistent with the
Cybersecurity Plan of the eligible entity or the Cybersecurity
Plans of the eligible entities that comprise the multistate
group--
``(A) not less than 80 percent of funds available
under the grant;
``(B) with the consent of the local and Tribal
organizations, items, services, capabilities, or
activities having a value of not less than 80 percent
of the amount of the grant; or
``(C) with the consent of the local and Tribal
organizations, grant funds combined with other items,
services, capabilities, or activities having the total
value of not less than 80 percent of the amount of the
grant.
``(3) Certifications regarding distribution of grant funds
to local and tribal organizations.--An eligible entity or
multistate group shall certify to the Secretary that the
eligible entity or multistate group has made the distribution
to local, Tribal, and territorial governments required under
paragraph (2).
``(4) Extension of period.--
``(A) In general.--An eligible entity or multistate
group may request in writing that the Secretary extend
the period of time specified in paragraph (2) for an
additional period of time.
``(B) Approval.--The Secretary may approve a
request for an extension under subparagraph (A) if the
Secretary determines the extension is necessary to
ensure that the obligation and expenditure of grant
funds align with the purpose of the State and Local
Cybersecurity Grant Program.
``(5) Exception.--Paragraph (2) shall not apply to the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
the United States Virgin Islands, or an Indian Tribe.
``(6) Direct funding.--If an eligible entity does not make
a distribution to a local or Tribal organization required in
accordance with paragraph (2), the local or Tribal organization
may petition the Secretary to request that grant funds be
provided directly to the local or Tribal organization.
``(7) Penalties.--In addition to other remedies available
to the Secretary, the Secretary may terminate or reduce the
amount of a grant awarded under this section to an eligible
entity or distribute grant funds previously awarded to such
eligible entity directly to the appropriate local or Tribal
organization as a replacement grant in an amount the Secretary
determines appropriate if such eligible entity violates a
requirement of this subsection.
``(o) Advisory Committee.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of this section, the Director shall establish
a State and Local Cybersecurity Resilience Committee to provide
State, local, and Tribal stakeholder expertise, situational
awareness, and recommendations to the Director, as appropriate,
regarding how to--
``(A) address cybersecurity risks and cybersecurity
threats to information systems of State, local, or
Tribal organizations; and
``(B) improve the ability of State, local, and
Tribal organizations to prevent, protect against,
respond to, mitigate, and recover from such
cybersecurity risks and cybersecurity threats.
``(2) Duties.--The committee established under paragraph
(1) shall--
``(A) submit to the Director recommendations that
may inform guidance for applicants for grants under
this section;
``(B) upon the request of the Director, provide to
the Director technical assistance to inform the review
of Cybersecurity Plans submitted by applicants for
grants under this section, and, as appropriate, submit
to the Director recommendations to improve those plans
prior to the approval of the plans under subsection
(i);
``(C) advise and provide to the Director input
regarding the Homeland Security Strategy to Improve
Cybersecurity for State, Local, Tribal, and Territorial
Governments required under section 2210;
``(D) upon the request of the Director, provide to
the Director recommendations, as appropriate, regarding
how to--
``(i) address cybersecurity risks and
cybersecurity threats on information systems of
State, local, or Tribal organizations; and
``(ii) improve the cybersecurity resilience
of State, local, or Tribal organizations; and
``(E) regularly coordinate with the State, Local,
Tribal and Territorial Government Coordinating Council,
within the Critical Infrastructure Partnership Advisory
Council, established under section 871.
``(3) Membership.--
``(A) Number and appointment.--The State and Local
Cybersecurity Resilience Committee established pursuant
to paragraph (1) shall be composed of 15 members
appointed by the Director, as follows:
``(i) Two individuals recommended to the
Director by the National Governors Association.
``(ii) Two individuals recommended to the
Director by the National Association of State
Chief Information Officers.
``(iii) One individual recommended to the
Director by the National Guard Bureau.
``(iv) Two individuals recommended to the
Director by the National Association of
Counties.
``(v) One individual recommended to the
Director by the National League of Cities.
``(vi) One individual recommended to the
Director by the United States Conference of
Mayors.
``(vii) One individual recommended to the
Director by the Multi-State Information Sharing
and Analysis Center.
``(viii) One individual recommended to the
Director by the National Congress of American
Indians.
``(viii) Four individuals who have
educational and professional experience
relating to cybersecurity work or cybersecurity
policy.
``(B) Terms.--
``(i) In general.--Subject to clause (ii),
each member of the State and Local
Cybersecurity Resilience Committee shall be
appointed for a term of two years.
``(ii) Requirement.--At least two members
of the State and Local Cybersecurity Resilience
Committee shall also be members of the State,
Local, Tribal and Territorial Government
Coordinating Council, within the Critical
Infrastructure Partnership Advisory Council,
established under section 871.
``(iii) Exception.--A term of a member of
the State and Local Cybersecurity Resilience
Committee shall be three years if the member is
appointed initially to the Committee upon the
establishment of the Committee.
``(iv) Term remainders.--Any member of the
State and Local Cybersecurity Resilience
Committee appointed to fill a vacancy occurring
before the expiration of the term for which the
member's predecessor was appointed shall be
appointed only for the remainder of such term.
A member may serve after the expiration of such
member's term until a successor has taken
office.
``(v) Vacancies.--A vacancy in the State
and Local Cybersecurity Resilience Committee
shall be filled in the manner in which the
original appointment was made.
``(C) Pay.--Members of the State and Local
Cybersecurity Resilience Committee shall serve without
pay.
``(4) Chairperson; vice chairperson.--The members of the
State and Local Cybersecurity Resilience Committee shall select
a chairperson and vice chairperson from among members of the
committee.
``(5) Permanent authority.--Notwithstanding section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.), the State
and Local Cybersecurity Resilience Committee shall be a
permanent authority.
``(p) Reports.--
``(1) Annual reports by grant recipients.--
``(A) In general.--Not later than one year after an
eligible entity or multistate group receives funds
under this section, the eligible entity or multistate
group shall submit to the Secretary a report on the
progress of the eligible entity or multistate group in
implementing the Cybersecurity Plan of the eligible
entity or Cybersecurity Plans of the eligible entities
that comprise the multistate group, as the case may be.
``(B) Absence of plan.--Not later than 180 days
after an eligible entity that does not have a
Cybersecurity Plan receives funds under this section
for developing its Cybersecurity Plan, the eligible
entity shall submit to the Secretary a report
describing how the eligible entity obligated and
expended grant funds during the fiscal year to--
``(i) so develop such a Cybersecurity Plan;
or
``(ii) assist with the activities described
in subsection (h)(3).
``(2) Annual reports to congress.--Not less frequently than
once per year, the Secretary, acting through the Director,
shall submit to Congress a report on the use of grants awarded
under this section and any progress made toward the following:
``(A) Achieving the objectives set forth in the
Homeland Security Strategy to Improve the Cybersecurity
of State, Local, Tribal, and Territorial Governments,
upon the date on which the strategy is issued under
section 2210.
``(B) Developing, implementing, or revising
Cybersecurity Plans.
``(C) Reducing cybersecurity risks and
cybersecurity threats to information systems,
applications, and user accounts owned or operated by or
on behalf of State, local, and Tribal organizations as
a result of the award of such grants.
``(q) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) for each of fiscal years 2022 through 2026,
$500,000,000; and
``(2) for each subsequent fiscal year, such sums as may be
necessary.
``SEC. 2220B. CYBERSECURITY RESOURCE GUIDE DEVELOPMENT FOR STATE,
LOCAL, TRIBAL, AND TERRITORIAL GOVERNMENT OFFICIALS.
``The Secretary, acting through the Director, shall develop,
regularly update, and maintain a resource guide for use by State,
local, Tribal, and territorial government officials, including law
enforcement officers, to help such officials identify, prepare for,
detect, protect against, respond to, and recover from cybersecurity
risks (as such term is defined in section 2209), cybersecurity threats,
and incidents (as such term is defined in section 2209).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 5413, is
further amended by inserting after the item relating to section 2220
the following new items:
``Sec. 2220A. State and Local Cybersecurity Grant Program.
``Sec. 2220B. Cybersecurity resource guide development for State,
local, Tribal, and territorial government
officials.''.
SEC. 6223. STRATEGY.
(a) Homeland Security Strategy To Improve the Cybersecurity of
State, Local, Tribal, and Territorial Governments.--Section 2210 of the
Homeland Security Act of 2002 (6 U.S.C. 660) is amended by adding at
the end the following new subsection:
``(e) Homeland Security Strategy To Improve the Cybersecurity of
State, Local, Tribal, and Territorial Governments.--
``(1) In general.--
``(A) Requirement.--Not later than one year after
the date of the enactment of this subsection, the
Secretary, acting through the Director, shall, in
coordination with the heads of appropriate Federal
agencies, State, local, Tribal, and territorial
governments, the State and Local Cybersecurity
Resilience Committee established under section 2220A,
and other stakeholders, as appropriate, develop and
make publicly available a Homeland Security Strategy to
Improve the Cybersecurity of State, Local, Tribal, and
Territorial Governments.
``(B) Recommendations and requirements.--The
strategy required under subparagraph (A) shall--
``(i) provide recommendations relating to
the ways in which the Federal Government should
support and promote the ability of State,
local, Tribal, and territorial governments to
identify, mitigate against, protect against,
detect, respond to, and recover from
cybersecurity risks (as such term is defined in
section 2209), cybersecurity threats, and
incidents (as such term is defined in section
2209); and
``(ii) establish baseline requirements for
cybersecurity plans under this section and
principles with which such plans shall align.
``(2) Contents.--The strategy required under paragraph (1)
shall--
``(A) identify capability gaps in the ability of
State, local, Tribal, and territorial governments to
identify, protect against, detect, respond to, and
recover from cybersecurity risks, cybersecurity
threats, incidents, and ransomware incidents;
``(B) identify Federal resources and capabilities
that are available or could be made available to State,
local, Tribal, and territorial governments to help
those governments identify, protect against, detect,
respond to, and recover from cybersecurity risks,
cybersecurity threats, incidents, and ransomware
incidents;
``(C) identify and assess the limitations of
Federal resources and capabilities available to State,
local, Tribal, and territorial governments to help
those governments identify, protect against, detect,
respond to, and recover from cybersecurity risks,
cybersecurity threats, incidents, and ransomware
incidents and make recommendations to address such
limitations;
``(D) identify opportunities to improve the
coordination of the Agency with Federal and non-Federal
entities, such as the Multi-State Information Sharing
and Analysis Center, to improve--
``(i) incident exercises, information
sharing and incident notification procedures;
``(ii) the ability for State, local,
Tribal, and territorial governments to
voluntarily adapt and implement guidance in
Federal binding operational directives; and
``(iii) opportunities to leverage Federal
schedules for cybersecurity investments under
section 502 of title 40, United States Code;
``(E) recommend new initiatives the Federal
Government should undertake to improve the ability of
State, local, Tribal, and territorial governments to
identify, protect against, detect, respond to, and
recover from cybersecurity risks, cybersecurity
threats, incidents, and ransomware incidents;
``(F) set short-term and long-term goals that will
improve the ability of State, local, Tribal, and
territorial governments to identify, protect against,
detect, respond to, and recover from cybersecurity
risks, cybersecurity threats, incidents, and ransomware
incidents; and
``(G) set dates, including interim benchmarks, as
appropriate for State, local, Tribal, and territorial
governments to establish baseline capabilities to
identify, protect against, detect, respond to, and
recover from cybersecurity risks, cybersecurity
threats, incidents, and ransomware incidents.
``(3) Considerations.--In developing the strategy required
under paragraph (1), the Director, in coordination with the
heads of appropriate Federal agencies, State, local, Tribal,
and territorial governments, the State and Local Cybersecurity
Resilience Committee established under section 2220A, and other
stakeholders, as appropriate, shall consider--
``(A) lessons learned from incidents that have
affected State, local, Tribal, and territorial
governments, and exercises with Federal and non-Federal
entities;
``(B) the impact of incidents that have affected
State, local, Tribal, and territorial governments,
including the resulting costs to such governments;
``(C) the information related to the interest and
ability of state and non-state threat actors to
compromise information systems (as such term is defined
in section 102 of the Cybersecurity Act of 2015 (6
U.S.C. 1501)) owned or operated by State, local,
Tribal, and territorial governments;
``(D) emerging cybersecurity risks and
cybersecurity threats to State, local, Tribal, and
territorial governments resulting from the deployment
of new technologies; and
``(E) recommendations made by the State and Local
Cybersecurity Resilience Committee established under
section 2220A.
``(4) Exemption.--Chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'), shall
not apply to any action to implement this subsection.''.
(b) Responsibilities of the Director of the Cybersecurity and
Infrastructure Security Agency.--Section 2202 of the Homeland Security
Act of 2002 (6 U.S.C. 652) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Additional Responsibilities.--In addition to the
responsibilities under subsection (c), the Director shall--
``(1) develop program guidance, in consultation with the
State and Local Government Cybersecurity Resilience Committee
established under section 2220A, for the State and Local
Cybersecurity Grant Program under such section or any other
homeland security assistance administered by the Department to
improve cybersecurity;
``(2) review, in consultation with the State and Local
Cybersecurity Resilience Committee, all cybersecurity plans of
State, local, Tribal, and territorial governments developed
pursuant to any homeland security assistance administered by
the Department to improve cybersecurity;
``(3) provide expertise and technical assistance to State,
local, Tribal, and territorial government officials with
respect to cybersecurity; and
``(4) provide education, training, and capacity development
to enhance the security and resilience of cybersecurity and
infrastructure security.''.
(c) Feasibility Study.--Not later than 270 days after the date of
the enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security of the Department of Homeland Security shall
conduct a study to assess the feasibility of implementing a short-term
rotational program for the detail to the Agency of approved State,
local, Tribal, and territorial government employees in cyber workforce
positions.
SEC. 6224. CYBERSECURITY VULNERABILITIES.
Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) the term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in section 102
of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501);''.
(2) in subsection (c)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' after the semicolon at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) sharing mitigation protocols to counter cybersecurity
vulnerabilities pursuant to subsection (n); and''; and
(iv) in subparagraph (C), as so
redesignated, by inserting ``and mitigation
protocols to counter cybersecurity
vulnerabilities in accordance with subparagraph
(B)'' before ``with Federal'';
(B) in paragraph (7)(C), by striking ``sharing''
and inserting ``share''; and
(C) in paragraph (9), by inserting ``mitigation
protocols to counter cybersecurity vulnerabilities,''
after ``measures,'';
(3) in subsection (e)(1)(G), by striking the semicolon
after ``and'' at the end;
(4) by redesignating subsection (o) as subsection (p); and
(5) by inserting after subsection (n) following new
subsection:
``(o) Protocols to Counter Certain Cybersecurity Vulnerabilities.--
The Director may, as appropriate, identify, develop, and disseminate
actionable protocols to mitigate cybersecurity vulnerabilities to
information systems and industrial control systems, including in
circumstances in which such vulnerabilities exist because software or
hardware is no longer supported by a vendor.''.
SEC. 6225. CAPABILITIES OF THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY TO IDENTIFY THREATS TO INDUSTRIAL CONTROL
SYSTEMS.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (e)(1)--
(A) in subparagraph (G), by striking ``and;'' after
the semicolon;
(B) in subparagraph (H), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(I) activities of the Center address the security
of both information technology and operational
technology, including industrial control systems;'';
and
(2) by adding at the end the following new subsection:
``(p) Industrial Control Systems.--The Director shall maintain
capabilities to identify and address threats and vulnerabilities to
products and technologies intended for use in the automated control of
critical infrastructure processes. In carrying out this subsection, the
Director shall--
``(1) lead Federal Government efforts, in consultation with
Sector Risk Management Agencies, as appropriate, to identify
and mitigate cybersecurity threats to industrial control
systems, including supervisory control and data acquisition
systems;
``(2) maintain threat hunting and incident response
capabilities to respond to industrial control system
cybersecurity risks and incidents;
``(3) provide cybersecurity technical assistance to
industry end-users, product manufacturers, Sector Risk
Management Agencies, other Federal agencies, and other
industrial control system stakeholders to identify, evaluate,
assess, and mitigate vulnerabilities;
``(4) collect, coordinate, and provide vulnerability
information to the industrial control systems community by, as
appropriate, working closely with security researchers,
industry end-users, product manufacturers, Sector Risk
Management Agencies, other Federal agencies, and other
industrial control systems stakeholders; and
``(5) conduct such other efforts and assistance as the
Secretary determines appropriate.''.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act and every six months thereafter during the
subsequent 4-year period, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security
shall provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a briefing on the industrial control systems
capabilities of the Agency under section 2209 of the Homeland Security
Act of 2002 (6 U.S.C. 659), as amended by subsection (a).
(c) GAO Review.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall review implementation of the requirements of subsections
(e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659), as amended by subsection (a), and submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report that includes findings and recommendations relating to such
implementation. Such report shall include information on the following:
(1) Any interagency coordination challenges to the ability
of the Director of the Cybersecurity and Infrastructure Agency
of the Department of Homeland Security to lead Federal efforts
to identify and mitigate cybersecurity threats to industrial
control systems pursuant to subsection (p)(1) of such section.
(2) The degree to which the Agency has adequate capacity,
expertise, and resources to carry out threat hunting and
incident response capabilities to mitigate cybersecurity
threats to industrial control systems pursuant to subsection
(p)(2) of such section, as well as additional resources that
would be needed to close any operational gaps in such
capabilities.
(3) The extent to which industrial control system
stakeholders sought cybersecurity technical assistance from the
Agency pursuant to subsection (p)(3) of such section, and the
utility and effectiveness of such technical assistance.
(4) The degree to which the Agency works with security
researchers and other industrial control systems stakeholders,
pursuant to subsection (p)(4) of such section, to provide
vulnerability information to the industrial control systems
community.
SEC. 6226. REPORT ON CYBERSECURITY VULNERABILITIES.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on how the Agency carries out subsection (n) of section
2209 of the Homeland Security Act of 2002 to coordinate vulnerability
disclosures, including disclosures of cybersecurity vulnerabilities (as
such term is defined in such section), and subsection (o) of such
section (as added by section 5324) to disseminate actionable protocols
to mitigate cybersecurity vulnerabilities to information systems and
industrial control systems, that include the following:
(1) A description of the policies and procedures relating
to the coordination of vulnerability disclosures.
(2) A description of the levels of activity in furtherance
of such subsections (n) and (o) of such section 2209.
(3) Any plans to make further improvements to how
information provided pursuant to such subsections can be shared
(as such term is defined in such section 2209) between the
Department and industry and other stakeholders.
(4) Any available information on the degree to which such
information was acted upon by industry and other stakeholders.
(5) A description of how privacy and civil liberties are
preserved in the collection, retention, use, and sharing of
vulnerability disclosures.
(b) Form.--The report required under subsection (b) shall be
submitted in unclassified form but may contain a classified annex.
SEC. 6227. COMPETITION RELATING TO CYBERSECURITY VULNERABILITIES.
The Under Secretary for Science and Technology of the Department of
Homeland Security, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency of the Department, may
establish an incentive-based program that allows industry, individuals,
academia, and others to compete in identifying remediation solutions
for cybersecurity vulnerabilities (as such term is defined in section
2209 of the Homeland Security Act of 2002, as amended by section 5325)
to information systems (as such term is defined in such section 2209)
and industrial control systems, including supervisory control and data
acquisition systems.
SEC. 6228. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 5322 of this
Act, is further amended by adding at the end the following new section:
``SEC. 2220C. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency the
National Cyber Exercise Program (referred to in this section as
the `Exercise Program') to evaluate the National Cyber Incident
Response Plan, and other related plans and strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall be--
``(i) based on current risk assessments,
including credible threats, vulnerabilities,
and consequences;
``(ii) designed, to the extent practicable,
to simulate the partial or complete
incapacitation of a government or critical
infrastructure network resulting from a cyber
incident;
``(iii) designed to provide for the
systematic evaluation of cyber readiness and
enhance operational understanding of the cyber
incident response system and relevant
information-sharing agreements; and
``(iv) designed to promptly develop after-
action reports and plans that can quickly
incorporate lessons learned into future
operations.
``(B) Model exercise selection.--The Exercise
Program shall--
``(i) include a selection of model
exercises that government and private entities
can readily adapt for use; and
``(ii) aid such governments and private
entities with the design, implementation, and
evaluation of exercises that--
``(I) conform to the requirements
described in subparagraph (A);
``(II) are consistent with any
applicable national, State, local, or
Tribal strategy or plan; and
``(III) provide for systematic
evaluation of readiness.
``(3) Consultation.--In carrying out the Exercise Program,
the Director may consult with appropriate representatives from
Sector Risk Management Agencies, cybersecurity research
stakeholders, and Sector Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.
``(2) Private entity.--The term `private entity' has the
meaning given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 5422 of this
Act, is further amended by adding after the item relating to section
2220B the following new item:
``Sec. 2220C. National Cyber Exercise Program.''.
Subtitle C--Transportation Security
SEC. 6231. SURVEY OF THE TRANSPORTATION SECURITY ADMINISTRATION
WORKFORCE REGARDING COVID-19 RESPONSE.
(a) Survey.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration (referred to in this section as the ``Administrator''),
in consultation with the labor organization certified as the exclusive
representative of full- and part-time nonsupervisory Administration
personnel carrying out screening functions under section 44901 of title
49, United States Code, shall conduct a survey of the Transportation
Security Administration (referred to in this section as the
``Administration'') workforce regarding the Administration's response
to the COVID-19 pandemic. Such survey shall be conducted in a manner
that allows for the greatest practicable level of workforce
participation.
(b) Contents.--In conducting the survey required under subsection
(a), the Administrator shall solicit feedback on the following:
(1) The Administration's communication and collaboration
with the Administration's workforce regarding the
Administration's response to the COVID-19 pandemic and efforts
to mitigate and monitor transmission of COVID-19 among its
workforce, including through--
(A) providing employees with personal protective
equipment and mandating its use;
(B) modifying screening procedures and
Administration operations to reduce transmission among
officers and passengers and ensuring compliance with
such changes;
(C) adjusting policies regarding scheduling, leave,
and telework;
(D) outreach as a part of contact tracing when an
employee has tested positive for COVID-19; and
(E) encouraging COVID-19 vaccinations and efforts
to assist employees that seek to be vaccinated such as
communicating the availability of duty time for travel
to vaccination sites and recovery from vaccine side
effects.
(2) Any other topic determined appropriate by the
Administrator.
(c) Report.--Not later than 30 days after completing the survey
required under subsection (a), the Administration shall provide a
report summarizing the results of the survey to the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 6232. TRANSPORTATION SECURITY PREPAREDNESS PLAN.
(a) Plan Required.--Section 114 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(x) Transportation Security Preparedness Plan.--
``(1) In general.--Not later than two years after the date
of the enactment of this subsection, the Secretary of Homeland
Security, acting through the Administrator, in coordination
with the Chief Medical Officer of the Department of Homeland
Security and in consultation with the partners identified under
paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a
transportation security preparedness plan to address the event
of a communicable disease outbreak. The Secretary, acting
through the Administrator, shall ensure such plan aligns with
relevant Federal plans and strategies for communicable disease
outbreaks.
``(2) Considerations.--In developing the plan required
under paragraph (1), the Secretary, acting through the
Administrator, shall consider each of the following:
``(A) The findings of the survey required under
section 5331 of the National Defense Authorization Act
for Fiscal Year 2022.
``(B) All relevant reports and recommendations
regarding the Administration's response to the COVID-19
pandemic, including any reports and recommendations
issued by the Comptroller General and the Inspector
General of the Department of Homeland Security.
``(C) Lessons learned from Federal interagency
efforts during the COVID-19 pandemic.
``(3) Contents of plan.--The plan developed under paragraph
(1) shall include each of the following:
``(A) Plans for communicating and collaborating in
the event of a communicable disease outbreak with the
following partners:
``(i) Appropriate Federal departments and
agencies, including the Department of Health
and Human Services, the Centers for Disease
Control and Prevention, the Department of
Transportation, the Department of Labor, and
appropriate interagency task forces.
``(ii) The workforce of the Administration,
including through the labor organization
certified as the exclusive representative of
full- and part-time non-supervisory
Administration personnel carrying out screening
functions under section 44901 of this title.
``(iii) International partners, including
the International Civil Aviation Organization
and foreign governments, airports, and air
carriers.
``(iv) Public and private stakeholders, as
such term is defined under subsection
(t)(1)(C).
``(v) The traveling public.
``(B) Plans for protecting the safety of the
Transportation Security Administration workforce,
including--
``(i) reducing the risk of communicable
disease transmission at screening checkpoints
and within the Administration's workforce
related to the Administration's transportation
security operations and mission;
``(ii) ensuring the safety and hygiene of
screening checkpoints and other workstations;
``(iii) supporting equitable and
appropriate access to relevant vaccines,
prescriptions, and other medical care; and
``(iv) tracking rates of employee illness,
recovery, and death.
``(C) Criteria for determining the conditions that
may warrant the integration of additional actions in
the aviation screening system in response to the
communicable disease outbreak and a range of potential
roles and responsibilities that align with such
conditions.
``(D) Contingency plans for temporarily adjusting
checkpoint operations to provide for passenger and
employee safety while maintaining security during the
communicable disease outbreak.
``(E) Provisions setting forth criteria for
establishing an interagency task force or other
standing engagement platform with other appropriate
Federal departments and agencies, including the
Department of Health and Human Services and the
Department of Transportation, to address such
communicable disease outbreak.
``(F) A description of scenarios in which the
Administrator should consider exercising authorities
provided under subsection (g) and for what purposes.
``(G) Considerations for assessing the
appropriateness of issuing security directives and
emergency amendments to regulated parties in various
modes of transportation, including surface
transportation, and plans for ensuring compliance with
such measures.
``(H) A description of any potential obstacles,
including funding constraints and limitations to
authorities, that could restrict the ability of the
Administration to respond appropriately to a
communicable disease outbreak.
``(4) Dissemination.--Upon development of the plan required
under paragraph (1), the Administrator shall disseminate the
plan to the partners identified under paragraph (3)(A) and to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(5) Review of plan.--Not later than two years after the
date on which the plan is disseminated under paragraph (4), and
biennially thereafter, the Secretary, acting through the
Administrator and in coordination with the Chief Medical
Officer of the Department of Homeland Security, shall review
the plan and, after consultation with the partners identified
under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan
as appropriate.''.
(b) Comptroller General Report.--Not later than 1 year after the
date on which the transportation security preparedness plan required
under subsection (x) of section 114 of title 49, United States Code, as
added by subsection (a), is disseminated under paragraph (4) of such
subsection (x), the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results of a study
assessing the transportation security preparedness plan, including an
analysis of--
(1) whether such plan aligns with relevant Federal plans
and strategies for communicable disease outbreaks; and
(2) the extent to which the Transportation Security
Administration is prepared to implement the plan.
SEC. 6233. AUTHORIZATION OF TRANSPORTATION SECURITY ADMINISTRATION
PERSONNEL DETAILS.
(a) Coordination.--Pursuant to sections 106(m) and 114(m) of title
49, United States Code, the Administrator of the Transportation
Security Administration may provide Transportation Security
Administration personnel, who are not engaged in front line
transportation security efforts, to other components of the Department
and other Federal agencies to improve coordination with such components
and agencies to prepare for, protect against, and respond to public
health threats to the transportation security system of the United
States.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall brief the appropriate
congressional committees regarding efforts to improve coordination with
other components of the Department of Homeland Security and other
Federal agencies to prepare for, protect against, and respond to public
health threats to the transportation security system of the United
States.
SEC. 6234. TRANSPORTATION SECURITY ADMINISTRATION PREPAREDNESS.
(a) Analysis.--
(1) In general.--The Administrator of the Transportation
Security Administration shall conduct an analysis of
preparedness of the transportation security system of the
United States for public health threats. Such analysis shall
assess, at a minimum, the following:
(A) The risks of public health threats to the
transportation security system of the United States,
including to transportation hubs, transportation
security stakeholders, Transportation Security
Administration (TSA) personnel, and passengers.
(B) Information sharing challenges among relevant
components of the Department, other Federal agencies,
international entities, and transportation security
stakeholders.
(C) Impacts to TSA policies and procedures for
securing the transportation security system.
(2) Coordination.--The analysis conducted of the risks
described in paragraph (1)(A) shall be conducted in
coordination with the Chief Medical Officer of the Department
of Homeland Security, the Secretary of Health and Human
Services, and transportation security stakeholders.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall brief the appropriate
congressional committees on the following:
(1) The analysis required under subsection (a).
(2) Technologies necessary to combat public health threats
at security screening checkpoints to better protect from future
public health threats TSA personnel, passengers, aviation
workers, and other personnel authorized to access the sterile
area of an airport through such checkpoints, and the estimated
cost of technology investments needed to fully implement across
the aviation system solutions to such threats.
(3) Policies and procedures implemented by TSA and
transportation security stakeholders to protect from public
health threats TSA personnel, passengers, aviation workers, and
other personnel authorized to access the sterile area through
the security screening checkpoints, as well as future plans for
additional measures relating to such protection.
(4) The role of TSA in establishing priorities, developing
solutions, and coordinating and sharing information with
relevant domestic and international entities during a public
health threat to the transportation security system, and how
TSA can improve its leadership role in such areas.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) The term ``sterile area'' has the meaning given such
term in section 1540.5 of title 49, Code of Federal
Regulations.
(3) The term ``TSA'' means the Transportation Security
Administration.
SEC. 6235. PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT PASSENGER
SCREENING CHECKPOINTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator, in coordination with the
Chief Medical Officer of the Department of Homeland Security, and in
consultation with the Secretary of Health and Human Services and the
Director of the Centers for Disease Control and Prevention, shall issue
and commence implementing a plan to enhance, as appropriate, security
operations at airports during the COVID-19 national emergency in order
to reduce risk of the spread of the coronavirus at passenger screening
checkpoints and among the TSA workforce.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) An identification of best practices developed in
response to the coronavirus among foreign governments,
airports, and air carriers conducting aviation security
screening operations, as well as among Federal agencies
conducting similar security screening operations outside of
airports, including in locations where the spread of the
coronavirus has been successfully contained, that could be
further integrated into the United States aviation security
system.
(2) Specific operational changes to aviation security
screening operations informed by the identification of best
practices under paragraph (1) that could be implemented without
degrading aviation security and a corresponding timeline and
costs for implementing such changes.
(c) Considerations.--In carrying out the identification of best
practices under subsection (b), the Administrator shall take into
consideration the following:
(1) Aviation security screening procedures and practices in
place at security screening locations, including procedures and
practices implemented in response to the coronavirus.
(2) Volume and average wait times at each such security
screening location.
(3) Public health measures already in place at each such
security screening location.
(4) The feasibility and effectiveness of implementing
similar procedures and practices in locations where such are
not already in place.
(5) The feasibility and potential benefits to security,
public health, and travel facilitation of continuing any
procedures and practices implemented in response to the COVID-
19 national emergency beyond the end of such emergency.
(d) Consultation.--In developing the plan required under subsection
(a), the Administrator may consult with public and private stakeholders
and the TSA workforce, including through the labor organization
certified as the exclusive representative of full- and part-time
nonsupervisory TSA personnel carrying out screening functions under
section 44901 of title 49, United States Code.
(e) Submission.--Upon issuance of the plan required under
subsection (a), the Administrator shall submit the plan to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
(f) Issuance and Implementation.--The Administrator shall not be
required to issue or implement, as the case may be, the plan required
under subsection (a) upon the termination of the COVID-19 national
emergency except to the extent the Administrator determines such
issuance or implementation, as the case may be, to be feasible and
beneficial to security screening operations.
(g) GAO Review.--Not later than 1 year after the issuance of the
plan required under subsection (a) (if such plan is issued in
accordance with subsection (f)), the Comptroller General of the United
States shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a review, if appropriate, of such plan and
any efforts to implement such plan.
(h) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Transportation Security Administration.
(2) The term ``coronavirus'' has the meaning given such
term in section 506 of the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 (Public Law 116-
123).
(3) The term ``COVID-19 national emergency'' means the
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
with respect to the coronavirus.
(4) The term ``public and private stakeholders'' has the
meaning given such term in section 114(t)(1)(C) of title 49,
United States Code.
(5) The term ``TSA'' means the Transportation Security
Administration.
SEC. 6236. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF HOMELAND
SECURITY TRUSTED TRAVELER PROGRAMS.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
review of Department of Homeland Security trusted traveler programs.
Such review shall examine the following:
(1) The extent to which the Department of Homeland Security
tracks data and monitors trends related to trusted traveler
programs, including root causes for identity-matching errors
resulting in an individual's enrollment in a trusted traveler
program being reinstated.
(2) Whether the Department coordinates with the heads of
other relevant Federal, State, local, Tribal, or territorial
entities regarding redress procedures for disqualifying
offenses not covered by the Department's own redress processes
but which offenses impact an individual's enrollment in a
trusted traveler program.
(3) How the Department may improve individuals' access to
reconsideration procedures regarding a disqualifying offense
for enrollment in a trusted traveler program that requires the
involvement of any other Federal, State, local, Tribal, or
territorial entity.
(4) The extent to which travelers are informed about
reconsideration procedures regarding enrollment in a trusted
traveler program.
SEC. 6237. ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT OF HOMELAND
SECURITY TRUSTED TRAVELER PROGRAMS.
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall, with respect to an individual whose enrollment
in a trusted traveler program was revoked in error extend by an amount
of time equal to the period of revocation the period of active
enrollment in such a program upon reenrollment in such a program by
such an individual.
SEC. 6238. THREAT INFORMATION SHARING.
(a) Prioritization.--The Secretary of Homeland Security shall
prioritize the assignment of officers and intelligence analysts under
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from
the Transportation Security Administration and, as appropriate, from
the Office of Intelligence and Analysis of the Department of Homeland
Security, to locations with participating State, local, and regional
fusion centers in jurisdictions with a high-risk surface transportation
asset in order to enhance the security of such assets, including by
improving timely sharing, in a manner consistent with the protection of
privacy rights, civil rights, and civil liberties, of information
regarding threats of terrorism and other threats, including targeted
violence.
(b) Intelligence Products.--Officers and intelligence analysts
assigned to locations with participating State, local, and regional
fusion centers under this section shall participate in the generation
and dissemination of transportation security intelligence products,
with an emphasis on such products that relate to threats of terrorism
and other threats, including targeted violence, to surface
transportation assets that--
(1) assist State, local, and Tribal law enforcement
agencies in deploying their resources, including personnel,
most efficiently to help detect, prevent, investigate,
apprehend, and respond to such threats;
(2) promote more consistent and timely sharing with and
among jurisdictions of threat information; and
(3) enhance the Department of Homeland Security's
situational awareness of such threats.
(c) Clearances.--The Secretary of Homeland Security shall make
available to appropriate owners and operators of surface transportation
assets, and to any other person that the Secretary determines
appropriate to foster greater sharing of classified information
relating to threats of terrorism and other threats, including targeted
violence, to surface transportation assets, the process of application
for security clearances under Executive Order No. 13549 (75 Fed. Reg.
162; relating to a classified national security information program) or
any successor Executive order.
(d) GAO Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a review of the implementation of this section,
together with any recommendations to improve information sharing with
State, local, Tribal, territorial, and private sector entities to
prevent, identify, and respond to threats of terrorism and other
threats, including targeted violence, to surface transportation assets.
(e) Definitions.--In this section:
(1) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide
transportation services by--
(A) a public transportation agency (as such term is
defined in section 1402(5) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1131(5)));
(B) a railroad carrier (as such term is defined in
section 20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-
route transportation services by over-the-road
bus (as such term is defined in section 1501(4)
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or
systems, as determined by the Secretary.
(2) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in
order to inflict mass injury or death with no discernable
political or ideological motivation beyond mass injury or
death.
(3) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in
section 2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is
defined in section 2331(1) of title 18, United States
Code).
SEC. 6239. LOCAL LAW ENFORCEMENT SECURITY TRAINING.
(a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may in a
manner consistent with the protection of privacy rights, civil rights,
and civil liberties, develop, through the Federal Law Enforcement
Training Centers, a training program to enhance the protection,
preparedness, and response capabilities of law enforcement agencies
with respect to threats of terrorism and other threats, including
targeted violence, at a surface transportation asset.
(b) Requirements.--If the Secretary of Homeland Security develops
the training program described in subsection (a), such training program
shall--
(1) be informed by current information regarding tactics
used by terrorists and others engaging in targeted violence;
(2) include tactical instruction tailored to the diverse
nature of the surface transportation asset operational
environment; and
(3) prioritize training officers from law enforcement
agencies that are eligible for or receive grants under sections
2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604
and 605) and officers employed by railroad carriers that
operate passenger service, including interstate passenger
service.
(c) Definitions.--In this section:
(1) The term ``public and private sector stakeholders'' has
the meaning given such term in section 114(u)(1)(c) of title
49, United States Code.
(2) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide
transportation services by--
(A) a public transportation agency (as such term is
defined in section 1402(5) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1131(5)));
(B) a railroad carrier (as such term is defined in
section 20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-
route transportation services by over-the-road
bus (as such term is defined in section 1501(4)
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or
systems, as determined by the Secretary.
(3) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in
order to inflict mass injury or death with no discernable
political or ideological motivation beyond mass injury or
death.
(4) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in
section 2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is
defined in section 2331(1) of title 18, United States
Code).
SEC. 6240. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Subparagraph (A) of section 1406(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135(b)(2); Public Law 110-53) is amended by inserting ``and associated
backfill'' after ``security training''.
SEC. 6241. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Section 1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is amended--
(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following new
subsection:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2),
funds provided pursuant to a grant awarded under this section
for a use specified in subsection (b) shall remain available
for use by a grant recipient for a period of not fewer than 36
months.
``(2) Exception.--Funds provided pursuant to a grant
awarded under this section for a use specified in subparagraph
(M) or (N) of subsection (b)(1) shall remain available for use
by a grant recipient for a period of not fewer than 55
months.''.
SEC. 6242. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE
GRANT PROGRAM.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the public transportation security assistance grant
program under section 1406 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53).
(b) Scope.--The review required under paragraph (1) shall include
the following:
(1) An assessment of the type of projects funded under the
public transportation security grant program referred to in
such paragraph.
(2) An assessment of the manner in which such projects
address threats to public transportation infrastructure.
(3) An assessment of the impact, if any, of sections 5342
through 5345 (including the amendments made by this Act) on
types of projects funded under the public transportation
security assistance grant program.
(4) An assessment of the management and administration of
public transportation security assistance grant program funds
by grantees.
(5) Recommendations to improve the manner in which public
transportation security assistance grant program funds address
vulnerabilities in public transportation infrastructure.
(6) Recommendations to improve the management and
administration of the public transportation security assistance
grant program.
(c) Report.--Not later than one year after the date of the
enactment of this Act and again not later than five years after such
date of enactment, the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the review required under this
section.
SEC. 6243. SENSITIVE SECURITY INFORMATION; INTERNATIONAL AVIATION
SECURITY.
(a) Sensitive Security Information.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall--
(A) ensure clear and consistent designation of
``Sensitive Security Information'', including
reasonable security justifications for such
designation;
(B) develop and implement a schedule to regularly
review and update, as necessary, TSA Sensitive Security
Information identification guidelines;
(C) develop a tracking mechanism for all Sensitive
Security Information redaction and designation
challenges;
(D) document justifications for changes in position
regarding Sensitive Security Information redactions and
designations, and make such changes accessible to TSA
personnel for use with relevant stakeholders, including
air carriers, airport operators, surface transportation
operators, and State and local law enforcement, as
necessary; and
(E) ensure that TSA personnel are adequately
trained on appropriate designation policies.
(2) Stakeholder outreach.--Not later than 180 days after
the date of the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall conduct
outreach to relevant stakeholders described in paragraph (1)(D)
that regularly are granted access to Sensitive Security
Information to raise awareness of the TSA's policies and
guidelines governing the designation and use of Sensitive
Security Information.
(b) International Aviation Security.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall develop and
implement guidelines with respect to last point of departure
airports to--
(A) ensure the inclusion, as appropriate, of air
carriers and other transportation security stakeholders
in the development and implementation of security
directives and emergency amendments;
(B) document input provided by air carriers and
other transportation security stakeholders during the
security directive and emergency amendment,
development, and implementation processes;
(C) define a process, including timeframes, and
with the inclusion of feedback from air carriers and
other transportation security stakeholders, for
cancelling or incorporating security directives and
emergency amendments into security programs;
(D) conduct engagement with foreign partners on the
implementation of security directives and emergency
amendments, as appropriate, including recognition if
existing security measures at a last point of departure
airport are found to provide commensurate security as
intended by potential new security directives and
emergency amendments; and
(E) ensure that new security directives and
emergency amendments are focused on defined security
outcomes.
(2) Briefing to congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall brief the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate on the guidelines described in paragraph (1).
(3) Decisions not subject to judicial review.--
Notwithstanding any other provision of law, any action of the
Administrator of the Transportation Security Administration
under paragraph (1) is not subject to judicial review.
TITLE LXIII--COVID-19 EMERGENCY MEDICAL SUPPLIES
SEC. 6301. SHORT TITLE.
This title may be cited as the ``COVID-19 Emergency Medical
Supplies Enhancement Act of 2021''.
SEC. 6302. DETERMINATION ON EMERGENCY SUPPLIES AND RELATIONSHIP TO
STATE AND LOCAL EFFORTS.
(a) Determination.--For the purposes of section 101 of the Defense
Production Act of 1950 (50 U.S.C. 4511), the following materials shall
be deemed to be scarce and critical materials essential to the national
defense and otherwise meet the requirements of section 101(b) of such
Act during the COVID-19 emergency period:
(1) Diagnostic tests, including serological tests, for
COVID-19 and the reagents and other materials necessary for
producing or conducting such tests.
(2) Personal protective equipment, including face shields,
N-95 respirator masks, and any other masks determined by the
Secretary of Health and Human Services to be needed to respond
to the COVID-19 pandemic, and the materials to produce such
equipment.
(3) Medical ventilators, the components necessary to make
such ventilators, and medicines needed to use a ventilator as a
treatment for any individual who is hospitalized for COVID-19.
(4) Pharmaceuticals and any medicines determined by the
Food and Drug Administration or another Government agency to be
effective in treating COVID-19 (including vaccines for COVID-
19) and any materials necessary to produce or use such
pharmaceuticals or medicines (including self-injection syringes
or other delivery systems).
(5) Any other medical equipment or supplies determined by
the Secretary of Health and Human Services or the Secretary of
Homeland Security to be scarce and critical materials essential
to the national defense for purposes of section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511).
(b) Exercise of Title I Authorities in Relation to Contracts by
State and Local Governments.--In exercising authorities under title I
of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) during
the COVID-19 emergency period, the President (and any officer or
employee of the United States to which authorities under such title I
have been delegated)--
(1) may exercise the prioritization or allocation authority
provided in such title I to exclude any materials described in
subsection (a) ordered by a State or local government that are
scheduled to be delivered within 15 days of the time at which--
(A) the purchase order or contract by the Federal
Government for such materials is made; or
(B) the materials are otherwise allocated by the
Federal Government under the authorities contained in
such Act; and
(2) shall, within 24 hours of any exercise of the
prioritization or allocation authority provided in such title
I--
(A) notify any State or local government if the
exercise of such authorities would delay the receipt of
such materials ordered by such government; and
(B) take such steps as may be necessary to ensure
that such materials ordered by such government are
delivered in the shortest possible period.
(c) Update to the Federal Acquisition Regulation.--Not later than
15 days after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to reflect the requirements of
subsection (b)(1).
SEC. 6303. ENGAGEMENT WITH THE PRIVATE SECTOR.
(a) Sense of Congress.--The Congress--
(1) appreciates the willingness of private companies not
traditionally involved in producing items for the health sector
to volunteer to use their expertise and supply chains to
produce essential medical supplies and equipment;
(2) encourages other manufacturers to review their existing
capacity and to develop capacity to produce essential medical
supplies, medical equipment, and medical treatments to address
the COVID-19 emergency; and
(3) commends and expresses deep appreciation to individual
citizens who have been producing personal protective equipment
and other materials for, in particular, use at hospitals in
their community.
(b) Outreach Representative.--
(1) Designation.--Consistent with the authorities in title
VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et
seq.), the Administrator of the Federal Emergency Management
Agency, in consultation with the Secretary of Health and Human
Services, shall designate or shall appoint, pursuant to section
703 of such Act (50 U.S.C. 4553), an individual to be known as
the ``Outreach Representative''. Such individual shall--
(A) be appointed from among individuals with
substantial experience in the private sector in the
production of medical supplies or equipment; and
(B) act as the Government-wide single point of
contact during the COVID-19 emergency for outreach to
manufacturing companies and their suppliers who may be
interested in producing medical supplies or equipment,
including the materials described under section 6302.
(2) Encouraging partnerships.--The Outreach Representative
shall seek to develop partnerships between companies, in
coordination with the Supply Chain Stabilization Task Force or
any overall coordinator appointed by the President to oversee
the response to the COVID-19 emergency, including through the
exercise of the authorities under section 708 of the Defense
Production Act of 1950 (50 U.S.C. 4558).
SEC. 6304. ENHANCEMENT OF SUPPLY CHAIN PRODUCTION.
In exercising authority under title III of the Defense Production
Act of 1950 (50 U.S.C. 4531 et seq.) with respect to materials
described in section 6302, the President shall seek to ensure that
support is provided to companies that comprise the supply chains for
reagents, components, raw materials, and other materials and items
necessary to produce or use the materials described in section 6302.
SEC. 6305. OVERSIGHT OF CURRENT ACTIVITY AND NEEDS.
(a) Response to Immediate Needs.--
(1) In general.--Not later than 7 days after the date of
the enactment of this Act, the President, in coordination with
the National Response Coordination Center of the Federal
Emergency Management Agency, the Administrator of the Defense
Logistics Agency, the Secretary of Health and Human Services,
the Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the appropriate
congressional committees a report assessing the immediate needs
described in paragraph (2) to combat the COVID-19 pandemic and
the plan for meeting those immediate needs.
(2) Assessment.--The report required by this subsection
shall include--
(A) an assessment of the needs for medical supplies
or equipment necessary to address the needs of the
population of the United States infected by the virus
SARS-CoV-2 that causes COVID-19 and to prevent an
increase in the incidence of COVID-19 throughout the
United States, including diagnostic tests, serological
tests, medicines that have been approved by the Food
and Drug Administration to treat COVID-19, and
ventilators and medicines needed to employ ventilators;
(B) based on meaningful consultations with relevant
stakeholders, an assessment of the need for personal
protective equipment and other supplies (including
diagnostic tests) required by--
(i) health professionals, health workers,
and hospital staff;
(ii) workers in industries and sectors
described in the ``Advisory Memorandum on
Identification of Essential Critical
Infrastructure Workers during the COVID-19
Response'' issued by the Director of
Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security
on April 17, 2020 (and any expansion of
industries and sectors included in updates to
such advisory memorandum); and
(iii) other workers determined to be
essential based on such consultation;
(C) an assessment of the quantities of equipment
and supplies in the Strategic National Stockpile
(established under section 319F-2 of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(1))) as of the date
of the report, and the projected gap between the
quantities of equipment and supplies identified as
needed in the assessment under subparagraphs (A) and
(B) and the quantities in the Strategic National
Stockpile;
(D) an identification of the industry sectors and
manufacturers most ready to fulfill purchase orders for
such equipment and supplies (including manufacturers
that may be incentivized) through the exercise of
authority under section 303(e) of the Defense
Production Act of 1950 (50 U.S.C. 4533(e)) to modify,
expand, or improve production processes to manufacture
such equipment and supplies to respond immediately to a
need identified in subparagraph (A) or (B);
(E) an identification of Government-owned and
privately-owned stockpiles of such equipment and
supplies not included in the Strategic National
Stockpile that could be repaired or refurbished;
(F) an identification of previously distributed
critical supplies that can be redistributed based on
current need;
(G) a description of any exercise of the
authorities described under subsection (a)(5) or (b)(1)
of section 6302; and
(H) an identification of critical areas of need, by
county and by areas identified by the Indian Health
Service, in the United States and the metrics and
criteria for identification as a critical area.
(3) Plan.--The report required by this subsection shall
include a plan for meeting the immediate needs to combat the
COVID-19 pandemic, including the needs described in paragraph
(1). Such plan shall include--
(A) each contract the Federal Government has
entered into to meet such needs, including the purpose
of each contract, the type and amount of equipment,
supplies, or services to be provided under the
contract, the entity performing such contract, and the
dollar amount of each contract;
(B) each contract that the Federal Government
intends to enter into within 14 days after submission
of such report, including the information described in
subparagraph (A) for each such contract; and
(C) whether any of the contracts described in
subparagraph (A) or (B) have or will have a priority
rating under the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.), including purchase orders
pursuant to Department of Defense Directive 4400.1 (or
any successor directive), subpart A of part 101 of
title 45, Code of Federal Regulations, or any other
applicable authority.
(4) Additional requirements.--The report required by this
subsection, and each update required by paragraph (5), shall
include--
(A) any requests for equipment and supplies from
State or local governments and Indian Tribes, and an
accompanying list of the employers and unions consulted
in developing these requests;
(B) any modeling or formulas used to determine
allocation of equipment and supplies, and any related
chain of command issues on making final decisions on
allocations;
(C) the amount and destination of equipment and
supplies delivered;
(D) an explanation of why any portion of any
contract, whether to replenish the Strategic National
Stockpile or otherwise, will not be filled;
(E) of products procured under this section, the
percentage of such products that are used to replenish
the Strategic National Stockpile, that are targeted to
COVID-19 hotspots, and that are used for the commercial
market;
(F) metrics, formulas, and criteria used to
determine COVID-19 hotspots or areas of critical need
for a State, county, or an area identified by the
Indian Health Service;
(G) production and procurement benchmarks, where
practicable; and
(H) results of the consultation with the relevant
stakeholders required by paragraph (2)(B).
(5) Updates.--The President, in coordination with the
National Response Coordination Center of the Federal Emergency
Management Agency, the Administrator of the Defense Logistics
Agency, the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall update such report every 14
days.
(6) Public availability.--The President shall make the
report required by this subsection and each update required by
paragraph (5) available to the public, including on a
Government website.
(b) Response to Longer-Term Needs.--
(1) In general.--Not later than 14 days after the date of
enactment of this Act, the President, in coordination with the
National Response Coordination Center of the Federal Emergency
Management Agency, the Administrator of the Defense Logistics
Agency, the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the appropriate
congressional committees a report containing an assessment of
the needs described in paragraph (2) to combat the COVID-19
pandemic and the plan for meeting such needs during the 6-month
period beginning on the date of submission of the report.
(2) Assessment.--The report required by this subsection
shall include--
(A) an assessment of the elements described in
subparagraphs (A) through (E) and subparagraph (H) of
subsection (a)(2); and
(B) an assessment of needs related to COVID-19
vaccines and any additional services to address the
COVID-19 pandemic, including services related to health
surveillance to ensure that the appropriate level of
contact tracing related to detected infections is
available throughout the United States.
(3) Plan.--The report required by this subsection shall
include a plan for meeting the longer-term needs to combat the
COVID-19 pandemic, including the needs described in paragraph
(1). This plan shall include--
(A) a plan to exercise authorities under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.)
necessary to increase the production of the medical
equipment, supplies, and services that are essential to
meeting the needs identified in paragraph (2)
(including the number of N-95 respirator masks and
other personal protective equipment needed), based on
meaningful consultations with relevant stakeholders--
(i) by the private sector to resume
economic activity; and
(ii) by the public and nonprofit sectors to
significantly increase their activities;
(B) results of the consultations with the relevant
stakeholders required by subparagraph (A)(ii);
(C) an estimate of the funding and other measures
necessary to rapidly expand manufacturing production
capacity for such equipment and supplies, including--
(i) any efforts to expand, retool, or
reconfigure production lines;
(ii) any efforts to establish new
production lines through the purchase and
installation of new equipment; or
(iii) the issuance of additional contracts,
purchase orders, purchase guarantees, or other
similar measures;
(D) each contract the Federal Government has
entered into to meet such needs or expand such
production, the purpose of each contract, the type and
amount of equipment, supplies, or services to be
provided under the contract, the entity performing such
contract, and the dollar amount of each contract;
(E) each contract that the Federal Government
intends to enter into within 14 days after submission
of such report, including the information described in
subparagraph (D) for each such contract;
(F) whether any of the contracts described in
subparagraph (D) or (E) have or will have a priority
rating under the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.), including purchase orders
pursuant to Department of Defense Directive 4400.1 (or
any successor directive), subpart A of part 101 of
title 45, Code of Federal Regulations, or any other
applicable authority; and
(G) the manner in which the Defense Production Act
of 1950 (50 U.S.C. 4501 et seq.) could be used to
increase services necessary to combat the COVID-19
pandemic, including services described in paragraph
(2)(B).
(4) Updates.--The President, in coordination with the
National Response Coordination Center of the Federal Emergency
Management Agency, the Administrator of the Defense Logistics
Agency, the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall update such report every 14
days.
(5) Public availability.--The President shall make the
report required by this subsection and each update required by
paragraph (4) available to the public, including on a
Government website.
(c) Report on Exercising Authorities Under the Defense Production
Act of 1950.--
(1) In general.--Not later than 14 days after the date of
the enactment of this Act, the President, in consultation with
the Administrator of the Federal Emergency Management Agency,
the Secretary of Defense, and the Secretary of Health and Human
Services, shall submit to the appropriate congressional
committees a report on the exercise of authorities under titles
I, III, and VII of the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) prior to the date of such report.
(2) Contents.--The report required under paragraph (1) and
each update required under paragraph (3) shall include, with
respect to each exercise of such authority--
(A) an explanation of the purpose of the applicable
contract, purchase order, or other exercise of
authority (including an allocation of materials,
services, and facilities under section 101(a)(2) of the
Defense Production Act of 1950 (50 U.S.C. 4511(a)(2)));
(B) the cost of such exercise of authority; and
(C) if applicable--
(i) the amount of goods that were purchased
or allocated;
(ii) an identification of the entity
awarded a contract or purchase order or that
was the subject of the exercise of authority;
and
(iii) an identification of any entity that
had shipments delayed by the exercise of any
authority under the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.).
(3) Updates.--The President shall update the report
required under paragraph (1) every 14 days.
(4) Public availability.--The President shall make the
report required by this subsection and each update required by
paragraph (3) available to the public, including on a
Government website.
(d) Quarterly Reporting.--The President shall submit to Congress,
and make available to the public (including on a Government website), a
quarterly report detailing all expenditures made pursuant to titles I,
III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.).
(e) Sunset.--The requirements of this section shall terminate on
the later of--
(1) December 31, 2021; or
(2) the end of the COVID-19 emergency period.
SEC. 6306. ENHANCEMENTS TO THE DEFENSE PRODUCTION ACT OF 1950.
(a) Health Emergency Authority.--Section 107 of the Defense
Production Act of 1950 (50 U.S.C. 4517) is amended by adding at the end
the following:
``(c) Health Emergency Authority.--With respect to a public health
emergency declaration by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act, or preparations for
such a health emergency, the Secretary of Health and Human Services and
the Administrator of the Federal Emergency Management Agency are
authorized to carry out the authorities provided under this section to
the same extent as the President.''.
(b) Emphasis on Business Concerns Owned by Women, Minorities,
Veterans, and Native Americans.--Section 108 of the Defense Production
Act of 1950 (50 U.S.C. 4518) is amended--
(1) in the heading, by striking ``modernization of small
business suppliers'' and inserting ``small business
participation and fair inclusion'';
(2) by amending subsection (a) to read as follows:
``(a) Participation and Inclusion.--
``(1) In general.--In providing any assistance under this
Act, the President shall accord a strong preference for
subcontractors and suppliers that are--
``(A) small business concerns; or
``(B) businesses of any size owned by women,
minorities, veterans, and the disabled.
``(2) Special consideration.--To the maximum extent
practicable, the President shall accord the preference
described under paragraph (1) to small business concerns and
businesses described in paragraph (1)(B) that are located in
areas of high unemployment or areas that have demonstrated a
continuing pattern of economic decline, as identified by the
Secretary of Labor.''; and
(3) by adding at the end the following:
``(c) Minority Defined.--In this section, the term `minority'--
``(1) has the meaning given the term in section 308(b) of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989; and
``(2) includes any indigenous person in the United States,
including any territories of the United States.''.
(c) Additional Information in Annual Report.--Section 304(f)(3) of
the Defense Production Act of 1950 (50 U.S.C. 4534(f)(3)) is amended by
striking ``year.'' and inserting ``year, including the percentage of
contracts awarded using Fund amounts to each of the groups described in
section 108(a)(1)(B) (and, with respect to minorities, disaggregated by
ethnic group), and the percentage of the total amount expended during
such fiscal year on such contracts.''.
(d) Definition of National Defense.--Section 702(14) of the Defense
Production Act of 1950 is amended by striking ``and critical
infrastructure protection and restoration'' and inserting ``, critical
infrastructure protection and restoration, and health emergency
preparedness and response activities''.
SEC. 6307. SECURING ESSENTIAL MEDICAL MATERIALS.
(a) Statement of Policy.--Section 2(b) of the Defense Production
Act of 1950 (50 U.S.C. 4502) is amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States competitiveness,
scientific leadership and cooperation, and innovative
capacity;''.
(b) Strengthening Domestic Capability.--Section 107 of the Defense
Production Act of 1950 (50 U.S.C. 4517) is amended--
(1) in subsection (a), by inserting ``(including medical
materials)'' after ``materials''; and
(2) in subsection (b)(1), by inserting ``(including medical
materials such as drugs to diagnose, cure, mitigate, treat, or
prevent disease that essential to national defense)'' after
``essential materials''.
(c) Strategy on Securing Supply Chains for Medical Articles.--Title
I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is
amended by adding at the end the following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the President, in consultation with the
Secretary of Health and Human Services, the Secretary of Commerce, the
Secretary of Homeland Security, and the Secretary of Defense, shall
transmit a strategy to the appropriate Members of Congress that
includes the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs to diagnose,
cure, mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the purposes of
this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical articles, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from the
plan and measures described in this subsection on the
production, cost, or distribution of vaccines or any
other drugs (as defined under section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));
``(B) a timeline to ensure that essential
components of the supply chain for medical materials
are not under the exclusive control of a foreign
government in a manner that the President determines
could threaten the national defense of the United
States; and
``(C) efforts to mitigate any risks resulting from
the plan and measures described in this subsection to
United States competitiveness, scientific leadership,
and innovative capacity, including efforts to cooperate
and proactively engage with United States allies.
``(b) Progress Report.--Following submission of the strategy under
subsection (a), the President shall submit to the appropriate Members
of Congress an annual progress report evaluating the implementation of
the strategy, and may include updates to the strategy as appropriate.
The strategy and progress reports shall be submitted in unclassified
form but may contain a classified annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and minority
leader of the House of Representatives, the majority leader and
minority leader of the Senate, the Chairman and Ranking Member of the
Committees on Armed Services and Financial Services of the House of
Representatives, and the Chairman and Ranking Member of the Committees
on Armed Services and Banking, Housing, and Urban Affairs of the
Senate.''.
SEC. 6308. GAO REPORT.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, and annually thereafter, the Comptroller General
of the United States shall submit to the appropriate congressional
committees a report on ensuring that the United States Government has
access to the medical supplies and equipment necessary to respond to
future pandemics and public health emergencies, including
recommendations with respect to how to ensure that the United States
supply chain for diagnostic tests (including serological tests),
personal protective equipment, vaccines, and therapies is better
equipped to respond to emergencies, including through the use of funds
in the Defense Production Act Fund under section 304 of the Defense
Production Act of 1950 (50 U.S.C. 4534) to address shortages in that
supply chain.
(b) Review of Assessment and Plan.--
(1) In general.--Not later than 30 days after each of the
submission of the reports described in subsections (a) and (b)
of section 5405, the Comptroller General of the United States
shall submit to the appropriate congressional committees an
assessment of such reports, including identifying any gaps and
providing any recommendations regarding the subject matter in
such reports.
(2) Monthly review.--Not later than a month after the
submission of the assessment under paragraph (1), and monthly
thereafter, the Comptroller General shall issue a report to the
appropriate congressional committees with respect to any
updates to the reports described in subsections (a) and (b) of
section 5405 that were issued during the previous 1-month
period, containing an assessment of such updates, including
identifying any gaps and providing any recommendations
regarding the subject matter in such updates.
SEC. 6309. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations, Armed Services, Energy and Commerce,
Financial Services, Homeland Security, and Veterans' Affairs of
the House of Representatives and the Committees on
Appropriations, Armed Services, Banking, Housing, and Urban
Affairs, Health, Education, Labor, and Pensions, Homeland
Security and Governmental Affairs, and Veterans' Affairs of the
Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on the date of
enactment of this Act and ending after the end of the incident
period for the emergency declared on March 13, 2020, by the
President under section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19) pandemic.
(3) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) representative private sector entities;
(B) representatives of the nonprofit sector; and
(C) representatives of labor organizations
representing workers, including unions that represent
health workers, manufacturers, public sector employees,
and service sector workers.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
TITLE LXIV--OTHER MATTERS
SEC. 6401. FAA RATING OF CIVILIAN PILOTS OF THE DEPARTMENT OF DEFENSE.
(a) Eligibility for Certain Ratings.--Not later than 18 months
after the date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall revise section 61.73 of title 14,
Code of Federal Regulations to ensure that a Department of Defense
civilian pilot is eligible for a rating based on qualifications earned
as a Department of Defense pilot, pilot instructor, or pilot examiner
in the same manner that a military pilot is eligible for such a rating
based on qualifications earned as a military pilot, pilot instructor,
or pilot examiner.
(b) Definitions.--In this section:
(1) The term ``Department of Defense civilian pilot''--
(A) means an individual, other than a military
pilot, who is employed as a pilot by the Department of
Defense; and
(B) does not include a contractor of the Department
of Defense.
(2) The term ``military pilot'' means a military pilot, as
such term is used in section 61.73 of title 14, Code of Federal
Regulations (as in effect on the date of the enactment of this
Act).
SEC. 6402. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is amended to
read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for
a public purpose with no further obligation to the
Government if the Secretary decides--
``(i) the asset will remain in public use
for at least 5 years after the date the asset
is transferred;
``(ii) there is no purpose eligible for
assistance under this chapter for which the
asset should be used;
``(iii) the overall benefit of allowing the
transfer is greater than the interest of the
Government in liquidation and return of the
financial interest of the Government in the
asset, after considering fair market value and
other factors; and
``(iv) through an appropriate screening or
survey process, that there is no interest in
acquiring the asset for Government use if the
asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used
for the purpose of transit-oriented development with no
further obligation to the Government if the Secretary
decides--
``(i) the asset is a necessary component of
a proposed transit-oriented development
project;
``(ii) the transit-oriented development
project will increase transit ridership;
``(iii) at least 40 percent of the housing
units offered in the transit-oriented
development, including housing units owned by
nongovernmental entities, are legally binding
affordability restricted to tenants with
incomes at or below 60 percent of the area
median income and owners with incomes at or
below 60 percent the area median income, which
shall include at least 20 percent of such
housing units offered restricted to tenants
with incomes at or below 30 percent of the area
median income and owners with incomes at or
below 30 percent the area median income;
``(iv) the asset will remain in use as
described in this section for at least 30 years
after the date the asset is transferred; and
``(v) with respect to a transfer to a third
party entity--
``(I) a local government authority
or nonprofit organization is unable to
receive the property;
``(II) the overall benefit of
allowing the transfer is greater than
the interest of the Government in
liquidation and return of the financial
interest of the Government in the
asset, after considering fair market
value and other factors; and
``(III) the third party has
demonstrated a satisfactory history of
construction or operating an affordable
housing development.''.
SEC. 6403. REQUIREMENT TO ESTABLISH A NATIONAL NETWORK FOR
MICROELECTRONICS RESEARCH AND DEVELOPMENT.
Section 9903(b)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended in the matter preceding subparagraph (A) by striking ``may''
and inserting ``shall''.
SEC. 6404. DEFINITION OF STATE FOR PURPOSES OF OMNIBUS CRIME CONTROL
AND SAFE STREETS ACT OF 1968.
Section 901(a)(2) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251(a)(2)) is amended by striking
``Northern Mariana Islands'' and all that follows through
``Commonwealth of the Northern Mariana Islands.'' and inserting
``Northern Mariana Islands;''.
SEC. 6405. ADVANCING MUTUAL INTERESTS AND GROWING OUR SUCCESS.
(a) Nonimmigrant Traders and Investors.--For purposes of clauses
(i) and (ii) of section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered
to be a foreign state described in such section if the Government of
Portugal provides similar nonimmigrant status to nationals of the
United States.
(c) Modification of Eligibility Criteria for E Visas.--Section
101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``(or, in the case of an alien who
acquired the relevant nationality through a financial
investment and who has not previously been granted
status under this subparagraph, the foreign state of
which the alien is a national and in which the alien
has been domiciled for a continuous period of not less
than 3 years at any point before applying for a
nonimmigrant visa under this subparagraph)'' before ``,
and the spouse''; and
(B) by striking ``him'' and inserting ``such
alien''; and
(2) by striking ``he'' each place such term appears and
inserting ``the alien''.
SEC. 6406. DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHALLENGE GRANT
PROGRAM.
(a) Governors Challenge Program.--The Secretary of Veterans Affairs
shall carry out a grant program to be known as the ``Governors
Challenge Program'' under which the Secretary shall provide technical
assistance to States and American Indian and Alaska Native tribes for
the development of veteran suicide prevention activities.
(b) Governors Challenge Implementation Grant Program.--
(1) Authority.--The Secretary of Veterans Affairs shall
carry out a grant program, to be known as the ``Governors
Challenge Implementation Grant Program'' under which the
Secretary shall make grants to eligible entities for the
purpose of developing and implementing plans developed by the
entities to prevent veteran suicides.
(2) Eligible entities.--For purposes of the grant program
under paragraph (1), an eligible entity is a State or an
American Indian or Alaska Native tribe--
(A) that--
(i) in the case of a State, develops a
veteran suicide prevention plan, known as a
``Governors Challenge Action Plan''; or
(ii) in the case of an American Indian or
Alaska Native tribe, develops a veteran suicide
prevention plan; and
(B) that submits to the Secretary a proposal for
the implementation of such plan that contains such
information and assurances as the Secretary may
require.
(3) Award of grant.--The Secretary shall award grants under
this subsection as follows:
(A) For fiscal year 2022, the Secretary shall award
grants to 20 eligible entities.
(B) For each of fiscal years 2023 and 2024, the
Secretary shall award grants to 24 eligible entities.
(4) Amount of grant; limitation.--
(A) Amount.--The recipient of a grant under this
subsection shall receive an amount of not more than
$500,000 for any fiscal year for a maximum of three
years.
(B) Limitation on use of funds.--The recipient of a
grant under this subsection may not use more than ten
percent of the amount of the grant for administrative
costs.
(5) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection--
(i) $10,000,000 for fiscal year 2022;
(ii) $12,000,000 for fiscal year 2023; and
(iii) $14,000,000 for fiscal year 2024.
(B) Relationship to other amounts.--Amounts
authorized to be appropriated pursuant to subparagraph
(A) shall be in addition to any other amounts otherwise
available for the Governors Challenge Program.
SEC. 6407. FOREIGN CORRUPTION ACCOUNTABILITY.
(a) Findings.--Congress finds the following:
(1) When public officials and their allies use the
mechanisms of government to engage in extortion or bribery,
they impoverish their countries' economic health and harm
citizens.
(2) By empowering the United States Government to hold to
account foreign public officials and their associates who
engage in extortion or bribery, the United States can deter
malfeasance and ultimately serve the citizens of fragile
countries suffocated by corrupt bureaucracies.
(3) The Special Inspector General for Afghan
Reconstruction's 2016 report ``Corruption in Conflict: Lessons
from the U.S. Experience in Afghanistan'' included the
recommendation, ``Congress should consider enacting legislation
that authorizes sanctions against foreign government officials
or their associates who engage in corruption.''.
(b) Authorization of Imposition of Sanctions.--
(1) In general.--The President may impose the sanctions
described in paragraph (2) with respect to any foreign person
who is an individual the President determines--
(A) engages in public corruption activities against
a United States person, including--
(i) soliciting or accepting bribes;
(ii) using the authority of the state to
extort payments; or
(iii) engaging in extortion; or
(B) conspires to engage in, or knowingly and
materially assists, sponsors, or provides significant
financial, material, or technological support for any
of the activities described in subparagraph (A).
(2) Sanctions described.--
(A) Inadmissibility to united states.--A foreign
person who is subject to sanctions under this section
shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of a foreign person who is
subject to sanctions under this section shall
be revoked regardless of when such visa or
other entry documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(3) Exception to comply with law enforcement objectives and
agreement regarding headquarters of united nations.--Sanctions
described under paragraph (2) shall not apply to a foreign
person if admitting the person into the United States--
(A) would further important law enforcement
objectives; or
(B) is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States.
(4) Termination of sanctions.--The President may terminate
the application of sanctions under this subsection with respect
to a foreign person if the President determines and reports to
the appropriate congressional committees not later than 15 days
before the termination of the sanctions that--
(A) the person is no longer engaged in the activity
that was the basis for the sanctions or has taken
significant verifiable steps toward stopping the
activity;
(B) the President has received reliable assurances
that the person will not knowingly engage in activity
subject to sanctions under this part in the future; or
(C) the termination of the sanctions is in the
national security interests of the United States.
(5) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this subsection.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives; and
(B) the Committee on the Judiciary, the Committee
on Banking, Housing, and Urban Affairs, and the
Committee on Foreign Relations of the Senate.
(c) Reports to Congress.--
(1) In general.--The President shall submit to the
appropriate congressional committees, in accordance with
paragraph (2), a report that includes--
(A) a list of each foreign person with respect to
whom the President imposed sanctions pursuant to
subsection (b) during the year preceding the submission
of the report;
(B) the number of foreign persons with respect to
which the President--
(i) imposed sanctions under subsection
(b)(1) during that year; and
(ii) terminated sanctions under subsection
(b)(4) during that year;
(C) the dates on which such sanctions were imposed
or terminated, as the case may be;
(D) the reasons for imposing or terminating such
sanctions;
(E) the total number of foreign persons considered
under subsection (b)(3) for whom sanctions were not
imposed; and
(F) recommendations as to whether the imposition of
additional sanctions would be an added deterrent in
preventing public corruption.
(2) Dates for submission.--
(A) Initial report.--The President shall submit the
initial report under paragraph (1) not later than 120
days after the date of the enactment of this Act.
(B) Subsequent reports.--The President shall submit
a subsequent report under paragraph (1) on December 10,
or the first day thereafter on which both Houses of
Congress are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before December 10 of that calendar
year; and
(ii) each calendar year thereafter.
(3) Form of report.--
(A) In general.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(B) Exception.--The name of a foreign person to be
included in the list required by paragraph (1)(A) may
be submitted in the classified annex authorized by
subparagraph (A) only if the President--
(i) determines that it is vital for the
national security interests of the United
States to do so; and
(ii) uses the annex in a manner consistent
with congressional intent and the purposes of
this Act.
(4) Public availability.--
(A) In general.--The unclassified portion of the
report required by paragraph (1) shall be made
available to the public, including through publication
in the Federal Register.
(B) Nonapplicability of confidentiality requirement
with respect to visa records.--The President shall
publish the list required by paragraph (1)(A) without
regard to the requirements of section 222(f) of the
Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the
United States.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations, the Committee
on Foreign Affairs, the Committee on Financial
Services, and the Committee on the Judiciary of the
House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
(d) Sunset.--
(1) In general.--The authority to impose sanctions under
subsection (b) and the requirements to submit reports under
subsection (c) shall terminate on the date that is 6 years
after the date of enactment of this Act.
(2) Continuation in effect of sanctions.--Sanctions imposed
under subsection (b) on or before the date specified in
paragraph (1), and in effect as of such date, shall remain in
effect until terminated in accordance with the requirements of
subsection (b)(4).
(e) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) United states person.--The term ``United States
person'' means a person that is a United States citizen,
permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United
States.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
SEC. 6408. JUSTICE FOR VICTIMS OF KLEPTOCRACY.
(a) Forfeited Property.--
(1) In general.--Chapter 46 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 988. Accounting of certain forfeited property
``(a) Accounting.--The Attorney General shall make available to the
public an accounting of any property relating to foreign government
corruption that is forfeited to the United States under section 981 or
982.
``(b) Format.--The accounting described under subsection (a) shall
be published on the website of the Department of Justice in a format
that includes the following:
``(1) A heading as follows: `Assets stolen from the people
of ______ and recovered by the United States', the blank space
being filled with the name of the foreign government that is
the target of corruption.
``(2) The total amount recovered by the United States on
behalf of the foreign people that is the target of corruption
at the time when such recovered funds are deposited into the
Department of Justice Asset Forfeiture Fund or the Department
of the Treasury Forfeiture Fund.
``(c) Updated Website.--The Attorney General shall update the
website of the Department of Justice to include an accounting of any
new property relating to foreign government corruption that has been
forfeited to the United States under section 981 or 982 not later than
14 days after such forfeiture, unless such update would compromise an
ongoing law enforcement investigation.''.
(2) Clerical amendment.--The table of sections for chapter
46 of title 18, United States Code, is amended by adding at the
end the following:
``988. Accounting of certain forfeited property.''.
(b) Sense of Congress.--It is the sense of Congress that recovered
assets be returned for the benefit of the people harmed by the
corruption under conditions that reasonably ensure the transparent and
effective use, administration and monitoring of returned proceeds.
SEC. 6409. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS AFFAIRS OPEN
BURN PIT REGISTRY TO INCLUDE OPEN BURN PITS IN EGYPT AND
SYRIA.
Section 201(c)(2) of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note) is amended, in the matter before subparagraph (A), by striking
``or Iraq'' and inserting ``, Iraq, Egypt, or Syria''.
SEC. 6410. 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.
Section 3103 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) In the case of a veteran who is eligible for a vocational
rehabilitation program under this chapter and who is prevented from
participating in the vocational rehabilitation program within the
period of eligibility prescribed in subsection (a) because of a covered
reason, as determined by the Secretary, such period of eligibility--
``(A) shall not run during the period the veteran is so
prevented from participating in such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the
veteran is able to resume participation in a vocational
rehabilitation program under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program, as
determined by the Secretary.''.
SEC. 6411. 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.
(a) Montgomery GI Bill.--Section 3031 of title 38, United States
Code, is amended--
(1) in subsection (a), by inserting ``and subsection (i)''
after ``through (g)''; and
(2) by adding at the end the following new subsection:
``(i)(1) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing the
individual's chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise
applicable under this section because of a covered reason, as
determined by the Secretary, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the
individual is able to resume pursuit of a program of
education with educational assistance under this
chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the individual from
pursuing the individual's chosen program of education, as
determined by the Secretary.''.
(b) Post-9/11 Educational Assistance.-- Section 3321(b)(1) of such
title is amended--
(1) by inserting ``(A)'' before ``Subsections'';
(2) by striking ``and (d)'' and inserting ``(d), and (i)'';
and
(3) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 of this title shall
apply with respect to the running of the 15-year period
described in paragraphs (4)(A) and (5)(A) of this subsection in
the same manner as such subsection applies under section 3031
with respect to the running of the 10-year period described in
section 3031(a).''.
SEC. 6412. EXEMPTION OF CERTAIN HOMELAND SECURITY FEES FOR CERTAIN
IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE
PURPLE HEART.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall include
on a certain application or petition an opportunity for certain
immediate relatives of an individual who was awarded the Purple Heart
to identify themselves as such an immediate relative.
(b) Fee Exemption.--The Secretary shall exempt certain immediate
relatives of an individual who was awarded the Purple Heart, who
identifies as such an immediate relative on a certain application or
petition, from a fee with respect to a certain application or petition
and any associated fee for biometrics.
(c) Pending Applications and Petitions.--The Secretary of Homeland
Security may waive fees for a certain application or petition and any
associated fee for biometrics for certain immediate relatives of an
individual who was awarded the Purple Heart, if such application or
petition is submitted not more than 90 days after the date of the
enactment of this Act.
(d) Definition.--In this section:
(1) Certain application or petition.--The term ``certain
application or petition'' means--
(A) an application using Form-400, Application for
Naturalization (or any successor form); or
(B) a petition using Form I-360, Petition for
Amerasian, Widow(er), or Special Immigrant (or any
successor form).
(2) Certain immediate relatives of an individual who was
awarded the purple heart.--The term ``certain immediate
relatives of an individual who was awarded the Purple Heart''
means an immediate relative of a living or deceased member of
the Armed Forces who was awarded the Purple Heart and who is
not a person ineligible for military honors pursuant to section
985(a) of title 10, United States Code.
(3) Immediate relative.--The term ``immediate relative''
has the meaning given such term in section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)).
SEC. 6413. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD WAR II IN
THE UNITED STATES MERCHANT MARINE.
(a) Establishment of Compensation Fund.--Subchapter II of chapter 5
of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 534. Merchant Mariner Equity Compensation Fund
``(a) Compensation Fund.--(1) There is in the general fund of the
Treasury a fund to be known as the `Merchant Mariner Equity
Compensation Fund' (in this section referred to as the `compensation
fund').
``(2) Subject to the availability of appropriations provided in
advance in a appropriations Act specifically for the purpose of
carrying out this section, and no other funding source, amounts in the
compensation fund shall be available to the Secretary without fiscal
year limitation to make payments to eligible individuals in accordance
with this section.
``(b) Eligible Individuals.--(1) An eligible individual is an
individual who--
``(A) during the one-year period beginning on the date of
the enactment of this section, submits to the Secretary an
application containing such information and assurances as the
Secretary may require;
``(B) has not received benefits under the Servicemen's
Readjustment Act of 1944 (Public Law 78-346); and
``(C) has engaged in qualified service.
``(2) For purposes of paragraph (1), a person has engaged in
qualified service if, between December 7, 1941, and December 31, 1946,
the person--
``(A) was a member of the United States merchant marine
(including the Army Transport Service and the Naval Transport
Service) serving as a crewmember of a vessel that was--
``(i) operated by the War Shipping Administration
or the Office of Defense Transportation (or an agent of
the Administration or Office);
``(ii) operated in waters other than inland waters,
the Great Lakes, and other lakes, bays, and harbors of
the United States;
``(iii) under contract or charter to, or property
of, the Government of the United States; and
``(iv) serving the Armed Forces; and
``(B) while so serving, was licensed or otherwise
documented for service as a crewmember of such a vessel by an
officer or employee of the United States authorized to license
or document the person for such service.
``(3) In determining the information and assurances required in the
application pursuant to paragraph (1)(A), the Secretary shall accept a
DD-214 form as proof of qualified service.
``(c) Amount of Payment.--The Secretary shall make one payment out
of the compensation fund in the amount of $25,000 to an eligible
individual. The Secretary shall make such a payment to eligible
individuals in the order in which the Secretary receives the
applications of the eligible individuals. Payments may only be made
subject to the availability of funds provided in advance in an
appropriations Act for this purpose.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2022 $125,000,000 for the compensation
fund. Such amount shall remain available until expended.
``(e) Reports.--The Secretary shall include, in documents submitted
to Congress by the Secretary in support of the President's budget for
each fiscal year, detailed information on the operation of the
compensation fund, including the number of applicants, the number of
eligible individuals receiving benefits, the amounts paid out of the
compensation fund, the administration of the compensation fund, and an
estimate of the amounts necessary to fully fund the compensation fund
for that fiscal year and each of the three subsequent fiscal years.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prescribe the regulations
required under section 534(f) of title 38, United States Code, as added
by subsection (a).
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
532 the following new item:
``534. Merchant Mariner Equity Compensation Fund.''.
SEC. 6414. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL
RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil Relief Act
(50 U.S.C. 3912) is amended by adding at the end the following new
subsection:
``(d) Written Consent Required for Arbitration.--Notwithstanding
any other provision of law, whenever a contract with a servicemember,
or a servicemember and the servicemember's spouse jointly, provides for
the use of arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if, after such
controversy arises, all parties to such controversy consent in writing
to use arbitration to settle such controversy.''.
(b) Applicability.--Subsection (d) of such section, as added by
subsection (a), shall apply with respect to contracts entered into,
amended, altered, modified, renewed, or extended after the date of the
enactment of this Act.
SEC. 6415. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil Relief
Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to waivers made on or after the date of the
enactment of this Act.
SEC. 6416. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C.
4042(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
notwithstanding any previous agreement to the contrary,'' after
``may''; and
(2) in paragraph (3), by striking ``, notwithstanding any
previous agreement to the contrary''.
SEC. 6417. PROHIBITION ON UNITED STATES PERSONS FROM PURCHASING OR
SELLING RUSSIAN SOVEREIGN DEBT.
(a) Prohibition.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall issue
regulations to prohibit United States persons from purchasing
or selling Russian sovereign debt that is issued or executed on
or after the date that is 60 days after such date of enactment.
(2) Russian sovereign debt defined.--In this subsection,
the term ``Russian sovereign debt'' means--
(A) bonds issued by the Russian Central Bank, the
Russian National Wealth Fund, the Russian Federal
Treasury, or agents or affiliates of any such
institution, regardless of the currency in which they
are denominated and with a maturity of more than 14
days;
(B) foreign exchange swap agreements with the
Russian Central Bank, the Russian National Wealth Fund,
or the Russian Federal Treasury, regardless of the
currency in which they are denominated and with a
duration of more than 14 days; and
(C) any other financial instrument, the maturity or
duration of which is more than 14 days, that the
President determines represents the sovereign debt of
Russia.
(3) Requirement to publish guidance.--The President shall
publish guidance on the implementation of the regulations
issued pursuant to paragraph (1) concurrently with the
publication of such regulations.
(b) Report.--
(1) In general.--Not later than 90 days after the regularly
scheduled general election for Federal office in 2022, and each
regularly scheduled general election for Federal office
thereafter, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, the Director of the National Security Agency,
and the Director of the Central Intelligence Agency, shall
submit to the President, the Secretary of State, the Secretary
of the Treasury, and the appropriate congressional committees
and leadership a report on whether there is or is not
significant evidence available for the Director to determine
that the Government of Russia, or any person acting as an agent
of or on behalf of that government, knowingly engaged in
interference in such general election or any other election for
Federal office held since the most recent prior regularly
scheduled general election for Federal office, including an
identification of any officials of that government, or persons
acting aagents of or on behalf of that government, that
knowingly engaged in interference in any such election.
(2) Additional report.--If the Director of Intelligence--
(A) determines in a report submitted under
paragraph (1) that there is not significant evidence
available for the Director to determine that the
Government of Russia, or any person acting as an agent
of or on behalf of that government, knowingly engaged
in interference in any election described in paragraph
(1); and
(B) subsequently determines that there is
significant evidence available for the Director to make
such a determination, the Director shall submit to the
President, the Secretary of State, the Secretary of the
Treasury, and the appropriate congressional committees
and leadership a report on such subsequent
determination not later than 30 days after making that
determination.
(3) Form.--Each report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(c) Suspension Authority.--
(1) In general.--The President may, for the period of time
described in paragraph (3), suspend the application of any
prohibition on United States persons from engaging in
transactions described in subsection (a) if, not later than 30
days after the date on which a report described in subsection
(b) is submitted to the officials described in subsection (b)
and the appropriate congressional committees and leadership
with respect to a regularly scheduled general election for
Federal office, the President--
(A) determines that there is not significant
evidence available for the President to determine that
the Government of Russia, or any person acting as an
agent of or on behalf of that government, knowingly
engaged in interference in such general election or any
other election for Federal office held since the most
recent prior regularly scheduled general election for
Federal office; and
(B) submits to the appropriate congressional
committees and leadership a report that contains the
determination of the President under subparagraph (A)
and a justification for the determination.
(2) Clarification regarding suspension.--If--
(A) the President suspends the application of any
prohibition on United States persons from engaging in
transactions described in subsection (a);
(B) such United States persons engage in
transactions described in subsection (a) involving
Russian sovereign debt that is issued during the period
of time in which the suspension is in effect; and
(C) such United States persons are subject to the
application of any prohibition on United States persons
from engaging in transactions described in subsection
(a) after such period of time in which the suspension
is in effect, such United States persons may not be
subject to any prohibition on United States persons
from engaging in transactions described in subsection
(a) with respect to engaging in transactions involving
Russian sovereign debt described in subparagraph (B).
(3) Time period described.--The period of time described in
this paragraph is the period--
(A) beginning after the 60-day period described in
paragraph (1)(B); and
(B) ending on or before the date that is 60 days
after the date of the next regularly scheduled general
election for Federal office.
(d) Waiver Authority.--The President may waive the application of
any prohibition on United States persons from engaging in transactions
described in subsection (a) if the President--
(1) determines that the waiver is in the vital national
security interests of the United States; and
(2) submits to the appropriate congressional committees and
leadership a report that contains the determination of the
President under subparagraph (A).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on Finance, the Select Committee on
Intelligence, and the Committee on Rules and
Administration of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Ways and
Means, the Permanent Select Committee on Intelligence,
and the Committee on House Administration of the House
of Representatives.
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader of the
Senate; and
(C) the Speaker, the majority leader, and the
minority leader of the House of Representatives.
(3) Elections for federal office.--The term ``elections for
Federal office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), except
that such term does not include a special election.
(4) Interference in elections for federal office.--The term
``interference'', with respect to an election for Federal
office:
(A) Means any of the following actions of the
government of a foreign country, or any person acting
as an agent of or on behalf of such a government,
undertaken with the intent to influence the election:
(i) Obtaining unauthorized access to
election and campaign infrastructure or related
systems or data and releasing such data or
modifying such infrastructure, systems, or
data.
(ii) Blocking or degrading otherwise
legitimate and authorized access to election
and campaign infrastructure or related systems
or data.
(iii) Contributions or expenditures for
advertising, including on the internet.
(iv) Using social or traditional media to
spread significant amounts of false information
to individuals in the United States.
(B) Does not include communications clearly
attributable to news and media outlets which are
publicly and explicitly either controlled or in large
part funded by the government of a foreign country.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 6418. ADDITION OF VIRGIN ISLANDS VISA WAIVER TO GUAM AND NORTHERN
MARIANA ISLANDS VISA WAIVER.
(a) In General.--Section 212(l) of the Immigration and Nationality
Act (8 U.S.C. 1182(l)) is amended to read as follows:
``(l) Guam and Northern Mariana Islands Visa Waiver Program; Virgin
Islands Visa Waiver Program.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien applying for admission as a
nonimmigrant visitor for business or pleasure and solely for
entry into and stay in Guam or the Commonwealth of the Northern
Mariana Islands, or the Virgin Islands of the United States,
for a period not to exceed 45 days, if the Secretary of
Homeland Security, after consultation with the Secretary of the
Interior, the Secretary of State, and the Governor of Guam and
the Governor of the Commonwealth of the Northern Mariana
Islands, or the Governor of the Virgin Islands of the United
States, as the case may be, determines that--
``(A) an adequate arrival and departure control
system has been developed in Guam and the Commonwealth
of the Northern Mariana Islands, and the Virgin Islands
of the United States; and
``(B) such a waiver does not represent a threat to
the welfare, safety, or security of the United States
or its territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided
a waiver under this subsection unless the alien has waived any
right--
``(A) to review or appeal under this Act an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
Guam or the Commonwealth of the Northern Mariana
Islands, or the Virgin Islands of the United States; or
``(B) to contest, other than on the basis of an
application for withholding of removal under section
241(b)(3) of this Act or under the Convention Against
Torture, or an application for asylum if permitted
under section 208 of this Act, any action for removal
of the alien.
``(3) Regulations.--All necessary regulations to implement
this subsection shall be promulgated by the Secretary of
Homeland Security, in consultation with the Secretary of the
Interior and the Secretary of State. The promulgation of such
regulations shall be considered a foreign affairs function for
purposes of section 553(a) of title 5, United States Code. At a
minimum, such regulations should include, but not necessarily
be limited to--
``(A) a listing of all countries whose nationals
may obtain the waivers provided by this subsection; and
``(B) any bonding requirements for nationals of
some or all of those countries who may present an
increased risk of overstays or other potential
problems, if different from such requirements otherwise
provided by law for nonimmigrant visitors.
``(4) Factors.--In determining whether to grant or continue
providing the waiver under this paragraph to nationals of any
country, the Secretary of Homeland Security, in consultation
with the Secretary of the Interior and the Secretary of State,
shall consider all factors that the Secretary deems relevant,
including electronic travel authorizations, procedures for
reporting lost and stolen passports, repatriation of aliens,
rates of refusal for nonimmigrant visitor visas, overstays,
exit systems, and information exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and the
Commonwealth of the Northern Mariana Islands, and the Virgin
Islands of the United States, under this subsection. If the
Secretary determines that such admissions have resulted in an
unacceptable number of visitors from a country remaining
unlawfully in Guam or the Commonwealth of the Northern Mariana
Islands, or the Virgin Islands of the United States, unlawfully
obtaining entry to other parts of the United States, or seeking
withholding of removal or asylum, or that visitors from a
country pose a risk to law enforcement or security interests of
Guam or the Commonwealth of the Northern Mariana Islands, or
the Virgin Islands of the United States, or of the United
States (including the interest in the enforcement of the
immigration laws of the United States), the Secretary shall
suspend the admission of nationals of such country under this
subsection. The Secretary of Homeland Security may in the
Secretary's discretion suspend the Guam and Northern Mariana
Islands visa waiver program, or the Virgin Islands visa waiver
program, at any time, on a country-by-country basis, for other
good cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands,
or the Governor of the Virgin Islands of the United States, may
request the Secretary of the Interior and the Secretary of
Homeland Security to add a particular country to the list of
countries whose nationals may obtain the waiver provided by
this subsection, and the Secretary of Homeland Security may
grant such request after consultation with the Secretary of the
Interior and the Secretary of State, and may promulgate
regulations with respect to the inclusion of that country and
any special requirements the Secretary of Homeland Security, in
the Secretary's sole discretion, may impose prior to allowing
nationals of that country to obtain the waiver provided by this
subsection.''.
(b) Regulations Deadline.--Not later than one year after the date
of enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of the Interior and the Secretary of
State, shall promulgate any necessary regulations as described in
subsection (a) required to implement the waiver provided in such
subsection for the Virgin Islands.
(c) Waiver Countries.--The regulations described in subsection (b)
shall include a listing of all member or associate member countries of
the Caribbean Community (CARICOM) whose nationals may obtain, on a
country-by-country basis, the waiver provided by this section, except
that such regulations shall not provide for a listing of any country if
the Secretary of Homeland Security determines that such country's
inclusion on such list would represent a threat to the welfare, safety,
or security of the United States or its territories and commonwealths.
(d) Conforming Amendments.--
(1) Documentation requirements.--Section 212(a)(7)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(7)(B)(iii)) is amended to read as follows:
``(iii) Special visa waiver programs.--For
a provision authorizing waiver of clause (i) in
the case of visitors to Guam or the
Commonwealth of the Northern Mariana Islands,
or the Virgin Islands of the United States, see
subsection (l).''.
(2) Admission of nonimmigrants.--Section 214(a)(1) of such
Act (8 U.S.C. 1184(a)(1)) is amended by striking ``Guam or the
Commonwealth of the Northern Mariana Islands'' each place such
term appears and inserting ``Guam or the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands of the United
States''.
(e) Fees.--The Secretary of Homeland Security shall establish an
administrative processing fee to be charged and collected from
individuals seeking to enter the Virgin Islands in accordance with
section 212(l) of the Immigration and Nationality Act (8 U.S.C.
1182(l)), as amended by this Act. Such fee shall be set at a level that
will ensure recovery of the full costs of such processing, any
additional costs associated with the administration of the fees
collected, and any sums necessary to offset reduced collections of the
nonimmigrant visa fee or the electronic travel authorization fee that
otherwise would have been collected from such individuals.
SEC. 6419. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS RELEASE
INVENTORY.
Section 7321 of the PFAS Act of 2019 (15 U.S.C. 8921) is amended--
(1) in subsection (b), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to a chemical described in paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises the
threshold for reporting such chemical to 10,000 pounds.'';
(2) in subsection (c), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances included in
the toxics release inventory under paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises the
threshold for reporting such substances and class of substances
to 10,000 pounds.''; and
(3) in subsection (d), by adding at the end the following:
``(4) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances described in
paragraph (2) unless the Administrator sets a 10,000 pound
reporting threshold for such substances and classes of
substances.''.
SEC. 6420. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.
(a) National Drinking Water Regulations.--Section 1412(b) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)) is amended by adding at
the end the following:
``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) In general.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall, after notice and opportunity for public comment,
promulgate a national primary drinking water regulation
for perfluoroalkyl and polyfluoroalkyl substances,
which shall, at a minimum, include standards for--
``(i) perfluorooctanoic acid (commonly
referred to as `PFOA'); and
``(ii) perfluorooctane sulfonic acid
(commonly referred to as `PFOS').
``(B) Alternative procedures.--
``(i) In general.--Not later than 1 year
after the validation by the Administrator of an
equally effective quality control and testing
procedure to ensure compliance with the
national primary drinking water regulation
promulgated under subparagraph (A) to measure
the levels described in clause (ii) or other
methods to detect and monitor perfluoroalkyl
and polyfluoroalkyl substances in drinking
water, the Administrator shall add the
procedure or method as an alternative to the
quality control and testing procedure described
in such national primary drinking water
regulation by publishing the procedure or
method in the Federal Register in accordance
with section 1401(1)(D).
``(ii) Levels described.--The levels
referred to in clause (i) are--
``(I) the level of a perfluoroalkyl
or polyfluoroalkyl substance;
``(II) the total levels of
perfluoroalkyl and polyfluoroalkyl
substances; and
``(III) the total levels of organic
fluorine.
``(C) Inclusions.--The Administrator may include a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances on--
``(i) the list of contaminants for
consideration of regulation under paragraph
(1)(B)(i), in accordance with such paragraph;
and
``(ii) the list of unregulated contaminants
to be monitored under section 1445(a)(2)(B)(i),
in accordance with such section.
``(D) Monitoring.--When establishing monitoring
requirements for public water systems as part of a
national primary drinking water regulation under
subparagraph (A) or subparagraph (G)(ii), the
Administrator shall tailor the monitoring requirements
for public water systems that do not detect or are
reliably and consistently below the maximum contaminant
level (as defined in section 1418(b)(2)(B)) for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances subject to
the national primary drinking water regulation.
``(E) Health protection.--The national primary
drinking water regulation promulgated under
subparagraph (A) shall be protective of the health of
subpopulations at greater risk, as described in section
1458.
``(F) Health risk reduction and cost analysis.--In
meeting the requirements of paragraph (3)(C), the
Administrator may rely on information available to the
Administrator with respect to one or more specific
perfluoroalkyl or polyfluoroalkyl substances to
extrapolate reasoned conclusions regarding the health
risks and effects of a class of perfluoroalkyl or
polyfluoroalkyl substances of which the specific
perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(G) Regulation of additional substances.--
``(i) Determination.--The Administrator
shall make a determination under paragraph
(1)(A), using the criteria described in clauses
(i) through (iii) of that paragraph, whether to
include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances in the national
primary drinking water regulation under
subparagraph (A) not later than 18 months after
the later of--
``(I) the date on which the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances is listed on
the list of contaminants for
consideration of regulation under
paragraph (1)(B)(i); and
``(II) the date on which--
``(aa) the Administrator
has received the results of
monitoring under section
1445(a)(2)(B) for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances; or
``(bb) the Administrator
has received reliable water
data or water monitoring
surveys for the perfluoroalkyl
or polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances from
a Federal or State agency that
the Administrator determines to
be of a quality sufficient to
make a determination under
paragraph (1)(A).
``(ii) Primary drinking water
regulations.--
``(I) In general.--For each
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the
Administrator determines to regulate
under clause (i), the Administrator--
``(aa) not later than 18
months after the date on which
the Administrator makes the
determination, shall propose a
national primary drinking water
regulation for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances; and
``(bb) may publish the
proposed national primary
drinking water regulation
described in item (aa)
concurrently with the
publication of the
determination to regulate the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances.
``(II) Deadline.--
``(aa) In general.--Not
later than 1 year after the
date on which the Administrator
publishes a proposed national
primary drinking water
regulation under clause (i)(I)
and subject to item (bb), the
Administrator shall take final
action on the proposed national
primary drinking water
regulation.
``(bb) Extension.--The
Administrator, on publication
of notice in the Federal
Register, may extend the
deadline under item (aa) by not
more than 6 months.
``(H) Health advisory.--
``(i) In general.--Subject to clause (ii),
the Administrator shall publish a health
advisory under paragraph (1)(F) for a
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances not subject to a national primary
drinking water regulation not later than 1 year
after the later of--
``(I) the date on which the
Administrator finalizes a toxicity
value for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances; and
``(II) the date on which the
Administrator validates an effective
quality control and testing procedure
for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances.
``(ii) Waiver.--The Administrator may waive
the requirements of clause (i) with respect to
a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl and polyfluoroalkyl
substances if the Administrator determines that
there is a substantial likelihood that the
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances will not occur in drinking water
with sufficient frequency to justify the
publication of a health advisory, and publishes
such determination, including the information
and analysis used, and basis for, such
determination, in the Federal Register.''.
(b) Enforcement.--Notwithstanding any other provision of law, the
Administrator of the Environmental Protection Agency may not impose
financial penalties for the violation of a national primary drinking
water regulation (as defined in section 1401 of the Safe Drinking Water
Act (42 U.S.C. 300f)) with respect to a perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl
substances for which a national primary drinking water regulation has
been promulgated under section 1412(b)(16) of the Safe Drinking Water
Act earlier than the date that is 5 years after the date on which the
Administrator promulgates the national primary drinking water
regulation.
SEC. 6421. PFAS DATA CALL.
Section 8(a)(7) of the Toxic Substances Control Act (15 U.S.C.
2607(a)(7)) is amended by inserting ``that contains at least one fully
fluorinated carbon atom,'' after ``perfluoroalkyl or polyfluoroalkyl
substance''.
SEC. 6422. EPA REQUIREMENT FOR SUBMISSION OF ANALYTICAL REFERENCE
STANDARDS FOR PFAS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall require each covered entity to submit to the
Administrator an analytical reference standard for each perfluoroalkyl
or polyfluoroalkyl substance with at least one fully fluorinated carbon
atom manufactured by the covered entity after the date that is 10 years
prior to the date of enactment of this Act.
(b) Uses.--The Administrator may--
(1) use an analytical reference standard submitted under
this section only for--
(A) the development of information, protocols, and
methodologies, which may be carried out by an entity
determined appropriate by the Administrator; and
(B) activities relating to the implementation or
enforcement of Federal requirements; and
(2) provide an analytical reference standard submitted
under this section to a State, to be used only for--
(A) the development of information, protocols, and
methodologies, which may be carried out by an entity
determined appropriate by the State; and
(B) activities relating to the implementation or
enforcement of State requirements.
(c) Prohibition.--No person receiving an analytical reference
standard submitted under this section may use or transfer the
analytical reference standard for a commercial purpose.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered entity.--The term ``covered entity'' means a
manufacturer of a perfluoroalkyl or polyfluoroalkyl substance
with at least one fully fluorinated carbon atom.
(3) Manufacture; state.--The terms ``manufacture'' and
``State'' have the meanings given those terms in section 3 of
the Toxic Substances Control Act (15 U.S.C. 2602).
SEC. 6423. REVIEW OF STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM.
The Director of the Office of Management and Budget shall not later
than 30 days after the date of the enactment of this Act, categorize
public safety telecommunicators as a protective service occupation
under the Standard Occupational Classification System.
SEC. 6424. ELIGIBILITY FOR INTERMENT IN NATIONAL CEMETERIES.
(a) In General.--Section 2402(a)(10) of title 38, United States
Code, is amended--
(1) by striking the period at the end and inserting ``;
or''; and
(2) by adding at the end the following new subparagraph:
``(B) who--
``(i) the Secretary determines served
honorably with a special guerrilla unit or
irregular forces operating from a base in Laos
in support of the Armed Forces of the United
States at any time during the period beginning
February 28, 1961, and ending May 7, 1975; and
``(ii) at the time of the individual's
death--
``(I) was a citizen of the United
States or an alien lawfully admitted
for permanent residence in the United
States; and
``(II) resided in the United
States.''.
(b) Effective Date.--The amendments made by this section shall have
effect as if included in the enactment of section 251(a) of title II of
the Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2018 (division J of Public Law 115-141; 132 Stat.
824).
SEC. 6425. AFGHANISTAN REFUGE SPECIAL ENVOY.
(a) In General.--There is established in the Executive Office of
the President an Afghanistan Refuge Special Envoy.
(b) Responsibilities.--The Afghanistan Refuge Special Envoy shall--
(1) coordinate with the Secretary of State and the heads of
other relevant Executive agencies (as defined under section 105
of title 5, United States Code) to oversee the evacuation of
persons from Afghanistan to the United States; and
(2) coordinate with the Director of the Office of Refugee
Resettlement to connect individuals evacuated from Afghanistan
to the United States with organizations that can facilitate the
resettlement of such individuals in the United States.
(c) Appointment.--The President shall appoint the Afghanistan
Refuge Special Envoy.
(d) Non-competitive Service Position.--The position established
under this section shall not be a competitive service position.
(e) Termination.--The position established under this section shall
terminate on the date that is two years after the date of the enactment
of this Act.
SEC. 6426. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO MEMBERS OF
BOARD OF VISITORS OF MILITARY ACADEMIES WHOSE TERMS HAVE
EXPIRED.
(a) United States Military Academy.--Section 7455(b) of title 10,
United States Code, is amended by striking ``is appointed'' and
inserting ``is appointed by the President''.
(b) United States Naval Academy.--Section 8468(b) of title 10,
United States Code, is amended by striking ``is appointed'' and
inserting ``is appointed by the President''.
(c) United States Air Force Academy.--Section 9455(b)(1) of title
10, United States Code, is amended by striking ``is designated'' and
inserting ``is designated by the President''.
(d) United States Coast Guard Academy.--Section 1903(b)(2)(B) of
title 14, United States Code, is amended by striking ``is appointed''
and inserting ``is appointed by the President''.
SEC. 6427. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN THE
COALITION FOR EPIDEMIC PREPAREDNESS INNOVATIONS.
(a) In General.--The United States is hereby authorized to
participate in the Coalition for Epidemic Preparedness Innovations
(``Coalition'').
(b) Designation.--The President is authorized to designate an
employee of the relevant Federal department or agency providing the
majority of United States contributions to the Coalition, who should
demonstrate knowledge and experience in the fields of development and
public health, epidemiology, or medicine, to serve--
(1) on the Investors Council of the Coalition; and
(2) if nominated by the President, on the Board of
Directors of the Coalition, as a representative of the United
States.
(c) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes the
following:
(1) The United States planned contributions to the
Coalition and the mechanisms for United States participation in
such Coalition.
(2) The manner and extent to which the United States shall
participate in the governance of the Coalition.
(3) How participation in the Coalition supports relevant
United States Government strategies and programs in health
security and biodefense, including--
(A) the Global Health Security Strategy required by
section 7058(c)(3) of division K of the Consolidated
Appropriations Act, 2018 (Public Law 115-141);
(B) the applicable revision of the National
Biodefense Strategy required by section 1086 of the
National Defense Authorization Act for Fiscal Year 2017
(6 U.S.C. 104); and
(C) any other relevant decision-making process for
policy, planning, and spending in global health
security, biodefense, or vaccine and medical
countermeasures research and development.
(d) United States Contributions.--Amounts authorized to be
appropriated under chapters 1 and 10 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) are
authorized to be made available for United States contributions to the
Coalition.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 6428. SENSE OF CONGRESS ON ROLE OF HUMAN RIGHTS IN REDUCING
VIOLENCE IN NIGERIA.
It is the sense of Congress as follows:
(1) Violence committed by Boko Haram, Islamic State in West
Africa Province, and other violent extremist groups is a grave
danger to the Nigerian people, to the broader Lake Chad Basin
region, and to the continent.
(2) Frequent terrorist attacks on individuals, churches,
and communities in Nigeria based on religious identity,
ethnicity, or other affiliation is a serious violation of human
rights.
(3) The United States Government should cooperate with
Nigeria to better support the Nigerian security forces capacity
to respond more effectively to terrorist attacks and sectarian
violence.
SEC. 6429. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS OF
PAYROLL COSTS UNDER HIGHWAY AND PUBLIC TRANSPORTATION
PROJECT COST REIMBURSEMENT CONTRACTS.
(a) In General.--Notwithstanding section 31.201-5 of title 48, Code
of Federal Regulations (or successor regulations), for the purposes of
any cost-reimbursement contract for architectural and engineering
contracts initially awarded in accordance with section 112 of title 23,
United States Code, or section 5325(b) of title 49, United States Code,
or any subcontract under such a contract, no cost reduction or cash
refund shall be due to the Department of Transportation or to a State
transportation department, transit agency, or other recipient of
assistance under chapter 1 of title 23, United States Code, or chapter
53 of title 49, United States Code, on the basis of forgiveness of the
payroll costs of a covered loan, as defined in section 7A of the Small
Business Act (15 U.S.C. 636m), pursuant to the provisions of such
section.
(b) Sunset.--This section shall expire on June 30, 2025.
SEC. 6430. GRANTS TO STATES FOR SEAL OF BILITERACY PROGRAMS.
(a) Findings.--Congress finds the following:
(1) The people of the United States celebrate cultural and
linguistic diversity and seek to prepare students with skills
to succeed in the 21st century.
(2) It is fitting to commend the dedication of students who
have achieved proficiency in multiple languages and to
encourage their peers to follow in their footsteps.
(3) The congressionally requested Commission on Language
Learning, in its 2017 report ``America's Languages: Investing
in Language Education for the 21st Century'', notes the
pressing national need for more people of the United States who
are proficient in two or more languages for national security,
economic growth, and the fulfillment of the potential of all
people of the United States.
(4) The Commission on Language Learning also notes the
extensive cognitive, educational, and employment benefits
deriving from biliteracy.
(5) Biliteracy in general correlates with higher graduation
rates, higher grade point averages, higher rates of
matriculation into higher education, and higher earnings for
all students, regardless of background.
(6) The study of America's languages in elementary and
secondary schools should be encouraged because it contributes
to a student's cognitive development and to the national
economy and security.
(7) Recognition of student achievement in language
proficiency will enable institutions of higher education and
employers to readily recognize and acknowledge the valuable
expertise of bilingual students in academia and the workplace.
(8) States such as Utah, Arizona, Washington, and New
Mexico have developed innovative testing methods for languages,
including Native American languages, where no formal
proficiency test currently exists.
(9) The use of proficiency in a government-recognized
official Native American language as the base language for a
Seal of Biliteracy, with proficiency in any additional partner
language demonstrated through tested proficiency, has been
successfully demonstrated in Hawaii.
(10) Students in every State and every school should be
able to benefit from a Seal of Biliteracy program.
(b) Definitions.--In this section:
(1) Esea definitions.--The terms ``English learner'',
``secondary school'', and ``State'' have the meanings given
those terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Native american languages.--The term ``Native American
languages'' has the meaning given the term in section 103 of
the Native American Languages Act (25 U.S.C. 2902).
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program described in section
4(a) that is established or improved, and carried out, with
funds received under this section.
(4) Second language.--The term ``second language'' means
any language other than English (or a Native American language,
pursuant to section 4(a)(2)), including Braille, American Sign
Language, or a Classical language.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(c) Grants for State Seal of Biliteracy Programs.--
(1) Establishment of program.--
(A) In general.--From amounts made available under
paragraph (6), the Secretary shall award grants, on a
competitive basis, to States to enable the States to
establish or improve, and carry out, Seal of Biliteracy
programs to recognize student proficiency in speaking,
reading, and writing in both English and a second
language.
(B) Inclusion of native american languages.--
Notwithstanding subparagraph (A), each Seal of
Biliteracy program shall contain provisions allowing
the use of Native American languages, including
allowing speakers of any Native American language
recognized as official by any American government,
including any Tribal government, to use equivalent
proficiency in speaking, reading, and writing in the
Native American language in lieu of proficiency in
speaking, reading, and writing in English.
(C) Duration.--A grant awarded under this section
shall be for a period of 2 years, and may be renewed at
the discretion of the Secretary.
(D) Renewal.--At the end of a grant term, a State
that receives a grant under this section may reapply
for a grant under this section.
(E) Limitations.--A State shall not receive more
than 1 grant under this section at any time.
(F) Return of unspent grant funds.--Each State that
receives a grant under this section shall return any
unspent grant funds not later than 6 months after the
date on which the term for the grant ends.
(2) Grant application.--A State that desires a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may require, including--
(A) a description of the criteria a student must
meet to demonstrate the proficiency in speaking,
reading, and writing in both languages necessary for
the State Seal of Biliteracy program;
(B) a detailed description of the State's plan--
(i) to ensure that English learners and
former English learners are included in the
State Seal of Biliteracy program;
(ii) to ensure that--
(I) all languages, including Native
American languages, can be tested for
the State Seal of Biliteracy program;
and
(II) Native American language
speakers and learners are included in
the State Seal of Biliteracy program,
including students at tribally
controlled schools and at schools
funded by the Bureau of Indian
Education; and
(iii) to reach students, including eligible
students described in paragraph (3)(B) and
English learners, their parents, and schools
with information regarding the State Seal of
Biliteracy program;
(C) an assurance that a student who meets the
requirements under subparagraph (A) and paragraph (3)
receives--
(i) a permanent seal or other marker on the
student's secondary school diploma or its
equivalent; and
(ii) documentation of proficiency on the
student's official academic transcript; and
(D) an assurance that a student is not charged a
fee for providing information under paragraph (3)(A).
(3) Student participation in a seal of biliteracy
program.--
(A) In general.--To participate in a Seal of
Biliteracy program, a student shall provide information
to the State that serves the student at such time, in
such manner, and including such information and
assurances as the State may require, including an
assurance that the student has met the criteria
established by the State under paragraph (2)(A).
(B) Student eligibility for participation.--A
student who gained proficiency in a second language
outside of school may apply under subparagraph (A) to
participate in a Seal of Biliteracy program.
(4) Use of funds.--Grant funds made available under this
section shall be used for--
(A) the administrative costs of establishing or
improving, and carrying out, a Seal of Biliteracy
program that meets the requirements of paragraph (2);
and
(B) public outreach and education about the Seal of
Biliteracy program.
(5) Report.--Not later than 18 months after receiving a
grant under this section, a State shall issue a report to the
Secretary describing the implementation of the Seal of
Biliteracy program for which the State received the grant.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2022 through 2026.
SEC. 6431. ANNUAL REPORT FROM THE ADVISORY COMMITTEE ON WOMEN VETERANS.
Subsection (c)(1) of section 542 of title 38, United States Code,
is amended by striking ``even-numbered year'' and inserting ``year''.
SEC. 6432. STUDY ON CONTAMINATION OF COLDWATER CREEK, MISSOURI.
(a) In General.--The Administrator of the Environmental Protection
Agency, in coordination with the Secretary of the Army, the Secretary
of Energy, the Administrator of the Agency for Toxic Substances and
Disease Registry, and other appropriate Federal agencies, shall--
(1) undertake a review of prior and ongoing efforts to
remediate radiological contamination in the vicinity of
Coldwater Creek in North St. Louis County, Missouri, associated
with historic radiological waste storage near the St. Louis
Airport;
(2) consult with State and local agencies, and
representatives of the Coldwater Creek community;
(3) take into consideration the Public Health Assessment
for the Evaluation of Community Exposure Related to Coldwater
Creek, dated April 30, 2019, and prepared by the Agency for
Toxic Substances and Disease Registry; and
(4) within 180 days of the date of enactment of this
section, issue a report to Congress on the status of efforts to
reduce or eliminate the potential human health impacts from
potential exposure to such contamination, including any
recommendations for further action.
(b) Installation of Signage to Prevent Potential Exposure Risks.--
In accordance with the recommendations of the Public Health Assessment
for the Evaluation of Community Exposure Related to Coldwater Creek,
the Administrator of the Environmental Protection Agency, in
coordination with the Secretary of the Army, shall install signage to
inform residents and visitors of potential exposure risks in areas
around Coldwater Creek where remediation efforts have not been
undertaken or completed.
SEC. 6433. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO
SERVED IN UNITED STATES CADET NURSE CORPS DURING WORLD
WAR II.
Section 106 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(g)(1)(A) Service as a member of the United States Cadet Nurse
Corps during the period beginning on July 1, 1943, and ending on
December 31, 1948, of any individual who was honorably discharged
therefrom pursuant to subparagraph (B) shall be considered active duty
for purposes of eligibility and entitlement to benefits under chapters
23 and 24 of this title (including with respect to headstones and
markers), other than such benefits relating to the interment of the
individual in Arlington National Cemetery provided solely by reason of
such service.
``(B)(i) Not later than one year after the date of the enactment of
this subsection, the Secretary of Defense shall issue to each
individual who served as a member of the United States Cadet Nurse
Corps during the period beginning on July 1, 1943, and ending on
December 31, 1948, a discharge from such service under honorable
conditions if the Secretary determines that the nature and duration of
the service of the individual so warrants.
``(ii) A discharge under clause (i) shall designate the date of
discharge. The date of discharge shall be the date, as determined by
the Secretary, of the termination of service of the individual
concerned as described in that clause.
``(2) An individual who receives a discharge under paragraph (1)(B)
for service as a member of the United States Cadet Nurse Corps shall be
honored as a veteran but shall not be entitled by reason of such
service to any benefit under a law administered by the Secretary of
Veterans Affairs, except as provided in paragraph (1)(A).
``(3) The Secretary of Defense may design and produce a service
medal or other commendation, or memorial plaque or grave marker, to
honor individuals who receive a discharge under paragraph (1)(B).''.
SEC. 6434. REPORT RELATING TO ESTABLISHMENT OF PRECLEARANCE FACILITY IN
TAIWAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of Commerce, shall submit to
the appropriate congressional committees a report that includes
an assessment of establishing a preclearance facility in
Taiwan.
(2) Elements.--The assessment required under paragraph (1)
shall include the following:
(A) An assessment with respect to the feasibility
and advisability of establishing a CBP Preclearance
facility in Taiwan.
(B) An assessment of the impacts preclearance
operations in Taiwan will have with respect to--
(i) trade and travel, including impacts on
passengers traveling to the United States; and
(ii) CBP staffing.
(C) Country-specific information relating to--
(i) anticipated benefits to the United
States; and
(ii) security vulnerabilities associated
with such preclearance operations.
(b) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the
Committee on Finance, and the Committee on Ways and
Means of the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Finance, and the Joint
Committee on Taxation of the Senate.
(2) The term ``CBP'' means U.S. Customs and Border
Protection.
SEC. 6435. DOCUMENTING AND RESPONDING TO DISCRIMINATION AGAINST
MIGRANTS ABROAD.
(a) Information to Include in Annual Country Reports on Human
Rights Practices.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms or human rights of migrants
located in a foreign country.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following: ``Wherever applicable,
such report shall also include information regarding violence
or discrimination that affects the fundamental freedoms or
human rights of migrants permanently or temporarily located in
a foreign country.''.
(b) Review at Diplomatic and Consular Posts.--In preparing the
annual country reports on human rights practices required under section
116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and
2304), as amended by subsection (a), the Secretary of State shall
obtain information from each diplomatic and consular post with respect
to--
(1) incidents of violence against migrants located in the
country in which such post is located;
(2) an analysis of the factors enabling or aggravating such
incidents, such as government policy, societal pressure, or the
actions of external actors; and
(3) the response, whether public or private, of the
personnel of such post with respect to such incidents.
(c) Migrant.--For the purposes of this section and the amendments
made by this section, the term ``migrant'' includes economic migrants,
guest workers, refugees, asylum-seekers, stateless persons, trafficked
persons, undocumented migrants, and unaccompanied children, in addition
to other individuals who change their country of usual residence
temporarily or permanently.
SEC. 6436. SENSE OF CONGRESS ON RECOGNIZING WOMEN IN THE UNITED STATES
FOR THEIR SERVICE IN WORLD WAR II AND RECOGNIZING THE
ROLE OF REPRESENTATIVE EDITH NOURSE ROGERS IN
ESTABLISHING THE WOMEN'S ARMY AUXILIARY CORPS AND THE
WOMEN'S ARMY CORPS.
It is the sense of Congress that, on the 79th anniversary of the
establishment of the Women's Auxiliary Corps by Congresswoman Edith
Nourse Rogers, the United States--
(1) honors the women who served the United States in
military capacities during World War II;
(2) commends those women who, through a sense of duty and
willingness to defy stereotypes and social pressures, performed
military assignments to aid the war effort, allowing for more
combat capacity;
(3) recognizes that those women, by serving with diligence
and merit, not only opened up opportunities for women that had
previously been reserved for men, but also contributed vitally
to the victory of the United States and the Allies in World War
II; and
(4) honors the contributions of Congresswoman Edith Nourse
Rogers and her fellow Members of Congress who supported the
establishment of the Women's Army Auxiliary Corps and the
Women's Army Corps.
SEC. 6437. PROTECTION OF SAUDI DISSIDENTS ACT OF 2021.
(a) Restrictions on Transfers of Defense Articles and Services,
Design and Construction Services, and Major Defense Equipment to Saudi
Arabia.--
(1) Initial period.--During the 120-day period beginning on
the date of the enactment of this Act, the President may not
sell, authorize a license for the export of, or otherwise
transfer any defense articles or defense services, design and
construction services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) to an
intelligence, internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or to any
person acting as an agent of or on behalf of such agency or
instrumentality.
(2) Subsequent periods.--
(A) In general.--During the 120-day period
beginning after the end of the 120-day period described
in paragraph (1), and each 120-day period thereafter,
the President may not sell, authorize a license for the
export of, or otherwise transfer any defense articles
or services, design and construction services, or major
defense equipment under the Arms Export Control Act (22
U.S.C. 2751 et seq.), regardless of the amount of such
articles, services, or equipment, to an intelligence,
internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or
to any person acting as an agent of or on behalf of
such agency or instrumentality, unless the President
has submitted to the chairman and ranking member of the
appropriate congressional committees a certification
described in subparagraph (B).
(B) Certification.--A certification described in
this subparagraph is a certification that contains a
determination of the President that, during the 120-day
period preceding the date of submission of the
certification, the United States Government has not
determined that the Government of Saudi Arabia has
conducted any of the following activities:
(i) Forced repatriation, intimidation, or
killing of dissidents in other countries.
(ii) The unjust imprisonment in Saudi
Arabia of United States citizens or aliens
lawfully admitted for permanent residence or
the prohibition on these individuals and their
family members from exiting Saudi Arabia.
(iii) Torture of detainees in the custody
of the Government of Saudi Arabia.
(3) Exception.--The restrictions in this section shall not
apply with respect to the sale, authorization of a license for
export, or transfer of any defense articles or services, design
and construction services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for use in--
(A) the defense of the territory of Saudi Arabia
from external threats; or
(B) the defense of United States military or
diplomatic personnel or United States facilities
located in Saudi Arabia.
(4) Waiver.--
(A) In general.--The President may waive the
restrictions in this section if the President submits
to the appropriate congressional committees a report
not later than 15 days before the granting of such
waiver that contains--
(i) a determination of the President that
such a waiver is in the vital national security
interests of the United States; and
(ii) a detailed justification for the use
of such waiver and the reasons why the
restrictions in this section cannot be met.
(B) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may
contain a classified annex.
(5) Sunset.--This subsection shall terminate on the date
that is 3 years after the date of the enactment of this Act.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Armed
Services of the Senate.
(b) Report on Consistent Pattern of Acts of Intimidation or
Harassment Directed Against Individuals in the United States.--
(1) Findings.--Congress finds the following:
(A) Section 6 of the Arms Export Control Act (22
U.S.C. 2756) states that ``no transfers or letters of
offer may be issued, no credits or guarantees may be
extended, and no export licenses may be issued under
this Act with respect to any country determined by the
President to be engaged in a consistent pattern of acts
of intimidation or harassment directed against
individuals in the United States''.
(B) Section 6 of the Arms Export Control Act
further requires the President to report any such
determination promptly to the Speaker of the House of
Representatives, the Committee on Foreign Affairs of
the House of Representatives, and to the chairman of
the Committee on Foreign Relations of the Senate.
(2) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report on--
(A) whether any official of the Government of Saudi
Arabia engaged in a consistent pattern of acts of
intimidation or harassment directed against Jamal
Khashoggi or any individual in the United States; and
(B) whether any United States-origin defense
articles were used in the activities described in
subparagraph (A).
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(c) Report and Certification With Respect to Saudi Diplomats and
Diplomatic Facilities in the United States.--
(1) Report.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report covering the
three-year period preceding such date of enactment regarding
whether and to what extent covered persons used diplomatic
credentials, visas, or covered facilities to facilitate
monitoring, tracking, surveillance, or harassment of, or harm
to, other nationals of Saudi Arabia living in the United
States.
(2) Certification.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, and each 120-day
period thereafter, the President shall, if the
President determines that such is the case, submit to
the appropriate congressional committees a
certification that the United States Government has not
determined covered persons to be using diplomatic
credentials, visas, or covered facilities to facilitate
serious harassment of, or harm to, other nationals of
Saudi Arabia living in the United States during the
time period covered by each such certification.
(B) Failure to submit certification.--If the
President does not submit a certification under
subparagraph (A), the President shall--
(i) close one or more covered facilities
for such period of time until the President
does submit such a certification; and
(ii) submit to the appropriate
congressional committee a report that
contains--
(I) a detailed explanation of why
the President is unable to make such a
certification;
(II) a list and summary of
engagements of the United States
Government with the Government of Saudi
Arabia regarding the use of diplomatic
credentials, visas, or covered
facilities described in subparagraph
(A); and
(III) a description of actions the
United States Government has taken or
intends to take in response to the use
of diplomatic credentials, visas, or
covered facilities described in
subparagraph (A).
(3) Form.--The report required by paragraph (1) and the
certification and report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Waiver.--
(A) In general.--The President may waive the
restrictions in this section if the President submits
to the appropriate congressional committees a report
not later than 15 days before the granting of such
waiver that contains--
(i) a determination of the President that
such a waiver is in the vital national security
interests of the United States; and
(ii) a detailed justification for the use
of such waiver and the reasons why the
restrictions in this section cannot be met.
(B) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may
contain a classified annex.
(5) Sunset.--This subsection shall terminate on the date
that is 3 years after the date of the enactment of this Act.
(6) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence
of the House of Representatives; and
(ii) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(B) Covered facility.--The term ``covered
facility'' means a diplomatic or consular facility of
Saudi Arabia in the United States.
(C) Covered person.--The term ``covered person''
means a national of Saudi Arabia credentialed to a
covered facility.
(d) Report on the Duty to Warn Obligation of the Government of the
United States.--
(1) Findings.--Congress finds that Intelligence Community
Directive 191 provides that--
(A) when an element of the intelligence community
of the United States collects or acquires credible and
specific information indicating an impending threat of
intentional killing, serious bodily injury, or
kidnapping directed at a person, the agency must ``warn
the intended victim or those responsible for protecting
the intended victim, as appropriate'' unless an
applicable waiver of the duty is granted by the
appropriate official within the element; and
(B) when issues arise with respect to whether the
threat information rises to the threshold of ``duty to
warn'', the directive calls for resolution in favor of
warning the intended victim.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence,
in coordination with the heads of other relevant United States
intelligence agencies, shall submit to the appropriate
congressional committees a report with respect to--
(A) whether and how the intelligence community
fulfilled its duty to warn Jamal Khashoggi of threats
to his life and liberty pursuant to Intelligence
Community Directive 191; and
(B) in the case of the intelligence community not
fulfilling its duty to warn as described in paragraph
(1), why the intelligence community did not fulfill
this duty.
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence
of the House of Representatives; and
(ii) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(B) Duty to warn.--The term ``duty to warn'' has
the meaning given that term in Intelligence Community
Directive 191, as in effect on July 21, 2015.
(C) Intelligence community.--The term
``intelligence community'' has the meaning given such
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
(D) Relevant united states intelligence agency.--
The term ``relevant United States intelligence agency''
means any element of the intelligence community that
may have possessed intelligence reporting regarding
threats to Jamal Khashoggi.
SEC. 6438. GLOBAL HEALTH SECURITY ACT OF 2021.
(a) Global Health Security Agenda Interagency Review Council.--
(1) Establishment.--The President shall establish a Global
Health Security Agenda Interagency Review Council (in this
section referred to as the ``Council'') to perform the general
responsibilities described in paragraph (3) and the specific
roles and responsibilities described in paragraph (5).
(2) Meetings.--The Council shall meet not less than four
times per year to advance its mission and fulfill its
responsibilities.
(3) General responsibilities.--The Council shall be
responsible for the following activities:
(A) Provide policy-level recommendations to
participating agencies on Global Health Security Agenda
(GHSA) goals, objectives, and implementation, and other
international efforts to strengthen pandemic
preparedness and response.
(B) Facilitate interagency, multi-sectoral
engagement to carry out GHSA implementation.
(C) Provide a forum for raising and working to
resolve interagency disagreements concerning the GHSA,
and other international efforts to strengthen pandemic
preparedness and response.
(D)(i) Review the progress toward and work to
resolve challenges in achieving United States
commitments under the GHSA, including commitments to
assist other countries in achieving the GHSA targets.
(ii) The Council shall consider, among
other issues, the following:
(I) The status of United States
financial commitments to the GHSA in
the context of commitments by other
donors, and the contributions of
partner countries to achieve the GHSA
targets.
(II) The progress toward the
milestones outlined in GHSA national
plans for those countries where the
United States Government has committed
to assist in implementing the GHSA and
in annual work-plans outlining agency
priorities for implementing the GHSA.
(III) The external evaluations of
United States and partner country
capabilities to address infectious
disease threats, including the ability
to achieve the targets outlined within
the WHO Joint External Evaluation tool,
as well as gaps identified by such
external evaluations.
(4) Participation.--The Council shall be headed by the
Assistant to the President for National Security Affairs, in
coordination with the heads of relevant Federal agencies. The
Council shall consist of representatives from the following
agencies:
(A) The Department of State.
(B) The Department of Defense.
(C) The Department of Justice.
(D) The Department of Agriculture.
(E) The Department of Health and Human Services.
(F) The Department of the Treasury.
(G) The Department of Labor.
(H) The Department of Homeland Security.
(I) The Office of Management and Budget.
(J) The Office of the Director of National
Intelligence.
(K) The United States Agency for International
Development.
(L) The Environmental Protection Agency.
(M) The Centers for Disease Control and Prevention.
(N) The Office of Science and Technology Policy.
(O) The National Institutes of Health.
(P) The National Institute of Allergy and
Infectious Diseases.
(Q) Such other agencies as the Council determines
to be appropriate.
(5) Specific roles and responsibilities.--
(A) In general.--The heads of agencies described in
paragraph (4) shall--
(i) make the GHSA and its implementation
and global pandemic preparedness a high
priority within their respective agencies, and
include GHSA- and global pandemic preparedness-
related activities within their respective
agencies' strategic planning and budget
processes;
(ii) designate a senior-level official to
be responsible for the implementation of this
Act;
(iii) designate, in accordance with
paragraph (4), an appropriate representative at
the Assistant Secretary level or higher to
participate on the Council;
(iv) keep the Council apprised of GHSA-
related activities undertaken within their
respective agencies;
(v) maintain responsibility for agency-
related programmatic functions in coordination
with host governments, country teams, and GHSA
in-country teams, and in conjunction with other
relevant agencies;
(vi) coordinate with other agencies that
are identified in this section to satisfy
programmatic goals, and further facilitate
coordination of country teams, implementers,
and donors in host countries; and
(vii) coordinate across national health
security action plans and with GHSA and other
partners, as appropriate, to which the United
States is providing assistance.
(B) Additional roles and responsibilities.--In
addition to the roles and responsibilities described in
subparagraph (A), the heads of agencies described in
paragraph (4) shall carry out their respective roles
and responsibilities described in subsections (b)
through (i) of section 3 of Executive Order 13747 (81
Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and
Secure from Infectious Disease Threats), as in effect
on the day before the date of the enactment of this
Act.
(b) United States Coordinator for Global Health Security.--
(1) In general.--The President shall appoint an individual
to the position of United States Coordinator for Global Health
Security, who shall be responsible for the coordination of the
interagency process for responding to global health security
emergencies. As appropriate, the designee shall coordinate with
the President's Special Coordinator for International Disaster
Assistance.
(2) Congressional briefing.--Not less frequently than twice
each year, the employee designated under this section shall
provide to the appropriate congressional committees a briefing
on the responsibilities and activities of the individual under
this section.
(c) Strategy and Reports.--
(1) Statement of policy.--It is the policy of the United
States to--
(A) promote and invest in global health security
and pandemic preparedness as a core national security
interest;
(B) advance the aims of the Global Health Security
Agenda;
(C) collaborate with other countries to detect and
mitigate outbreaks early to prevent the spread of
disease;
(D) encourage and support other countries to
advance pandemic preparedness by investing in basic
resilient and sustainable health care systems; and
(E) strengthen global health security across the
intersection of human and animal health to prepare for
and prevent infectious disease outbreaks and combat the
growing threat of antimicrobial resistance.
(2) Strategy.--The President shall coordinate the
development and implementation of a strategy to implement the
policy aims described in paragraph (1), which shall--
(A) seek to strengthen United States diplomatic
leadership and improve the effectiveness of United
States foreign assistance for global health security to
prevent, detect, and respond to infectious disease
threats, including through advancement of the Global
Health Security Agenda (GHSA), the International Health
Regulations (2005), and other relevant frameworks that
contribute to global health security and pandemic
preparedness;
(B) establish specific and measurable goals,
benchmarks, timetables, performance metrics, and
monitoring and evaluation plans for United States
foreign assistance for global health security that
promote learning and reflect international best
practices relating to global health security,
transparency, and accountability;
(C) establish mechanisms to improve coordination
and avoid duplication of effort between the United
States Government and partner countries, donor
countries, the private sector, multilateral
organizations, and other key stakeholders;
(D) prioritize working with partner countries with
demonstrated--
(i) need, as identified through the Joint
External Evaluation process, the Global Health
Security Index classification of health
systems, national action plans for health
security, GHSA Action Packages, and other
complementary or successor indicators of global
health security and pandemic preparedness; and
(ii) commitment to transparency, including
budget and global health data transparency,
complying with the International Health
Regulations (2005), investing in domestic
health systems, and achieving measurable
results;
(E) reduce long-term reliance upon United States
foreign assistance for global health security by
promoting partner country ownership, improved domestic
resource mobilization, co-financing, and appropriate
national budget allocations for global health security
and pandemic preparedness and response;
(F) assist partner countries in building the
technical capacity of relevant ministries, systems, and
networks to prepare, execute, monitor, and evaluate
effective national action plans for health security,
including mechanisms to enhance budget and global
health data transparency, as necessary and appropriate;
(G) support and be aligned with country-owned
global health security policy and investment plans
developed with input from key stakeholders, as
appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a
multi-sectoral approach to global health security;
(I) support the long-term success of programs by
building the capacity of local organizations and
institutions in target countries and communities;
(J) develop community resilience to infectious
disease threats and emergencies;
(K) support global health budget and workforce
planning in partner countries, including training in
financial management and budget and global health data
transparency;
(L) align United States foreign assistance for
global health security with national action plans for
health security in partner countries, developed with
input from key stakeholders, including the private
sector, to the greatest extent practicable and
appropriate;
(M) strengthen linkages between complementary
bilateral and multilateral foreign assistance programs,
including efforts of the World Bank, the World Health
Organization, the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance, that contribute to the development of more
resilient health systems and supply chains in partner
countries with the capacity, resources, and personnel
required to prevent, detect, and respond to infectious
disease threats;
(N) support innovation and public-private
partnerships to improve pandemic preparedness and
response, including for the development and deployment
of effective, accessible, and affordable infectious
disease tracking tools, diagnostics, therapeutics, and
vaccines;
(O) support collaboration with and among relevant
public and private research entities engaged in global
health security; and
(P) support collaboration between United States
universities and public and private institutions in
partner countries that promote global health security
and innovation.
(3) Strategy submission.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the President, in
consultation with the head of each relevant Federal
department and agency, shall submit to the appropriate
congressional committees the strategy required under
paragraph (2) that provides a detailed description of
how the United States intends to advance the policy set
forth in paragraph (1) and the agency-specific plans
described in subparagraph (B).
(B) Agency-specific plans.--The strategy required
under subsection (a) shall include specific
implementation plans from each relevant Federal
department and agency that describe--
(i) the anticipated contributions of the
department or agency, including technical,
financial, and in-kind contributions, to
implement the strategy; and
(ii) the efforts of the department or
agency to ensure that the activities and
programs carried out pursuant to the strategy
are designed to achieve maximum impact and
long-term sustainability.
(4) Report.--
(A) In general.--Not later than 1 year after the
date on which the strategy required under paragraph (2)
is submitted to the appropriate congressional
committees under paragraph (3), and not later than
October 1 of each year thereafter, the President shall
submit to the appropriate congressional committees a
report that describes the status of the implementation
of the strategy.
(B) Contents.--The report required under
subparagraph (A) shall--
(i) identify any substantial changes made
in the strategy during the preceding calendar
year;
(ii) describe the progress made in
implementing the strategy;
(iii) identify the indicators used to
establish benchmarks and measure results over
time, as well as the mechanisms for reporting
such results in an open and transparent manner;
(iv) contain a transparent, open, and
detailed accounting of expenditures by relevant
Federal departments and agencies to implement
the strategy, including, to the extent
practicable, for each Federal department and
agency, the statutory source of expenditures,
amounts expended, partners, targeted
populations, and types of activities supported;
(v) describe how the strategy leverages
other United States global health and
development assistance programs and bilateral
and multilateral institutions;
(vi) assess efforts to coordinate United
States global health security programs,
activities, and initiatives with key
stakeholders;
(vii) incorporate a plan for regularly
reviewing and updating strategies,
partnerships, and programs and sharing lessons
learned with a wide range of stakeholders,
including key stakeholders, in an open,
transparent manner; and
(viii) describe the progress achieved and
challenges concerning the United States
Government's ability to advance GHSA and
pandemic preparedness, including data
disaggregated by priority country using
indicators that are consistent on a year-to-
year basis and recommendations to resolve,
mitigate, or otherwise address the challenges
identified therein.
(5) Form.--The strategy required under paragraph (2) and
the report required under paragraph (4) shall be submitted in
unclassified form but may contain a classified annex.
(d) Establishment of Fund for Global Health Security and Pandemic
Preparedness.--
(1) Negotiations for establishment of a fund for global
health security and pandemic preparedness.--The Secretary of
State, in coordination with the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, the Secretary of Health and Human Services, and
the heads of other relevant Federal departments and agencies as
necessary and appropriate, should seek to enter into
negotiations with donors, relevant United Nations agencies,
including the World Health Organization, and other key
multilateral stakeholders, for the establishment of--
(A) a multilateral, catalytic financing mechanism
for global health security and pandemic preparedness,
which may be known as the Fund for Global Health
Security and Pandemic Preparedness (in this title
referred to as ``the Fund''), in accordance with the
provisions of this section; and
(B) an Advisory Board to the Fund in accordance
with subsection (g).
(2) Purpose.--The purpose of the Fund should be to close
critical gaps in global health security and pandemic
preparedness and build capacity in eligible partner countries
in the areas of global health security, infectious disease
control, and pandemic preparedness, such that it--
(A) prioritizes capacity building and financing
availability in eligible partner countries;
(B) incentivizes countries to prioritize the use of
domestic resources for global health security and
pandemic preparedness;
(C) leverages government, nongovernment, and
private sector investments;
(D) regularly responds to and evaluates progress
based on clear metrics and benchmarks, such as the
Joint External Evaluation and Global Health Security
Index;
(E) aligns with and complements ongoing bilateral
and multilateral efforts and financing, including
through the World Bank, the World Health Organization,
the Global Fund to Fight AIDS, Tuberculosis, and
Malaria, and Gavi, the Vaccine Alliance; and
(F) accelerates country compliance with the
International Health Regulations (2005) and fulfillment
of the Global Health Security Agenda 2024 Framework, in
coordination with the ongoing Joint External Evaluation
national action planning process.
(3) Executive board.--
(A) In general.--The Fund should be governed by an
Executive Board, which should be composed of not more
than 20 representatives of donor governments,
foundations, academic institutions, civil society, and
the private sector that meet a minimum threshold in
annual contributions and agree to uphold transparency
measures.
(B) Duties.--The Executive Board should be charged
with approving strategies, operations, and grant-making
authorities, such that it is able to conduct effective
fiduciary, monitoring, and evaluation efforts, and
other oversight functions. In addition, the Executive
Board should--
(i) be comprised only of contributors to
the Fund at not less than the minimum threshold
to be established pursuant to subparagraph (A);
(ii) determine operational procedures such
that the Fund is able to effectively fulfill
its mission; and
(iii) provide oversight and accountability
for the Fund in collaboration with the
Inspector General to be established pursuant to
subsection (f)(5)(A).
(C) Composition.--The Executive Board should
include--
(i) representatives of the governments of
founding permanent member countries who, in
addition to the requirements in subparagraph
(A), qualify based upon meeting an established
initial contribution threshold, which should be
not less than 10 percent of total initial
contributions, and a demonstrated commitment to
supporting the International Health Regulations
(2005);
(ii) term members, who are from academic
institutions, civil society, and the private
sector and are selected by the permanent
members on the basis of their experience and
commitment to innovation, best practices, and
the advancement of global health security
objectives; and
(iii) representatives of the World Health
Organization, and the chair of the Global
Health Security Steering Group.
(D) Qualifications.--Individuals appointed to the
Executive Board should have demonstrated knowledge and
experience across a variety of sectors, including human
and animal health, agriculture, development, defense,
finance, research, and academia.
(E) Conflicts of interest.--
(i) Technical experts.--The Executive Board
may include independent technical experts,
provided they are not affiliated with or
employed by a recipient country or
organization.
(ii) Multilateral bodies and
institutions.--Executive Board members
appointed under subparagraph (C)(iii) should
recuse themselves from matters presenting
conflicts of interest, including financing
decisions relating to such bodies and
institutions.
(F) United states representation.--
(i) In general.--
(I) Founding permanent member.--The
Secretary of State shall seek to
establish the United States as a
founding permanent member of the Fund.
(II) United states
representation.--The United States
shall be represented on the Executive
Board by an officer or employee of the
United States appointed by the
President.
(ii) Effective and termination dates.--
(I) Effective date.--This paragraph
shall take effect upon the date the
Secretary of State certifies and
transmits to Congress an agreement
establishing the Fund.
(II) Termination date.--The
membership established pursuant to
clause (i) shall terminate upon the
date of termination of the Fund.
(G) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive
Board who engage in a consistent pattern of human
rights abuses, fail to uphold global health data
transparency requirements, or otherwise violate the
established standards of the Fund, including in
relation to corruption.
(H) Enforceability.--Any agreement concluded under
the authorities provided by this section shall be
legally effective and binding upon the United States,
as may be provided in the agreement, upon--
(i) the enactment of appropriate
implementing legislation which provides for the
approval of the specific agreement or
agreements, including attachments, annexes, and
supporting documentation, as appropriate; or
(ii) if concluded and submitted as a
treaty, receiving the necessary consent of the
Senate.
(I) Eligible partner country defined.--In this
section, the term ``eligible partner country'' means a
country with demonstrated--
(i) need, as identified through the Joint
External Evaluation process, the Global Health
Security Index classification of health
systems, national action plans for health
security, and other complementary or successor
indicators of global health security and
pandemic preparedness; and
(ii) commitment to transparency, including
budget and global health data transparency,
complying with the International Health
Regulations (2005), investing in domestic
health systems, and achieving measurable
results, and in which the Fund for Global
Health Security and Pandemic Preparedness
established under this section may finance
global health security and pandemic
preparedness assistance programs under this
Act.
(e) Fund Authorities.--
(1) Program objectives.--
(A) In general.--In carrying out the purpose set
forth in subsection (d), the Fund, acting through the
Executive Board, should provide grants, including
challenge grants, technical assistance, concessional
lending, catalytic investment funds, and other
innovative funding mechanisms, as appropriate, to--
(i) help eligible partner countries close
critical gaps in health security, as identified
through the Joint External Evaluation process,
the Global Health Security Index classification
of health systems, and national action plans
for health security and other complementary or
successor indicators of global health security
and pandemic preparedness; and
(ii) support measures that enable such
countries, at both national and sub-national
levels, and in partnership with civil society
and the private sector, to strengthen and
sustain resilient health systems and supply
chains with the resources, capacity, and
personnel required to prevent, detect,
mitigate, and respond to infectious disease
threats before they become pandemics.
(B) Activities supported.--The activities to be
supported by the Fund should include efforts to--
(i) enable eligible partner countries to
formulate and implement national health
security and pandemic preparedness action
plans, advance action packages under the Global
Health Security Agenda, and adopt and uphold
commitments under the International Health
Regulations (2005) and other related
international health agreements, as
appropriate;
(ii) support global health security budget
planning in eligible partner countries,
including training in financial management and
budget and global health data transparency;
(iii) strengthen the health security
workforce, including hiring, training, and
deploying experts to improve frontline
preparedness for emerging epidemic and pandemic
threats;
(iv) improve infection control and the
protection of healthcare workers within
healthcare settings;
(v) combat the threat of antimicrobial
resistance;
(vi) strengthen laboratory capacity and
promote biosafety and biosecurity through the
provision of material and technical assistance;
(vii) reduce the risk of bioterrorism,
zoonotic disease spillover, and accidental
biological release;
(viii) build technical capacity to manage
global health security related supply chains,
including for personal protective equipment,
oxygen, testing reagents, and other lifesaving
supplies, through effective forecasting,
procurement, warehousing, and delivery from
central warehouses to points of service in both
the public and private sectors;
(ix) enable bilateral, regional, and
international partnerships and cooperation,
including through pandemic early warning
systems and emergency operations centers, to
identify and address transnational infectious
disease threats exacerbated by natural and man-
made disasters, human displacement, and
zoonotic infection;
(x) establish partnerships for the sharing
of best practices and enabling eligible
countries to meet targets and indicators under
the Joint External Evaluation process, the
Global Health Security Index classification of
health systems, and national action plans for
health security relating to the detection,
treatment, and prevention of neglected tropical
diseases;
(xi) build the technical capacity of
eligible partner countries to prepare for and
respond to second order development impacts of
infectious disease outbreaks, while accounting
for the differentiated needs and
vulnerabilities of marginalized populations;
(xii) develop and utilize metrics to
monitor and evaluate programmatic performance
and identify best practices, including in
accordance with Joint External Evaluation
benchmarks, Global Health Security Agenda
targets, and Global Health Security Index
indicators;
(xiii) develop and deploy mechanisms to
enhance the transparency and accountability of
global health security and pandemic
preparedness programs and data, in compliance
with the International Health Regulations
(2005), including through the sharing of
trends, risks, and lessons learned; and
(xiv) develop and implement simulation
exercises, produce and release after action
reports, and address related gaps.
(C) Implementation of program objectives.--In
carrying out the objectives of this paragraph, the Fund
should work to eliminate duplication and waste by
upholding strict transparency and accountability
standards and coordinating its programs and activities
with key partners working to advance global health
security and pandemic preparedness, including--
(i) governments, civil society, faith-
based, and nongovernmental organizations,
research and academic institutions, and private
sector entities in eligible partner countries;
(ii) the pandemic early warning systems and
emergency operations centers to be established
under subparagraph (B)(ix);
(iii) the World Health Organization;
(iv) the Global Health Security Agenda;
(v) the Global Health Security Initiative;
(vi) the Global Fund to Fight AIDS,
Tuberculosis, and Malaria;
(vii) the United Nations Office for the
Coordination of Humanitarian Affairs, UNICEF,
and other relevant funds, programs, and
specialized agencies of the United Nations;
(viii) Gavi, the Vaccine Alliance;
(ix) the Coalition for Epidemic
Preparedness Innovations;
(x) the Global Polio Eradication
Initiative; and
(xi) the United States Coordinator for
Global Health Security and Diplomacy
established under subsection (b).
(2) Priority.--In providing assistance under this section,
the Fund should give priority to low-and lower-middle income
countries with--
(A) low scores on the Global Health Security Index
classification of health systems;
(B) measurable gaps in global health security and
pandemic preparedness identified under Joint External
Evaluations and national action plans for health
security;
(C) demonstrated political and financial commitment
to pandemic preparedness; and
(D) demonstrated commitment to upholding global
health budget and data transparency and accountability
standards, complying with the International Health
Regulations (2005), investing in domestic health
systems, and achieving measurable results.
(3) Eligible grant recipients.--Governments and
nongovernmental organizations should be eligible to receive
grants as described in this section.
(f) Fund Administration.--
(1) Appointment of an administrator.--The Executive Board
of the Fund should appoint an Administrator who should be
responsible for managing the day-to-day operations of the Fund.
(2) Authority to solicit and accept contributions.--The
Fund should be authorized to solicit and accept contributions
from governments, the private sector, foundations, individuals,
and nongovernmental entities of all kinds.
(3) Accountability of funds and criteria for programs.--As
part of the negotiations described in subsection (d)(1), the
Secretary of the State, shall, consistent with paragraph (4)--
(A) take such actions as are necessary to ensure
that the Fund will have in effect adequate procedures
and standards to account for and monitor the use of
funds contributed to the Fund, including the cost of
administering the Fund; and
(B) seek agreement on the criteria that should be
used to determine the programs and activities that
should be assisted by the Fund.
(4) Selection of partner countries, projects, and
recipients.--The Executive Board should establish--
(A) eligible partner country selection criteria, to
include transparent metrics to measure and assess
global health security and pandemic preparedness
strengths and vulnerabilities in countries seeking
assistance;
(B) minimum standards for ensuring eligible partner
country ownership and commitment to long-term results,
including requirements for domestic budgeting, resource
mobilization, and co-investment;
(C) criteria for the selection of projects to
receive support from the Fund;
(D) standards and criteria regarding qualifications
of recipients of such support;
(E) such rules and procedures as may be necessary
for cost-effective management of the Fund; and
(F) such rules and procedures as may be necessary
to ensure transparency and accountability in the grant-
making process.
(5) Additional transparency and accountability
requirements.--
(A) Inspector general.--
(i) In general.--The Secretary of State
shall seek to ensure that the Fund maintains an
independent Office of the Inspector General and
ensure that the office has the requisite
resources and capacity to regularly conduct and
publish, on a publicly accessible website,
rigorous financial, programmatic, and reporting
audits and investigations of the Fund and its
grantees.
(ii) Sense of congress on corruption.--It
is the sense of Congress that--
(I) corruption within global health
programs contribute directly to the
loss of human life and cannot be
tolerated; and
(II) in making financial recoveries
relating to a corrupt act or criminal
conduct under a grant, as determined by
the Inspector General, the responsible
grant recipient should be assessed at a
recovery rate of up to 150 percent of
such loss.
(B) Administrative expenses.--The Secretary of
State shall seek to ensure the Fund establishes,
maintains, and makes publicly available a system to
track the administrative and management costs of the
Fund on a quarterly basis.
(C) Financial tracking systems.--The Secretary of
State shall ensure that the Fund establishes,
maintains, and makes publicly available a system to
track the amount of funds disbursed to each grant
recipient and sub-recipient during a grant's fiscal
cycle.
(g) Fund Advisory Board.--
(1) In general.--There should be an Advisory Board to the
Fund.
(2) Appointments.--The members of the Advisory Board should
be composed of--
(A) individuals with experience and leadership in
the fields of development, global health, epidemiology,
medicine, biomedical research, and social sciences; and
(B) representatives of relevant United Nations
agencies, including the World Health Organization, and
nongovernmental organizations with on-the-ground
experience in implementing global health programs in
low and lower-middle income countries.
(3) Responsibilities.--The Advisory Board should provide
advice and guidance to the Executive Board of the Fund on the
development and implementation of programs and projects to be
assisted by the Fund and on leveraging donations to the Fund.
(4) Prohibition on payment of compensation.--
(A) In general.--Except for travel expenses
(including per diem in lieu of subsistence), no member
of the Advisory Board should receive compensation for
services performed as a member of the Board.
(B) United states representative.--Notwithstanding
any other provision of law (including an international
agreement), a representative of the United States on
the Advisory Board may not accept compensation for
services performed as a member of the Board, except
that such representative may accept travel expenses,
including per diem in lieu of subsistence, while away
from the representative's home or regular place of
business in the performance of services for the Board.
(5) Conflicts of interest.--Members of the Advisory Board
should be required to disclose any potential conflicts of
interest prior to serving on the Advisory Board.
(h) Reports to Congress on the Fund.--
(1) Status report.--Not later than 180 days after the date
of enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, and the heads of other relevant
Federal departments and agencies, shall submit to the
appropriate congressional committees a report detailing the
progress of international negotiations to establish the Fund.
(2) Annual report.--
(A) In general.--Not later than 1 year after the
date of the establishment of the Fund, and annually
thereafter for the duration of the Fund, the Secretary
of State, shall submit to the appropriate congressional
committees a report on the Fund.
(B) Report elements.--The report shall include a
description of--
(i) the goals of the Fund;
(ii) the programs, projects, and activities
supported by the Fund;
(iii) private and governmental
contributions to the Fund; and
(iv) the criteria utilized to determine the
programs and activities that should be assisted
by the Fund.
(3) Gao report on effectiveness.--Not later than 2 years
after the date that the Fund comes into effect, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report evaluating the effectiveness
of the Fund, including--
(A) the effectiveness of the programs, projects,
and activities supported by the Fund; and
(B) an assessment of the merits of continued United
States participation in the Fund.
(i) United States Contributions.--
(1) In general.--Subject to submission of the certification
under this section, the President is authorized to make
available for United States contributions to the Fund such
funds as may be authorized to be made available for such
purpose.
(2) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days in
advance of making a contribution to the Fund, including--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors;
and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--At no point during the 5 years after the
date of the enactment of this Act shall a United States
contribution to the Fund cause the cumulative total of United
States contributions to the Fund to exceed 33 percent of the
total contributions to the Fund from all sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--
If at any time the Secretary of State determines that
the Fund has provided assistance to a country, the
government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) has repeatedly
provided support for acts of international terrorism,
the United States shall withhold from its contribution
to the Fund for the next fiscal year an amount equal to
the amount expended by the Fund to the government of
such country.
(B) Excessive salaries.--If at any time during the
five years after enactment of this Act, the Secretary
of State determines that the salary of any individual
employed by the Fund exceeds the salary of the Vice
President of the United States for that fiscal year,
then the United States should withhold from its
contribution for the next fiscal year an amount equal
to the aggregate amount by which the salary of each
such individual exceeds the salary of the Vice
President of the United States.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20
percent of planned United States contributions to the
Fund until the Secretary certifies to the appropriate
congressional committees that the Fund has established
procedures to provide access by the Office of Inspector
General of the Department of State, as cognizant
Inspector General, the Inspector General of the
Department of Health and Human Services, the Inspector
General of the United States Agency for International
Development, and the Comptroller General of the United
States to the Fund's financial data and other
information relevant to United States contributions to
the Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary
of State).
(j) Compliance With the Foreign Aid Transparency and Accountability
Act of 2016.--Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 2394c note)
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) section [__] of the National Defense
Authorization Act for Fiscal Year 2022.''.
(k) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional Committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and pandemic
preparedness and capabilities at the country and global levels
in order to minimize vulnerability to acute public health
events that can endanger the health of populations across
geographical regions and international boundaries.
(l) Sunset.--This section, and the amendments made by this section,
shall cease to have force or effect on the date that is 5 years after
the date of the enactment of this Act.
SEC. 6439. CODIFICATION OF THE FEDRAMP PROGRAM.
(a) Amendment.--Chapter 36 of title 44, United States Code, is
amended by adding at the end the following new sections:
``Sec. 3607. Federal risk and authorization management program
``There is established within the General Services Administration
the Federal Risk and Authorization Management Program (FedRAMP). The
Administrator of General Services, subject to section 3612, shall
establish a governmentwide program that provides a standardized,
reusable approach to security assessment and authorization for cloud
computing products and services that process unclassified information
used by agencies.
``Sec. 3608. Roles and responsibilities of the general services
administration
``(a) Roles and Responsibilities.--The Administrator of General
Services shall--
``(1) develop, coordinate, and implement a process to
support agency review, reuse, and standardization, where
appropriate, of security assessments of cloud computing
products and services, including appropriate oversight of
continuous monitoring of cloud computing products and services,
pursuant to guidance issued by the Director pursuant to section
3612;
``(2) establish processes and identify criteria, consistent
with guidance issued by the Director in section 3612, which
would make a cloud computing product or service eligible for a
FedRAMP authorization and validate whether a cloud computing
product or service has a FedRAMP authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support the
authorization of cloud computing products and services and
increase the speed, effectiveness, and transparency of the
authorization process, consistent with standards defined by the
National Institute of Standards and Technology and relevant
statutes;
``(4) grant FedRAMP authorizations to cloud computing
products and services, consistent with the guidance and
direction of the FedRAMP board established in section 3609;
``(5) establish and maintain a public comment process for
proposed guidance and other program directives that may have a
direct impact on cloud service providers and agencies before
the issuance of such guidance or other programmatic directives;
``(6) coordinate with the FedRAMP board, the Director of
the Cybersecurity and Infrastructure Security Agency, and other
entities identified by the Administrator, with the concurrence
of the Director, to establish and regularly update a framework
for continuous monitoring under section 3553;
``(7) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages, to
enable better reuse of such packages across agencies, including
making available any information and data necessary for
agencies to fulfill the requirements of subsection 3611;
``(8) provide regular updates to applicant cloud service
providers on the status of any cloud computing product or
service during an assessment process;
``(9) regularly review, in consultation with the FedRAMP
Board, the costs associated with the independent assessment
services of third-party organizations referenced in section
3610;
``(10) support the Federal Secure Cloud Advisory Committee,
established pursuant to subsection 3615; and
``(11) such other actions as the Administrator may
determine necessary to improve the program.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a
public website to serve as the authoritative repository for the
program, including the timely publication and updates for all
relevant information, guidance, determinations, and other
materials required under subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator shall develop and make publicly
available on the website described in paragraph (1) the
criteria and process for prioritizing and selecting cloud
computing products and services that will receive a FedRAMP
authorization, in consultation with the FedRAMP Board and the
Chief Information Officers Council established in section 3603.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator shall assess and
evaluate available automation capabilities and procedures to
improve the efficiency and effectiveness of the issuance of
FedRAMP authorizations, including continuous monitoring of
cloud computing products and services.
``(2) Means for automation.--Not later than 1 year after
the date of the enactment of this section, and updated
regularly thereafter, the Administrator shall establish a means
for the automation of security assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall establish
annual metrics regarding the time and quality of the assessments
necessary for completion of a FedRAMP authorization process in a manner
that can be consistently tracked over time in conjunction with the
periodic testing and evaluation process pursuant to section 3554 in a
manner that minimizes the agency reporting burden.
``Sec. 3609. FedRAMP board
``(a) Establishment.--There is established a FedRAMP board to
provide input and recommendations to the Administrator regarding the
requirements and guidelines for security assessments of cloud computing
products and services developed under subsection (d) of this section.
``(b) Membership.--The board shall consist of not more than seven
senior officials or experts from agencies , appointed by the Director,
in consultation with the Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP board appointed under
subsection (b) shall have technical expertise in domains relevant to
the program, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to
support the secure authorization of cloud services and
products.
``(d) Duties.--The FedRAMP board shall--
``(1) in consultation with the Administrator, serve as a
resource for best practices to accelerate the process for
obtaining a FedRAMP authorization;
``(2) review and approve requirements and guidelines for
security authorizations of cloud computing products and
services, consistent with standards defined by the National
Institute of Standards and Technology, to be used in the
determination of FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which agencies
determine and validate requirements for a FedRAMP
authorization, including periodic review of the agency
determinations described in section 3611(b), and ensure
consistency and transparency between agencies and cloud service
providers in a manner that minimizes confusion and engenders
trust; and
``(4) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator.
``(e) Determinations of Demand for Cloud Computing Products and
Services.--The FedRAMP Board may consult with the Chief Information
Officers Council established in section 3603 to establish a process,
that may be made available the website referenced in section 3608, for
prioritizing and accepting the cloud computing products and services to
be granted a FedRAMP authorization.
``Sec. 3610. Independent assessment organizations
``(a) Requirements for Accreditation.--The Administrator may,
consistent with guidance issued by the Director, determine the
requirements for accreditation of a third-party organization to perform
independent assessments and other activities that will improve the
overall performance of the program and reduce the cost of FedRAMP
authorizations for cloud service providers. Such requirements may
include developing or requiring certification programs for individuals
employed by the third-party organization seeking accreditation.
``(b) Certification.--The Administrator or their designee may
accredit any third-party organization that meets the requirements for
accreditation. If accredited pursuant to the requirements defined
pursuant to subsection (a), a certified independent assessment
organization may assess, validate, and attest to the quality and
compliance of security assessment materials provided by cloud service
providers.
``Sec. 3611. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of the program,
the head of each agency shall, consistent with guidance issued by the
Director pursuant to section 3612--
``(1) promote the use of cloud computing products and
services which meet FedRAMP security requirements and other
risk-based performance requirements as defined by the Director;
``(2) confirm whether there is a FedRAMP authorization in
the secure mechanism established under section 3608(b)(10)
before beginning the process to grant a FedRAMP authorization
for a cloud computing product or service;
``(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received a FedRAMP authorization, use the existing assessments
of security controls and materials within the FedRAMP
authorization package; and
``(4) provide data and information required to the Director
pursuant to section 3612 to determine how agencies are meeting
metrics as defined by the Administrator.
``(b) Attestation.--To the extent an agency determines that the
information and data they have reviewed pursuant to subsection (a)(2)
is wholly or substantially deficient for the purposes of performing an
authorization of cloud computing products or services, the head of the
agency shall document as part of the resulting FedRAMP authorization
package the reasons for this determination upon completion of any
assessment or authorization activities for that particular cloud
computing product or service.
``(c) Submission of Authorizations to Operate Required.--Upon
issuance of an agency authorization to operate based on a FedRAMP
authorization, the head of the agency shall provide a copy of its
authorization to operate letter and any supplementary information
required pursuant to section 3608(a) to the Administrator.
``(d) Submission of Policies Required.--Not later than 6 months
after the date on which the Director issues guidance in accordance with
section 3612, the head of each agency, acting through the agency Chief
Information Officer, shall submit to the Director all agency policies
created related to the authorization of cloud computing products and
services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for a FedRAMP
authorization shall be presumed adequate for use in an agency
authorization to operate cloud computing products and services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter the responsibility
of any agency to ensure compliance with subchapter II of
chapter 35 for any cloud computing products or services used by
the agency.
``Sec. 3612. Roles and responsibilities of the office of management and
budget
``(a) Roles and Responsibilities.--The Director shall:
``(1) Issue guidance to specify the categories or
characteristics of cloud computing products and services, in
consultation with the Administrator, for which agencies must
obtain or use a FedRAMP authorization before operating such a
product or service as a Federal information system. Such
guidance shall encompass, to the greatest extent practicable,
all necessary and appropriate cloud computing products and
services.
``(2) Issue guidance describing additional responsibilities
of the FedRAMP program and board to accelerate the adoption of
secure cloud computing services in the Federal Government.
``(3) Oversee the effectiveness of the FedRAMP program and
board, including compliance by the FedRAMP board with its
duties as described in section 3609.
``(4) To the greatest extent practicable, encourage and
promote consistency of guidance on the adoption, security, and
use of cloud computing products and services used within
agencies.
``Sec. 3613. Authorization of appropriations for FedRAMP
``There is authorized to be appropriated $20,000,000 each year for
the FedRAMP Program and Board.
``Sec. 3614. Reports to congress; GAO report
``(a) Reports to Congress.--Not later than 12 months after the date
of the enactment of this section, and annually thereafter, the Director
shall submit to the Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that includes the following:
``(1) The status, efficiency, and effectiveness of the
General Services Administration, pursuant to section 3608, and
agencies, pursuant to section 3611, during the preceding year
in supporting the speed, effectiveness, sharing, reuse, and
security of authorizations to operate for cloud computing
products and services.
``(2) Progress towards meeting the metrics required
pursuant to section 3608(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the previous year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate FedRAMP
processes and to accelerate reporting as described in this
section.
``(7) The number and characteristics of authorized cloud
computing products and services in use at each agency
consistent with guidance provided by the Director in section
3612.
``(b) GAO Report.--Not later than 6 months after the date of the
enactment of this section, the Comptroller General of the United States
shall publish a report that includes an assessment of the cost incurred
by agencies and cloud service providers related to the issuance of
FedRAMP authorizations.
``Sec. 3615. Federal secure cloud advisory committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to enable
agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and
determine ways that authorization processes can
continuously be improved, including the following:
``(i) Measures to increase agency re-use of
FedRAMP authorizations.
``(ii) Proposed actions that can be adopted
to reduce the burden, confusion, and cost
associated with FedRAMP authorizations for
cloud service providers.
``(iii) Measures to increase the number of
FedRAMP authorizations for cloud computing
services offered by small businesses (as
defined by section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
``(iv) Proposed actions that can be adopted
to reduce the burden and cost of FedRAMP
authorizations for agencies.
``(B) Collect information and feedback on agency
compliance with and implementation of FedRAMP
requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the FedRAMP
stakeholder community.
``(3) Duties.--The duties of the Committee are, at a
minimum, to provide advice and recommendations to the
Administrator, the FedRAMP Board, and to agencies on technical,
financial, programmatic, and operational matters regarding
secure adoption of cloud computing products and services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from the
public and private sectors, appointed by the Administrator, in
consultation with the Director, as follows:
``(A) The Administrator or the Administrator's
designee, who shall be the Chair of the Committee.
``(B) At least one representative each from the
Cybersecurity and Infrastructure Security Agency and
the National Institute of Standards and Technology.
``(C) At least two officials who serve as the Chief
Information Security Officer within an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(D) At least one official serving as Chief
Procurement Officer (or equivalent) in an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(E) At least one individual representing an
independent assessment organization.
``(F) No fewer than five representatives from
unique businesses that primarily provide cloud
computing services or products, including at least two
representatives from a small business (as defined by
section 3(a) of the Small Business Act (15 U.S.C.
632(a))).
``(G) At least two other Government representatives
as the Administrator determines to be necessary to
provide sufficient balance, insights, or expertise to
the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 90 days after the
date of the enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the
Committee shall be appointed for a term of 3 years,
except that the initial terms for members may be
staggered 1-, 2-, or 3-year terms to establish a
rotation in which one-third of the members are selected
each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee
shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after
the expiration of that member's term until a successor
has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than
three meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the
date of the enactment of this section, the Committee shall meet
and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish
rules for the conduct of the business of the Committee, if such
rules are not inconsistent with this section or other
applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
another Federal appointment) shall not be considered an
employee of the Federal Government by reason of any service as
such a member, except for the purposes of section 5703 of title
5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on
the Committee.
``(e) Applicability to the Federal Advisory Committee Act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
``(f) Detail of Employees.--Any Federal Government employee may be
detailed to the Committee without reimbursement from the Committee, and
such detailee shall retain the rights, status, and privileges of his or
her regular employment without interruption.
``(g) Postal Services.--The Committee may use the United States
mails in the same manner and under the same conditions as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by the Committee.
``(2) Annual reports.--Not later than 18 months after the
date of the enactment of this section, and annually thereafter,
the Committee shall submit to the Administrator and Congress a
final report containing such findings, conclusions, and
recommendations as have been agreed to by the Committee.
``Sec. 3616. Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under sections 3502 and 3552 apply to sections 3607 through
this section.
``(b) Additional Definitions.--In sections 3607 through this
section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Cloud computing.--The term `cloud computing' shall
have the meaning given by the National Institutes of Standards
and Technology Special Publication 800-145.
``(3) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing products or
services to agencies.
``(4) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(5) Fedramp.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under section
3607(a).
``(6) Fedramp authorization.--The term `FedRAMP
authorization' means a certification that a cloud computing
product or service has completed a FedRAMP authorization
process, as determined by the Administrator or received a
FedRAMP provisional authorization to operate as determined by
the FedRAMP Board.
``(7) Fedramp authorization package.--The term `FedRAMP
authorization package' means the essential information that can
be used by an agency to determine whether to authorize the
operation of an information system or the use of a designated
set of common controls for all cloud computing products and
services authorized by the FedRAMP program.
``(8) Independent assessment organization.--The term
`independent assessment organization' means a third-party
organization accredited by the Administrator to undertake
conformity assessments of cloud service providers and their
products or services.
``(9) Fedramp board.--The term `FedRAMP board' means the
board established under section 3609.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 36 of title 44, United States Code, is amended by adding at the
end the following new items:
``3607. Federal Risk and Authorization Management Program
``3608. Roles and Responsibilities of the General Services
Administration
``3609. FedRAMP board
``3610. Independent assessment organizations
``3611. Roles and responsibilities of agencies
``3612. Roles and responsibilities of the Office of Management and
Budget
``3613. Authorization of appropriations for FedRAMP
``3614. Reports to Congress
``3615. Federal Secure Cloud Advisory Committee
``3616. Definitions''.
(c) Sunset.--This section and any amendment made by this section
shall be repealed on the date that is 10 years after the date of the
enactment of this section.
(d) Rule of Construction.--Nothing in this section or any amendment
made by this section shall be construed as altering or impairing the
authorities of the Director of the Office of Management and Budget or
the Secretary of Homeland Security under subchapter II of chapter 35 of
title 44, United States Code.
SEC. 6440. ANNUAL REPORT ON VETERAN ACCESS TO GENDER SPECIFIC SERVICES
UNDER DEPARTMENT OF VETERANS AFFAIRS COMMUNITY CARE
CONTRACTS.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1730D. Annual report on veteran access to gender specific
services under community care contracts
``(a) In General.--The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives an
annual report on the access of women veterans to gender specific
services under contracts, agreements, or other arrangements with non-
Department medical providers entered into by the Secretary for the
provision of hospital care or medical services to veterans. Such report
shall include data and performance measures for the availability of
gender specific services, including--
``(1) the average wait time between the veteran's preferred
appointment date and the date on which the appointment is
completed;
``(2) the average driving time required for veterans to
attend appointments; and
``(3) reasons why appointments could not be scheduled with
non-Department medical providers.
``(b) Gender Specific Services.--In this section, the term `gender
specific services' means mammography, obstetric care, gynecological
care, and such other services as the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1730C the following new item:
``1730D. Annual report on veteran access to gender specific services
under community care contracts.''.
SEC. 6441. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS AND
INSPECTIONS AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTERS.
(a) In General.--The Secretary of Veterans Affairs shall establish
a policy under which--
(1) the environment of care standards and inspections at
Department of Veterans Affairs medical centers include--
(A) an alignment of the requirements for such
standards and inspections with the women's health
handbook of the Veterans Health Administration;
(B) a requirement for the frequency of such
inspections;
(C) delineation of the roles and responsibilities
of staff at the medical center who are responsible for
compliance; and
(D) the requirement that each medical center submit
to the Secretary a report on the compliance of the
medical center with the standards; and
(2) for the purposes of the End of Year Hospital Star
Rating, no medical center is eligible for a five star rating as
reported under the Strategic Analytics for Improvement and
Learning Value Model unless it meets the environment of care
standards.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
certification in writing that the policy required by subsection (a) has
been finalized and disseminated to Department all medical centers.
SEC. 6442. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.
(a) Authorization.--Notwithstanding section 8908(c) of title 40,
United States Code, the Global War on Terrorism Memorial Foundation
shall establish a National Global War on Terrorism Memorial within the
Reserve.
(b) Location.--The Memorial may be located at one of the following
sites:
(1) Potential Site 1--Constitution Gardens, Prime Candidate
Site 10 in The Memorials and Museums Master Plan.
(2) Potential Site 2--JFK Hockey Fields, Prime Candidate
Site 18 in The Memorials and Museums Master Plan.
(3) Potential Site 3--West Potomac Park, Candidate Site 70
in The Memorials and Museums Master Plan.
(c) Commemorative Works Act.--Except as otherwise provided by
subsections (a) and (b), chapter 89 of title 40, United States Code
(commonly known as the ``Commemorative Works Act''), shall apply to the
Memorial.
(d) Definitions.--In this section:
(1) Memorial.--The term ``Memorial'' means the National
Global War on Terrorism Memorial authorized under subsection
(a).
(2) Reserve.--The term ``Reserve'' has the meaning given
that term in 8902(a)(3) of title 40, United States Code.
SEC. 6443. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at the end
the following:
``(h) Status of Excessive Surveillance and Use of Advanced
Technology.--
``(1) In general.--The report required by subsection (d)
shall include, wherever applicable, a description of the status
of surveillance and use of advanced technology to impose
arbitrary or unlawful interference with privacy, or unlawful or
unnecessary restrictions on freedoms of expression, peaceful
assembly, association, or other internationally recognized
human rights in each country, including--
``(A) whether the government of such country has
adopted and is enforcing laws, regulations, policies,
or practices relating to--
``(i) government surveillance or
censorship, including through facial
recognition, biometric data collection,
internet and social media controls, sensors,
spyware data analytics, non-cooperative
location tracking, recording devices, or other
similar advanced technologies, and any
allegations or reports that this surveillance
or censorship was unreasonable;
``(ii) searches or seizures of individual
or private institution data without independent
judicial authorization or oversight; and
``(iii) surveillance of any group based on
political views, religious beliefs, ethnicity,
or other protected category, in violation of
equal protection rights;
``(B) whether such country has imported or
unlawfully obtained biometric or facial recognition
data from other countries or entities and, if
applicable, from whom; and
``(C) whether the government agency end-user has
targeted individuals, including through the use of
technology, in retaliation for the exercise of their
human rights or on discriminatory grounds prohibited by
international law, including targeting journalists or
members of minority groups.
``(2) Definition.--In this subsection, the term `internet
and social media controls' means the arbitrary or unlawful
imposition of restrictions, by state or service providers, on
internet and digital information and communication, such as
through the blocking or filtering of websites, social media
platforms, and communication applications, the deletion of
content and social media posts, or the penalization of online
speech, in a manner that violates rights to free expression or
assembly.''.
(2) In section 502B(b) (22 U.S.C. 2304(b))--
(A) by redesignating the second subsection (i) (as
added by section 1207(b)(2) of Public Law 113-4) as
subsection (j); and
(B) by adding at the end the following:
``(k) Status of Excessive Surveillance and Use of Advanced
Technology.--The report required under subsection (b) shall include,
wherever applicable, a description of the status of excessive
surveillance and use of advanced technology to restrict human rights,
including the descriptions of such policies or practices required under
section 116(h).''.
SEC. 6444. NATIONAL SECURITY COMMISSION ON SYNTHETIC BIOLOGY.
(a) Establishment.--
(1) In general.--There is established in the executive
branch a commission to review advances and develop a consensus
on a strategic approach to advance American national security
and competitiveness in synthetic biology, related
bioengineering and genetics developments, and associated
technologies.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``National Security
Commission on Synthetic Biology'' (referred to in this section
as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Deputy Secretary of Defense.
(ii) The Deputy Secretary of Commerce.
(iii) The Deputy Secretary of Health and
Human Services.
(iv) The Principal Deputy Director of
National Intelligence.
(v) Three members appointed by the majority
leader of the Senate, one of whom shall be a
member of the Senate and two of whom shall not
be.
(vi) Three members appointed by the
minority leader of the Senate, one of whom
shall be a member of the Senate and two of whom
shall not be.
(vii) Three members appointed by the
Speaker of the House of Representatives, one of
whom shall be a member of the House of
Representatives and two of whom shall not be.
(viii) Three members appointed by the
minority leader of the House of
Representatives, one of whom shall be a member
of the House of Representatives and two of whom
shall not be.
(B) Qualifications.--
(i) The members of the Commission who are
not members of Congress and who are appointed
under clauses (v) through (viii) of
subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge,
or experience in--
(I) synthetic biology or related
bioengineering;
(II) genetic developments;
(III) use of life sciences
technologies by national policymakers
and military leaders; or
(IV) the implementation, funding,
or oversight of the national security
policies of the United States.
(ii) An official who appoints members of
the Commission may not appoint an individual as
a member of the Commission if such individual
possesses any personal or financial interest in
the discharge of any of the duties of the
Commission.
(iii) All members of the Commission
described in clause (i) shall possess an
appropriate security clearance in accordance
with applicable provisions of law concerning
the handling of classified information.
(2) Co-chairs.--
(A) In general.--The Commission shall have two co-
chairs, selected from among the members of the
Commission.
(B) Party affiliation.--One co-chair of the
Commission shall be a member of the Democratic Party,
and one co-chair shall be a member of the Republican
Party.
(C) Selection.--The individuals who serve as the
co-chairs of the Commission shall be jointly agreed
upon by the President, the majority leader of the
Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, and the minority
leader of the House of Representatives.
(c) Appointment; Initial Meeting, Terms.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(2) Initial meeting.--The Commission shall hold its initial
meeting on or before the date that is 60 days after the date of
the enactment of this Act.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the co-chairs of the Commission.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum for purposes of conducting business, except
that two members of the Commission shall constitute a quorum
for purposes of receiving testimony.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day after 45 days after the date of the enactment
of this Act, a quorum shall consist of a majority of the
members of the Commission as of such day.
(5) Effect of lack of appointment.--If one or more
appointments under subsection (b) is not made by the
appointment date specified in subsection (c), the authority to
make such appointment or appointments shall expire, and the
number of members of the Commission shall be reduced by the
number equal to the number of appointments so not made.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission voting
and present.
(2) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for purposes
of carrying out the duties of the Commission under this title.
The actions of any such panel shall be subject to the review
and control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is authorized
to take pursuant to this title.
(f) Duties.--
(1) In general.--The Commission shall carry out the review
described in paragraph (2). In carrying out such review, the
Commission shall consider the methods and means necessary to
advance the development of synthetic biology, bioengineering,
and associated technologies by the United States to
comprehensively address the national security and defense needs
of the United States.
(2) Scope of the review.--In conducting the review
described in this subsection, the Commission shall consider the
following:
(A) The competitiveness of the United States in
synthetic biology, bioengineering, and associated
technologies, including matters related to national
security, defense, public-private partnerships, and
investments.
(B) Means and methods for the United States to
maintain a technological advantage in synthetic
biology, bioengineering, and other associated
technologies related to national security and defense.
(C) Developments and trends in international
cooperation and competitiveness, including foreign
investments in synthetic biology, bioengineering, and
genetics fields that are materially related to national
security and defense.
(D) Means by which to foster greater emphasis and
investments in basic and advanced research to stimulate
private, public, academic, and combined initiatives in
synthetic biology, bioengineering, and other associated
technologies, to the extent that such efforts have
application materially related to national security and
defense.
(E) Workforce and education incentives to attract
and recruit leading talent in synthetic biology and
bioengineering disciplines, including science,
technology, engineering, and biology and genetics
programs.
(F) Risks associated with adversary advances in
military employment of synthetic biology and
bioengineering, including international law of armed
conflict, international humanitarian law, and
escalation dynamics.
(G) Associated ethical considerations related to
synthetic biology, bioengineering, and genetics as it
will be used for future applications related to
national security and defense.
(H) Means to establish international genomic data
standards and incentivize the sharing of open training
data within related national security and defense
synthetic biology-driven industries.
(I) Consideration of the evolution of synthetic
biology and bioengineering and appropriate mechanisms
for managing such technology related to national
security and defense.
(J) Any other matters the Commission deems relevant
to the common defense of the Nation.
(g) Powers of Commission.--
(1) In general.--(A) The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions of
this section--
(i) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths; and
(ii) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or
such designated subcommittee or designated member
considers necessary.
(B) Subpoenas may be issued under subparagraph (A)(ii)
under the signature of the co-chairs of the Commission, and may
be served by any person designated by such co-chairs.
(C) The provisions of sections 102 through 104 of the
Revised Statutes of the United States (2 U.S.C. 192-194) shall
apply in the case of any failure of a witness to comply with
any subpoena or to testify when summoned under authority of
this section.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Commission to discharge its
duties under this title.
(3) Information from federal agencies.--(A) The Commission
may secure directly from any executive department, agency,
bureau, board, commission, office, independent establishment,
or instrumentality of the Government information, suggestions,
estimates, and statistics for the purposes of this title.
(B) Each such department, agency, bureau, board,
commission, office, establishment, or instrumentality shall, to
the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request of the co-chairs of the Commission.
(C) The Commission shall handle and protect all classified
information provided to it under this section in accordance
with applicable statutes and regulations.
(4) Assistance from federal agencies.--(A) The Secretary of
Defense shall provide to the Commission, on a nonreimbursable
basis, such administrative services, funds, staff, facilities,
and other support services as are necessary for the performance
of the Commission's duties under this title.
(B) The Director of National Intelligence may provide the
Commission, on a nonreimbursable basis, with such
administrative services, staff, and other support services as
the Commission may request.
(C) In addition to the assistance set forth in paragraphs
(1) and (2), other departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support as such departments and
agencies consider advisable and as may be authorized by law.
(D) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary, as
jointly determined by the co-chairs selected under subsection
(b)(2), for the fulfillment of the duties of the Commission,
including the provision of full and current briefings and
analyses.
(5) Postal services.--The Commission may use the United
States postal services in the same manner and under the same
conditions as the departments and agencies of the United
States.
(6) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(h) Staff of Commission.--
(1) In general.--(A) The co-chairs of the Commission, in
accordance with rules agreed upon by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its duties, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of such title.
(B) Any Federal Government employee may be detailed to the
Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his
or her regular employment without interruption.
(C) All staff of the Commission shall possess a security
clearance in accordance with applicable laws and regulations
concerning the handling of classified information.
(2) Consultant services.--(A) The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of such
title.
(B) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information.
(i) Compensation and Travel Expenses.--
(1) Compensation.--(A) Except as provided in paragraph (2),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
during which that member is engaged in the actual performance
of the duties of the Commission under this title.
(B) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay by reason of their service on the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(j) Treatment of Information Relating to National Security.--
(1) In general.--(A) The Director of National Intelligence
shall assume responsibility for the handling and disposition of
any information related to the national security of the United
States that is received, considered, or used by the Commission
under this title.
(B) Any information related to the national security of the
United States that is provided to the Commission by a
congressional intelligence committees or the congressional
armed services committees may not be further provided or
released without the approval of the chairman of such
committees.
(2) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (k)(2), only the
members and designated staff of the congressional intelligence
committees, the Director of National Intelligence (and the
designees of the Director), and such other officials of the
executive branch as the President may designate shall have
access to information related to the national security of the
United States that is received, considered, or used by the
Commission.
(k) Reports; Termination.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress an initial report on the findings of
the Commission and such recommendations that the Commission may
have for action by the executive branch and Congress related to
synthetic biology, bioengineering, and associated technologies,
including recommendations to more effectively organize the
Federal Government.
(2) Annual comprehensive reports.--Not later than one year
after the date of this enactment of this Act, and every year
thereafter annually, until the date specified in subsection
(e), the Commission shall submit a comprehensive report on the
review required under subsection (b).
(3) Termination.--The Commission, and all the authorities
of this section, shall terminate on October 1, 2023.
(l) Assessments of Annual Comprehensive Reports.--Not later than 60
days after receipt of the annual comprehensive report(s) under
subsection (k)(2), the Secretary of Defense, the Secretary of Commerce,
the Secretary of Health and Human Services, and the Director of
National Intelligence shall each submit to congress an assessment by
the Director or the Secretary, as the case may be, of the final report.
Each assessment shall include such comments on the findings and
recommendations contained in the final report as the Director or
Secretary, as the case may be, considers appropriate.
(m) Inapplicability of Certain Administrative Provisions.--
(1) Federal advisory committee act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the activities of the Commission under this section.
(2) Freedom of information act.--The provisions of section
552 of title 5, United States Code (commonly referred to as the
Freedom of Information Act), shall not apply to the activities,
records, and proceedings of the Commission under this section.
(n) Funding.--
(1) In general.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for admin & servicewide activities, Office of
the Secretary of Defense, line 540, is hereby increased by
$10,000,000 (to be made available in support of the Commission
under this subtitle).
(2) Availability.--Subject to paragraph (1), the Secretary
of Defense shall make available to the Commission such amounts
as the Commission may require for purposes of the activities of
the Commission under this section.
(3) Duration of availability.--Amounts made available to
the Commission under paragraph (2) shall remain available until
expended.
(4) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program, for
Private Sector Care, as specified in the corresponding funding
table in section 4501, is hereby reduced by $10,000,000.
(o) Definitions.--In this section--
(1) Synthetic biology.--The term ``synthetic biology''
means the design and construction of new biological parts
devices and systems and the re-design of existing, natural
biological systems for useful purposes.
(2) Biomanufacturing.--The term ``biomanufacturing'' means
the utilization of biological systems to develop new and
advance existing products, tools, and processes at commercial
scale.
(3) Bioengineering.--The term ``bioengineering'' means the
application of engineering design principles and practices to
biological systems, including molecular and cellular systems,
to advance fundamental understanding of complex natural systems
and to enable novel or optimize functions and capabilities.
SEC. 6445. REQUIREMENTS RELATING TO UNMANNED AIRCRAFT SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and
Technology, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council that
includes entities in the following categories:
(A) An entity included on the Consolidated
Screening List.
(B) Any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Secretary of Homeland Security.
(C) Any entity the Secretary of Homeland Security,
in coordination with the Director of National
Intelligence and the Secretary of Defense, determines
poses a national security risk.
(D) Any entity domiciled in the People's Republic
of China or subject to influence or control by the
Government of the People's Republic of China or the
Communist Party of the People's Republic of China, as
determined by the Secretary of Homeland Security.
(E) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(3) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 133 of title 41, United
States Code.
(4) Unmanned aircraft system; uas.--Except as otherwise
provided, the terms ``unmanned aircraft system'' and ``UAS''
mean an unmanned aircraft and associated elements (consisting
of communication links and the components that control the
unmanned aircraft) that are required for the operator to
operate safely and efficiently in the national airspace system.
(b) Prohibition on Procurement of Unmanned Aircraft Systems From
Covered Foreign Entities.--
(1) In general.--Except as provided under paragraphs (2)
and (3), the head of an executive agency may not procure any
unmanned aircraft system that is manufactured, assembled,
designed, or patented by a covered foreign entity that are
required for the operator to operate safely and efficiently in
the national airspace system. The Federal Acquisition Security
Council, in coordination with the Secretary of Transportation,
shall develop and update a list of associated elements.
(2) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt from
the restriction under paragraph (1) if the operation or
procurement--
(A) is for the sole purposes of research,
evaluation, training, testing, or analysis for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-UAS
technology;
(iv) counterterrorism or
counterintelligence activities; or
(v) Federal criminal investigations,
including forensic examinations; and
(B) is required in the national interest of the
United States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1)--
(A) with the approval of the Secretary of Homeland
Security or the Secretary of Defense; and
(B) upon notification to Congress.
(c) Prohibition on Operation of Unmanned Aircraft Systems From
Covered Foreign Entities.--
(1) Prohibition.--
(A) In general.--Beginning on the date that is 2
years after the date of the enactment of this Act, an
executive agency may not operate an unmanned aircraft
system manufactured, assembled, designed, or patented
by a covered foreign entity.
(B) Applicability to contracted services.--The
prohibition under subparagraph (A) applies to any
unmanned aircraft systems that are being used by any
executive agency through the method of contracting for
the services of unmanned aircraft systems.
(2) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt from
the restriction under paragraph (1) if the operation or
procurement--
(A) is for the sole purposes of research,
evaluation, training, testing, or analysis for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-UAS
technology;
(iv) counterterrorism or
counterintelligence activities; or
(v) Federal criminal investigations,
including forensic examinations; and
(B) is required in the national interest of the
United States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis--
(A) with the approval of the Secretary of Homeland
Security or the Secretary of Defense; and
(B) upon notification to Congress.
(4) Regulations and guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall prescribe regulations or guidance to
implement this section.
(d) Prohibition on Use of Federal Funds for Purchases and Operation
of Unmanned Aircraft Systems From Covered Foreign Entities.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act, except as provided
in paragraphs (2) and (3), Federal funds awarded through a
contract, grant, or cooperative agreement entered into on or
after such effective date, or otherwise made available, may not
be used--
(A) to purchase a unmanned aircraft system, or a
system to counter unmanned aircraft systems, that is
manufactured, assembled, designed, or patented by a
covered foreign entity; or
(B) in connection with the operation of such a
drone or unmanned aircraft system.
(2) Exemption.--An executive agency is exempt from the
restriction under paragraph (1) if the operation or procurement
is for the sole purposes of research, evaluation, training,
testing, or analysis, as determined by the Secretary of
Homeland Security, the Secretary of Defense, or the Attorney
General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence
activities;
(E) Federal criminal investigations, including
forensic examinations; or
(F) the safe integration of UAS in the national
airspace (as determined in consultation with the
Secretary of Transportation); and
(G) is required in the national interest of the
United States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis--
(A) with the approval of the Secretary of Homeland
Security or the Secretary of Defense; and
(B) upon notification to Congress.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations or guidance, as necessary,
to implement the requirements of this section relating to
Federal contracts.
(e) Prohibition on Use of Government-issued Purchase Cards to
Purchase Unmanned Aircraft Systems From Covered Foreign Entities.--
Effective immediately, Government-issued Purchase Cards may not be used
to procure any unmanned aircraft system from a covered foreign entity.
(f) Management of Existing Inventories of Unmanned Aircraft Systems
From Covered Foreign Entities.--
(1) In general.--Effective immediately, all executive
agencies must account for existing inventories of unmanned
aircraft systems manufactured, assembled, designed, or patented
by a covered foreign entity in their personal property
accounting systems, regardless of the original procurement
cost, or the purpose of procurement due to the special
monitoring and accounting measures necessary to track the
items' capabilities.
(2) Classified tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to unmanned aircraft systems
manufactured, assembled, designed, or patented by a covered
foreign entity may be tracked at a classified level.
(3) Exceptions.--The Department of Defense and Department
of Homeland Security may exclude from the full inventory
process, unmanned aircraft systems that are deemed expendable
due to mission risk such as recovery issues or that are one-
time-use unmanned aircraft system due to requirements and low
cost.
(g) Comptroller General Report.--Not later than 275 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the amount of
commercial off-the-shelf drones and unmanned aircraft systems procured
by Federal departments and agencies from covered foreign entities.
(h) Government-wide Policy for Procurement of Unmanned Aircraft
Systems.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Department of
Homeland Security, Department of Transportation, the Department
of Justice, and other Departments as determined by the Director
of the Office of Management and Budget, and in consultation
with the National Institute of Standards and Technology, shall
establish a government-wide policy for the procurement of UAS--
(A) for non-Department of Defense and non-
intelligence community operations; and
(B) through grants and cooperative agreements
entered into with non-Federal entities.
(2) Information security.--The policy developed under
paragraph (1) shall include the following specifications, which
to the extent practicable, shall be based on industry standards
and technical guidance from the National Institute of Standards
and Technology, to address the risks associated with
processing, storing and transmitting Federal information in a
UAS:
(A) Protections to ensure controlled access of UAS.
(B) Protecting software, firmware, and hardware by
ensuring changes to UAS are properly managed, including
by ensuring UAS can be updated using a secure,
controlled, and configurable mechanism.
(C) Cryptographically securing sensitive collected,
stored, and transmitted data, including proper handling
of privacy data and other controlled unclassified
information.
(D) Appropriate safeguards necessary to protect
sensitive information, including during and after use
of UAS.
(E) Appropriate data security to ensure that data
is not transmitted to or stored in non-approved
locations.
(F) The ability to opt out of the uploading,
downloading, or transmitting of data that is not
required by law or regulation and an ability to choose
with whom and where information is shared when it is
required.
(3) Requirement.--The policy developed under paragraph (1)
shall reflect an appropriate risk-based approach to information
security related to use of UAS.
(4) Revision of acquisition regulations.--Not later than
180 days after the date on which the policy required under
paragraph (1) is issued--
(A) the Federal Acquisition Regulatory Council
shall revise the Federal Acquisition Regulation, as
necessary, to implement the policy; and
(B) any executive agency or other Federal entity
not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement
the policy.
(5) Exemption.--In developing the policy required under
paragraph (1), the Director of the Office of Management and
Budget shall incorporate an exemption to the policy for the
following reasons:
(A) In the case of procurement for the purposes of
training, testing, or analysis for--
(i) electronic warfare; or
(ii) information warfare operations.
(B) In the case of researching UAS technology,
including testing, evaluation, research, or development
of technology to counter UAS.
(C) In the case of a head of the procuring
executive agency determining, in writing, that no
product that complies with the information security
requirements described in paragraph (2) is capable of
fulfilling mission critical performance requirements,
and such determination--
(i) may not be delegated below the level of
the Deputy Secretary of the procuring executive
agency;
(ii) shall specify--
(I) the quantity of end items to
which the waiver applies, the
procurement value of which may not
exceed $50,000 per waiver; and
(II) the time period over which the
waiver applies, which shall not exceed
3 years;
(iii) shall be reported to the Office of
Management and Budget following issuance of
such a determination; and
(iv) not later than 30 days after the date
on which the determination is made, shall be
provided to the Committee on Homeland Security
and Government Affairs of the Senate and the
Committee on Oversight and Reform of the House
of Representatives.
(i) Study on the Supply Chain for Unmanned Aircraft Systems and
Components.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment, in consultation with
the Administrator of the National Aeronautics and Space
Administration, shall provide to the appropriate congressional
committees a report on the supply chain for covered unmanned
aircraft systems, including a discussion of current and
projected future demand for covered unmanned aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the current and future global
and domestic market for covered unmanned aircraft
systems that are not widely commercially available
except from a covered foreign entity.
(B) A description of the sustainability,
availability, cost, and quality of secure sources of
covered unmanned aircraft systems domestically and from
sources in allied and partner countries.
(C) The plan of the Secretary of Defense to address
any gaps or deficiencies identified in subparagraph
(B), including through the use of funds available under
the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.) and partnerships with the National Aeronautics
and Space Administration and other interested persons.
(D) Such other information as the Under Secretary
of Defense for Acquisition and Sustainment determines
to be appropriate.
(3) Covered unmanned aircraft system defined.--In this
subsection, the term ``covered unmanned aircraft system'' means
an unmanned aircraft system (as defined in subsection (a)) and
any components of such a system.
SEC. 6446. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO
PROMOTE AND PROTECT NATIONAL SECURITY INNOVATION BASE.
(a) Special Immigrant Status.--In accordance with the procedures
established under subsection (f)(1), and subject to subsection (c)(1),
the Secretary of Homeland Security may provide an alien described in
subsection (b) (and the spouse and children of the alien if
accompanying or following to join the alien) with the status of a
special immigrant under section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence.
(b) Aliens Described.--An alien is described in this subsection
if--
(1) the alien--
(A) is employed by a United States employer and
engaged in work to promote and protect the National
Security Innovation Base;
(B) is engaged in basic or applied research, funded
by the Department of Defense, through a United States
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); or
(C) possesses scientific or technical expertise
that will advance the development of critical
technologies identified in the National Defense
Strategy or the National Defense Science and Technology
Strategy, required by section 218 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679 ); and
(2) the Secretary of Defense issues a written statement to
the Secretary of Homeland Security confirming that the
admission of the alien is essential to advancing the research,
development, testing, or evaluation of critical technologies
described in paragraph (1)(C) or otherwise serves national
security interests.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section may
not exceed--
(A) 10 in each of fiscal years 2022 through 2030;
and
(B) 100 in fiscal year 2031 and each fiscal year
thereafter.
(2) Exclusion from numerical limitation.--Aliens provided
special immigrant status under this section shall not be
counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(d) Defense Competition for Scientists and Technical Experts.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall develop and implement a process to select,
on a competitive basis from among individuals described in subsection
(b), individuals for recommendation to the Secretary of Homeland
Security for special immigrant status described in subsection (a).
(e) Authorities.--In carrying out this section, the Secretary of
Defense shall authorize appropriate personnel of the Department of
Defense to use all personnel and management authorities available to
the Department, including the personnel and management authorities
provided to the science and technology reinvention laboratories, the
Major Range and Test Facility Base (as defined in 196(i) of title 10,
United States Code), and the Defense Advanced Research Projects Agency.
(f) Procedures.--Not later than 360 days after the date of the
enactment of this Act, the Secretary of Homeland Security and Secretary
of Defense shall jointly establish policies and procedures implementing
the provisions in this section, which shall include procedures for--
(1) processing of petitions for classification submitted
under subsection (a)(1) and applications for an immigrant visa
or adjustment of status, as applicable; and
(2) thorough processing of any required security
clearances.
(g) Fees.--The Secretary of Homeland Security shall establish a
fee--
(1) to be charged and collected to process an application
filed under this section; and
(2) that is set at a level that will ensure recovery of the
full costs of such processing and any additional costs
associated with the administration of the fees collected.
(h) Implementation Report Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Homeland
Security and Secretary of Defense shall jointly submit to the
appropriate congressional committees a report that includes--
(1) a plan for implementing the authorities provided under
this section; and
(2) identification of any additional authorities that may
be required to assist the Secretaries in fully implementing
section.
(i) Program Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the competitive program
and special immigrant program described in subsections (a)
through (g).
(2) Report.--Not later than October 1, 2026, the
Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on the Judiciary of the Senate.
(2) The term ``National Security Innovation Base'' means
the network of persons and organizations, including Federal
agencies, institutions of higher education, Federally funded
research and development centers, defense industrial base
entities, nonprofit organizations, commercial entities, and
venture capital firms that are engaged in the military and non-
military research, development, funding, and production of
innovative technologies that support the national security of
the United States.
SEC. 6447. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET
MEMBER.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
the Vice President, a Cabinet Member, or a'' after ``Contracts
by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, the Vice President, or any member of the Cabinet,''
after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, the Vice President, a Cabinet
Member, or a Member of Congress.''.
SEC. 6448. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN
GOVERNMENTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States, in
consultation with the Secretary of State, the Secretary of the
Treasury, and the head of any other relevant Federal department or
agency that the Comptroller General determines necessary, shall submit
to the appropriate congressional committees a report on all
comprehensive sanctions imposed on de jure or de facto governments of
foreign countries, and all comprehensive sanctions imposed on non-state
actors that exercise significant de facto governmental control over a
foreign civilian population, under any provision of law.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) an assessment of the effect of sanctions imposed on the
government of each foreign country and each non-state actor
that exercises significant de facto governmental control over a
foreign civilian population described in subsection (a) on--
(A) the ability of civilian population of the
country to access water, food, sanitation, and public
health services, including all humanitarian aid and
supplies related to the prevention, diagnosis, and
treatment of COVID-19;
(B) the changes to the general mortality rate,
maternal mortality rate, life expectancy, and literacy;
(C) the extent to which there is an increase in
refugees or migration to or from the country or an
increase in internally displaced people in the country;
(D) the degree of international compliance and non-
compliance of the country; and
(E) the licensing of transactions to allow access
to essential goods and services to vulnerable
populations, including the number of licenses applied
for, approved, or denied and reasons why such licenses
were denied, and average time to receive a decision;
and
(2) a description of the purpose of sanctions imposed on
the government of each foreign country and each non-state actor
that exercises significant de facto governmental control over a
foreign civilian population described in subsection (a) and the
required legal or political authority, including--
(A) an assessment of United States national
security;
(B) an assessment of whether the stated foreign
policy goals of the sanctions are being met;
(C) the degree of international support or
opposition to the sanctions; and
(D) an assessment of such sanctions on United
States businesses, consumers, and financial
institutions.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex. The
unclassified portion of the report shall be published on a publicly-
available website of the Government of the United States.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate.
SEC. 6449. COMPTROLLER GENERAL REPORT ON EQUIPMENT IN AFGHANISTAN.
The Comptroller General of the United States shall submit to
Congress a report accounting for any equipment provided by the United
States Coast Guard or the Army Corps of Engineers to any regime in
Afghanistan and that has been left behind in Afghanistan.
SEC. 6450. CHINA ECONOMIC DATA COORDINATION CENTER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce, in coordination with
the Secretary of the Treasury, shall establish within the Bureau of
Economic Analysis of the Department of Commerce a China Economic Data
Coordination Center (in this section referred to as the ``Center'').
(b) Duties.--The Center, in coordination with the heads of other
relevant Federal agencies and the private sector, shall collect and
synthesize official and unofficial Chinese economic data on
developments in China's financial markets and United States exposure to
risks and vulnerabilities in China's financial system, including--
(1) data on baseline economic statistics such as gross
domestic product (GDP) and other indicators of economic health;
(2) data on national and local government debt;
(3) data on nonperforming loan amounts;
(4) data on the composition of shadow banking assets;
(5) data on the composition of China's foreign exchange
reserves;
(6) data on bank loan interest rates;
(7) data on United States retirement accounts tied to
Chinese investments;
(8) data on China's exposure to foreign borrowers and flows
of official financing for China's Belt and Road Initiatve and
other trade-related initiatives, including data from the
Export-Import Bank of China, the China Export and Credit
Insurance Corporation (Sinosure), and the China Development
Bank;
(9) data on sovereign or near-sovereign loans made by China
to other countries or guaranteed by sovereign entities; and
(10) data on Chinese domestic retirement accounts and
investments.
(c) Briefings.--The Center shall provide to the appropriate
congressional committees and the private sector on a biannual basis
briefings on implementation of the duties of the Center.
(d) Reports and Public Updates.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Bureau of Economic Analysis
of the Department of Commerce shall submit to the appropriate
congressional committees a report that--
(A) describes the current capabilities of the
Center; and
(B) describes the estimated resources, staffing,
and funding needed for the Center to operate, including
the estimated resources, staffing, and funding needed
for the Center to operate at increased capacity.
(2) Ongoing reports.--
(A) In general.--Not later than 90 days after the
date of the establishment of the Center under
subsection (a), and on a quarterly basis thereafter,
the Center shall submit to the appropriate
congressional committees a report in writing on
implementation of the duties of the Center.
(B) Matters to be included.--The report required by
this subsection shall include--
(i) key findings, data, the research and
development activities of the affiliates of
United States multinational enterprises
operating in China, and a description of the
implications of such activities for United
States production, employment, and the economy;
and
(ii) a description of United States
industry interactions with Chinese state-owned
enterprises and other state-affiliated entities
and inbound Chinese investments.
(3) Public updates.--The Center shall provide to the public
on a monthly basis updates on implementation of the duties of
the Center.
(e) Recommendations and Strategies.--The Secretary of the Treasury,
using data collected and synthesized by the Center under subsection (b)
and in consultation with the Center, shall--
(1) develop recommendations and strategies for ways in
which the United States can respond to potential risks and
exposures within China's financial system; and
(2) not later than 90 days after the date of the
establishment of the Center under subsection (a), submit to the
appropriate congressional committees a report that contains
such recommendations and strategies.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Energy and Commerce of
the House of Representatives; and
(2) Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 6451. FLIGHT INSTRUCTION OR TESTING.
(a) In General.--An authorized flight instructor providing student
instruction, flight instruction, or flight training shall not be deemed
to be operating an aircraft carrying persons or property for
compensation or hire.
(b) Authorized Additional Pilots.--An individual acting as an
authorized additional pilot during Phase I flight testing of aircraft
holding an experimental airworthiness certificate, in accordance with
section 21.191 of title 14, Code of Federal Regulations, and meeting
the requirements set forth in Federal Aviation Administration
regulations and policy in effect as of the date of enactment of this
section, shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(c) Use of Aircraft.--An individual who uses, causes to use, or
authorizes to use aircraft for flights conducted under subsection (a)
or (b) shall not be deemed to be operating an aircraft carrying persons
or property for compensation or hire.
(d) Revision of Rules.--The requirements of this section shall
become effective upon the date of enactment. The Administrator of the
Federal Aviation Administration shall issue, revise, or repeal the
rules, regulations, guidance, or procedures of the Federal Aviation
Administration to conform to the requirements of this section.
SEC. 6452. REQUIRED NOTIFICATION AND REPORTS RELATED TO PEACEKEEPING
OPERATIONS ACCOUNT.
(a) Congressional Notification.--Not later than 15 days prior to
the obligation of amounts made available to provide assistance pursuant
to section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348),
the Secretary of State shall submit to the appropriate congressional
committees a notification, in accordance with the applicable procedures
under section 634A of such Act (22 U.S.C. 2394-1), that includes, with
respect to such assistance, the following:
(1) An itemized identification of each foreign country or
entity the capabilities of which the assistance is intended to
support.
(2) An identification of the amount, type, and purpose of
assistance to be provided to each such country or entity.
(3) An assessment of the capacity of each such country or
entity to effectively implement, benefit from, or use the
assistance to be provided for the intended purpose identified
under paragraph (2).
(4) A description of plans to encourage and monitor
adherence to international human rights and humanitarian law by
the foreign country or entity receiving the assistance.
(5) An identification of any implementers, including third
party contractors or other such entities, and the anticipated
timeline for implementing any activities to carry out the
assistance.
(6) As applicable, a description of plans to sustain and
account for any military or security equipment and subsistence
funds provided as an element of the assistance beyond the date
of completion of such activities, including the estimated cost
and source of funds to support such sustainment.
(7) An assessment of how such activities promote the
following:
(A) The diplomatic and national security objectives
of the United States.
(B) The objectives and regional strategy of the
country or entity receiving the assistance.
(C) The priorities of the United States regarding
the promotion of good governance, rule of law, the
protection of civilians, and human rights.
(D) The peacekeeping capabilities of partner
countries of the country or entity receiving the
assistance, including an explanation if such activities
do not support peacekeeping.
(8) An assessment of the possible impact of such activities
on local political and social dynamics, including a description
of any consultations with local civil society.
(b) Reports on Programs Under Peacekeeping Operations Account.--
(1) Annual report.--Not later than 90 days after the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State shall submit to the appropriate
congressional committees a report on any security assistance
made available, during the three fiscal years preceding the
date on which the report is submitted, to foreign countries
that received assistance authorized under section 551 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348) for any of the
following purposes:
(A) Building the capacity of the foreign military,
border security, or law enforcement entities, of the
country.
(B) Strengthening the rule of law of the country.
(C) Countering violent extremist ideology or
recruitment within the country.
(2) Matters.--Each report under paragraph (1) shall
include, with respect to each foreign country that has received
assistance as specified in such paragraph, the following:
(A) An identification of the authority used to
provide such assistance and a detailed description of
the purpose of assistance provided.
(B) An identification of the amount of such
assistance and the program under which such assistance
was provided.
(C) A description of the arrangements to sustain
any equipment provided to the country as an element of
such assistance beyond the date of completion of the
assistance, including the estimated cost and source of
funds to support such sustainment.
(D) An assessment of the impact of such assistance
on the peacekeeping capabilities and security situation
of the country, including with respect to the levels of
conflict and violence, the local, political, and social
dynamics, and the human rights record, of the country.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committees on Appropriations of the Senate and of
the House of Representatives.
SEC. 6453. NATIONAL BIODEFENSE SCIENCE AND TECHNOLOGY STRATEGY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services, in
coordination with the Secretary of Agriculture, the Secretary of
Defense, and the Secretary of Homeland Security, shall develop an annex
to the National Biodefense Strategy under section 1086 of the National
Defense Authorization Act for Fiscal Year 2017 (6. U.S.C. 104) for a
national biodefense science and technology strategy and implementation
plan.
(b) Requirements.--The annex required by subsection (a) shall--
(1) include a mission, goals, and objectives for public and
private sector development, procurement, acquisition, and
deployment of innovative technologies to address and eliminate
biological threats;
(2) be informed by an evaluation of science and technology
successes and failures in addressing the 2019 novel coronavirus
(COVID-19) pandemic;
(3) address coordination of Federal efforts;
(4) address contributions from academia, industry, and
nongovernmental organizations; and
(5) be accompanied by an implementation plan that clearly
defines Federal department and agency roles and
responsibilities, and includes timeframes for execution.
(c) Classified Appendix.--The annex required by subsection (a) may
include a classified appendix.
(d) Submission.--Upon completion of the annex required by
subsection (a), the Secretary of Health and Human Services shall submit
the annex to--
(1) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Agriculture, the
Committee on Homeland Security, the Committee on Science,
Space, and Technology, and the Committee on Appropriations of
the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Agriculture, Nutrition, and Forestry, the Committee on Homeland
Security and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on
Appropriations of the Senate.
SEC. 6454. TICK IDENTIFICATION PILOT PROGRAM.
(a) Establishment.--The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control and
Prevention, may award grants to States to implement a tick
identification program.
(b) Priority.--In awarding grants under this section, the Secretary
shall give priority to States that--
(1) have more reported cases of Lyme disease; and
(2) submit an effective plan for implementation and
maintenance of a tick identification program.
(c) Program Requirements.--Any program funded under this section
shall--
(1) allow individuals to submit electronically photo images
of ticks encountered;
(2) require images of ticks to be submitted with the likely
geographic location where the ticks were encountered, the date
on which the ticks were encountered, and the likely physical
location where the ticks were found (for example, on a pet, on
a human, or loose);
(3) after review by a qualified professional, respond to
the individual directly within 72 hours of the image being
received with--
(A) if possible, identification of the species and
life stage of the tick;
(B) if possible, an estimate of the risk that the
tick carried a tick-borne disease;
(C) a recommendation of the best practices for the
individual who encountered the tick, including with
respect to seeking medical evaluation and submitting
the tick for testing; and
(D) additional education on best methods to avoid
ticks and prevent contagion of tick-borne illnesses;
and
(4) maintain a database of reported tick incidents,
including--
(A) the date, geographic location, and environment
of the encounter;
(B) any identifying information about the tick that
was determined; and
(C) best practices that were disseminated to each
reporting individual.
(d) Application.--To seek a grant under this section, a State shall
submit an application at such time, in such form, and containing such
information as the Secretary may prescribe.
(e) Data Collection; Report.--
(1) Data collection.--The Secretary shall collect, with
respect to each State program funded under this section and
each fiscal year, the following data:
(A) The number of tick incidents reported.
(B) For each incident reported--
(i) the date, geographic location, and
environment of the encounter;
(ii) any identifying information about the
tick that was determined; and
(iii) best practices that were disseminated
to each reporting individual.
(2) Report.--Not later than 90 days after the first day of
each of fiscal years 2022 through 2025, the Secretary shall
prepare and submit to the Congress a report on the data
collected under paragraph (1).
(f) Definition.--In this Act:
(1) The term ``qualified professional'' means a biologist
with a background in vector biology.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Director of the Centers
for Disease Control and Prevention.
SEC. 6455. PREVENTING SEXUAL HARASSMENT IN PUBLIC HOUSING.
(a) Short Title.--This section may be cited as the ``Preventing
Sexual Harassment in Public Housing Act of 2021''.
(b) Requirement to Annually Report Complaints of Sexual
Harassment.--
(1) Annual report.--Section 808(e)(2) of the Fair Housing
Act (42 U.S.C. 3608(e)(2)) is amended--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B)(iii) by striking the
semicolon and inserting ``; and''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) containing tabulations of the number of
instances in the preceding year in which complaints of
discriminatory housing practices were filed with the
Department of Housing and Urban Development or a fair
housing assistance program, including identification of
whether each complaint was filed with respect to
discrimination based on race, color, religion, national
origin, sex, handicap, or familial status.''.
(2) Sexual harassment.--Section 808 of the Fair Housing Act
(42 U.S.C. 3608) is amended by adding at the end the following
new subsection:
``(g) In carrying out the reporting obligations under this section,
the Secretary shall--
``(1) consider a complaint filed with respect to
discrimination based on sex to include any complaint filed with
respect to sexual harassment; and
``(2) in reporting the instances of a complaint filed with
respect to discrimination based on sex under subsection
(e)(2)(C), include a disaggregated tabulation of the total
number of such complaints filed with respect to sexual
harassment.''.
(3) Initiative to combat sexual harassment in housing.--
Title IX of the Fair Housing Act (42 U.S.C. 3631) is amended by
adding at the end the following new section:
``SEC. 902. INITIATIVE TO COMBAT SEXUAL HARASSMENT IN HOUSING.
``The Attorney General shall establish an initiative to investigate
and prosecute an allegation of a violation under this Act with respect
to sexual harassment.''.
SEC. 6456. SEMICONDUCTOR PRODUCTION INCENTIVE EXPANSION.
(a) Additional Covered Entities.--Section 9901(2) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by striking ``relating to
fabrication'' and all that follows and inserting the following:
``relating to--
``(1) fabrication, assembly, testing, advanced
packaging, or research and development of
semiconductors; or
``(2) manufacturing, production, or research and
development of semiconductor manufacturing equipment
and materials.''.
(b) Program Scope Expansion.--Section 9902(a)(1) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by striking ``the United States
for'' and all that follows and inserting the following: ``the United
States for--
``(1) semiconductor fabrication, assembly, testing,
advanced packaging, or research and development; and
``(2) the manufacturing, production, or research
and development of semiconductor manufacturing
equipment and materials.''.
SEC. 6457. SEMICONDUCTOR PRODUCTION INCENTIVE EXPANSION.
Section 9902(a)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended by striking ``the United States for'' and all that follows and
inserting the following: ``the United States for--
``(1) semiconductor fabrication, assembly, testing,
advanced packaging, or research and development; and
``(2) the manufacturing, production, or research
and development of semiconductor manufacturing
equipment and materials.''.
SEC. 6458. AUTHORITY FOR SECRETARY OF HEALTH AND HUMAN SERVICES TO
ACCEPT UNUSED COVID-19 VACCINES FOR POTENTIAL
REDISTRIBUTION.
The Secretary of Health and Human Services may accept, as the
Secretary determines appropriate and practicable, the return of an
unused COVID-19 vaccine from a Federal agency, State, or other entity,
for potential redistribution, including distribution to a foreign ally
or partner.
SEC. 6459. PILOT PROGRAM TO EMPLOY VETERANS IN POSITIONS RELATING TO
CONSERVATION AND RESOURCE MANAGEMENT ACTIVITIES.
(a) Establishment.--The Secretary of Veterans Affairs and the
Secretaries concerned shall jointly establish a pilot program under
which veterans are employed by the Federal Government in positions that
relate to the conservation and resource management activities of the
Department of the Interior and the Department of Agriculture.
(b) Administration.--The Secretary of Veterans Affairs shall
administer the pilot program under subsection (a).
(c) Positions.--The Secretaries concerned shall--
(1) identify vacant positions in the respective Departments
of the Secretaries that are appropriate to fill using the pilot
program under subsection (a); and
(2) to the extent practicable, fill such positions using
the pilot program.
(d) Application of Civil Service Laws.--A veteran employed under
the pilot program under subsection (a) shall be treated as an employee
as defined by section 2105 of title 5, United States Code.
(e) Best Practices for Other Departments.--The Secretary of
Veterans Affairs shall establish guidelines containing best practices
for departments and agencies of the Federal Government that carry out
programs to employ veterans who are transitioning from service in the
Armed Forces. Such guidelines shall include--
(1) lessons learned under the Warrior Training Advancement
Course of the Department of Veterans Affairs; and
(2) methods to realize cost savings based on such lessons
learned.
(f) Partnership.--The Secretary of Veterans Affairs, the
Secretaries concerned, and the Secretary of Defense may enter into a
partnership to include the pilot program under subsection (a) as part
of the Skillbridge program under section 1143 of title 10, United
States Code.
(g) Reports.--
(1) Initial report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
and the Secretaries concerned shall jointly submit to the
appropriate congressional committees a report on the pilot
program under subsection (a), including--
(A) a description of how the pilot program will be
carried out in a manner to reduce the unemployment of
veterans; and
(B) any recommendations for legislative actions to
improve the pilot program.
(2) Implementation.--Not later than one year after the date
on which the pilot program under subsection (a) commences, the
Secretary of Veterans Affairs and the Secretaries concerned
shall jointly submit to the appropriate congressional
committees a report on the implementation of the pilot program.
(3) Final report.--Not later than 30 days after the date on
which the pilot program under subsection (a) is completed, the
Secretary of Veterans Affairs and the Secretaries concerned
shall jointly submit to the appropriate congressional
committees a report on the pilot program that includes the
following:
(A) The number of veterans who applied to
participate in the pilot program.
(B) The number of such veterans employed under the
pilot program.
(C) The number of veterans identified in
subparagraph (B) who transitioned to full-time
positions with the Federal Government after
participating in the pilot program.
(D) Any other information the Secretaries determine
appropriate with respect to measuring the effectiveness
of the pilot program.
(h) Duration.--The authority to carry out the pilot program under
subsection (a) shall terminate on the date that is two years after the
date on which the pilot program commences.
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Veterans' Affairs, the
Committee on Agriculture, and the Committee on Natural
Resources of the House of Representatives; and
(B) the Committee on Veterans' Affairs, the
Committee on Agriculture, Nutrition, and Forestry, and
the Committee on Energy and Natural Resources of the
Senate.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture with respect to
matters regarding the National Forest System and the
Department of Agriculture; and
(B) the Secretary of the Interior with respect to
matters regarding the National Park System and the
Department of the Interior.
SEC. 6460. USE OF VETERANS WITH MEDICAL OCCUPATIONS IN RESPONSE TO
NATIONAL EMERGENCIES.
(a) Update of Web Portal to Identify Veterans Who Had Medical
Occupations as Members of the Armed Forces.--
(1) In general.--The Secretary shall update existing web
portals of the Department to allow the identification of
veterans who had a medical occupation as a member of the Armed
Forces.
(2) Information in portal.--
(A) In general.--An update to a portal under
paragraph (1) shall allow a veteran to elect to provide
the following information:
(i) Contact information for the veteran.
(ii) A history of the medical experience
and trained competencies of the veteran.
(B) Inclusions in history.--To the extent
practicable, histories provided under subparagraph
(A)(ii) shall include individual critical task lists
specific to military occupational specialties that
align with existing standard occupational codes
maintained by the Bureau of Labor Statistics.
(b) Program on Provision to States of Information on Veterans With
Medical Skills Obtained During Service in the Armed Forces.--For
purposes of facilitating civilian medical credentialing and hiring
opportunities for veterans seeking to respond to a national emergency,
including a public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health Service Act
(42 U.S.C. 247d), the Secretary, in coordination with the Secretary of
Defense and the Secretary of Labor, shall establish a program to share
information specified in section 3(b) with the following:
(1) State departments of veterans affairs.
(2) Veterans service organizations.
(3) State credentialing bodies.
(4) State homes.
(5) Other stakeholders involved in State-level
credentialing, as determined appropriate by the Secretary.
(c) Program on Training of Intermediate Care Technicians of
Department of Veterans Affairs.--
(1) Establishment.--The Secretary shall implement a program
to train covered veterans to work as intermediate care
technicians of the Department.
(2) Locations.--The Secretary may place an intermediate
care technician trained under the program under paragraph (1)
at any medical center of the Department, giving priority to a
location with a significant staffing shortage.
(3) Inclusion of information in transition assistance
program.--As part of the Transition Assistance Program under
sections 1142 and 1144 of title 10, United States Code, the
Secretary shall prepare a communications campaign to convey
opportunities for training, certification, and employment under
the program under paragraph (1) to appropriate members of the
Armed Forces separating from active duty.
(4) Report on expansion of program.--Not later than 180
days after the date of the enactment of this Act, the Secretary
shall submit to Congress a report on whether the program under
this section could be replicated for other medical positions
within the Department.
(5) Covered veteran defined.--In this subsection, the term
``covered veteran'' means a veteran whom the Secretary
determines served as a basic health care technician while
serving in the Armed Forces.
(d) Notification of Opportunities for Veterans.--The Secretary
shall notify veterans service organizations and, in coordination with
the Secretary of Defense, members of the reserve components of the
Armed Forces of opportunities for veterans under this section.
(e) Definitions.--In this section:
(1) Department; secretary; veteran.--The terms
``Department'', ``Secretary'', ``State home'', and ``veteran''
have the meanings given those terms in section 101 of title 38,
United States Code.
(2) Veterans service organization.--The term ``veterans
service organization'' means an organization that provides
services to veterans, including organizations recognized by the
Secretary of Veterans Affairs under section 5902 of title 38,
United States Code.
SEC. 6461. CRITICAL TECHNOLOGY SECURITY CENTERS.
(a) Critical Technology Security Centers.--Title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by
adding at the end the following new section:
``SEC. 322. CRITICAL TECHNOLOGY SECURITY CENTERS.
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the
Director of the Cybersecurity and Infrastructure Security Agency, shall
award grants, contracts, or cooperative agreements to covered entities
for the establishment of not fewer than four cybersecurity-focused
Critical Technology Security Centers to evaluate and test the security
of devices and technologies that underpin national critical functions.
``(b) Initial Centers.--With respect to the critical technology
security centers referred to in subsection (a), four of such centers
shall be as follows:
``(1) The Center for Network Technology Security, to study
the security of information and communications technology that
underpins national critical functions related to
communications.
``(2) The Center for Connected Industrial Control System
Security, to study the security of connected programmable data
logic controllers, supervisory control and data acquisition
servers, and other networked industrial equipment.
``(3) The Center for Open Source Software Security, to
study vulnerabilities in open source software used to support
national critical functions.
``(4) The Center for Federal Critical Software Security, to
study the security of software used by the Federal Government
that performs functions critical to trust (such as affording or
requiring elevated system privileges or direct access to
networking and computing resources).
``(c) Additional Centers.--The Under Secretary may, in coordination
with the Director, award grants contracts, or cooperative agreements to
covered entities for the establishment of additional critical
technology security centers to address technologies vital to national
critical functions.
``(d) Selection of Critical Technologies.--Before awarding a grant,
contract, or cooperative agreement to a covered entity to establish a
critical technology security center, the Under Secretary shall consult
with the Director, who shall provide the Under Secretary with a list of
technologies within the remit of the center that support national
critical functions.
``(e) Responsibilities.--In studying the security of technologies
within its remit, each center shall have the following
responsibilities:
``(1) Conducting rigorous security testing to identify
vulnerabilities in such technologies.
``(2) Reporting new vulnerabilities found and the tools,
techniques, and practices used to uncover them to the
developers of such technologies in question and to the
Cybersecurity and Infrastructure Security Agency.
``(3) With respect to such technologies, developing new
capabilities for vulnerability discovery, management, and
mitigation.
``(4) Assessing the security of software essential to
national critical functions.
``(5) Supporting existing communities of interest,
including by granting funds, in remediating vulnerabilities
discovered within such technologies.
``(6) Utilizing findings to inform and support the future
work of the Cybersecurity and Infrastructure Security Agency.
``(f) Application.--To be eligible to be designed as a critical
technology security center pursuant to subsection (a), a covered entity
shall submit to the Secretary an application at such time, in such
manner, and including such information as the Secretary may require.
``(g) Biannual Reports.--Not later than one year after the date of
the enactment of this section and every two years thereafter, the Under
Secretary shall submit to the appropriate congressional committees a
report that includes, with respect to each critical technology security
center--
``(1) a summary of the work performed by each such center;
``(2) information relating to the allocation of Federal
funds at each such center;
``(3) a description of each vulnerability identified,
including information relating to the corresponding software
weakness;
``(4) an assessment of the criticality of each
vulnerability identified pursuant to paragraph (3);
``(5) a list of critical technologies studied by each
center, including an explanation by the Under Secretary for any
deviations from the list of technologies provided by the
Director before the distribution of funding to the center; and
``(6) a list of tools, techniques, and procedures used by
each such center.
``(h) Consultation With Relevant Agencies.--In carrying out this
section, the Under Secretary shall consult with the heads of other
Federal agencies conducting cybersecurity research, to include the
following:
``(1) The National Institute of Standards and Technology.
``(2) The National Science Foundation.
``(3) Relevant agencies within the Department of Energy.
``(4) Relevant agencies within the Department of Defense.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $40,000,000 for fiscal year 2022;
``(2) $42,000,000 for fiscal year 2023;
``(3) $44,000,000 for fiscal year 2024;
``(4) $46,000,000 for fiscal year 2025; and
``(5) $49,000,000 for fiscal year 2026.
``(j) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security of the
House of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(2) The term `covered entity' means a university,
federally funded research and development center, including
national laboratories, or consortia thereof.
``(3) The term `critical technology' means technology
relating to a national critical function.
``(4) The term ``open source software'' means software for
which the human-readable source code is freely available for
use, study, re-use, modification, enhancement, and
redistribution by the users of such software.''.
(b) Identification of Certain Technology.--Paragraph (1) of section
2202(e) of the Homeland Security Act of 2002 (6 U.S.C. 603(e)) is
amended by adding at the end the following new subparagraph:
``(S) To identify the technologies within the
remits of the Critical Technology Security centers as
described in section 322 that are vital to national
critical functions.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 321 the following new item:
``Sec. 322. Critical Technology Security Centers.''.
SEC. 6462. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS.
(a) Findings.--Congress finds the following:
(1) There are approximately 2,300,000 women within the
veteran population in the United States.
(2) The number of women veterans using services from the
Veterans Health Administration has increased by 28.8 percent
from 423,642 in 2014 to 545,670 in 2019.
(3) During the period of 2010 through 2015, the use of
maternity services from the Veterans Health Administration
increased by 44 percent.
(4) Although prenatal care and delivery is not provided in
facilities of the Department of Veterans Affairs, pregnant
women seek care from the Department for other conditions may
also need emergency care and require coordination of services
through the Veterans Community Care Program under section 1703
of title 38, United States Code.
(5) The number of unique women veteran patients with an
obstetric delivery paid for by the Department increased by
1,778 percent from 200 deliveries in 2000 to 3,756 deliveries
in 2015.
(6) The number of women age 35 years or older with an
obstetric delivery paid for by the Department increased 16-fold
from fiscal year 2000 to fiscal year 2015.
(7) A study in 2010 found that veterans returning from
Operation Enduring Freedom and Operation Iraqi Freedom who
experienced pregnancy were twice as likely to have a diagnosis
of depression, anxiety, posttraumatic stress disorder, bipolar
disorder, or schizophrenia as those who had not experienced a
pregnancy.
(8) The number of women veterans of reproductive age
seeking care from the Veterans Health Administration continues
to grow (more than 185,000 as of fiscal year 2015).
(b) Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to furnish doula services to
covered veterans through eligible entities by expanding the
Whole Health model of the Department of Veterans Affairs, or
successor model, to measure the impact that doula support
services have on birth and mental health outcomes of pregnant
veterans (in this section referred to as the ``pilot
program'').
(2) Consideration.--In carrying out the pilot program, the
Secretary shall consider all types of doulas, including
traditional and community-based doulas.
(3) Consultation.--In designing and implementing the pilot
program the Secretary shall consult with stakeholders,
including--
(A) organizations representing veterans, including
veterans that are disproportionately impacted by poor
maternal health outcomes;
(B) community-based health care professionals,
including doulas, and other stakeholders; and
(C) experts in promoting health equity and
combating racial bias in health care settings.
(4) Goals.--The goals of the pilot program are the
following:
(A) To improve--
(i) maternal, mental health, and infant
care outcomes;
(ii) integration of doula support services
into the Whole Health model of the Department,
or successor model; and
(iii) the experience of women receiving
maternity care from the Department, including
by increasing the ability of a woman to develop
and follow her own birthing plan.
(B) To reengage veterans with the Department after
giving birth.
(c) Locations.--The Secretary shall carry out the pilot program
in--
(1) the three Veterans Integrated Service Networks of the
Department that have the highest percentage of female veterans
enrolled in the patient enrollment system of the Department
established and operated under section 1705(a) of title 38,
United States Code, compared to the total number of enrolled
veterans in such Network; and
(2) the three Veterans Integrated Service Networks that
have the lowest percentage of female veterans enrolled in the
patient enrollment system compared to the total number of
enrolled veterans in such Network.
(d) Open Participation.--The Secretary shall allow any eligible
entity or covered veteran interested in participating in the pilot
program to participate in the pilot program.
(e) Services Provided.--
(1) In general.--Under the pilot program, a covered veteran
shall receive not more than 10 sessions of care from a doula
under the Whole Health model of the Department, or successor
model, under which a doula works as an advocate for the veteran
alongside the medical team for the veteran.
(2) Sessions.--Sessions covered under paragraph (1) shall
be as follows:
(A) Three or four sessions before labor and
delivery.
(B) One session during labor and delivery.
(C) Three or four sessions after post-partum, which
may be conducted via the mobile application for VA
Video Connect.
(f) Administration of Pilot Program.--
(1) In general.--The Office of Women's Health of the
Department of Veterans Affairs, or successor office, shall--
(A) coordinate services and activities under the
pilot program;
(B) oversee the administration of the pilot
program; and
(C) conduct onsite assessments of medical
facilities of the Department that are participating in
the pilot program.
(2) Guidelines for veteran-specific care.--The Office shall
establish guidelines under the pilot program for training
doulas on military sexual trauma and post traumatic stress
disorder.
(3) Amounts for care.--The Office may recommend to the
Secretary appropriate payment amounts for care and services
provided under the pilot program, which shall not exceed $3,500
per doula per veteran.
(g) Doula Service Coordinator.--
(1) In general.--The Secretary, in consultation with the
Office of Women's Health, or successor office, shall establish
a Doula Service Coordinator within the functions of the
Maternity Care Coordinator at each medical facility of the
Department that is participating in the pilot program.
(2) Duties.--A Doula Service Coordinator established under
paragraph (1) at a medical facility shall be responsible for--
(A) working with eligible entities, doulas, and
covered veterans participating in the pilot program;
and
(B) managing payment between eligible entities and
the Department under the pilot program.
(3) Tracking of information.--A doula providing services
under the pilot program shall report to the applicable Doula
Service Coordinator after each session conducted under the
pilot program.
(4) Coordination with women's program manager.--A Doula
Service Coordinator for a medical facility of the Department
shall coordinate with the women's program manager for that
facility in carrying out the duties of the Doula Service
Coordinator under the pilot program.
(h) Term of Pilot Program.--The Secretary shall conduct the pilot
program for a period of 5 years.
(i) Technical Assistance.--The Secretary shall establish a process
to provide technical assistance to eligible entities and doulas
participating in the pilot program.
(j) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for each
year in which the pilot program is carried out, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program.
(2) Final report.--As part of the final report submitted
under paragraph (1), the Secretary shall include
recommendations on whether the model studied in the pilot
program should be continued or more widely adopted by the
Department.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary, for each of fiscal years 2022 through
2027, such sums as may be necessary to carry out this section.
(l) Definitions.--In this section:
(1) The term ``covered veteran'' means a pregnant veteran
or a formerly pregnant veteran (with respect to sessions post-
partum) who is enrolled in the patient enrollment system of the
Department of Veterans Affairs under section 1705 of title 38,
United States Code.
(2) The term ``eligible entity'' means an entity that
provides medically accurate, comprehensive maternity services
to covered veterans under the laws administered by the
Secretary, including under the Veterans Community Care Program
under section 1703 of title 38, United States Code.
(3) The term ``VA Video Connect'' means the program of the
Department of Veterans Affairs to connect veterans with their
health care team from anywhere, using encryption to ensure a
secure and private session.
SEC. 6463. ESTABLISHMENT OF AFGHAN THREAT FINANCE CELL.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the President shall establish an interagency
organization to be known as the ``Afghan Threat Finance Cell''.
(b) Mission.--The mission of the Afghan Threat Finance Cell shall
be to identify, disrupt, and eliminate illicit financial networks in
Afghanistan, particularly such networks involved in narcotics
trafficking, illicit financial transactions, official corruption, and
terrorist networks.
(c) Organization.--
(1) Membership.--The Afghan Threat Finance Cell shall
consist of representatives from elements of the United States
Government as follows:
(A) The Department of the Treasury.
(B) The Drug Enforcement Administration.
(C) The Department of State.
(D) The Department of Defense.
(E) The Federal Bureau of Investigation.
(F) The Internal Revenue Service.
(G) The Department of Homeland Security.
(H) The Defense Intelligence Agency.
(I) The Office of Foreign Assets Control of the
Department of the Treasury.
(J) The Central Intelligence Agency.
(K) Any other law enforcement agency or element of
the intelligence community that the Secretary of the
Treasury, the Administrator of the Drug Enforcement
Administration, and the Secretary of Defense jointly
determine appropriate.
(2) Lead agencies.--The Department of the Treasury shall
serve as the lead agency of the Afghan Threat Finance Cell. The
Drug Enforcement Administration and the Department of Defense
shall serve as the co-deputy lead agencies of the Afghan Threat
Finance Cell.
(d) Coordination.--The Afghan Threat Finance Cell shall regularly
coordinate and consult with regional Financial Intelligence Units, the
international Financial Action Task Force, and the Special Inspector
General for Afghanistan Reconstruction.
(e) Briefings.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the Afghan
Threat Finance Cell shall provide to the appropriate
congressional committees a briefing on the activities of the
Afghan Threat Finance Cell.
(2) Matters included.--Each briefing under paragraph (1)
shall include the following:
(A) An assessment of the activities undertaken by,
and the effectiveness of, the Afghan Threat Finance
Cell in identifying, disrupting, eliminating illicit
financial networks in Afghanistan, particularly such
networks involved in narcotics trafficking, illicit
financial transactions, official corruption, and
terrorist networks.
(B) Any recommendations to Congress regarding
legislative or regulatory improvements necessary to
support the identification, disruption, and elimination
of illicit financial networks in Afghanistan.
(3) Form.--A briefing under paragraph (1) may be provided
in a classified form.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) The Committee on Financial Services, the
Committee on Reform, the Committee on the Judiciary,
and the Committee on Armed Services of the House of
Representatives.
(B) The Committee on Banking, Housing, and Urban
Affairs, the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Committee on Armed Services of the Senate.
(f) Termination.--
(1) In general.--Except as provided by paragraph (2), the
Afghan Threat Finance Cell shall terminate on the date that is
three years after the date of the enactment of this Act.
(2) Extension.--The President may extend the date under
paragraph (1) by an additional two years.
SEC. 6464. DETERMINATION OF POTENTIAL GENOCIDE OR CRIMES AGAINST
HUMANITY IN ETHIOPIA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, after consultation with
the heads of other Federal departments and agencies represented on the
Atrocity Early Warning Task Force and with representatives of human
rights organizations, shall submit to the appropriate congressional
committees a determination whether actions in the Tigray region of
Ethiopia by the Ethiopian and Eritrean armed forces constitute genocide
as defined in section 1091 of title 18, United States Code, or crimes
against humanity.
(b) Form.--The determination required under subsection (a) shall be
submitted in unclassified form and published on a publicly available
website of the Department of State, but may include a classified annex
if such annex is provided separately from the unclassified
determination.
(c) Appropriate Congressional Committees.--For purposes of this
section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
SEC. 6465. ATTORNEY GENERAL REPORT ON WAR CRIMES AND TORTURE BY UNITED
STATES CITIZENS IN LIBYA.
(a) Report.--Not later than 180 days after receiving a credible
allegation of the commission of a covered offense, including from a
nongovernmental organization that monitors violations of human rights,
the Secretary of State, in consultation with the Attorney General,
shall submit to the appropriate congressional committees a report on
such allegations, including a determination as to whether the Attorney
General will review or consider reviewing such allegation for potential
criminal investigation, and a description of any challenges to
prosecution.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the Committees on the Judiciary of the House of Representatives
and of the Senate, the Committees on Armed Services of the
House of Representatives and of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate.
(2) The term ``covered offense'' means an offense under
section 2441, 2442, or 2340A of title 18, United States Code,
committed in Libya by or at the order of a United States
citizen.
SEC. 6466. REVIEW OF IMPLEMENTATION OF UNITED STATES SANCTIONS WITH
RESPECT TO VIOLATORS OF THE ARMS EMBARGO ON LIBYA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees an unclassified report that describes whether
the President has determined the persons described in subsection (b)
meet the criteria for the imposition of sanctions under section 1(a) of
Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking
property and suspending entry into the United States of persons
contributing to the situation in Libya).
(b) Persons.--For purposes of the determination required under
subsection (a), the President shall consider all private companies
listed for facilitating violations of the United Nations arms embargo
on Libya in the report of the United Nations Panel of Experts entitled
``Letter dated 8 March 2021 from the Panel of Experts on Libya
established pursuant to resolution 1973 (2011) addressed to the
President of the Security Council'', including the following:
(1) Maritime vessels, including MV Pray, MV Bana, MV
Cirkin, MV Gulf Petroleum 4, MV Single Eagle, and MV Sunrise
Ace.
(2) Corporate facilitators of arms embargo violations,
including Lancaster 6 DMCC, L-6 FZE, and Opus Capital Asset
Limited FZE.
(3) Aircraft operators, including Sovereign Charterers
Limited, Zet Avia LLC, Sky Avia Trans LLC, Panzer Logistics
Limited, Deek Aviation FZE, Jenis Air LLC, and Space Cargo
Incorporated.
(4) Mercenary recruiters and facilitators, including Black
Shield Security Services.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 6467. PROHIBITION OF FEDERAL FUNDING FOR INDUCED OR REQUIRED
UNDERMINING OF SECURITY OF CONSUMER COMMUNICATIONS GOODS.
(a) Prohibition.--None of the funds made available in this or any
other Act may be used by any Federal agency to require, support, pay,
or otherwise induce any private sector provider of consumer software
and hardware to--
(1) intentionally add any security vulnerability or weaken
or omit any safeguard in the standards, items, or services of
the provider;
(2) remove or omit any information security function,
mechanism, service, or solution from the items or services of
the provider; or
(3) take any action that--
(A) undermines, circumvents, defeats, bypasses, or
otherwise counteracts the end-to-end encryption of the
item or service of the provider;
(B) prevents an item or service from adopting end-
to-end encryption; or
(C) otherwise makes an unencrypted version of the
end-to-end encrypted content of any communication,
file, or data of the item or service of the provider
available to any person or entity other than the
intended recipients.
(b) Federal Agency Defined.--In this section, the term ``Federal
agency'' means any executive department, military department,
Government corporation, Government controlled corporation, or other
establishment in the executive branch of the Government (including the
Executive Office of the President), or any independent regulatory
agency.
SEC. 6468. ANNUAL REPORT ON SURVEILLANCE SALES TO REPRESSIVE
GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until 2040, the
Secretary of State, in coordination with the Director of National
Intelligence, shall submit to the Committee on Foreign Affairs and
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate a report with respect to
foreign persons that the Secretary determines--
(1) have operated, sold, leased, or otherwise provided,
directly or indirectly, items or services related to targeted
digital surveillance to--
(A) a foreign government or entity located
primarily inside a foreign country where a reasonable
person would assess that such transfer could result in
a use of the items or services in a manner contrary to
human rights; or
(B) a country including any governmental unit
thereof, entity, or other person determined by the
Secretary of State in a notice published in the Federal
Register to have used items or services for targeted
digital surveillance in a manner contrary to human
rights; or
(2) have materially assisted, sponsored, or provided
financial, material, or technological support for, or items or
services to or in support of, the activities described in
paragraph (1).
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) The name of each foreign person that the Secretary
determines meets the requirements of subsection (a)(1) or
(a)(2).
(2) The name of each intended and actual recipient of items
or services described in subsection (a).
(3) A detailed description of such items or services.
(4) An analysis of the appropriateness of including the
persons listed in (b)(1) on the entity list maintained by the
Bureau of Industry and Security.
(c) Consultation.--In compiling data and making assessments for the
purposes of preparing the report required by subsection (a), the
Secretary of State shall consult with a wide range of organizations,
including with respect to--
(1) classified and unclassified information provided by the
Director of National Intelligence;
(2) information provided by the Bureau of Democracy, Human
Rights, and Labor's Internet Freedom, Business and Human Rights
section;
(3) information provided by the Department of Commerce,
including the Bureau of Industry and Security;
(4) information provided by the advisory committees
established by the Secretary to advise the Under Secretary of
Commerce for Industry and Security on controls under the Export
Administration Regulations, including the Emerging Technology
and Research Advisory Committee; and
(5) information on human rights and technology matters, as
solicited from civil society and human rights organizations
through regular consultative processes; and
(6) information contained in the Country Reports on Human
Rights Practices published annually by the Department of State.
(d) Form and Public Availability of Report.--The report required by
subsection (a) shall be submitted in unclassified form. The report
shall be posted by the President not later than 14 days after being
submitted to Congress on a text-based, searchable, and publicly
available internet website.
(e) Definitions.--In this section:
(1) Targeted digital surveillance.--The term ``targeted
digital surveillance'' means the use of items or services that
enable an individual or entity to detect, monitor, intercept,
collect, exploit, preserve, protect, transmit, retain, or
otherwise gain access to the communications, protected
information, work product, browsing data, research, identifying
information, location history, or online and offline activities
of other individuals, organizations, or entities, with or
without the explicit authorization of such individuals,
organizations, or entities.
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) In a manner contrary to human rights.--The term ``in a
manner contrary to human rights'', with respect to targeted
digital surveillance, means engaging in targeted digital
surveillance--
(A) in violation of basic human rights, including
to silence dissent, sanction criticism, punish
independent reporting (and sources for that reporting),
manipulate or interfere with democratic or electoral
processes, persecute minorities or vulnerable groups,
or target advocates or practitioners of human rights
and democratic rights (including activists,
journalists, artists, minority communities, or
opposition politicians); or
(B) in a country in which there is lacking a
minimum legal framework governing its use, including
established--
(i) authorization under laws that are
accessible, precise, and available to the
public;
(ii) constraints limiting its use under
principles of necessity, proportionality, and
legitimacy;
(iii) oversight by bodies independent of
the government's executive agencies;
(iv) involvement of an independent and
impartial judiciary branch in authorizing its
use; or
(v) legal remedies in case of abuse.
SEC. 6469. REVIEW OF SANCTIONS WITH RESPECT TO RUSSIAN KLEPTOCRATS AND
HUMAN RIGHTS ABUSERS.
(a) Determination With Respect to Imposition of Sanctions.--Not
later than 180 days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees a
determination, including a detailed justification, of whether any
person listed in subsection (b) meets the criteria for the imposition
of sanctions pursuant to section 1263(b) of the Global Magnitsky Human
Rights Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656).
(b) Persons Listed.--The persons listed in this subsection, which
include Russian persons and current and former Russian government
officials, are the following:
(1) Roman Abramovich, businessman.
(2) Denis Bortnikov, Deputy President and Chairman of the
Management Board of VTB Bank.
(3) Andrey Kostin, President and Chairman of the Management
Board of VTB Bank.
(4) Dmitry Patrushev, Minister of Agriculture.
(5) Igor Shuvalov, Chairman of the State Development
Corporation VEB.
(6) Alisher Usmanov, businessman.
(7) Oleg Deripaska, businessman.
(8) Alexei Miller, Chairman of the Management Committee of
Gazprom.
(9) Igor Sechin, Chairman of the Management Board of
Rosneft.
(10) Gennady Timchenko, businessman.
(11) Nikolai Tokarev, Chairman of Transneft.
(12) Andrey Vorobyev, Governor of the Moscow Region XIII.
(13) Mikhail Murashko, Minister of Health.
(14) Vladimir Solovyev, media personality.
(15) Alexander Bastrykin, Head of the Investigative
Committee.
(16) Alexander Bortnikov, Director of the Federal Security
Service (FSB).
(17) Konstantin Ernst, Chief Executive Officer of Channel
One TV station.
(18) Victor Gavrilov, Head of the Department of Transport
of the Economic Security Service.
(19) Dmitry Ivanov, Head of Chelyabinsk FSB.
(20) Alexander Kalashnikov, Director of the Federal
Penitentiary Service (FSIN).
(21) Sergei Kirienko, First Deputy Head of the Presidential
Administration.
(22) Elena Morozova, Judge of Khimki District Court.
(23) Denis Popov, Chief Prosecutor of Moscow.
(24) Margarita Simonyan, Editor-in-Chief of RT.
(25) Igor Yanchuk, Head of the Khimki Police Department.
(26) Victor Zolotov, Director of the National Guard.
(27) Alexander Beglov, Governor of St. Petersburg.
(28) Yuri Chaika, former Prosecutor General.
(29) Andrei Kartapolov, Deputy Defense Minister.
(30) Pavel Krasheninnikov, Parliamentarian and former
Justice Minister.
(31) Mikhail Mishustin, Prime Minister of Russia.
(32) Ella Pamfilova, Head of Central Electoral Commission.
(33) Dmitry Peskov, Presidential Press Secretary.
(34) Sergei Sobyanin, Mayor of Moscow.
(35) Anton Vaino, Head of the Presidential Administration.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 6470. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS WITH
RESPECT TO HUMAN RIGHTS VIOLATIONS.
(a) Definitions.--Section 1262 of the Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) is amended by striking paragraph (2).
(b) Sense of Congress.--The Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) is amended by inserting after section 1262 the
following new section:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should establish
and regularize information sharing and sanctions-related decision
making with like-minded governments possessing human rights and anti-
corruption sanctions programs similar in nature to those authorized
under this subtitle.''.
(c) Imposition of Sanctions.--
(1) In general.--Subsection (a) of section 1263 of the
Global Magnitsky Human Rights Accountability Act (Subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended to read as follows:
``(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to--
``(1) any foreign person that the President determines,
based on credible information--
``(A) is responsible for or complicit in, or has
directly or indirectly engaged in, serious human rights
abuse or any violation of internationally recognized
human rights;
``(B) is a current or former government official,
or a person acting for or on behalf of such an
official, who is responsible for or complicit in, or
has directly or indirectly engaged in--
``(i) corruption; or
``(ii) the transfer or facilitation of the
transfer of the proceeds of corruption;
``(C) is or has been a leader or official of--
``(i) an entity, including a government
entity, that has engaged in, or whose members
have engaged in, any of the activities
described in subparagraph (A) or (B) related to
the tenure of the leader or official; or
``(ii) an entity whose property and
interests in property are blocked pursuant to
this section as a result of activities related
to the tenure of the leader or official;
``(D) has materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of--
``(i) an activity described in subparagraph
(A) or (B) that is conducted by a foreign
person;
``(ii) a person whose property and
interests in property are blocked pursuant to
this section; or
``(iii) an entity, including a government
entity, that has engaged in, or whose members
have engaged in, an activity described in
subparagraph (A) or (B) conducted by a foreign
person; or
``(E) is owned or controlled by, or acts or is
purported to act for or on behalf of, directly or
indirectly, a person whose property and interests in
property are blocked pursuant to this section.''.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting ``corruption
and'' after ``monitor''.
(3) Requests by congress.--Subsection (d) of such section
is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
striking ``Human rights violations''
and inserting ``Serious human rights
abuse or violations of internationally
recognized human rights''; and
(II) by striking ``described in
paragraph (1) or (2) of subsection
(a)'' and inserting ``described in
subsection (a)(1) relating to serious
human rights abuse or any violation of
internationally recognized human
rights''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``described in
paragraph (3) or (4) of subsection
(a)'' and inserting ``described in
subsection (a)(1) relating to
corruption or the transfer or
facilitation of the transfer of the
proceeds of corruption''; and
(II) by striking ``ranking member
of'' and all that follows through the
period at the end and inserting
``ranking member of one of the
appropriate congressional committees''.
(d) Reports to Congress.--Section 1264(a) of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of Public Law
114-328; 22 U.S.C. 2656 note) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address persistent
underlying causes of serious human rights abuse, violations of
internationally recognized human rights, and corruption in each
country in which foreign persons with respect to which
sanctions have been imposed under section 1263 are located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial accountability in
appropriate jurisdictions with respect to those foreign persons
subject to sanctions under section 1263 for serious human
rights abuse, violations of internationally recognized human
rights, and corruption.''.
(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky Human
Rights Accountability Act (Subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) is repealed.
SEC. 6471. SENSE OF CONGRESS WITH RESPECT TO THE PRODUCTION OF BASELOAD
POWER IN THE UNITED STATES.
It is the sense of Congress that having access to a secure and
reliable supply of firm, baseload power produced in the United States,
including power generated from coal, natural gas, oil, and nuclear
sources, is critical to United States national security interests.
SEC. 6472. STRATEGY AND REPORTING RELATED TO UNITED STATES ENGAGEMENT
IN SOMALIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Defense, in consultation with the Administrator of the United States
Agency for International Development and other relevant Federal
department and agencies, shall develop and submit a strategy for
advancing United States diplomatic, humanitarian, development,
counterterrorism, and regional security priorities in Somalia that
includes a detailed outline of United States national security
interests and policy objectives in Somalia.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) An assessment of the United States diplomatic and
defense footprint in Somalia and a related plan to continue
diplomatic, humanitarian, development, counterterrorism and
security cooperation with the federal Government of Somalia,
and regional security cooperation with partners and allies in
the region, including consideration of the impact of reducing
the presence of the United States Armed Forces, African Union
Mission in Somalia (AMISOM) forces, and other foreign forces
contributing to security in Somalia.
(2) A comprehensive assessment of the terrorist threat in
Somalia posed by al-Shabaab and the Somalia-based Islamic State
affiliate ISIS-Somalia, including each group's:
(A) capacity to strike the United States homeland
and United States persons and interests in the region
or elsewhere, and the threat posed to other countries
in the East Africa region and beyond;
(B) major sources of revenue and capacity to raise
funds and recruit from the United States and elsewhere,
including illicit and licit activities used to fund
operations and financial flows originating from outside
of Somalia; and
(C) connectivity to and relationship with other
terrorist affiliates, including linkages to Al Qaida
and the Islamic State, and their respective senior
leaders.
(3) An overview of ongoing and planned efforts, including a
detailed breakdown of United States foreign assistance, to--
(A) build the capacity of the federal Government of
Somalia, federal members states, and their respective
civilian security, defense, criminal justice and law
enforcement, financial, and other institutions,
including through support for completing the
constitutional review process;
(B) degrade Al-Shabaab and ISIS in Somalia, counter
terrorist financing and recruitment, rehabilitate and
reintegrate terrorist fighters, improve border
security, judicial capacity, and anti-corruption
efforts, and political, economic, and social reforms in
Somalia, including an evaluation of the effectiveness
of these activities to date; and
(C) provide emergency and non-emergency
humanitarian and development assistance throughout
Somalia, including an overview of the United States's
use of third party monitoring, partner vetting, and
other risk mitigation measures for the provision of
assistance in security restrictive environments, as
appropriate.
(4) A plan to enhance diplomatic engagement and other
initiatives in Somalia to address protracted political crises
and tensions between the federal Government of Somalia and its
member states, delayed electoral processes, and increasing
governance challenges, including an assessment of Somalia's
internal and regional political dynamics and the role of United
States and other foreign partner engagement on these dynamics.
(5) An analysis of foreign influence over the federal
Government of Somalia and federal member states, including
external actor objectives and an assessment of non-United
States financial assistance and financial contributions to
Somali officials and institutions.
(6) An analysis of the economic situation in Somalia,
including ongoing debt relief efforts, remaining external debt,
efforts to improve revenue sharing among the central government
and member states and advance other economic reforms, and
measures such as domestic and international sanctions designed
to hold accountable those involved in corruption, human rights
abuses, and other activities to undermine state and
international institutions.
(7) A plan to address state fragility and drivers of
terrorist recruitment, including efforts to promote economic
growth and human development, improve conflict resolution and
governance capacity, counter foreign propaganda and
disinformation, combat corruption and support development needs
of local communities, including through rehabilitation,
reintegration, and reconciliation.
(8) A detailed breakdown of United States assistance to
support the training, equipping, advising, assisting, and
accompanying of Somali forces and those forces aligned with the
troop contributing countries of AMISOM during last five fiscal
years.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State, in coordination with other relevant Federal department and
agencies as deemed necessary, shall submit to appropriate congressional
committees a report related to recent events in Somalia, that includes
the following:
(1) A detailed account of the January 2020 terrorist
attack, including an assessment of the role United-States-
trained-and-equipped Kenyan forces had in countering the attack
and if and how this attack and others shaped United States
decisions surrounding the United States strategy in Somalia and
elsewhere in East Africa.
(2) An assessment of how the January 2021 United States
military retrograde from or repositioning in Somalia affected
United States capacity to achieve policy objectives, including
those surrounding diplomatic security and the implementation of
a range of United States-funded programs and activities that
have commenced or were planned, such as humanitarian
assistance, good governance initiatives, and human rights
promotion.
(3) An assessment of the legal authorities justifying
unilateral direct action against terrorist targets in Somalia.
(d) Annual Update.--Not later than 1 year after the submission of
the strategy required under subsection (a), and annually thereafter for
3 years, the Secretary of State and Secretary of Defense, in
consultation with the Administrator of the United States Agency for
International Development, shall jointly submit to the appropriate
congressional committees an update on implementation of the strategy
and an evaluation of progress toward achieving United States national
security interests and policy objectives in Somalia.
(e) Form.--Each report required by this section shall be submitted
in unclassified form but may include a classified annex.
(f) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
SEC. 6473. PROHIBITION ON CONTRIBUTIONS TO SUPPORT THE G5 SAHEL JOINT
FORCE.
No Federal funds may be authorized to be appropriated or otherwise
made available for assessed contributions to the United Nations that
support the Joint Force of the Group of Five for the Sahel, also known
as the G5 Sahel Joint Force, as comprised on the date of the enactment
of this Act or any future iterations thereof, to protect the integrity
of Chapter VII of the United Nations Charter (Action with Respect to
Threats to the Peace, Breaches of the Peace, and Acts of Aggression).
SEC. 6474. MENSTRUAL PRODUCTS IN PUBLIC BUILDINGS.
(a) Requirement.--Each appropriate authority shall ensure that
menstrual products are stocked in, and available free of charge in,
each covered restroom in each covered public building under the
jurisdiction of such authority.
(b) Definitions.--In this section:
(1) Appropriate authority.--The term ``appropriate
authority'' means the head of a Federal agency, the Architect
of the Capitol, or other official authority responsible for the
operation of a covered public building.
(2) Covered public building.--The term ``covered public
building'' means a public building, as defined in section 3301
of title 40, United States Code, that is open to the public and
contains a public restroom, and includes a building listed in
section 6301 or 5101 of such title.
(3) Covered restroom.--The term ``covered restroom'' means
a restroom in a covered public building, except for a restroom
designated solely for use by men.
(4) Menstrual products.--The term ``menstrual products''
means sanitary napkins and tampons that conform to applicable
industry standards.
SEC. 6475. DEPARTMENT OF VETERANS AFFAIRS AWARENESS CAMPAIGN ON
FERTILITY SERVICES.
(a) Awareness Campaign.--The Secretary of Veterans Affairs shall
conduct an awareness campaign regarding the types of fertility
treatments, procedures, and services covered under the medical benefits
package of the Department of Veterans Affairs that are available to
veterans experiencing issues with fertility.
(b) Modes of Outreach.--In carrying out subsection (a), the
Secretary shall ensure that a variety of modes of outreach are
incorporated into the awareness campaign under such subsection, taking
into consideration the age range of the veteran population.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report that includes a summary of the
actions that have been taken to implement the awareness campaign under
subsection (a) and how the Secretary plans to better engage women
veterans, to ensure awareness of such veterans regarding covered
fertility services available.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services of the House of
Representatives and the Senate; and
(2) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
SEC. 6476. MEMORIAL FOR THOSE WHO LOST THEIR LIVES IN THE ATTACK ON
HAMID KARZAI INTERNATIONAL AIRPORT ON AUGUST 26, 2021.
The Secretary of Defense may establish a commemorative work on
Federal land owned by the Department of Defense in the District of
Columbia and its environs to commemorate the 13 members of the Armed
Forces who died in the bombing attack on Hamid Karzai International
Airport on August 26, 2021.
SEC. 6477. COREY ADAMS GREEN ALERT SYSTEMS TECHNICAL ASSISTANCE.
(a) Definitions.--In this section:
(1) Missing veteran.--The term ``missing veteran'' means an
individual who--
(A) is reported to, or identified by, a law
enforcement agency as a missing person;
(B) is a veteran; and
(C) meets the requirements to be designated as a
missing veteran, as determined by the State in which
the individual is reported or identified as a missing
person.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(3) Green alert.--The term ``Green Alert'' means an alert
issued through the Green Alert communications network, related
to a missing veteran.
(4) Veteran.--The term ``veteran'' means an individual who
is currently serving or a former member who served in the
United States Armed Forces, including National Guard, or a
Reserve or auxiliary unit from any branch of the Armed Forces.
(b) Technical Assistance.--The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall provide
financial and technical assistance to a State that has established or
has under consideration legislation to establish a Green Alert or other
system specifically dedicated to locating missing veterans or active
duty members of the Armed Forces (or both), to help ensure the
effective use of those systems to successfully find and recover current
or former members of the Armed Forces.
(c) Content of Assistance.--Such assistance shall include--
(1) helping the State develop, revise, or update criteria
for issuing such alerts, including on when to issue such
alerts, training to provide to law enforcement on interacting
with veterans or service members, and provide recommendations
on how best to protect the privacy, dignity, and independence
of veterans or service members who are the subject of such
alerts;
(2) providing assistance to the State on protecting the
privacy of veterans and service memebers, including sensitive
medical information, as such alerts are issued;
(3) designating officials to serve or participate on any
advisory committees established by the State or local
governments to provide oversight of Green Alert systems
dedicated to finding missing veterans;
(4) for those veterans recovered by such systems, helping
ensure such veterans are connected to any services provided by
the Department of Veterans Affairs or the Department of Defense
to which they are entitled as a result of their service,
including housing and healthcare;
(5) providing public education on these systems to military
or veteran communities in such States, including on facilities
of the Department of Veterans Affairs or the Department of
Defense located in such States;
(6) supporting efforts to train State and local law
enforcement who issue such alerts and search for such
individuals on the unique needs of veterans and service
members; and
(7) ensuring officials of the Department of Veterans
Affairs or the Department of Defense in such States are aware
of Green Alerts, understand how they work, and integrate them
with any plan for locating missing veterans at a base or
facility of the Department of Veterans Affairs or the
Department of Defense.
(d) Use of Existing Mechanisms.--To the maximum extent possible,
the Secretaries shall use, existing mechanisms, including advisory
committees and programs, to meet the requirements of this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 2022 to carry out this section.
(f) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for Office of
Secretary of Defense, Line 540, is hereby reduced by $2,000,000.
SEC. 6478. HOUSING ALLOWANCE FOR FEDERAL WILDLAND FIREFIGHTERS.
The Secretary of the Interior and the Secretary of Agriculture
shall provide a housing allowance to any Federal wildland firefighter
hired at a location more than 50 miles from their primary residence.
Such allowance shall be in an amount determined appropriate by the
Secretaries and adjusted based on the cost of housing in the area of
deployment.
SEC. 6479. MENTAL HEALTH PROGRAM FOR FEDERAL WILDLAND FIREFIGHTERS.
(a) Mental Health Program.--Not later than 180 days after the date
of enactment of this act, the Secretaries of the Interior and
Agriculture shall establish and carry out a program for Federal
wildland firefighters for mental health awareness and support. Such
program shall include--
(1) a mental health awareness campaign;
(2) a mental health education and training program that
includes an on-boarding curriculum;
(3) an extensive peer-to-peer mental health support network
for Federal wildland firefighters and their immediate family;
(4) expanding the Critical Incident Stress Management
Program through training, developing, and retaining a larger
pool of qualified mental health professionals who are familiar
with the experiences of the wildland firefighting workforce,
and monitoring and tracking mental health in the profession to
better understand the scope of the issue and develop strategies
to assist; and
(5) establish and carry out a new and distinct mental
health support service specific to Federal wildland
firefighters and their immediate family, with culturally
relevant and trauma-informed mental health professionals who
are readily available and not subject to any limit on the
number of sessions or service provided.
(b) Mental Health Leave.--Each Federal wildland firefighter shall
be entitled to 7 consecutive days of leave, without loss or reduction
in pay, during each calendar year for the purposes of maintaining
mental health. Such leave may only be taken during the period beginning
on June 1 and ending on October 31 of any such year. If leave is not
taken under this section it expires after October 31 of the calendar
year.
SEC. 6480. REPORTS ON SUBSTANCE ABUSE IN THE ARMED FORCES.
(a) Inspector General of the Department of Defense.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
the Army, the Secretary of the Navy, the Secretary of the Air Force,
and the Commandant of the Marine Corp shall each submit to the
Committees on Armed Services of the Senate and of the House of
Representatives a report on substance abuse disorder treatment concerns
related to service members and their dependents.
(b) Comptroller General of the United States.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Army, the Secretary of the Navy, the Secretary of the Air Force, and
the Commandant of the Marine Corp shall submit to Congress a report
regarding the use of substance abuse disorder treatment programs
located at or around each installation. The report shall detail the
number of service members and dependents that are referred to treatment
programs, either residential or outpatient, and either internal or
contracted, the absence of treatment capabilities within an
installation or grouping of military installations, and the costs
associated with sending service members or their dependents away from
the immediate area for substance use disorder treatment. The report
shall also set forth how the individual branches of the Armed Forces
are incorporating substance abuse disorder treatment into mental health
services both internal and contracted.
SEC. 6481. PROHIBITION ON THE USE OF FUNDS FOR AERIAL FUMIGATION IN
COLOMBIA.
None of the amounts authorized to be appropriated or otherwise made
available by this Act may be made available to directly conduct aerial
fumigation in Colombia unless there are demonstrated actions by the
Government of Colombia to adhere to national and local laws and
regulations.
SEC. 6482. ANNUAL REPORT ON UNITED STATES POLICY TOWARD SOUTH SUDAN.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and for five years thereafter, the Secretary of
State, in consultation with the Administrator of the United States
Agency for International Development and the heads of other Federal
department and agencies as necessary, shall submit to the appropriate
congressional committees a report on United States policy toward South
Sudan, including the most recent approved interagency strategy
developed to address political, security, and humanitarian issues
prevalent in the country since it gained independence from Sudan in
July 2011.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the situation in South Sudan,
including the role of South Sudanese government officials in
intercommunal violence, corruption, and obstruction of peace
processes, including the credibility of internationally-
supported peace processes in the face of escalating violence
and armed conflict in South Sudan.
(2) An assessment of the 2018 the Revitalized Agreement on
the Resolution of the Conflict in the Republic of South Sudan
(R-ARCSS) and the ongoing peace processes.
(3) A detailed outline and assessment of United States
assistance and other efforts to support peace processes in
South Sudan, including the efficacy of stakeholder engagement
and United States assistance to advance peacebuilding, conflict
mitigation, and other related activities.
(4) An assessment of the United Nations Mission in South
Sudan (UNMISS) over the last three fiscal years.
(5) An analysis of the chronic food insecurity issues in
South Sudan, including identification of root causes and
ongoing or planned remediation efforts.
(6) A detailed account of United States foreign assistance
to provide emergency and non-emergency humanitarian and
development assistance, improve anti-corruption efforts, and
create fiscal transparency in South Sudan over the last five
fiscal years.
(7) A breakdown of United States efforts, including
assistance provided by the Department of the Treasury and
United States law enforcement and intelligence communities, to
detect and deter money laundering and counter illicit financial
flows, trafficking in persons, weapons, and other illicit
goods, and the financing of terrorists and armed groups.
(8) A summary of United States efforts to promote
accountability for serious human rights abuses and an
assessment of efforts by the Government of South Sudan and the
African Union, respectively, to hold responsible parties
accountable.
(9) Analysis of the impact of domestic and international
sanctions on improving governance, mitigating and reducing
conflict, combating corruption, and holding accountable those
responsible for human rights abuses.
(10) An assessment of the prospects for, and impediments
to, holding credible general elections.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6483. SENSE OF CONGRESS ON THE USE OF THE DEFENSE PRODUCTION ACT
OF 1950 FOR GLOBAL VACCINE PRODUCTION.
(a) Findings.--The Congress finds the following:
(1) As President Biden has stated, ``We know America will
never be fully safe until the pandemic that is raging globally
is under control. No ocean is wide enough, no wall is high
enough to keep us safe.''.
(2) More than 600,000 Americans have already died from
COVID-19. Already, more Americans have died from COVID-19 than
from World War I, World War II, the Vietnam War, and 9/11
combined. The continued replication of SARS-CoV-2 abroad
increases the likelihood of a harmful mutation that renders
current vaccines ineffective. A new variant could be more
transmissible and cause more severe disease, posing a higher
risk to the millions of Americans who have not been vaccinated,
like the Delta variant.
(3) Approximately 11 billion doses are needed to vaccinate
the world's population, but to date, the US government has
donated just 40 million doses. More recent promises by the G7
would only deliver an additional one billion doses by the end
of 2022.
(4) Sharing manufacturing know-how and expertise is
critical to quickly ramping up production. Expanding the
world's manufacturing capacity is critical because donations
and bilateral agreements to increase vaccine doses in low- and
middle-income countries cannot quickly meet the global demand.
(5) The U.S. Government, as the largest coronavirus
research and development funder in the world, is uniquely
positioned to push companies to share the knowledge required to
end the pandemic.
(6) Manufacturers around the world have affirmed that they
can help ramp up production if they have access to technology.
According to the World Health Organization, 19 manufacturers
from more than a dozen countries in Africa, Asia, and Latin
America have expressed interest in ramping up mRNA vaccine
production. The Biden administration has also urged companies
to share technology. But vaccine originator corporations have
been reluctant to share technology.
(7) The Defense Production Act of 1950 provides the
President with broad authority to support the nation's defense.
The Defense Production Act of 1950's definition of ``national
defense'' includes ``military or critical infrastructure
assistance to any foreign nation''.
(8) The Defense Production Act of 1950 empowers the
President to directly ``allocate materials, services, and
facilities'' to promote national defense needs. The Act defines
``materials'' to include ``any technical information or
services ancillary to the use of any such materials''.
(9) The Defense Production Act of 1950 has been used
repeatedly to prioritize contracts and orders from U.S.
companies to foreign nations.
(b) Sense of Congress.--It is the sense of Congress that the
President should make full use of the President's authority under the
Defense Production Act of 1950 to scale vaccine production and
deployment globally, which will save millions of lives and protect
Americans from the risk of emerging viral threats.
SEC. 6484. NATIONAL ACADEMIES SCIENCE, TECHNOLOGY, AND SECURITY
ROUNDTABLE.
Section 1746(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note) is amended--
(1) in paragraph (3)(B), by striking ``involving federally
funded research and development'' and inserting ``facing the
United States research enterprise'';
(2) by redesignating paragraph (5) as paragraph (6);
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) Ad-hoc committee.--
``(A) In general.--The roundtable shall convene an
ad-hoc committee to study and make recommendations on
research security issues consistent with paragraph (3).
``(B) Study and report.--Not later than 180 days
after the first meeting of the ad-hoc committee
convened under subparagraph (A), such committee shall--
``(i) complete a fast-track consensus study
on the feasibility of establishing an
independent, non-profit entity (referred to in
this paragraph as the `entity') to further
protect the United States research enterprise
against foreign interference, theft, and
espionage; and
``(ii) submit to the relevant committees a
report on the results of the study.
``(C) Elements.--The report required under
subparagraph (B)(ii) shall include analysis and
recommendations with respect to each of the following:
``(i) The organizational structure of the
entity.
``(ii) The appropriate relationship between
the entity and the Federal Government,
including the interagency working group
established under subsection (a).
``(iii) The appropriate level of financial
resources needed to establish the entity.
``(iv) A self-sustaining funding model for
the entity.
``(v) Whether and how the entity can--
``(I) enable informed, proactive,
and unbiased risk assessment for and by
the United States research enterprise;
``(II) in coordination with the
interagency working group established
under subsection (a), the Federal
agencies that comprise the working
group, and the roundtable under this
subsection, promote actionable and
timely information sharing among the
United States research enterprise about
foreign interference, theft, and
espionage of research and development;
``(III) provide non-punitive, non-
legally binding advice to the United
States research enterprise, including
frontline researchers, about foreign
inference, theft, and espionage
including advice with respect to risks
associated with international
partnerships and foreign talent
recruitment programs;
``(IV) secure the trust and active
participation of the United States
research enterprise;
``(V) regularly conduct open-source
intelligence analysis to provide
actionable and timely unclassified
information to the United States
research enterprise about foreign
interference, theft, and espionage,
including analysis to be tailored
specifically for the purpose of
assisting frontline researchers in
making security-informed decisions; and
``(VI) offer products and services
to the United States research
enterprise to help inform research
security efforts such as analyses of
global research and development trends,
advice regarding intellectual property
production and protection, market
analyses, and risk assessment for day-
to-day activities such as
collaboration, travel, and hiring.
``(vi) Such other information and
recommendations as the committee considers
necessary to ensure that the entity operates
effectively.''; and
(4) in paragraph (6), as so redesignated, by striking
``2024'' and inserting ``2025''.
SEC. 6485. PROHIBITION ON FEDERAL FUNDING TO ECOHEALTH ALLIANCE, INC.
No funds authorized under this Act may be made available for any
purpose to EcoHealth Alliance, Inc.
SEC. 6486. BLOCKING DEADLY FENTANYL IMPORTS.
(a) Definitions.--Section 481(e)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291(e)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``in which'';
(2) in subparagraph (A), by inserting ``in which'' before
``1,000'';
(3) in subparagraph (B)--
(A) by inserting ``in which'' before ``1,000''; and
(B) by striking ``or'' at the end;
(4) in subparagraph (C)--
(A) by inserting ``in which'' before ``5,000''; and
(B) by inserting ``or'' after the semicolon; and
(5) by adding at the end the following:
``(D) that is a significant source of illicit
synthetic opioids significantly affecting the United
States;''.
(b) International Narcotics Control Strategy Report.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is
amended by adding at the end the following:
``(10) A separate section that contains the following:
``(A) An identification of the countries, to the
extent feasible, that are the most significant sources
of illicit fentanyl and fentanyl analogues
significantly affecting the United States during the
preceding calendar year.
``(B) A description of the extent to which each
country identified pursuant to subparagraph (A) has
cooperated with the United States to prevent the
articles or chemicals described in subparagraph (A)
from being exported from such country to the United
States.
``(C) A description of whether each country
identified pursuant to subparagraph (A) has adopted and
utilizes scheduling or other procedures for illicit
drugs that are similar in effect to the procedures
authorized under title II of the Controlled Substances
Act (21 U.S.C. 811 et seq.) for adding drugs and other
substances to the controlled substances schedules;
``(D) A description of whether each country
identified pursuant to subparagraph (A) is following
steps to prosecute individuals involved in the illicit
manufacture or distribution of controlled substance
analogues (as defined in section 102(32) of the
Controlled Substances Act (21 U.S.C. 802(32)); and
``(E) A description of whether each country
identified pursuant to subparagraph (A) requires the
registration of tableting machines and encapsulating
machines or other measures similar in effect to the
registration requirements set forth in part 1310 of
title 21, Code of Federal Regulations, and has not made
good faith efforts, in the opinion of the Secretary, to
improve regulation of tableting machines and
encapsulating machines.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.
SEC. 6487. DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE SERVICES
AND HOUSING INSECURITY.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs, in coordination with the
Secretary of Housing and Urban Development and the Secretary of Labor,
shall submit to Congress a report on how often and what type of
supportive services (including career transition and mental health
services and services for elderly veterans) are being offered to and
used by veterans, and any correlation between a lack of supportive
services programs and the likelihood of veterans falling back into
housing insecurity. The Secretary of Veterans Affairs shall ensure that
any medical information included in the report is de-identified.
SEC. 6488. REPORT ON OBSTACLES TO VETERAN PARTICIPATION IN FEDERAL
HOUSING PROGRAMS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs, in coordination with the
Secretary of Housing and Urban Development, shall submit to Congress a
report on the obstacles veterans experience related to receiving
benefits under Federal housing programs, including obstacles relating
to women veterans, LGBTQ+ veterans, and multi-generational family types
and obstacles relating to eligibility requirements (including local
Area Median Income limits, chronicity and disability requirements, and
required documentation).
SEC. 6489. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES
OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS
KILLED ON JUNE 3, 1969.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall authorize the
inclusion on the Vietnam Veterans Memorial Wall in the District of
Columbia of the names of the 74 crew members of the U.S.S. Frank E.
Evans killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall consult
with the Secretary of the Interior, the American Battlefield Monuments
Commission, and other applicable authorities with respect to any
adjustments to the nomenclature and placement of names pursuant to
subsection (a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter 89 of
title 40, United States Code (commonly known as the ``Commemorative
Works Act''), shall not apply to any activities carried out under
subsection (a) or (b).
SEC. 6490. JAMAL KHASHOGGI PRESS FREEDOM ACCOUNTABILITY ACT OF 2021.
(a) Expanding Scope of Human Rights Reports With Respect to
Violations of Human Rights of Journalists.--The Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended as follows:
(1) In paragraph (12) of section 116(d)--
(A) in subparagraph (B)--
(i) by inserting ``or online harassment''
after ``direct physical attacks''; and
(ii) by inserting ``or surveillance'' after
``sources of pressure'';
(B) in subparagraph (C)(ii), by striking ``ensure
the prosecution'' and all that follows to the end of
the clause and inserting ``ensure the investigation,
prosecution, and conviction of government officials or
private individuals who engage in or facilitate digital
or physical attacks, including hacking, censorship,
surveillance, harassment, unlawful imprisonment, or
bodily harm, against journalists and others who
perform, or provide administrative support to, the
dissemination of print, broadcast, internet-based, or
social media intended to communicate facts or
opinion.'';
(C) by redesignating subparagraphs (B) and (C) (as
amended by subparagraph (A) of this section) as
subparagraphs (C) and (D), respectively; and
(D) by inserting after subparagraph (A) the
following new subparagraph:
``(B) an identification of countries in which there
were gross violations of internationally recognized
human rights (as such term is defined for purposes of
section 502B) committed against journalists;''.
(2) By redesignating the second subsection (i) of section
502B as subsection (j).
(3) In the first subsection (i) of section 502B--
(A) in paragraph (2)--
(i) by inserting ``or online harassment''
after ``direct physical attacks''; and
(ii) by inserting ``or surveillance'' after
``sources of pressure'';
(B) by redesignating paragraph (2) (as amended by
subparagraph (A) of this section) and paragraph (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) an identification of countries in which there were
gross violations of internationally recognized human rights
committed against journalists;''.
(b) Imposition of Sanctions on Persons Responsible for the
Commission of Gross Violations of Internationally Recognized Human
Rights Against Journalists.--
(1) Listing of persons who have committed gross violations
of internationally recognized human rights.--
(A) In general.--On or after the date on which a
person is listed pursuant to subparagraph (B), the
President shall impose the sanctions described in
paragraph (2) on each foreign person the President
determines, based on credible information, has
perpetrated, ordered, or otherwise directed the
extrajudicial killing of or other gross violation of
internationally recognized human rights committed
against a journalist or other person who performs, or
provides administrative support to, the dissemination
of print, broadcast, internet-based, or social media
intended to report newsworthy activities or
information, or communicate facts or fact-based
opinions.
(B) Publication of list.--The Secretary of State
shall publish on a publicly available website of the
Department of State a list of the names of each foreign
person determined pursuant to subparagraph (A) to have
perpetrated, ordered, or directed an act described in
such paragraph. Such list shall be updated at least
annually.
(C) Exception.--The President may waive the
imposition of sanctions under subparagraph (A) (and
omit a foreign person from the list published in
accordance with subparagraph (B)) or terminate such
sanctions and remove a foreign person from such list,
if the President certifies to the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate--
(i) that public identification of the
individual is not in the national interest of
the United States, including an unclassified
description of the factual basis supporting
such certification, which may contain a
classified annex; or
(ii) that appropriate foreign government
authorities have credibly--
(I) investigated the foreign person
and, as appropriate, held such person
accountable for perpetrating, ordering,
or directing the acts described in
subparagraph (A);
(II) publicly condemned violations
of the freedom of the press and the
acts described in subparagraph (A);
(III) complied with any requests
for information from international or
regional human rights organizations
with respect to the acts described in
subparagraph (A); and
(IV) complied with any United
States Government requests for
information with respect to the acts
described in subparagraph (A).
(2) Sanctions described.--The sanctions described in this
paragraph are the following:
(A) Asset blocking.--The President shall exercise
all of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in
property of a foreign person identified in the report
required under paragraph (1)(A) if such property and
interests in property are in the United States, come
within the United States, or come within the possession
or control of a United States person.
(B) Ineligibility for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
described in paragraph (1)(A) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien described
in paragraph (1)(A) is subject to
revocation of any visa or other entry
documentation regardless of when the
visa or other entry documentation is or
was issued.
(II) Immediate effect.--A
revocation under subclause (I) shall
take effect immediately, and
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(C) Exceptions.--
(i) Exception for intelligence
activities.--The sanctions described in this
paragraph shall not apply to any activity
subject to the reporting requirements under
title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(ii) Exception to comply with international
obligations.--The sanctions described in this
paragraph shall not apply with respect to an
alien if admitting or paroling the alien into
the United States is necessary to permit the
United States to comply with the Agreement
regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947,
between the United Nations and the United
States, or other applicable international
obligations.
(3) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this subsection.
(B) Penalties.--The penalties provided for in
subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C.
1705) shall apply to a foreign person that violates,
attempts to violate, conspires to violate, or causes a
violation of this subsection to the same extent that
such penalties apply to a person that commits an
unlawful act described in subsection (a) of such
section 206.
(4) Exception relating to the importation of goods.--
(A) In general.--The authorities and requirements
to impose sanctions under this section shall not
include any authority or requirement to impose
sanctions on the importation of goods.
(B) Good defined.--For purposes of this section,
the term ``good'' means any article, natural or man-
made substance, material, supply, or manufactured
product, including inspection and test equipment and
excluding technical data.
(5) Definitions.--In this subsection:
(A) Admitted; alien.--The terms ``admitted'' and
``alien'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8
U.S.C. 1001).
(B) Foreign person.--The term ``foreign person''
means an individual who is not--
(i) a United States citizen or national; or
(ii) an alien lawfully admitted for
permanent residence to the United States.
(C) United states person.--The term ``United States
person'' means--
(i) a United States citizen, an alien
lawfully admitted for permanent residence to
the United States, or any other individual
subject to the jurisdiction of the United
States;
(ii) an entity organized under the laws of
the United States or of any jurisdiction within
the United States, including a foreign branch
of such entity; or
(iii) any person in the United States.
(c) Prohibition on Foreign Assistance.--
(1) Prohibition.--Assistance authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms
Export Control Act (22 U.S.C. 2751 et seq.) may not be made
available to any governmental entity of a country if the
Secretary of State or the Director of National Intelligence has
credible information that one or more officials associated
with, leading, or otherwise acting under the authority of such
entity has committed a gross violation of internationally
recognized human rights against a journalist or other person
who performs, or provides administrative support to, the
dissemination of print, broadcast, internet-based, or social
media intended to report newsworthy activities or information,
or communicate facts or fact-based opinions. To the maximum
extent practicable, a list of such governmental entities shall
be published on publicly available websites of the Department
of State and of the Office of the Director of National
Intelligence and shall be updated on a regular basis.
(2) Prompt information.--The Secretary of State shall
promptly inform appropriate officials of the government of a
country from which assistance is withheld in accordance with
the prohibition under paragraph (1).
(3) Exception.--The prohibition under paragraph (1) shall
not apply with respect to the following:
(A) Humanitarian assistance or disaster relief
assistance authorized under the Foreign Assistance Act
of 1961.
(B) Assistance the Secretary determines to be
essential to assist the government of a country to
bring the responsible members of the relevant
governmental entity to justice for the acts described
in paragraph (1).
(4) Waiver.--
(A) In general.--The Secretary of State, may waive
the prohibition under paragraph (1) with respect to a
governmental entity of a country if--
(i) the President, acting through the
Secretary of State and the Director of National
Intelligence, determines that such a waiver is
in the national security interest of the United
States; or
(ii) the Secretary of State has received
credible information that the government of
that country has--
(I) performed a thorough
investigation of the acts described in
paragraph (1) and is taking effective
steps to bring responsible members of
the relevant governmental entity to
justice;
(II) condemned violations of the
freedom of the press and the acts
described in paragraph (1);
(III) complied with any requests
for information from international or
regional human rights organizations
with respect to the acts described in
paragraph (1), in accordance with
international legal obligations to
protect the freedom of expression; and
(IV) complied with United States
Government requests for information
with respect to the acts described in
paragraph (1).
(B) Certification.--A waiver described in
subparagraph (A) may only take effect if--
(i) the Secretary of State certifies, not
later than 30 days before the effective date of
the waiver, to the Committee on Foreign Affairs
and the Committee on Appropriations of the
House of Representatives and the Committee on
Foreign Relations and the Committee on
Appropriations of the Senate that such waiver
is warranted and includes an unclassified
description of the factual basis supporting the
certification, which may contain a classified
annex; and
(ii) the Director of National Intelligence,
not later than 30 days before the effective
date of the waiver, submits to the Permanent
Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate a report detailing
any underlying information that the
intelligence community (as such term is defined
in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) has regarding the
perpetrators of the acts described in paragraph
(1), which shall be submitted in unclassified
form but may contain a classified annex.
SEC. 6491. INTERAGENCY ONE HEALTH PROGRAM.
(a) In General.--The Secretary of Health and Human Services, the
Secretary of Agriculture, and the Secretary of Interior (referred to in
this subtitle as the ``Secretaries''), in coordination with the United
States Agency for International Development, the Environmental
Protection Agency, the Department of Homeland Security, the Department
of Defense, the Department of Commerce, and other departments and
agencies as appropriate, shall develop, publish, and submit to Congress
a national One Health Framework (referred to in this Act as the
``framework'') for coordinated Federal Activities under the One Health
Program.
(b) National One Health Framework.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretaries, in cooperation with
the United States Agency for International Development, the
Environmental Protection Agency, the Department of Homeland
Security, the Department of Defense, the Department of
Commerce, and other departments and agencies as appropriate,
shall develop, publish, and submit to Congress a One Health
Framework (referred to in this section as the ``framework'')
for coordinated Federal activities under the One Health
Program.
(2) Contents of framework.--The framework described in
paragraph (1) shall describe existing efforts and contain
recommendations for building upon and complementing the
activities of the Centers for Disease Control and Prevention,
the Food and Drug Administration, the Office of the Assistant
Secretary for Preparedness and Response, the Public Health
Service Corps, the Department of Agriculture, the United States
Agency for International Development, the Environmental
Protection Agency, the National Institutes of Health, the
Department of Homeland Security, the Department of the
Interior, and other departments and agencies, as appropriate,
and shall--
(A) assess, identify, and describe, as appropriate,
existing activities of Federal agencies and departments
under the One Health Program and consider whether all
relevant agencies are adequately represented;
(B) for the 10-year period beginning in the year
the framework is submitted, establish specific Federal
goals and priorities that most effectively advance--
(i) scientific understanding of the
connections between human, animal, and
environmental health;
(ii) coordination and collaboration between
agencies involved in the framework including
sharing data and information, engaging in joint
fieldwork, and engaging in joint laboratory
studies related to One Health;
(iii) identification of priority zoonotic
diseases and priority areas of study;
(iv) surveillance of priority zoonotic
diseases and their transmission between animals
and humans;
(v) prevention of priority zoonotic
diseases and their transmission between animals
and humans;
(vi) protocol development to improve joint
outbreak response to and recovery from zoonotic
disease outbreaks in animals and humans; and
(vii) workforce development to prevent and
respond to zoonotic disease outbreaks in
animals and humans;
(C) describe specific activities required to
achieve the goals and priorities described in
subparagraph (B), and propose a timeline for achieving
these goals;
(D) identify and expand partnerships, as
appropriate, among Federal agencies, States, Indian
tribes, academic institutions, nongovernmental
organizations, and private entities in order to develop
new approaches for reducing hazards to human and animal
health and to strengthen understanding of the value of
an integrated approach under the One Health Program to
addressing public health threats in a manner that
prevents duplication;
(E) identify best practices related to State and
local-level research coordination, field activities,
and disease outbreak preparedness, response, and
recovery related to One Health; and
(F) provide recommendations to Congress regarding
additional action or legislation that may be required
to assist in establishing the One Health Program.
(3) Addendum.--Not later than three years after the
creation of the framework, the Secretary, in coordination with
the agencies described in paragraph (1), shall submit to
Congress an addendum to the framework that describes the
progress made in advancing the activities described in the
framework.
(c) GAO Report.--Not later than two years after the date of the
submission of the addendum under section (b)(3), the Comptroller
General of the United States shall submit to Congress a report that--
(1) details existing collaborative efforts between the
Centers for Disease Control and Prevention, the Food and Drug
Administration, the Department of Agriculture, the United
States Agency for International Development, the Environmental
Protection Agency, the National Institutes of Health, the
Department of Homeland Security, the Department of the
Interior, and other departments and agencies to prevent and
respond to zoonotic disease outbreaks in animals and humans;
and
(2) contains an evaluation of the framework and the
specific activities requested to achieve the framework.
SEC. 6492. SUPPORT FOR AFGHAN SPECIAL IMMIGRANT VISA AND REFUGEE
APPLICANTS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should increase support for nationals of Afghanistan who aided
the United States mission in Afghanistan during the past twenty years
and are now under threat from the Taliban, specifically special
immigrant visa applicants who are nationals of Afghanistan and
referrals of nationals of Afghanistan to the United States Refugee
Admissions Program, including through the Priority 2 Designation for
nationals of Afghanistan, who remain in Afghanistan or are in third
countries.
(b) Requirements.--The Secretary of State, in coordination with the
Secretary of Homeland Security and the heads of other relevant Federal
departments and agencies, shall--
(1) prioritize for evacuation from Afghanistan bona fide
special immigrant visa applicants who are nationals of
Afghanistan and referrals of nationals of Afghanistan to the
United States Refugee Admissions Program, including through the
Priority 2 Designation for nationals of Afghanistan;
(2) facilitate the rapid departure of such individuals from
Afghanistan by air charter and land passage;
(3) provide letters of support, diplomatic notes and other
documentation, as appropriate, to ease transit of such
individuals;
(4) engage governments of relevant countries to better
facilitate evacuation;
(5) disseminate frequent updates to such individuals and
relevant nongovernmental organizations;
(6) identify or establish sufficient locations outside of
Afghanistan that will accept such individuals during
application processing; and
(7) further surge capacity to better support such
individuals and reduce their application processing times,
while ensuring strict and necessary security vetting,
including, to the extent practicable, enabling refugee
referrals to initiate application processes while still in
Afghanistan.
(c) Strategy and Reporting.--The Secretary of State, in
coordination with the Secretary of Homeland Security and the heads of
other relevant Federal departments and agencies, shall submit to the
committees on Foreign Affairs, Judiciary, Homeland Security, and Armed
Services of the House of Representatives and the committees on Foreign
Relations, Judiciary, Homeland Security and Governmental Affairs, and
Armed Services of the Senate the following:
(1) Not later than 60 days after the date of the enactment
of this Act, a strategy, with a classified annex if necessary,
to safely process nationals of Afghanistan abroad who have
pending special immigrant visa applications and refugee
referrals, which strategy shall include steps by the United
States Government to carry out each of paragraphs (1) through
(7) of subsection (b).
(2) Not later than 60 days after the date of the enactment
of this Act, and every month thereafter until December 31,
2022, a report, with a classified annex if necessary, that
includes the following:
(A) The number of nationals of Afghanistan--
(i) referred to the United States Refugee
Admissions Program through Priority 1 and
Priority 2 referrals, including whether such
individuals remain in Afghanistan or outside
Afghanistan, and the number of refugee
applications for such individuals that are
approved, denied, and pending; and
(ii) who have pending special immigrant
visa applications who remain in Afghanistan or
in a third country, disaggregated by the
special immigrant visa processing steps
completed with respect to such individuals.
(B) Steps taken to implement each element of the
strategy described in paragraph (1).
SEC. 6493. REVIEW AND REPORT OF EXPERIMENTATION WITH TICKS AND INSECTS.
(a) Review.--The Comptroller General of the United States shall
conduct a review of whether the Department of Defense experimented with
ticks, other insects, airborne releases of tick-borne bacteria,
viruses, pathogens, or any other tick-borne agents regarding use as a
biological weapon between the years of 1950 and 1977.
(b) Report.--If the Comptroller General of the United States finds
that any experiment described under subsection (a) occurred, the
Comptroller General shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on--
(1) the scope of such experiment; and
(2) whether any ticks, insects, or other vector-borne
agents used in such experiment were released outside of any
laboratory by accident or experiment design.
SEC. 6494. INCREASE IN LENGTH OF POST-EMPLOYMENT BAN ON LOBBYING BY
CERTAIN FORMER SENIOR EXECUTIVE BRANCH PERSONNEL.
(a) Increase in Length of Ban.--Section 207(c) of title 18, United
States Code, is amended--
(1) in the heading, by striking ``One-year'' and inserting
``Two-year''; and
(2) in paragraph (1), by striking ``within 1 year after the
termination'' and inserting ``within 2 years after the
termination''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to any individual who, on or after the date of the
enactment of this Act, leaves a position to which subsection (c) of
section 207 of title 18, United States Code, applies.
SEC. 6495. AFGHAN REFUGEES OF SPECIAL HUMANITARIAN CONCERN.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall designate as Priority 2 refugees
of special humanitarian concern the following individuals:
(1) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless
persons;
(C) have suffered persecution or have a well-
founded fear of persecution; and
(D) share common occupational characteristics that
identify them as targets of persecution in Afghanistan
on account of race, religion, nationality, membership
in a particular social group, or political opinion, as
determined by the Secretary of State, including the
following:
(i) Civil servants.
(ii) Public officials and government
personnel, including members of the peace
negotiation team.
(iii) Democracy and human rights defenders.
(iv) Women's rights defenders.
(v) Journalists and media personnel.
(vi) Legal professionals.
(2) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless
persons; and
(C) were employed in Afghanistan for an aggregate
period of not less than 1 year by--
(i) a media or nongovernmental organization
based in the United States; or
(ii) an organization or entity that has
received a grant from, or entered into a
cooperative agreement or contract with, the
United States Government.
(3) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless
persons; and
(C) are beneficiaries of an approved I-130 Petition
for Alien Relative.
(b) Processing of Afghan Refugees.--The processing of individuals
who are or were habitual residents of Afghanistan, are nationals of
Afghanistan or stateless persons, and have suffered persecution, or
have a well-founded fear of persecution, for classification as refugees
may occur in Afghanistan or in a third country.
(c) Eligibility for Admission as a Refugee.--An alien may not be
denied the opportunity to apply for admission as a refugee under this
section solely because such alien qualifies as an immediate relative of
a national of the United States or is eligible for admission to the
United States under any other immigrant classification.
(d) Identification of Other Persecuted Groups.--The Secretary of
State, or the designee of the Secretary, is authorized to classify
other groups of individuals who are or were nationals and residents of
Afghanistan as Priority 2 refugees of special humanitarian concern.
(e) Satisfaction of Other Requirements.--Aliens designated as
Priority 2 refugees of special humanitarian concern under this section
shall be deemed to satisfy the requirements under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the
United States.
(f) Timeline for Processing Applications.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security shall ensure that all steps under the
control of the United States Government incidental to the
approval of such applications, including required screenings
and background checks, are completed not later than 6 months
after the date on which an eligible applicant submits an
application under subsection (a).
(2) Exception.--Notwithstanding paragraph (1), the United
States Refugee Admission Program may take additional time to
process applications described in paragraph (1) if satisfaction
of national security concerns requires such additional time, if
the Secretary of Homeland Security, or the designee of the
Secretary, has determined that the applicant meets the
requirements for status as a refugee of special humanitarian
concern under this section and has so notified the applicant.
(g) Additional Forms of Immigration Relief.--The Secretary of State
shall consider additional forms of immigration relief available to
Afghans and coordinate with embassies, nongovernmental organizations,
and the United Nations High Commissioner for Refugees to receive
referrals for individuals who--
(1) are or were habitual residents of Afghanistan;
(2) are nationals of Afghanistan or stateless persons; and
(3) are described in subsection (a) or otherwise face
humanitarian concerns.
(h) Issuance of Travel Documents.--Each officer or employee of the
Federal Government whose official duties include issuing travel
documentation, diplomatic notes, letters of support, or other relevant
materials for individuals described in subsection (a) or for nationals
of Afghanistan who are applying for special immigrant visas or any
other humanitarian relief under the immigration laws, shall carry out
such duties as expeditiously as possible, and shall prioritize
facilitating the evacuation of such individuals.
(i) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State, in coordination with the
Secretary of Defense and the Secretary of Homeland Security,
should establish a special humanitarian parole program that--
(A) is for individuals described in subsection (a)
and for nationals of Afghanistan who are applying for
special immigrant visas or any other humanitarian
relief under the immigration laws, who are human rights
defenders, democracy workers, women's rights activists,
women politicians, journalists, or other highly visible
women leaders; and
(B) prioritizes providing assistance for women; and
(2) women's organizations in Afghanistan should be included
as recipients of any Federal funding for assistance in
Afghanistan, such as for food, water, and shelter, as such
organizations serve as trusted resources for vulnerable Afghan
women seeking such assistance, most often as they are fleeing
direct violence and threats on their lives.
SEC. 6496. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC AND SECURITY
IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.
(a) Establishment.--Title I of the National Quantum Initiative Act
(15 U.S.C. 8811 note et al.) is amended--
(1) by redesignating section 105 as section 106; and
(2) by inserting after section 104 the following new
section:
``SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY IMPLICATIONS OF
QUANTUM INFORMATION SCIENCE.
``(a) Establishment.--The President shall establish, through the
National Science and Technology Council, the Subcommittee on the
Economic and Security Implications of Quantum Information Science.
``(b) Membership.--The Subcommittee shall include a representative
of--
``(1) the Department of Energy;
``(2) the Department of Defense;
``(3) the Department of Commerce;
``(4) the Department of Homeland Security;
``(5) the Office of the Director of National Intelligence;
``(6) the Office of Management and Budget;
``(7) the Office of Science and Technology Policy;
``(8) the Federal Bureau of Investigation;
``(9) the National Science Foundation; and
``(10) such other Federal department or agency as the
President considers appropriate.
``(c) Chairpersons.--The Subcommittee shall be jointly chaired by
the Secretary of Defense, the Secretary of Energy, the Director of
National Intelligence, and the Director of the Office of Science and
Technology Policy.
``(d) Responsibilities.--The Subcommittee shall--
``(1) in coordination with the Director of the Office and
Management and Budget and the Director of the National Quantum
Coordination Office, track investments of the Federal
Government in quantum information science research and
development;
``(2) review and assess any economic or security
implications of such investments;
``(3) review and assess any counterintelligence risks or
other foreign threats to such investments;
``(4) establish goals and priorities of the Federal
Government and make recommendations to Federal departments and
agencies and the Director of the National Quantum Coordination
Office to address any counterintelligence risks or other
foreign threats identified as a result of an assessment under
paragraph (3);
``(5) assess the export of technology associated with
quantum information science and recommend to the Secretaries of
Commerce, Defense, and State export controls necessary to
protect the economic and security interests of the United
States as a result of such assessment;
``(6) recommend to Federal departments and agencies
investment strategies in quantum information science that
advance the economic and security interest of the United
States;
``(7) recommend to the Director of National Intelligence,
the Secretary of Defense, and the Secretary of Energy,
appropriate protections to address counterintelligence risks or
other foreign threats identified as a result of the assessment
under paragraph (3); and
``(8) in coordination with the Subcommittee on Quantum
Information Science, ensure the approach of the United States
to investments of the Federal Government in quantum information
science research and development reflects a balance between
scientific progress and the potential economic and security
implications of such progress.
``(e) Technical and Administrative Support.--
``(1) In general.--The Secretary of Defense, the Secretary
of Energy, the Director of National Intelligence, and the
Director of the National Quantum Coordination Office may
provide to the Subcommittee personnel, equipment, facilities,
and such other technical and administrative support as may be
necessary for the Subcommittee to carry out the
responsibilities of the Subcommittee under this section.
``(2) Support related to classified information.--The
Director of the Office of Science and Technology Policy, and
(to the extent practicable) the Secretary of Defense and the
Director of National Intelligence, shall provide to the
Subcommittee technical and administrative support related to
the responsibilities of the Subcommittee that involve
classified information, including support related to sensitive
compartmented information facilities and the storage of
classified information.''.
(b) Sunset for Subcommittee.--
(1) Inclusion in sunset provision.--Such title is further
amended in section 106, as redesignated by subsection (a), by
striking ``103, and 104'' and inserting ``103, 104, and 105''.
(2) Effective date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
National Quantum Initiative Act (15 U.S.C. 8801 note et al.).
(c) Conforming Amendments.--The National Quantum Initiative Act (15
U.S.C. 8801 note et al.) is further amended--
(1) in section 2, by striking paragraph (7) and inserting
the following new paragraphs:
``(7) Subcommittee on economic and security implications.--
The term `Subcommittee on Economic and Security Implications'
means the Subcommittee on the Economic and Security
Implications of Quantum Information Science established under
section 105(a).
``(8) Subcommittee on quantum information science.--The
term `Subcommittee on Quantum Information Science' means the
Subcommittee on Quantum Information Science of the National
Science and Technology Council established under section
103(a).'';
(2) in section 102(b)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``on Quantum Information Science;'';
(B) in subparagraph (B), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(C) the Subcommittee on Economic and Security
Implications;''; and
(3) in section 104(d)(1), by striking `` and the
Subcommittee'' and inserting ``, the Subcommittee on Quantum
Information Science, and the Subcommittee on Economic and
Security Implications''
(d) Clerical Amendment.--The table of sections at the beginning of
the National Quantum Initiative Act (15 U.S.C. 8801 note et al.) is
amended by striking the item relating to section 105 and inserting the
following new items:
``105. Subcommittee on the Economic and Security Implications of
Quantum Information Science.
``106. Sunset.''.
SEC. 6497. REPORT ON EFFECTIVENESS OF TALIBAN SANCTIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury shall submit to Congress a report on
the status of United States and United Nations sanctions imposed with
respect to the Taliban that includes--
(1) a description of any gaps in current sanctions
authorities to block the Taliban's sources of finance given the
current situation in Afghanistan and the Taliban's takeover;
(2) recommendations for ways current sanctions can be
enhanced to block the Taliban's profit from the drug trade and
the trade of rare earth minerals, as well as from economic
relations between the Taliban and China; and
(3) a list of current waivers and licenses granted with
respect to sanctions imposed with respect to Afghanistan, the
reasons behind them, and how such waivers and licenses affect
the Taliban's financing.
SEC. 6498. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR AL-ASSAD.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the estimated
net worth and known sources of income of Syrian President Bashar al-
Assad and his family members (including spouse, children, siblings, and
paternal and maternal cousins), including income from corrupt or
illicit activities and including assets, investments, other business
interests, and relevant beneficial ownership information.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary.
The unclassified portion of such report shall be made available on a
publicly available internet website of the Federal Government.
SEC. 6499. REPORT ON ASSISTANCE TO TURKMENISTAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall submit to
the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate a report on the impact
of assistance provided to Turkmenistan that includes the following:
(1) A description of assistance provided or intended to be
provided to Turkmenistan.
(2) A description of the objectives, and progress meeting
such objectives, of such assistance, including as it relates to
a strategy on United States engagement with Turkmenistan.
(3) An assessment of the impact on public health outcomes
related to COVID-19 in Turkmenistan.
(4) A description of metrics and evidence used to measure
such outcomes.
SEC. 6499A. REPORT ON SPACE DEBRIS AND LOW EARTH ORBIT SATELLITES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the National Space Council shall submit to the
appropriate congressional committees a report that includes--
(1) an assessment of the risks space debris orbiting the
Earth imposes on night sky luminance, collision risk, radio
interference, astronomical data loss by satellite streaks, and
other potential factors relevant to space exploration,
research, and national security; and
(2) the current and future impact of low Earth orbit
satellites on night sky luminance and how such satellites may
impact space exploration, research, and national security.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Science, Space, and Technology, and the Committee on Energy and
Commerce of the House of Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 6499B. STUDY ON SUPPLY CHAINS CRITICAL TO NATIONAL SECURITY.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence and the Director of the
Central Intelligence Agency shall jointly--
(1) complete a study--
(A) to identify--
(i) supply chains that are critical to the
national security, economic security, or public
health or safety of the United States; and
(ii) important vulnerabilities in such
supply chains; and
(B) to develop recommendations for legislative or
administrative action to secure the supply chains
identified under subparagraph (A)(i); and
(2) submit to the congressional intelligence committees (as
that term is defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003)) the findings of the directors with
respect to the study conducted under paragraph (1).
SEC. 6499C. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND ASEAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
heads of other Federal departments and agencies as appropriate, shall
develop and submit to the appropriate congressional committees a
comprehensive strategy for engagement with Southeast Asia and the
Association of Southeast Asian Nations (ASEAN).
(b) Matters To Be Included.--The strategy required by subsection
(a) shall include the following:
(1) A statement of enduring United States interests in
Southeast Asia and a description of efforts to bolster the
effectiveness of ASEAN.
(2) A description of efforts to--
(A) deepen and expand Southeast Asian alliances,
partnerships, and multilateral engagements, including
efforts to expand broad based and inclusive economic
growth, security ties, security cooperation and
interoperability, economic connectivity, and expand
opportunities for ASEAN to work with other like-minded
partners in the region; and
(B) encourage like-minded partners outside of the
Indo-Pacific region to engage with ASEAN.
(3) A summary of initiatives across the whole of the United
States Government to strengthen the United States partnership
with Southeast Asian nations and ASEAN, including to promote
broad based and inclusive economic growth, trade, investment,
energy innovation and sustainability, public-private
partnerships, physical and digital infrastructure development,
education, disaster management, public health and global health
security, and economic, political, and public diplomacy in
Southeast Asia.
(4) A summary of initiatives across the whole of the United
States Government to enhance the capacity of Southeast Asian
nations with respect to enforcing international law and
multilateral sanctions, and initiatives to cooperate with ASEAN
as an institution in these areas.
(5) A summary of initiatives across the whole of the United
States Government to promote human rights and democracy, to
strengthen the rule of law, civil society, and transparent
governance, to combat disinformation and to protect the
integrity of elections from outside influence.
(6) A summary of initiatives to promote security
cooperation and security assistance within Southeast Asian
nations, including--
(A) maritime security and maritime domain awareness
initiatives for protecting the maritime commons and
supporting international law and freedom of navigation
in the South China Sea; and
(B) efforts to combat terrorism, human trafficking,
piracy, and illegal fishing, and promote more open,
reliable routes for sea lines of communication.
(c) Distribution of Strategy.--For the purposes of assuring allies
and partners in Southeast Asia and deepening United States engagement
with ASEAN, the Secretary of State shall direct each United States
chief of mission to ASEAN and its member states to distribute the
strategy required by subsection (a) to host governments.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 6499D. REPRESENTATION AND LEADERSHIP OF UNITED STATES IN
COMMUNICATIONS STANDARDS-SETTING BODIES.
(a) In General.--In order to enhance the representation of the
United States and promote United States leadership in standards-setting
bodies that set standards for 5G networks and for future generations of
wireless communications networks, the Assistant Secretary shall, in
consultation with the National Institute of Standards and Technology--
(1) equitably encourage participation by companies and a
wide variety of relevant stakeholders, but not including any
company or relevant stakeholder that the Assistant Secretary
has determined to be not trusted, (to the extent such
standards-setting bodies allow such stakeholders to
participate) in such standards-setting bodies; and
(2) equitably offer technical expertise to companies and a
wide variety of relevant stakeholders, but not including any
company or relevant stakeholder that the Assistant Secretary
has determined to be not trusted, (to the extent such
standards-setting bodies allow such stakeholders to
participate) to facilitate such participation.
(b) Standards-Setting Bodies.--The standards-setting bodies
referred to in subsection (a) include--
(1) the International Organization for Standardization;
(2) the voluntary standards-setting bodies that develop
protocols for wireless devices and other equipment, such as the
3GPP and the Institute of Electrical and Electronics Engineers;
and
(3) any standards-setting body accredited by the American
National Standards Institute or Alliance for Telecommunications
Industry Solutions.
(c) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary shall brief the
Committees on Energy and Commerce and Foreign Affairs of the House of
Representatives and the Committees on Commerce, Science, and
Transportation and Foreign Relations of the Senate on a strategy to
carry out subsection (a).
(d) Definitions.--In this section:
(1) 3GPP.--The term ``3GPP'' means the 3rd Generation
Partnership Project.
(2) 5G network.--The term ``5G network'' means a fifth-
generation mobile network as described by 3GPP Release 15 or
higher.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(4) Cloud computing.--The term ``cloud computing'' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, entitled ``The
NIST Definition of Cloud Computing'', published in September
2011, or any successor publication.
(5) Communications network.--The term ``communications
network'' means any of the following:
(A) A system enabling the transmission, between or
among points specified by the user, of information of
the user's choosing.
(B) Cloud computing resources.
(C) A network or system used to access cloud
computing resources.
(6) Not trusted.--The term ``not trusted'' means, with
respect to a company or stakeholder, that the company or
stakeholder is determined by the Assistant Secretary to pose a
threat to the national security of the United States. In making
such a determination, the Assistant Secretary shall rely solely
on one or more of the following determinations:
(A) A specific determination made by any executive
branch interagency body with appropriate national
security expertise, including the Federal Acquisition
Security Council established under section 1322(a) of
title 41, United States Code.
(B) A specific determination made by the Department
of Commerce pursuant to Executive Order No. 13873 (84
Fed. Reg. 22689; relating to securing the information
and communications technology and services supply
chain).
(C) Whether a company or stakeholder produces or
provides covered telecommunications equipment or
services, as defined in section 889(f)(3) of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1918).
SEC. 6499E. MALIGN FOREIGN TALENT RECRUITMENT PROGRAM PROHIBITION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, each Federal research agency shall establish a
requirement that, as part of a proposal for a research and development
award from the agency--
(1) each covered individual listed in the proposal for a
research and development award certify that they are not a
party to a malign foreign talent recruitment program from a
foreign country of concern in their proposal submission and
annually thereafter for the duration of the award; and
(2) each institution of higher education or other
organization applying for such an award certify that each
covered individual who is employed by the institution of higher
education or other organization has been made aware of the
requirement under this section.
(b) International Collaboration.--Each policy developed under
subsection (a) shall not prohibit--
(1) making scholarly presentations and publishing written
materials regarding scientific information not otherwise
controlled under current law;
(2) participation in international conferences or other
international exchanges, research projects or programs that
involve open and reciprocal exchange of scientific information,
and which are aimed at advancing international scientific
understanding;
(3) advising a foreign student enrolled at the covered
individual's institution of higher education or writing a
recommendation for such a student, at the student's request;
and
(4) other international activities deemed appropriate by
the Federal research agency head or their designee.
(c) Limitation.--The certifications required under subsection (a)
shall not apply retroactively to research and development awards made
prior to the establishment of the policy by the Federal research
agency.
(d) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
who--
(A) contributes in a substantive, meaningful way to
the scientific development or execution of a research
and development project proposed to be carried out with
a research and development award from a Federal
research agency; and
(B) is designated as a covered individual by the
Federal research agency concerned.
(2) The term ``Federal research agency'' means any Federal
agency with an annual extramural research expenditure of over
$100,000,000.
(3) The term ``foreign country of concern'' means the
People's Republic of China, the Democratic People's Republic of
Korea, the Russian Federation, the Islamic Republic of Iran, or
any other country deemed to be a country of concern as
determined by the Department of State.
(4) The term ``Malign foreign talent program'' means any
program, position, or activity that includes compensation,
including cash, research funding, promised future compensation,
or things of value, directly provided by the foreign state at
any level (national, provincial or local) or other foreign
entity, whether or not directly sponsored by the foreign state,
to the targeted individual in exchange for the individual--
(A) transferring intellectual property, materials,
or data products owned by a U.S. entity or developed
with a federal research and development award
exclusively to the foreign country's government or
other foreign entity regardless of whether that
government or entity provided support for the
development of the intellectual property, materials, or
data products;
(B) being required to recruit students or
researchers to enroll in malign foreign talent programs
sponsored by the foreign state or entity; or
(C) establishing a laboratory, accepting a faculty
position, or undertaking any other employment or
appointment in the foreign state or entity contrary to
the standard terms and conditions of a federal research
and development award.
(5) The term ``research and development award'' means
support provided to an individual or entity by a Federal
research agency to carry out research and development
activities, which may include support in the form of a grant,
contract, cooperative agreement, or other such transaction. The
term does not include a grant, contract, agreement or other
transaction for the procurement of goods or services to meet
the administrative needs of a Federal research agency.
SEC. 6499F. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.
(a) In General.--There is established the National Equal Pay
Enforcement Task Force, consisting of representatives from the Equal
Employment Opportunity Commission, the Department of Justice, the
Department of Labor, and the Office of Personnel Management.
(b) Mission.--In order to improve compliance, public education, and
enforcement of equal pay laws, the National Equal Pay Enforcement Task
Force will ensure that the agencies in subsection (a) are coordinating
efforts and limiting potential gaps in enforcement.
(c) Duties.--The National Equal Pay Enforcement Task Force shall
investigate challenges related to pay inequity pursuant to its mission
in subsection (b), advance recommendations to address those challenges,
and create action plans to implement the recommendations.
SEC. 6499G. ENSURING THAT CONTRACTOR EMPLOYEES ON ARMY CORPS PROJECTS
ARE PAID PREVAILING WAGES AS REQUIRED BY LAW.
The Assistant Secretary of the Army for Civil Works shall provide
to each Army Corps district clarifying, uniform guidance with respect
to prevailing wage requirements for contractors and subcontractors of
the Army Corps that--
(1) conforms with the Department of Labor's regulations,
policies, and guidance with respect to the proper
implementation and enforcement of subchapter IV of chapter 31
of title 40, United States Code (commonly known as the "Davis-
Bacon Act") and other related Acts, including the proper
classification of all crafts by Federal construction
contractors and subcontractors;
(2) directs Army Corps districts to investigate worker
complaints and third-party complaints within 30 days of the
date of filing; and
(3) instructs Army Corps districts that certified payroll
reports submitted by contractors and subcontractors and the
information contained therein shall be publicly available and
are not exempt from disclosure under section 552(b) of title 5,
United States Code.
SEC. 6499H. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES
LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public
Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds
received as compensation for an easement described in
subsection (e); and''.
SEC. 6499I. AMENDMENT TO RADIATION EXPOSURE COMPENSATION ACT.
Section 2(a)(1) of the Radiation Exposure Compensation Act (Public
Law 101-426; 42 U.S.C. 2210 note) is amended by inserting ``, including
individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas,
Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam,
and the Northern Mariana Islands,'' after ``tests exposed
individuals''.
SEC. 6499J. LIMITATION ON LICENSES AND OTHER AUTHORIZATIONS FOR EXPORT
OF CERTAIN ITEMS REMOVED FROM THE JURISDICTION OF THE
UNITED STATES MUNITIONS LIST AND MADE SUBJECT TO THE
JURISDICTION OF THE EXPORT ADMINISTRATION REGULATIONS.
(a) In General.--The Secretary of Commerce may not grant a license
or other authorization for the export of covered items unless before
granting the license or other authorization the Secretary submits to
the chairman and ranking member of the Committee on Foreign Affairs of
the House of Representatives and the chairman and ranking member of the
Committee on Foreign Affairs of the Senate a written certification with
respect to such proposed export license or other authorization
containing--
(1) the name of the person applying for the license or
other authorization;
(2) the name of the person who is the proposed recipient of
the export;
(3) the name of the country or international organization
to which the export will be made;
(4) a description of the items proposed to be exported; and
(5) the value of the items proposed to be exported.
(b) Form.--A certification required under subsection (a) shall be
submitted in unclassified form, except that information regarding the
dollar value and number of items proposed to be exported may be
restricted from public disclosure if such disclosure would be
detrimental to the security of the United States.
(c) Deadlines; Waiver.--A certification required under subsection
(a) shall be submitted--
(1) at least 15 calendar days before a proposed export
license or other authorization is granted in the case of a
transfer of items to a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, the Republic
of Korea, Israel, or New Zealand, and
(2) at least 30 calendar days before a proposed export
license or other authorization is issued in the case of a
transfer of items to any other country.
(d) Congressional Resolution of Disapproval.--A proposed export
license or other authorization described in paragraph (1) of subsection
(c) shall become effective after the end of the 15-day period described
in such paragraph, and a proposed export license or other authorization
described in paragraph (2) of subsection (c) shall become effective
after the end of the 30-day period specified in such paragraph, only if
the Congress does not enact, within the applicable time period, a joint
resolution prohibiting the export of items with respect to the proposed
export license.
(e) Definitions.--In this section:
(1) Covered items.--The term ``covered items'' means items
that--
(A) were included in category I of the United
States Munitions List (as in effect on January 1,
2020);
(B) were removed from the United States Munitions
List and made subject to the jurisdiction of the Export
Administration Regulations through publication in the
Federal Register on January 23, 2020; and
(C) are valued at $1,000,000 or more.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
(3) United states munitions list.--The term ``United States
Munitions List'' means the list maintained pursuant to part 121
of title 22, Code of Federal Regulations.
SEC. 6499K. STUDY ON FACTORS AFFECTING EMPLOYMENT OPPORTUNITIES FOR
IMMIGRANTS AND REFUGEES WITH PROFESSIONAL CREDENTIALS
OBTAINED IN FOREIGN COUNTRIES.
(a) Study Required.--
(1) In general.--The Secretary of Labor shall conduct a
study on the factors affecting employment opportunities in the
United States for applicable immigrants and refugees with
professional credentials obtained in countries other than the
United States.
(2) Coordination.--The Department of Labor shall conduct
this study in coordination with the Secretary of State, the
Secretary of Education, the Secretary of Health and Human
Services, the Secretary of Commerce, the Secretary of Homeland
Security, the Administrator of the Internal Revenue Service,
and the Commissioner of the Social Security Administration.
(3) Work with other entities.--The Secretary of Labor shall
seek to work with relevant non-profit organizations and State
agencies to use the existing data and resources of such
entities to conduct the study in paragraph (1).
(4) Limitations on disclosure.--Any information provided to
the Secretary of Labor under this subsection shall be used only
for the purposes of, and to the extent necessary to ensure the
efficient operation of, the study described in paragraph (1).
No such information shall be disclosed to any other person or
entity except as provided in this subsection.
(b) Inclusions.--The study under subsection (a)(1) shall include
the following:
(1) An analysis of the employment history of applicable
immigrants and refugees admitted to the United States in the
last 5 years. This analysis shall include, to the extent
practicable, a comparison of the employment applicable
immigrants and refugees held prior to immigrating to the United
States with the employment obtained in the United States, if
any, since the arrival of such applicable immigrants and
refugees. This analysis shall also note the occupational and
professional credentials and academic degrees held by
applicable immigrants and refugees prior to immigrating to the
United States.
(2) An assessment of any barriers that prevent applicable
immigrants and refugees from using occupational experience
obtained outside the United States to obtain employment
opportunities in the United States.
(3) An analysis of existing public and private resources
assisting applicable immigrants and refugees who have
professional experience and qualifications obtained outside the
United States with using such professional experience and
qualifications to obtain skill-appropriate employment
opportunities in the United States.
(4) Policy recommendations for better enabling applicable
immigrants and refugees who have professional experience and
qualifications obtained outside the United States to use such
professional experience and qualifications to obtain skill-
appropriate employment opportunities in the United States.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to Congress
and make publically available on the website of the Department of Labor
a report that describes the results of the study conducted under
subsection (a)(1).
(d) Definitions.--
(1) Applicable immigrants and refugees.--For the purposes
of this section, the term ``applicable immigrants and
refugees''--
(A) means individuals who are--
(i) not citizens or nationals of the United
States but who are lawfully present and
authorized to be employed; or
(ii) naturalized citizens born outside of
the United States and its outlying possessions;
and
(B) includes individuals described in section
602(b)(2) of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note).
(2) Other terms.--Except as otherwise defined in this
subsection, terms used in this section have the definitions
given such terms under section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)).
TITLE LXV--SECURING AND ENABLING COMMERCE USING REMOTE AND ELECTRONIC
NOTARIZATION
SEC. 6501. DEFINITIONS.
In this title:
(1) Communication technology.--The term ``communication
technology'', with respect to a notarization, means an
electronic device or process that allows the notary public
performing the notarization and a remotely located individual
to communicate with each other simultaneously by sight and
sound during the notarization.
(2) Electronic; electronic record; electronic signature;
information; person; record.--The terms ``electronic'',
``electronic record'', ``electronic signature'',
``information'', ``person'', and ``record'' have the meanings
given those terms in section 106 of the Electronic Signatures
in Global and National Commerce Act (15 U.S.C. 7006).
(3) Law.--The term ``law'' includes any statute,
regulation, rule, or rule of law.
(4) Notarial officer.--The term ``notarial officer''
means--
(A) a notary public; or
(B) any other individual authorized to perform a
notarization under the laws of a State without a
commission or appointment as a notary public.
(5) Notarial officer's state; notary public's state.--The
term ``notarial officer's State'' or ``notary public's State''
means the State in which a notarial officer, or a notary
public, as applicable, is authorized to perform a notarization.
(6) Notarization.--The term ``notarization''--
(A) means any act that a notarial officer may
perform under--
(i) Federal law, including this title; or
(ii) the laws of the notarial officer's
State; and
(B) includes any act described in subparagraph (A)
and performed by a notarial officer--
(i) with respect to--
(I) a tangible record; or
(II) an electronic record; and
(ii) for--
(I) an individual in the physical
presence of the notarial officer; or
(II) a remotely located individual.
(7) Notary public.--The term ``notary public'' means an
individual commissioned or appointed as a notary public to
perform a notarization under the laws of a State.
(8) Personal knowledge.--The term ``personal knowledge'',
with respect to the identity of an individual, means knowledge
of the identity of the individual through dealings sufficient
to provide reasonable certainty that the individual has the
identity claimed.
(9) Remotely located individual.--The term ``remotely
located individual'', with respect to a notarization, means an
individual who is not in the physical presence of the notarial
officer performing the notarization.
(10) Requirement.--The term ``requirement'' includes a
duty, a standard of care, and a prohibition.
(11) Signature.--The term ``signature'' means--
(A) an electronic signature; or
(B) a tangible symbol executed or adopted by a
person and evidencing the present intent to
authenticate or adopt a record.
(12) Simultaneously.--The term ``simultaneously'', with
respect to a communication between parties--
(A) means that each party communicates
substantially simultaneously and without unreasonable
interruption or disconnection; and
(B) includes any reasonably short delay that is
inherent in, or common with respect to, the method used
for the communication.
(13) State.--The term ``State''--
(A) means--
(i) any State of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) any territory or possession of the
United States; and
(v) any federally recognized Indian Tribe;
and
(B) includes any executive, legislative, or
judicial agency, court, department, board, office,
clerk, recorder, register, registrar, commission,
authority, institution, instrumentality, county,
municipality, or other political subdivision of an
entity described in any of clauses (i) through (v) of
subparagraph (A).
SEC. 6502. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR
ELECTRONIC NOTARIZATION.
(a) Authorization.--Unless prohibited under section 6109, and
subject to subsection (b), a notary public may perform a notarization
that occurs in or affects interstate commerce with respect to an
electronic record.
(b) Requirements of Electronic Notarization.--If a notary public
performs a notarization under subsection (a), the following
requirements shall apply with respect to the notarization:
(1) The electronic signature of the notary public, and all
other information required to be included under other
applicable law, shall be attached to or logically associated
with the electronic record.
(2) The electronic signature and other information
described in paragraph (1) shall be bound to the electronic
record in a manner that renders any subsequent change or
modification to the electronic record evident.
SEC. 6503. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR REMOTE
NOTARIZATION.
(a) Authorization.--Unless prohibited under section 6109, and
subject to subsection (b), a notary public may perform a notarization
that occurs in or affects interstate commerce for a remotely located
individual.
(b) Requirements of Remote Notarization.--If a notary public
performs a notarization under subsection (a), the following
requirements shall apply with respect to the notarization:
(1) The remotely located individual shall appear personally
before the notary public at the time of the notarization by
using communication technology.
(2) The notary public shall--
(A) reasonably identify the remotely located
individual--
(i) through personal knowledge of the
identity of the remotely located individual; or
(ii) by obtaining satisfactory evidence of
the identity of the remotely located individual
by--
(I) using not fewer than 2 distinct
types of processes or services through
which a third person provides a means
to verify the identity of the remotely
located individual through a review of
public or private data sources; or
(II) oath or affirmation of a
credible witness who--
(aa)(AA) is in the physical
presence of the notary public
or the remotely located
individual; or
(BB) appears personally
before the notary public and
the remotely located individual
by using communication
technology;
(bb) has personal knowledge
of the identity of the remotely
located individual; and
(cc) has been identified by
the notary public under clause
(i) or subclause (I) of this
clause;
(B) either directly or through an agent--
(i) create an audio and visual recording of
the performance of the notarization; and
(ii) notwithstanding any resignation from,
or revocation, suspension, or termination of,
the notary public's commission or appointment,
retain the recording created under clause (i)
as a notarial record--
(I) for a period of not less than--
(aa) if an applicable law
of the notary public's State
specifies a period of
retention, the greater of--
(AA) that specified
period; or
(BB) 5 years after
the date on which the
recording is created;
or
(bb) if no applicable law
of the notary public's State
specifies a period of
retention, 10 years after the
date on which the recording is
created; and
(II) if any applicable law of the
notary public's State govern the
content, manner or place of retention,
security, use, effect, or disclosure of
such recording or any information
contained in the recording, in
accordance with those laws; and
(C) if the notarization is performed with respect
to a tangible or electronic record, take reasonable
steps to confirm that the record before the notary
public is the same record with respect to which the
remotely located individual made a statement or on
which the individual executed a signature.
(3) If a guardian, conservator, executor, personal
representative, administrator, or similar fiduciary or
successor is appointed for or on behalf of a notary public or a
deceased notary public under applicable law, that person shall
retain the recording under paragraph (2)(B)(ii), unless--
(A) another person is obligated to retain the
recording under applicable law of the notary public's
State; or
(B)(i) under applicable law of the notary public's
State, that person may transmit the recording to an
office, archive, or repository approved or designated
by the State; and
(ii) that person transmits the recording to the
office, archive, or repository described in clause (i)
in accordance with applicable law of the notary
public's State.
(4) If the remotely located individual is physically
located outside the geographic boundaries of a State, or is
otherwise physically located in a location that is not subject
to the jurisdiction of the United States, at the time of the
notarization--
(A) the record shall--
(i) be intended for filing with, or relate
to a matter before, a court, governmental
entity, public official, or other entity that
is subject to the jurisdiction of the United
States; or
(ii) involve property located in the
territorial jurisdiction of the United States
or a transaction substantially connected to the
United States; and
(B) the act of making the statement or signing the
record may not be prohibited by a law of the
jurisdiction in which the individual is physically
located.
(c) Personal Appearance Satisfied.--If a State or Federal law
requires an individual to appear personally before or be in the
physical presence of a notary public at the time of a notarization,
that requirement shall be considered to be satisfied if--
(1) the individual--
(A) is a remotely located individual; and
(B) appears personally before the notary public at
the time of the notarization by using communication
technology; and
(2)(A) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notary
public's State; or
(B) the notarization occurs in or affects interstate
commerce.
SEC. 6504. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURT.
(a) Recognition of Validity.--Each court of the United States shall
recognize as valid under the State or Federal law applicable in a
judicial proceeding before the court any notarization performed by a
notarial officer of any State if the notarization is valid under the
laws of the notarial officer's State or under this title.
(b) Legal Effect of Recognized Notarization.--A notarization
recognized under subsection (a) shall have the same effect under the
State or Federal law applicable in the applicable judicial proceeding
as if that notarization was validly performed--
(1)(A) by a notarial officer of the State, the law of which
is applicable in the proceeding; or
(B) under this title or other Federal law; and
(2) without regard to whether the notarization was
performed--
(A) with respect to--
(i) a tangible record; or
(ii) an electronic record; or
(B) for--
(i) an individual in the physical presence
of the notarial officer; or
(ii) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the validity
of a notarization for the purposes of subsection (a), the signature and
title of an individual performing the notarization shall be prima facie
evidence in any court of the United States that the signature of the
individual is genuine and that the individual holds the designated
title.
(d) Conclusive Evidence of Authority.--In a determination of the
validity of a notarization for the purposes of subsection (a), the
signature and title of the following notarial officers of a State shall
conclusively establish the authority of the officer to perform the
notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of that
State.
SEC. 6505. RECOGNITION BY STATE OF NOTARIZATIONS PERFORMED UNDER
AUTHORITY OF ANOTHER STATE.
(a) Recognition of Validity.--Each State shall recognize as valid
under the laws of that State any notarization performed by a notarial
officer of any other State if--
(1) the notarization is valid under the laws of the
notarial officer's State or under this title; and
(2)(A) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notarial
officer's State; or
(B) the notarization occurs in or affects interstate
commerce.
(b) Legal Effect of Recognized Notarization.--A notarization
recognized under subsection (a) shall have the same effect under the
laws of the recognizing State as if that notarization was validly
performed by a notarial officer of the recognizing State, without
regard to whether the notarization was performed--
(1) with respect to--
(A) a tangible record; or
(B) an electronic record; or
(2) for--
(A) an individual in the physical presence of the
notarial officer; or
(B) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the validity
of a notarization for the purposes of subsection (a), the signature and
title of an individual performing a notarization shall be prima facie
evidence in any State court or judicial proceeding that the signature
is genuine and that the individual holds the designated title.
(d) Conclusive Evidence of Authority.--In a determination of the
validity of a notarization for the purposes of subsection (a), the
signature and title of the following notarial officers of a State
conclusively establish the authority of the officer to perform the
notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of that
State.
SEC. 6506. ELECTRONIC AND REMOTE NOTARIZATION NOT REQUIRED.
Nothing in this title may be construed to require a notary public
to perform a notarization--
(1) with respect to an electronic record;
(2) for a remotely located individual; or
(3) using a technology that the notary public has not
selected.
SEC. 6507. VALIDITY OF NOTARIZATIONS; RIGHTS OF AGGRIEVED PERSONS NOT
AFFECTED; STATE LAWS ON THE PRACTICE OF LAW NOT AFFECTED.
(a) Validity Not Affected.--The failure of a notary public to meet
a requirement under section 6102 or 6103 in the performance of a
notarization, or the failure of a notarization to conform to a
requirement under section 6102 or 6103, shall not invalidate or impair
the recognition of the notarization.
(b) Rights of Aggrieved Persons.--The validity and recognition of a
notarization under this title may not be construed to prevent an
aggrieved person from seeking to invalidate a record or transaction
that is the subject of a notarization or from seeking other remedies
based on State or Federal law other than this title for any reason not
specified in this title, including on the basis--
(1) that a person did not, with present intent to
authenticate or adopt a record, execute a signature on the
record;
(2) that an individual was incompetent, lacked authority or
capacity to authenticate or adopt a record, or did not
knowingly and voluntarily authenticate or adopt a record; or
(3) of fraud, forgery, mistake, misrepresentation,
impersonation, duress, undue influence, or other invalidating
cause.
(c) Rule of Construction.--Nothing in this title may be construed
to affect a State law governing, authorizing, or prohibiting the
practice of law.
SEC. 6508. EXCEPTION TO PREEMPTION.
(a) In General.--A State law may modify, limit, or supersede the
provisions of section 6102, or subsections (a) or (b) of section 6103,
with respect to State law only if that State law--
(1) either--
(A) constitutes an enactment or adoption of the
Revised Uniform Law on Notarial Acts, as approved and
recommended for enactment in all the States by the
National Conference of Commissioners on Uniform State
Laws in 2018 or 2021, except that a modification to
such Law enacted or adopted by a State shall be
preempted to the extent such modification--
(i) is inconsistent with a provision of
section 6102 or subsections (a) or (b) of
section 6103, as applicable; or
(ii) would not be permitted under
subparagraph (B); or
(B) specifies additional or alternative procedures
or requirements for the performance of notarizations
with respect to electronic records or for remotely
located individuals, if those additional or alternative
procedures or requirements--
(i) are consistent with section 6102 and
subsections (a) and (b) of section 6103; and
(ii) do not accord greater legal effect to
the implementation or application of a specific
technology or technical specification for
performing those notarizations; and
(2) requires the retention of an audio and visual recording
of the performance of a notarization for a remotely located
individual for a period of not less than 5 years after the
recording is created.
(b) Rule of Construction.--Nothing in section 6104 or 6105 may be
construed to preclude the recognition of a notarization under
applicable State law, regardless of whether such State law is
consistent with section 6104 or 6105.
SEC. 6509. STANDARD OF CARE; SPECIAL NOTARIAL COMMISSIONS.
(a) State Standards of Care; Authority of State Regulatory
Officials.--Nothing in this title may be construed to prevent a State,
or a notarial regulatory official of a State, from--
(1) adopting a requirement in this title as a duty or
standard of care under the laws of that State or sanctioning a
notary public for breach of such a duty or standard of care;
(2) establishing requirements and qualifications for, or
denying, refusing to renew, revoking, suspending, or imposing a
condition on, a commission or appointment as a notary public;
(3) creating or designating a class or type of commission
or appointment, or requiring an endorsement or other
authorization to be received by a notary public, as a condition
on the authority to perform notarizations with respect to
electronic records or for remotely located individuals; or
(4) prohibiting a notary public from performing a
notarization under section 6102 or 6103 as a sanction for a
breach of duty or standard of care or for official misconduct.
(b) Special Commissions or Authorizations Created by a State;
Sanction for Breach or Official Misconduct.--A notary public may not
perform a notarization under section 6102 or 6103 if--
(1)(A) the notary public's State has enacted a law that
creates or designates a class or type of commission or
appointment, or requires an endorsement or other authorization
to be received by a notary public, as a condition on the
authority to perform notarizations with respect to electronic
records or for remotely located individuals; and
(B) the commission or appointment of the notary public is
not of the class or type or the notary public has not received
the endorsement or other authorization; or
(2) the notarial regulatory official of the notary public's
State has prohibited the notary public from performing the
notarization as a sanction for a breach of duty or standard of
care or for official misconduct.
SEC. 6510. SEVERABILITY.
If any provision of this title or the application of such provision
to any person or circumstance is held to be invalid or
unconstitutional, the remainder of this title and the application of
the provisions thereof to other persons or circumstances shall not be
affected by that holding.
DIVISION F--DEPARTMENT OF STATE AUTHORITIES
TITLE LXX--DEPARTMENT OF STATE AUTHORITIES
SEC. 7001. SHORT TITLE.
This Act may be cited as the ``Department of State Authorization
Act of 2021''.
SEC. 7002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
Subtitle A--Organization and Operations of the Department of State
SEC. 7101. DIPLOMATIC PROGRAMS.
For ``Diplomatic Programs'', there is authorized to be appropriated
$9,476,977,000 for fiscal year 2022.
SEC. 7102. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital to
United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity would
suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being cost-
effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow the
United States to maintain its leadership around the world.
SEC. 7103. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary unless otherwise provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting
``sections 116 and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual
`Country Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties,
functions, and responsibilities specified in this
paragraph, the Assistant Secretary of State for
Democracy, Human Rights, and Labor is authorized to--
``(i) promote democracy and actively
support human rights throughout the world;
``(ii) promote the rule of law and good
governance throughout the world;
``(iii) strengthen, empower, and protect
civil society representatives, programs, and
organizations, and facilitate their ability to
engage in dialogue with governments and other
civil society entities;
``(iv) work with regional bureaus to ensure
adequate personnel at diplomatic posts are
assigned responsibilities relating to advancing
democracy, human rights, labor rights, women's
equal participation in society, and the rule of
law, with particular attention paid to adequate
oversight and engagement on such issues by
senior officials at such posts;
``(v) review and, as appropriate, make
recommendations to the Secretary of State
regarding the proposed transfer of--
``(I) defense articles and defense
services authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151
et seq.) or the Arms Export Control Act
(22 U.S.C. 2751 et seq.); and
``(II) military items listed on the
`600 series' of the Commerce Control
List contained in Supplement No. 1 to
part 774 of subtitle B of title 15,
Code of Federal Regulations;
``(vi) coordinate programs and activities
that protect and advance the exercise of human
rights and internet freedom in cyberspace; and
``(vii) implement other relevant policies
and provisions of law.
``(D) Local oversight.--United States missions,
when executing DRL programming, to the extent
practicable, should assist in exercising oversight
authority and coordinate with the Bureau of Democracy,
Human Rights, and Labor to ensure that funds are
appropriately used and comply with anti-corruption
practices.''.
SEC. 7104. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for
International Narcotics and Law Enforcement Affairs,
who shall be responsible to the Secretary of State for
all matters, programs, and related activities
pertaining to international narcotics, anti-crime, and
law enforcement affairs in the conduct of foreign
policy by the Department, including, as appropriate,
leading the coordination of programs carried out by
United States Government agencies abroad, and such
other related duties as the Secretary may from time to
time designate.
``(B) Areas of responsibility.--The Assistant
Secretary for International Narcotics and Law
Enforcement Affairs shall maintain continuous
observation and coordination of all matters pertaining
to international narcotics, anti-crime, and law
enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics
production and trafficking.
``(ii) Strengthening foreign justice
systems, including judicial and prosecutorial
capacity, appeals systems, law enforcement
agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign
police, border control, other government
officials, and other civilian law enforcement
authorities for anti-crime purposes, including
ensuring that no foreign security unit or
member of such unit shall receive such
assistance from the United States Government
absent appropriate vetting.
``(iv) Ensuring the inclusion of human
rights and women's participation issues in law
enforcement programs, in consultation with the
Assistant Secretary for Democracy, Human
Rights, and Labor, and other senior officials
in regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other
relevant bureaus of the Department of State and
other United States Government agencies, all
forms of transnational organized crime,
including human trafficking, illicit
trafficking in arms, wildlife, and cultural
property, migrant smuggling, corruption, money
laundering, the illicit smuggling of bulk cash,
the licit use of financial systems for malign
purposes, and other new and emerging forms of
crime.
``(vi) Identifying and responding to global
corruption, including strengthening the
capacity of foreign government institutions
responsible for addressing financial crimes and
engaging with multilateral organizations
responsible for monitoring and supporting
foreign governments' anti-corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the
Assistant Secretary for International Narcotics and Law
Enforcement Affairs shall also--
``(i) carry out timely and substantive
consultation with chiefs of mission and, as
appropriate, the heads of other United States
Government agencies to ensure effective
coordination of all international narcotics and
law enforcement programs carried out overseas
by the Department and such other agencies;
``(ii) coordinate with the Office of
National Drug Control Policy to ensure lessons
learned from other United States Government
agencies are available to the Bureau of
International Narcotics and Law Enforcement
Affairs of the Department;
``(iii) develop standard requirements for
monitoring and evaluation of Bureau programs,
including metrics for success that do not rely
solely on the amounts of illegal drugs that are
produced or seized;
``(iv) in coordination with the Secretary
of State, annually certify in writing to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate that United States law
enforcement personnel posted abroad whose
activities are funded to any extent by the
Bureau of International Narcotics and Law
Enforcement Affairs are complying with section
207 of the Foreign Service Act of 1980 (22
U.S.C. 3927); and
``(v) carry out such other relevant duties
as the Secretary may assign.
``(D) Rule of construction.--Nothing in this
paragraph may be construed to limit or impair the
authority or responsibility of any other Federal agency
with respect to law enforcement, domestic security
operations, or intelligence activities as defined in
Executive Order 12333.''.
(b) Modification of Annual International Narcotics Control Strategy
Report.--Subsection (a) of section 489 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (9) the
following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which United
States law enforcement personnel have been physically
present.''.
SEC. 7105. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the Department of
State the Bureau of Consular Affairs, which shall be headed by the
Assistant Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There is in
the Department of State the Bureau of Population, Refugees, and
Migration, which shall be headed by the Assistant Secretary of State
for Population, Refugees, and Migration.''.
SEC. 7106. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the Department
of State an Office of International Disability Rights (referred to in
this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of persons
with disabilities, and work to raise the profile of disability
across a broader range of organizations contributing to
international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or abuses
of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment and
overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct Ambassadors
at Large, Representatives, Special Envoys, and coordinators working on
human rights to consult with the Office to promote the human rights and
full participation in international development activities of all
persons with disabilities.
SEC. 7107. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the participation by the
United States in the Information Sharing Centre located in Singapore,
as established by the Regional Cooperation Agreement on Combating
Piracy and Armed Robbery against Ships in Asia (ReCAAP).
SEC. 7108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Department of State's investment of time and
resources with respect to the training and education of its
personnel is considerably below the level of other Federal
departments and agencies in the national security field, and
falls well below the investments many allied and adversarial
countries make in the development of their diplomats;
(3) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science and technology-
driven, and which demand the continual, high-quality training
and education of its personnel;
(4) the Department must move beyond reliance on ``on-the-
job training'' and other informal mentorship practices, which
lead to an inequality in skillset development and career
advancement opportunities, often particularly for minority
personnel, and towards a robust professional tradecraft
training continuum that will provide for greater equality in
career advancement and increase minority participation in the
senior ranks;
(5) the Department's Foreign Service Institute and other
training facilities should seek to substantially increase its
educational and training offerings to Department personnel,
including developing new and innovative educational and
training courses, methods, programs, and opportunities; and
(6) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and Foreign
Service Institute may accept funds and other resources from
foundations, not-for-profit corporations, and other appropriate
sources to help the Department and the Institute enhance the
quantity and quality of training offerings, especially in the
introduction of new, innovative, and pilot model courses.
(b) Training Float.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall develop and submit
to the appropriate congressional committees a strategy to establish a
``training float'' to allow for up to 15 percent of the Civil and
Foreign Service to participate in long-term training at any given time.
The strategy should identify steps necessary to ensure implementation
of the training priorities identified in subsection (c), sufficient
training capacity and opportunities are available to Civil and Foreign
Service officers, equitable distribution of long-term training
opportunities to Civil and Foreign Service officers, and any additional
resources or authorities necessary to facilitate such a training float,
including programs at the George P. Schultz National Foreign Affairs
Training Center, the Foreign Service Institute, the Foreign Affairs
Security Training Center, and other facilities or programs operated by
the Department of State. The strategy shall identify which types of
training would be prioritized, the extent (if any) to which such
training is already being provided to Civil and Foreign Service
officers by the Department of State, any factors incentivizing or
disincentivizing such training, and why such training cannot be
achieved without Civil and Foreign Service officers leaving the
workforce. In addition to training opportunities provided by the
Department, the strategy shall consider training that could be provided
by the other United States Government training institutions, as well as
non-governmental educational institutions. The strategy shall consider
approaches to overcome disincentives to pursuing long-term training.
(c) Prioritization.--In order to provide the Civil and Foreign
Service with the level of education and training needed to effectively
advance United States interests across the globe, the Department of
State should--
(1) increase its offerings--
(A) of virtual instruction to make training more
accessible to personnel deployed throughout the world;
or
(B) at partner organizations to provide useful
outside perspectives to Department personnel;
(2) offer courses utilizing computer-based or assisted
simulations, allowing civilian officers to lead decision-making
in a crisis environment; and
(3) consider increasing the duration and expanding the
focus of certain training courses, including--
(A) the A-100 orientation course for Foreign
Service officers, and
(B) the chief of mission course to more accurately
reflect the significant responsibilities accompanying
such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in courses
at the Foreign Service Institute and other Department of State training
facilities to promote a whole-of-government approach to mitigating
national security challenges.
SEC. 7109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 7110. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF
STATE.
Section 1(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a), as amended by section 7104 of this division, is
further amended--
(1) by redesignating paragraphs (4) and (5) (as
redesignated pursuant to such section 1004) as paragraphs (5)
and (6); and
(2) by inserting after paragraph (3) (as added pursuant to
such section 1004) the following new paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--
Subject to the numerical limitation specified in
paragraph (1), there is authorized to be established in
the Department of State an Assistant Secretary of State
for Energy Resources.
``(B) Personnel.--If the Department establishes an
Assistant Secretary of State for Energy Resources in
accordance with the authorization provided in
subparagraph (A), the Secretary of State shall ensure
there are sufficient personnel dedicated to energy
matters within the Department of State whose
responsibilities shall include--
``(i) formulating and implementing
international policies aimed at protecting and
advancing United States energy security
interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the
national security implications of global energy
and environmental developments are reflected in
the decision making process within the
Department;
``(iii) incorporating energy security
priorities into the activities of the
Department;
``(iv) coordinating energy activities of
the Department with relevant Federal
departments and agencies;
``(v) coordinating with the Office of
Sanctions Coordination on economic sanctions
pertaining to the international energy sector;
and
``(vi) working internationally to--
``(I) support the development of
energy resources and the distribution
of such resources for the benefit of
the United States and United States
allies and trading partners for their
energy security and economic
development needs;
``(II) promote availability of
diversified energy supplies and a well-
functioning global market for energy
resources, technologies, and expertise
for the benefit of the United States
and United States allies and trading
partners;
``(III) resolve international
disputes regarding the exploration,
development, production, or
distribution of energy resources;
``(IV) support the economic and
commercial interests of United States
persons operating in the energy markets
of foreign countries;
``(V) support and coordinate
international efforts to alleviate
energy poverty;
``(VI) leading the United States
commitment to the Extractive Industries
Transparency Initiative; and
``(VII) coordinating energy
security and other relevant functions
within the Department currently
undertaken by--
``(aa) the Bureau of
Economic and Business Affairs;
``(bb) the Bureau of Oceans
and International Environmental
and Scientific Affairs; and
``(cc) other offices within
the Department of State.''.
SEC. 7111. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of 1956 is
amended by adding after section 63 (22 U.S.C. 2735) the following new
section:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for American
Diplomacy. Any such revenues may be retained as a recovery of
the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of State
and determined by the Secretary of State to be suitable for
display by the National Museum of American Diplomacy shall be
considered to be the property of the United States Government
and shall be subject to disposition solely in accordance with
this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to a
document, artifact, or other article under paragraph (1), is a
determination that--
``(A) such document, artifact, or other article no
longer serves to further the purposes of the National
Museum of American Diplomacy as set forth in the
collections management policy of the museum;
``(B) the sale, trade, or transfer of such
document, artifact, or other article would serve to
maintain the standards of the collection of the museum;
or
``(C) sale, trade, or transfer of such document,
artifact, or other article would be in the best
interests of the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 7112. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS
INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF U.S.-
FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows:
``(e) Amounts.--Payments may be made under this section only to
such extent and in such amounts as are provided in advance in
appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
apply as if the date specified in subsection (e) of section 7
of the Fishermen's Protective Act of 1967, as in effect on the
day before the date of the enactment of this Act, were the day
after such date of enactment.
(2) Agreements and payments.--The Secretary of State is
authorized to--
(A) enter into agreements pursuant to section 7 of
the Fishermen's Protective Act of 1967 for any claims
to which such section would otherwise apply but for the
date specified in subsection (e) of such section, as in
effect on the day before the date of the enactment of
this Act; and
(B) make payments in accordance with agreements
entered into pursuant to such section if any such
payments have not been made as a result of the
expiration of the date specified in such section, as in
effect on the day before the date of the enactment of
this Act.
SEC. 7113. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated for the
purchase of any piece of art for the purposes of installation or
display in any embassy, consulate, or other foreign mission of the
United States if the purchase price of such piece of art is in excess
of $25,000, unless such purchase is subject to prior consultation with,
and the regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on the costs of the Art in Embassies
Program for fiscal years 2012 through 2020.
(c) Sunset.--This section shall terminate on the date that is two
years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and craft art.
SEC. 7114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop, in
coordination with like-minded countries, a comprehensive, multilateral
strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support democratic, constitutional, economic, and
security sector reforms in Burma designed to--
``(A) advance democratic development and improve
human rights practices and the quality of life; and
``(B) promote genuine national reconciliation.'';
and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1),
by striking ``six months'' and inserting
``year'';
(ii) by redesignating paragraph (3) as
paragraph (7); and
(iii) by inserting after paragraph (2) the
following new paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth;
``(5) progress toward genuine national reconciliation;
``(6) progress on improving the quality of life of the
Burmese people, including progress relating to market reforms,
living standards, labor standards, use of forced labor in the
tourism industry, and environmental quality; and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act and
apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Technical and Conforming Amendment.--Section 502 of the
International Security and Development Cooperation Act of 1985 (22
U.S.C. 2349aa-7) is amended by redesignating subsection (c) as
subsection (b).
SEC. 7115. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report that lists all of the Government
Accountability Office's recommendations relating to the Department that
have not been fully implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the report required under subsection (a), the
Secretary shall submit to the appropriate congressional
committees a report that describes the implementation status of
each recommendation from the Government Accountability Office
included in such report.
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not
to fully implement a recommendation or to implement a
recommendation in a different manner than specified by
the Government Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but
has not yet fully implemented; and
(C) an explanation for any discrepancies included
in the Comptroller General report submitted under
subsection (b).
(c) Form.--The information required in each report under this
section shall be submitted in unclassified form, to the maximum extent
practicable, but may be included in a classified annex to the extent
necessary.
SEC. 7116. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the Department
of State an Office of Global Criminal Justice (referred to in this
section as the ``Office''), which may be placed within the
organizational structure of the Department at the discretion of the
Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary of State and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities around
the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and domestic
commissions of inquiry, fact-finding missions, and tribunals to
investigate, document, and prosecute atrocities around the
world.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of diplomatic,
legal, economic, military, and other tools to help collect
evidence of atrocities, judge those responsible, protect and
assist victims, enable reconciliation, prevent and deter
atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict and
post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over atrocities
committed around the world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and other
atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led by an
Ambassador-at-Large for Global Criminal Justice who is nominated by the
President and appointed by and with the advice and consent of the
Senate.
Subtitle B--Embassy Construction
SEC. 7201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'', there is
authorized to be appropriated $1,995,449,000 for fiscal year 2022.
SEC. 7202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or successor
office should give appropriate consideration to standardization in
construction, in which each new United States embassy and consulate
starts with a standard design and keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall carry out any new
United States embassy compound or new consulate compound project that
utilizes a non-standard design, including those projects that are in
the design or pre-design phase as of the date of the enactment of this
Act, only in consultation with the appropriate congressional
committees. The Secretary shall provide the appropriate congressional
committees, for each such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if it
were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as the
case may be, described in paragraphs (1) through (4) cannot be
provided.
(c) Sunset.--The consultation requirement under subsection (b)
shall expire on the date that is 4 years after the date of the
enactment of this Act.
SEC. 7203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State Authorities
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading, by striking ``annual report on
embassy construction costs'' and inserting ``biannual report on
overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date of the
enactment of this subsection and every 180 days thereafter until the
date that is four years after such date of enactment, the Secretary of
State shall submit to the appropriate congressional committees a
comprehensive report regarding all ongoing overseas capital
construction projects and major embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a) shall
include the following with respect to each ongoing overseas capital
construction project and major embassy security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully adjudicated
or that the Department has settled, and the final dollar amount
of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign operations,
and related programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Department of State Authorities Act, Fiscal Year 2017 is amended by
amending the item relating to section 118 to read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 7204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary of State shall complete
all contractor performance evaluations outstanding as of the date of
the enactment of this Act required by subpart 42.15 of the Federal
Acquisition Regulation for those contractors engaged in construction of
new embassy or new consulate compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall develop
a prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be
prioritized over annual evaluations.
(B) Evaluations for relatively large contracts
should have priority.
(C) Evaluations that would be particularly
informative for the awarding of government contracts
should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan for
completing all evaluations by April 1, 2022, in accordance with
subsection (a) and the prioritization system developed pursuant to
subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management performance.
SEC. 7205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound (NEC)
and new consulate compound project (NCC) in or not yet in the design
phase as of the date of the enactment of this Act, the Department of
State shall project growth over the estimated life of the facility
using all available and relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall provide to
the Secretary, upon request, growth projections for the personnel of
each such agency over the estimated life of each embassy or consulate,
as the case may be.
(c) Basis for Estimates.--The Department of State shall base its
growth assumption for all NECs and NCCs on the estimates required under
subsections (a) and (b).
(d) Congressional Notification.--Any congressional notification of
site selection for a NEC or NCC submitted after the date of the
enactment of this Act shall include the growth assumption used pursuant
to subsection (c).
SEC. 7206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for the next
five years as the Secretary of State considers appropriate, the
Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the
replacement of overseas diplomatic posts taking into
account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety; and
(B) a comprehensive 6-year plan detailing the
Department's long-term planning for the maintenance and
sustainment of completed diplomatic posts, which takes
into account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report on
existing small diplomatic posts and a strategy for establishing
a physical diplomatic presence in countries in which there is
no current physical diplomatic presence and with which the
United States maintains diplomatic relations. Such report,
which may include a classified annex, shall include the
following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the
United States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic
post meets current security requirements.
(D) A description of the full financial cost of
maintaining each small diplomatic post.
(E) Input from the relevant chiefs of mission on
any unique operational or policy value the small
diplomatic post provides.
(F) A recommendation of whether any small
diplomatic posts should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary of State shall submit the plans
to the appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department of
State's budget for any fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), the plans required under subsection (a)
shall be referenced to justify funding requested for building
and maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or consulate
that has employed five or fewer United States Government employees or
contractors on average over the 36 months prior to the date of the
enactment of this Act.
SEC. 7207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where appropriate,
to reduce program and acquisition costs pursuant to OMB
Circular A-131, Value Engineering, dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any notification
that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required under
paragraph (1) shall include confirmation that the Department
has completed the requisite VE and risk management process
described in subsection (a), or applicable successor process.
(c) Reporting and Briefing Requirements.--The Secretary of State
shall provide to the appropriate congressional committees upon
request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise yield
significant cost savings to the Department if implemented.
SEC. 7208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by
striking ``in 3 years'' and inserting ``cumulatively over 3 years''.
SEC. 7209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of the House
of Representatives, and the Committee on Armed Services of the Senate
upon request information on physical security deficiencies at United
States diplomatic posts, including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 7210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of this
Act, the Secretary of State shall revise the Foreign Affairs Manual to
stipulate that information on the current threat environment shall be
provided to all United States Government employees under chief of
mission authority traveling to a foreign country on official business.
To the extent practicable, such material shall be provided to such
employees prior to their arrival at a United States diplomatic post or
as soon as possible thereafter.
SEC. 7211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the design-build
project delivery method would not be appropriate, the Secretary shall
make use of such method at United States diplomatic posts that have not
yet received design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a delivery
method other than design-build in accordance with subsection (a), the
Secretary of State shall notify the appropriate congressional
committees in writing of the decision, including the reasons therefor.
The notification required by this subsection may be included in any
other report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall report to
the appropriate congressional committees regarding performance
evaluation measures in accordance with GAO's ``Standards for Internal
Control in the Federal Government'' that will be applicable to design
and construction, lifecycle cost, and building maintenance programs of
the Bureau of Overseas Building Operations of the Department.
SEC. 7212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committee a report detailing steps the Department of State is taking to
expand the embassy construction contractor base in order to increase
competition and maximize value.
SEC. 7213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of Overseas
Building Operations of the Department or its successor office shall
continue to balance functionality and security with accessibility, as
defined by guidelines established by the United States Access Board in
constructing embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the
fullest extent possible.
SEC. 7214. DEFINITIONS.
In this subtitle:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and construction
services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a standardized
design for the structural, spatial, or security requirements of
such embassy compound or consulate compound, as the case may
be.
Subtitle C--Personnel Issues
SEC. 7301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State shall apply to the
Department of Labor for a waiver from insurance requirements under the
Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with
respect to which the requirement was waived prior to January 2017, and
for which there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days after the
date of the enactment of this Act, the Secretary of State shall certify
to the appropriate congressional committees that the requirement in
subsection (a) has been met.
SEC. 7302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on the
foreign assignment of Foreign Service officers (FSOs), to be
conducted by a federally-funded research and development center
with appropriate expertise in labor economics and military
compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service
bidding system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to
bid on particular assignments, including danger levels
and hardship conditions;
(D) examine the Department's strategy and process
for incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is
necessary for assignments in higher demand;
(E) make any relevant comparisons to military
compensation and allowances, noting which allowances
are shared or based on the same regulations;
(F) recommend options for restructuring allowances
to improve the efficiency of the assignments system and
better align FSO incentives with the needs of the
Foreign Service, including any cost savings associated
with such restructuring;
(G) recommend any statutory changes necessary to
implement subparagraph (F), such as consolidating
existing legal authorities for the provision of
hardship and danger pay; and
(H) detail any effects of recommendations made
pursuant to subparagraphs (F) and (G) on other United
States Government departments and agencies with
civilian employees permanently assigned or on temporary
duty in foreign areas, following consultation with such
departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis required
under subsection (a)(1), and not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs in the House of Representatives a briefing on the
implementation of this section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department of State and
such federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary of State shall make
available to the federally-funded research and development
center carrying out the analysis required under subsection
(a)(1) all necessary and relevant information to allow such
center to conduct such analysis in a quantitative and
analytical manner, including historical data on the number of
bids for each foreign assignment and any survey data collected
by the Department of State from eligible bidders on their bid
decision-making.
(2) Cooperation.--The Secretary of State shall work with
the heads of other relevant United States Government
departments and agencies to ensure such departments and
agencies provide all necessary and relevant information to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary of State shall
require that the chief executive officer of the federally-funded
research and development center that carries out the analysis required
under subsection (a)(1) submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives an interim report on such analysis not later than 180
days after the date of the enactment of this Act.
SEC. 7303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d) is amended by adding at the end the following
new subsection:
``(e) Grants and Cooperative Agreements Related to Science and
Technology Fellowship Programs.--
``(1) In general.--The Secretary of State is authorized to
make grants or enter into cooperative agreements related to
Department of State science and technology fellowship programs,
including for assistance in recruiting fellows and the payment
of stipends, travel, and other appropriate expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in any
fiscal year.''.
SEC. 7304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a member
of the Service assigned abroad'' and inserting ``in the case of
one or more children below age 21 of a member of the Service
assigned abroad, one round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to
visit the member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to
visit the other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the
child or children abroad if the child or children do
not regularly reside with that parent and that parent
is not receiving an education allowance or educational
travel allowance for the child or children under
section 5924(4) of title 5, United States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 7305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new sentence:
``In cases in which a member of the Service has official orders to an
unaccompanied post and in which the family members of the member reside
apart from the member at authorized locations outside the United
States, the member may take the leave ordered under this section where
that member's family members reside, notwithstanding section 6305 of
title 5, United States Code.''.
SEC. 7306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that Department fellowships that
promote the employment of candidates belonging to under-represented
groups, including the Charles B. Rangel International Affairs Graduate
Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship
Program, and the Donald M. Payne International Development Fellowship
Program, represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 7307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of
1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause
(i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the Service''.
SEC. 7308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of 1980 (22
U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614 in the
table of contents of the Foreign Service Act of 1980 is amended to read
as follows:
``Sec. 614. Department awards.''.
SEC. 7309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the sense of
Congress that the Secretary of State should continue to hold entry-
level classes for Foreign Service officers and specialists and continue
to recruit civil servants through programs such as the Presidential
Management Fellows Program and Pathways Internship Programs in a manner
and at a frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the sense of
Congress that absent continuous recruitment and training of Foreign
Service officers and civil servants, the Department of State will lack
experienced, qualified personnel in the short, medium, and long terms.
(b) Limitation.--The Secretary of State should not implement any
reduction-in-force action under section 3502 or 3595 of title 5, United
States Code, or for any incentive payments for early separation or
retirement under any other provision of law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department of State's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction
is in the national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and
a description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce
data for all current and planned employees of the
Department, disaggregated by--
(i) Foreign Service officer and Foreign
Service specialist rank;
(ii) civil service job skill code, grade
level, and bureau of assignment;
(iii) contracted employees, including the
equivalent job skill code and bureau of
assignment; and
(iv) employees hired under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, including their equivalent
grade and job skill code and bureau of
assignment.
SEC. 7310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE
DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department of State should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), including those
veterans belonging to traditionally under-represented groups at
the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in a
variety of regional and global affairs bureaus and diplomatic
posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the workforce.
SEC. 7311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should expand the appeal process it makes available
to employees related to assignment preclusions and restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--Subsection (a)
of section 414 of the Department of State Authorities Act, Fiscal Year
2017 (22 U.S.C. 2734c(a)) is amended by adding at the end the following
new sentences: ``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall have the
same appeal rights as provided by the Department regarding denial or
revocation of a security clearance. Any such appeal shall be resolved
not later than 60 days after such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall revise,
and certify to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
regarding such revision, the Foreign Affairs Manual guidance regarding
denial or revocation of a security clearance to expressly state that
all review and appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment restriction or
preclusion to an employee.
(d) Annual Report.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall submit to the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate a
report that contains the following:
(1) A rationale for the use of assignment restrictions by
the Department of State, including specific case studies
related to cleared American Foreign Service and civil service
employees of the Department that demonstrate country-specific
restrictions serve a counterintelligence role beyond that which
is already covered by the security clearance process.
(2) The number of such Department employees subject to
assignment restrictions over the previous year, with data
disaggregated by:
(A) Identification as a Foreign Service officer,
civil service employee, eligible family member, or
other employment status.
(B) The ethnicity, national origin, and race of the
precluded employee.
(C) Gender.
(D) Identification of the country of restriction.
(3) A description of the considerations and criteria used
by the Bureau of Diplomatic Security to determine whether an
assignment restriction is warranted.
(4) The number of restrictions that were appealed and the
success rate of such appeals.
(5) The impact of assignment restrictions in terms of
unused language skills as measured by Foreign Service Institute
language scores of such precluded employees.
(6) Measures taken to ensure the diversity of adjudicators
and contracted investigators, with accompanying data on
results.
SEC. 7312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department of State employees provide invaluable
service to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills to
the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities for Department of State and
USAID Positions.--
(1) In general.--Title 5, United States Code, is amended by
inserting after chapter 102 the following new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``Sec. 10301. Notice of employment opportunities for Department of
State and USAID positions
``To ensure that individuals who have separated from the Department
of State or the United States Agency for International Development and
who are eligible for reappointment are aware of such opportunities, the
Department of State and the United States Agency for International
Development shall publicize notice of all employment opportunities,
including positions for which the relevant agency is accepting
applications from individuals within the agency's workforce under merit
promotion procedures, on publicly accessible sites, including
www.usajobs.gov. If using merit promotion procedures, the notice shall
expressly state that former employees eligible for reinstatement may
apply.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part III of title 5, United States Code, is
amended by adding at the end of subpart I the following:
``103. Notice of employment opportunities for Department of 10301''.
State and USAID positions.
SEC. 7313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF STATE.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive 5-year strategic
staffing plan for the Department of State that is aligned with and
furthers the objectives of the National Security Strategy of the United
States of America issued in December 2017, or any subsequent strategy
issued not later than 18 months after the date of the enactment of this
Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report GAO-
19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service
specialist rank;
(B) civil service job skill code, grade level, and
bureau of assignment;
(C) contracted employees, including the equivalent
job skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C
of part 213 of title 5, Code of Federal Regulations,
including the equivalent grade and job skill code and
bureau of assignment of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted at
each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection (a)(1)
shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary of State shall lead the
development of the plan required under subsection (a) but may consult
or partner with private sector entities with expertise in labor
economics, management, or human resources, as well as organizations
familiar with the demands and needs of the Department of State's
workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report regarding root causes of
Foreign Service and civil service shortages, the effect of such
shortages on national security objectives, and the Department of
State's plan to implement recommendations described in GAO-19-220.
SEC. 7314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States Code, as
added by section 7312(b) of this Act, is amended by adding at the end
the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of State
through procurement contract pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts with respect to
which expenditures are a matter of public record and available for
public inspection, except if otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter 103 of
title 5, United States Code, as added by section 7312(b) of this Act,
is amended by adding after the item relating to section 10301 the
following new item:
``10302. Consulting services for the Department of State''.
SEC. 7315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) is amended by striking the last sentence.
SEC. 7316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or''
and inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on
October 1, 2005, and ending on September 30, 2009'' and
inserting ``beginning on October 1, 2020, and ending on
September 30, 2022''.
SEC. 7317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of 1980
(22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each member of the Service suspended under paragraph
(1)(A) whose security clearance remains suspended for more than one
calendar year, not later than 30 days after the end of such calendar
year the Secretary of State shall report to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate in writing regarding the specific reasons
relating to the duration of each such suspension.
``(6) Any member of the Service suspended under paragraph (1)(B)
may be suspended without pay only after a final written decision is
provided to such member pursuant to paragraph (2).''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The
term'' and inserting the following:
``(7) In this subsection, the term--'';
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs 2 ems to the left; and
(D) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension'').
SEC. 7318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the Foreign
Affairs Handbook apply with equal force and effect and without
exception to all Department of State personnel, including the Secretary
of State, Department employees, and political appointees, regardless of
an individual's status as a Foreign Service officer, Civil Service
employee, or political appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a certification in unclassified
form that the applicability described in subsection (a) has been
communicated to all Department personnel, including the personnel
referred to in such subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for
five years, the Secretary of State shall submit to the
appropriate congressional committees a report detailing all
significant changes made to the Foreign Affairs Manual or the
Foreign Affairs Handbook.
(2) Covered periods.--The first report required under
paragraph (1) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(3) Contents.--Each report required under paragraph (1)
shall contain the following:
(A) The location within the Foreign Affairs Manual
or the Foreign Affairs Handbook where a change has been
made.
(B) The statutory basis for each such change, as
applicable.
(C) A side-by-side comparison of the Foreign
Affairs Manual or Foreign Affairs Handbook before and
after such change.
(D) A summary of such changes displayed in
spreadsheet form.
SEC. 7319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF
CERTAIN POSITIONS.
The Secretary of State may waive any or all of the individual
occupational requirements with respect to an employee or prospective
employee of the Department of State for a civilian position categorized
under the GS-0130 occupational series if the Secretary determines that
the individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to performing
the duties of the applicable position, based on demonstrated job
performance and qualifying experience. With respect to each waiver
granted under this subsection, the Secretary shall set forth in a
written document that is transmitted to the Director of the Office of
Personnel Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 7320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER.
The Secretary of State may appoint, for a 3-year period that may be
extended for up to an additional two years, solely to carry out the
functions of the Global Engagement Center, employees of the Department
of State without regard to the provisions of title 5, United States
Code, governing appointment in the competitive service, and may fix the
basic compensation of such employees without regard to chapter 51 and
subchapter III of chapter 53 of such title.
SEC. 7321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR
FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area in
which the Armed Forces are engaging or have engaged in combat,
an area designated by law to be treated as a combat zone, or a
location the Department of Defense has certified for combat
zone tax benefits due to its direct support of military
operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day of
the first complete pay period in the following calendar year.
``(b) Leave for Rest and Recuperation.--The head of an agency may
prescribe regulations to grant up to 20 days of paid leave, per leave
year, for the purposes of rest and recuperation to an employee of the
agency serving in a combat zone, any other high risk, high threat post,
or any other location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency may
prescribe regulations to grant up to 10 days of paid leave, per leave
year, to an employee of the agency serving abroad where the conduct of
business could pose potential security or safety related risks or would
be inconsistent with host-country practice. Such regulations may
provide that additional leave days may be granted during such leave
year if the head of the agency determines that to do so is necessary to
advance the national security or foreign policy interests of the United
States.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
SEC. 7322. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or related
support for private United States citizens, nationals, and
permanent resident aliens abroad, or third country nationals
connected to such persons or to the diplomatic or development
missions of the United States abroad, who are unable to obtain
such services or support otherwise, with such assistance
provided on a reimbursable basis to the extent feasible.''.
SEC. 7323. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this section
referred to as the ``Program'') to offer internship opportunities at
the Department of State to eligible students to raise awareness of the
essential role of diplomacy in the conduct of United States foreign
policy and the realization of United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the Program, an
applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such
term is defined section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002)); or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary of State;
(2) be able to receive and hold an appropriate security
clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish selection
criteria for students to be admitted into the Program that includes the
following:
(1) Demonstrable interest in a career in foreign affairs.
(2) Academic performance.
(3) Such other criteria as determined by the Secretary.
(d) Outreach.--The Secretary of State shall advertise the Program
widely, including on the internet, through the Department of State's
Diplomats in Residence program, and through other outreach and
recruiting initiatives targeting undergraduate and graduate students.
The Secretary shall actively encourage people belonging to
traditionally under-represented groups in terms of racial, ethnic,
geographic, and gender diversity, and disability status to apply to the
Program, including by conducting targeted outreach at minority serving
institutions (as such term is described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the Program
shall be paid at least--
(A) the amount specified in section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)),
or
(B) the minimum wage of the jurisdiction in which
the internship is located,
whichever is greater.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide
housing assistance to a student participating in the
Program whose permanent address is within the United
States if the location of the internship in which such
student is participating is outside the United States.
(B) Domestic.--The Secretary of State is authorized
to provide housing assistance to a student
participating in the Program whose permanent address is
within the United States if the location of the
internship in which such student is participating is
more than 50 miles away from such student's permanent
address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose permanent
address is within the United States financial assistance to
cover the costs of travel once to and once from the location of
the internship in which such student is participating,
including travel by air, train, bus, or other transit as
appropriate, if the location of such internship is--
(A) more than 50 miles from such student's
permanent address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The Secretary
of State is authorized to enter into agreements with institutions of
higher education to structure internships to ensure such internships
satisfy criteria for academic programs in which participants in such
internships are enrolled.
(g) Transition Period.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of State shall
transition all unpaid internship programs of the Department,
including the Foreign Service Internship Program, to internship
programs that offer compensation. Upon selection as a candidate
for entry into an internship program of the Department after
such date, a participant in such internship program shall be
afforded the opportunity to forgo compensation, including if
doing so allows such participant to receive college or
university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply in the case of unpaid internship programs of
the Department of State that are part of the Virtual Student
Federal Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement under this subsection to transition an
unpaid internship program of the Department to an
internship program that offers compensation if the
Secretary determines and not later than 30 days after
any such determination submits to the appropriate
congressional committees a report that to do so would
not be consistent with effective management goals.
(B) Report.--The report required under subparagraph
(A) shall describe the reason why transitioning an
unpaid internship program of the Department to an
internship program that offers compensation would not
be consistent with effective management goals,
including any justification for maintaining such unpaid
status indefinitely, or any additional authorities or
resources necessary to transition such unpaid program
to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of a Senate a report that includes the
following:
(1) Data, to the extent collection of such information is
permissible by law, regarding the number of students,
disaggregated by race, ethnicity, gender, institution of higher
learning, home State, State where each student graduated from
high school, and disability status, who applied to the Program,
were offered a position, and participated.
(2) Data on the number of security clearance investigations
started for such students and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any student who is a participant in an internship
program of the Department of State to participate in the
collection of the data or divulge any personal information.
Such students shall be informed that their participation in the
data collection contemplated by this section is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--The Department of State may offer
compensated internships for not more than 52 weeks, and select,
appoint, employ, and remove individuals in such compensated internships
without regard to the provisions of law governing appointments in the
competitive service.
(k) Use of Funds.--Internships offered and compensated by the
Department subject to this section shall be funded by funds authorized
to be appropriated by section 7101.
SEC. 7324. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY INSPECTORS
GENERAL TO SUPPORT THE LEAD IG MISSION.
Subparagraph (A) of section 8L(d)(5) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``a lead Inspector
General for'' and inserting ``any of the Inspectors General specified
in subsection (c) for oversight of''.
SEC. 7325. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State shall make
explicit in writing to all Department of State personnel, including the
Secretary of State, Department employees, contractors, and political
appointees, and shall consider updating the Foreign Affairs Manual and
the Foreign Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for an
interview or access to documents from the Office of the Inspector
General of the Department such personnel may be subject to appropriate
administrative discipline including, when circumstances warrant,
suspension without pay or removal.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and on a quarterly basis thereafter,
the Office of the Inspector General of the Department of State
and the United States Agency for Global Media shall submit to
the appropriate congressional committees and the Secretary of
State a report in unclassified form detailing the following:
(A) The number of individuals who have failed to
comply within 60 days with a request for an interview
or access to documents from the Office of the Inspector
General pertaining to a non-criminal matter.
(B) The date on which such requests were initially
made.
(C) Any extension of time that was voluntarily
granted to such individual by the Office of the
Inspector General.
(D) The general subject matters regarding which the
Office of the Inspector General has requested of such
individuals.
(2) Form.--Additional information pertaining solely to the
subject matter of a request described in paragraph (1) may be
provided in a supplemental classified annex, if necessary, but
all other information required by the reports required under
such paragraph shall be provided in unclassified form.
SEC. 7326. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR CHILDREN WITH
SPECIAL EDUCATIONAL NEEDS CONSISTENT WITH THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department of State
shall maintain and update a list of overseas schools receiving
assistance from the Office and detailing the extent to which each such
school provides special education and related services to children with
disabilities in accordance with part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.). Each list required
under this section shall be posted on the public website of the Office
for access by members of the Foreign Service, Senior Foreign Service,
and their eligible family members.
SEC. 7327. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of 1980 (22
U.S.C. 4003) is amended by adding at the end the following new
subsection:
``(c)(1) A member of the Service or member of the Senior Foreign
Service whose performance will be evaluated by a selection board may
submit to such selection board a gap memo in advance of such
evaluation.
``(2) Members of a selection board may not consider as negative the
submission of a gap memo by a member described in paragraph (1) when
evaluating the performance of such member.
``(3) In this subsection, the term `gap memo' means a written
record, submitted to a selection board in a standard format established
by the Director General of the Foreign Service, which indicates and
explains a gap in the record of a member of the Service or member of
the Senior Foreign Service whose performance will be evaluated by such
selection board, which gap is due to personal circumstances, including
for health, family, or other reason as determined by the Director
General in consultation with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the date of
the enactment of this Act, the Director General of the Foreign
Service shall consult with the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate regarding the development of the gap
memo under subsection (c) of section 603 of the Foreign Service
Act of 1980, as added by subsection (a).
(2) Definition.--In this subsection, the term ``gap memo''
has the meaning given such term in subsection (c) of section
603 of the Foreign Service Act of 1980.
Subtitle D--A Diverse Workforce: Recruitment, Retention, and Promotion
SEC. 7401. DEFINITIONS.
In this subtitle:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity''
(81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil
service (as such term is defined in section 2101 of
title 5, United States Code);
(B) individuals who are members of the Foreign
Service (as such term defined in section 103 of the
Foreign Service Act of 1980 (22 U.S.C. 3902));
(C) all individuals serving under a personal
services contract;
(D) all individuals serving under a Foreign Service
limited appointment under section 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3949); or
(E) individuals other than Locally Employed Staff
working in the Department of State under any other
authority.
SEC. 7402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall, in consultation
with the Director of the Office of Personnel Management and the
Director of the Office of Management and Budget, submit to the
appropriate congressional committees a report, which shall also be
published on a publicly available website of the Department in a
searchable database format, that includes disaggregated demographic
data and other information regarding the diversity of the workforce of
the Department of State.
(b) Data.--The report under subsection (a) shall include the
following data to the maximum extent collection of such data is
permissible by law:
(1) Demographic data on each element of the workforce of
the Department of State, disaggregated by rank and grade or
grade-equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 5-year period
ending on the date of the enactment of this Act,
including promotions to and within the Senior Executive
Service or the Senior Foreign Service.
(D) Individuals serving during the 5-year period
ending on the date of the enactment of this Act as
special assistants in any of the offices of the
Secretary of State, the Deputy Secretary of State, the
Counselor of the Department of State, the Secretary's
Policy Planning Staff, the Under Secretary for Arms
Control and International Security, the Under Secretary
for Civilian Security, Democracy, and Human Rights, the
Under Secretary for Economic Growth, Energy, and the
Environment, the Undersecretary for Management, the
Undersecretary of State for Political Affairs, and the
Undersecretary for Public Diplomacy and Public Affairs.
(E) Individuals serving in the 5-year period ending
on the date of the enactment of this Act in each
bureau's front office.
(F) Individuals serving in the 5-year period ending
on the date of the enactment of this Act as detailees
to the National Security Council.
(G) Individuals serving on applicable selection
boards.
(H) Members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department.
(I) Individuals participating in professional
development programs of the Department, and the extent
to which such participants have been placed into senior
positions within the Department after such
participation.
(J) Individuals participating in mentorship or
retention programs.
(K) Individuals who separated from the agency
during the 5-year period ending on the date of the
enactment of this Act, including individuals in the
Senior Executive Service or the Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in section 1401(4), and
the percentages corresponding to each rank, grade, or grade-
equivalent.
(c) Recommendation.--The Secretary of State may include in the
report under subsection (a) a recommendation to the Director of Office
of Management and Budget and to the appropriate congressional
committees regarding whether the Department of State should be
permitted to collect more detailed data on demographic categories in
addition to the race and ethnicity categories specified in the Office
of Management and Budget statistical policy directive entitled
``Standards for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity'' (81 Fed. Reg. 67398), in order to comply with the
intent and requirements of this Act.
(d) Other Contents.--The report under subsection (a) shall also
describe and assess the effectiveness of the efforts of the Department
of State--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities,
and minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(E) providing opportunities through the Foreign
Service Internship Program under chapter 12 of the
Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.)
and other hiring initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
representation in international affairs of people
belonging to traditionally under-represented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States to reduce the burden of applicants
having to travel at their own expense to take either or
both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program; and
(iii) other initiatives, including agency-
wide policy initiatives.
(e) Annual Updates.--Not later than one year after the publication
of the report required under subsection (a) and annually thereafter for
the following five years, the Secretary of State shall work with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the Department's
website, which may be included in another annual report required under
another provision of law, that includes--
(1) disaggregated demographic data, to the maximum extent
collection of such data is permissible by law, relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data, to the maximum
extent collection of such data is permissible by law,; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and the
rate of placement into senior positions for participants in
such programs.
SEC. 7403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall conduct periodic interviews with a representative and diverse
cross-section of the workforce of the Department of State--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall provide an opportunity for an exit interview to each individual
in the workforce of the Department of State who separates from service
with the Department to better understand the reasons of such individual
for leaving such service.
(c) Use of Analysis From Interviews.--The Director General of the
Foreign Service and the Director of the Bureau of Human Resources or
its equivalent shall analyze demographic data and other information
obtained through interviews under subsections (a) and (b) to
determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 1402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department of State shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and
recruitment for such programs, consistent with merit
system principles; and
(B) to understand the extent to which participation
in any professional development program offered or
sponsored by the Department differs among the
demographic categories of the workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 7404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary of State shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department of State to have a recruitment plan of action for
the recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described in
subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of minority
students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-discrimination.--
(1) In general.--The Secretary of State shall, through the
Foreign Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department of State's Diversity and
Inclusion Strategic Plan for 2016-2020 to promote
diversity in Bureau awards or mitigate unconscious
bias;
(B) expand the provision of training on workplace
rights and responsibilities to focus on anti-harassment
and anti-discrimination information and policies,
including policies relating to sexual assault
prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory
positions;
(ii) individuals having responsibilities
related to recruitment, retention, or promotion
of employees; and
(iii) any other individual determined by
the Department who needs such training based on
analysis by the Department or OPM analysis.
(2) Best practices.--The Department of State shall give
special attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 7405. PROMOTING DIVERSITY AND INCLUSION IN THE NATIONAL SECURITY
WORKFORCE.
(a) In General.--The Secretary of State shall ensure that
individuals in senior and supervisory positions of the Department of
State, or Department individuals having responsibilities related to
recruitment, retention, or promotion of employees, should have a
demonstrated commitment to equal opportunity, diversity, and inclusion.
(b) Consideration.--In making any recommendations on nominations,
conducting interviews, identifying or selecting candidates, or
appointing acting individuals for positions equivalent to an Assistant
Secretary or above, the Secretary of State shall use best efforts to
consider at least one individual reflective of diversity.
(c) Establishment.--
(1) In general.--The Secretary of State shall establish a
mechanism to ensure that appointments or details of Department
of State employees to staff positions in the Offices of the
Secretary, the Deputy Secretary, the Counselor of the
Department, the Secretary's Policy Planning Staff, or any of
the Undersecretaries of State, and details to the National
Security Council, are transparent, competitive, equitable, and
inclusive, and made without regard to an individual's race,
color, religion, sex (including pregnancy, transgender status,
or sexual orientation), national origin, age (if 40 or older),
disability, or genetic information.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding the
mechanism required under paragraph (1).
(d) Availability.--The Secretary of State shall use best efforts to
consider at least one individual reflective of diversity for the staff
positions specified in subsection (c)(1) and ensure such positions are
equitably available to employees of the civil service and Foreign
Service.
SEC. 7406. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary of State shall implement
performance and advancement requirements that reward and
recognize the efforts of individuals in senior positions and
supervisors in the Department of State in fostering an
inclusive environment and cultivating talent consistent with
merit system principles, such as through participation in
mentoring programs or sponsorship initiatives, recruitment
events, and other similar opportunities.
(2) Outreach events.--The Secretary of State shall create
opportunities for individuals in senior positions and
supervisors in the Department of State to participate in
outreach events and to discuss issues relating to diversity and
inclusion with the workforce on a regular basis, including with
employee resource groups.
(b) External Advisory Committees and Boards.--For each external
advisory committee or board to which individuals in senior positions in
the Department of State appoint members, the Secretary of State is
strongly encouraged by Congress to ensure such external advisory
committee or board is developed, reviewed, and carried out by qualified
teams that represent the diversity of the organization.
SEC. 7407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary of State is authorized to
expand professional development opportunities that support the
mission needs of the Department of State, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal
Government; or
(iv) professional schools of international
affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary of State shall
offer, or sponsor members of the workforce to
participate in, a Senior Executive Service candidate
development program or other program that trains
members on the skills required for appointment to
senior positions in the Department of State.
(B) Requirements.--In determining which members of
the workforce are granted professional development or
career advancement opportunities under subparagraph
(A), the Secretary of State shall--
(i) ensure any program offered or sponsored
by the Department of State under such
subparagraph comports with the requirements of
subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto,
including merit staffing and assessment
requirements;
(ii) consider the number of expected
vacancies in senior positions as a factor in
determining the number of candidates to select
for such programs;
(iii) understand how participation in any
program offered or sponsored by the Department
under such subparagraph differs by gender,
race, national origin, disability status, or
other demographic categories; and
(iv) actively encourage participation from
a range of demographic categories, especially
from categories with consistently low
participation.
SEC. 7408. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should offer both the Foreign Service written
examination and oral assessment in more locations throughout the United
States. Doing so would ease the financial burden on potential
candidates who do not currently reside in and must travel at their own
expense to one of the few locations where these assessments are
offered.
(b) Foreign Service Examinations.--Section 301(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of Examiners for
the Foreign Service annually offers the oral assessment examinations
described in paragraph (1) in cities, chosen on a rotating basis,
located in at least three different time zones across the United
States.''.
SEC. 7409. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program may
conduct outreach to attract outstanding students with an interest in
pursuing a Foreign Service career who represent diverse ethnic and
socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary of State shall review
past programs designed to increase minority representation in
international affairs positions.
SEC. 7410. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this subtitle should be construed so as
to compel any employee to participate in the collection of the data or
divulge any personal information. Department of State employees shall
be informed that their participation in the data collection
contemplated by this subtitle is voluntary.
(b) Privacy Protection.--Any data collected under this subtitle
shall be subject to the relevant privacy protection statutes and
regulations applicable to Federal employees.
Subtitle E--Information Security
SEC. 7501. DEFINITIONS.
In this subtitle:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the
Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 7502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall develop
or maintain, as the case may be, and update as frequently as the
Secretary determines appropriate, a list of covered contractors with
respect to which the Department should seek to avoid entering into
contracts. Not later than 30 days after the initial development of the
list under this subsection, any update thereto, and annually thereafter
for five years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology equipment,
including hardware, software, or services, that has knowingly assisted
or facilitated a cyber attack or conducted surveillance, including
passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment of
worldwide threats to United States national security or any
subsequent worldwide threat assessment of the intelligence
community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of a
country included in the annual country reports on human rights
practices of the Department for systematic acts of political
repression, including arbitrary arrest or detention, torture,
extrajudicial or politically motivated killing, or other gross
violations of human rights.
SEC. 7503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED
RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE PUBLIC
TRUST OF THE AMERICAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that all
officers and employees of the Department and the United States Agency
for International Development are obligated under chapter 31 of title
44, United States Code (popularly referred to as the Federal Records
Act of 1950), to create and preserve records containing adequate and
proper documentation of the organization, functions, policies,
decisions, procedures, and essential transactions or operations of the
Department and United States embassies, consulates, and missions
abroad, including records of official communications with foreign
government officials or other foreign entities.
(b) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a certification in unclassified form that
Secretary has communicated to all Department personnel, including the
Secretary of State and all political appointees, that such personnel
are obligated under chapter 31 of title 44, United States Code, to
treat electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying Federal
records.
SEC. 7504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND
DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and
inserting ``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 7505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of internet-facing information
technology of the Department of State in exchange for
compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(b) Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall design,
establish, and make publicly known a Vulnerability Disclosure
Process (VDP) to improve Department of State cybersecurity by--
(A) providing security researchers with clear
guidelines for--
(i) conducting vulnerability discovery
activities directed at Department information
technology; and
(ii) submitting discovered security
vulnerabilities to the Department; and
(B) creating Department procedures and
infrastructure to receive and fix discovered
vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary of State shall--
(A) identify which Department of State information
technology should be included in the process;
(B) determine whether the process should
differentiate among and specify the types of security
vulnerabilities that may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in
which such vulnerabilities should be reported;
(D) identify which Department offices and positions
will be responsible for receiving, prioritizing, and
addressing security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how
to ensure that individuals, organizations, and
companies that comply with the requirements of the
process are protected from prosecution under section
1030 of title 18, United States Code, and similar
provisions of law for specific activities authorized
under the process;
(F) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 Vulnerability Disclosure Program,
``Hack the Pentagon'', and subsequent Department of
Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of the process as constructive and to the
extent practicable; and
(H) award contracts to entities, as necessary, to
manage the process and implement the remediation of
discovered security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next five years, the Secretary of State
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report on the VDP, including information relating
to the following:
(A) The number and severity of all security
vulnerabilities reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of
State remediation plans.
(D) The average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security vulnerability
remediation.
(F) Any other information the Secretary determines
relevant.
(c) Bug Bounty Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
establish a bug bounty pilot program to minimize security
vulnerabilities of internet-facing information technology of
the Department of State.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary of State shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the
websites, applications, and other internet-facing
information technology of the Department of State that
are accessible to the public;
(B) award contracts to entities, as necessary, to
manage such pilot program and for executing the
remediation of security vulnerabilities identified
pursuant to subparagraph (A);
(C) identify which Department of State information
technology should be included in such pilot program;
(D) consult with the Attorney General on how to
ensure that individuals, organizations, or companies
that comply with the requirements of such pilot program
are protected from prosecution under section 1030 of
title 18, United States Code, and similar provisions of
law for specific activities authorized under such pilot
program;
(E) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 ``Hack the Pentagon'' pilot program
and subsequent Department of Defense bug bounty
programs;
(F) develop a process by which an approved
individual, organization, or company can register with
the entity referred to in subparagraph (B), submit to a
background check as determined by the Department of
State, and receive a determination as to eligibility
for participation in such pilot program;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of such pilot program as constructive and to
the extent practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the
Department of State's internet-accessible systems, such
as the scans conducted pursuant to Binding Operational
Directive BOD-19-02 or successor directive.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than one year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary of State shall submit to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on such pilot
program, including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such pilot
program, broken down by the number of approved
individuals, organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities;
and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot
program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities;
(F) the types of compensation provided under such
pilot program; and
(G) the lessons learned from such pilot program.
(d) Use of Funds.--Compensation offered by the Department subject
to this section shall be funded by funds authorized to be appropriated
by section 7101.
Subtitle F--Public Diplomacy
SEC. 7601. SHORT TITLE.
This subtitle may be cited as the ``Public Diplomacy Modernization
Act of 2021''.
SEC. 7602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of efforts
across public diplomacy bureaus and offices of the Department
of State; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 7603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary of State,
acting through the Director of Research and Evaluation appointed
pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department, including
through the routine use of audience research, digital
analytics, and impact evaluations, to plan and execute such
programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall appoint
a Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department of State.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs and activities
of the Department of State in order to--
(i) improve public diplomacy strategies and
tactics; and
(ii) ensure that such programs and
activities are increasing the knowledge,
understanding, and trust of the United States
by relevant target audiences;
(B) routinely organize and oversee audience
research, digital analytics, and impact evaluations
across all public diplomacy bureaus and offices of the
Department;
(C) support United States diplomatic posts' public
affairs sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with
other appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized
research questions, methodologies, and procedures to
ensure that public diplomacy programs and activities
across all public diplomacy bureaus and offices are
designed to meet appropriate foreign policy objectives;
and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the
Subcommittee on Research and Evaluation established
pursuant to subsection (f), regarding the research and
evaluation of all public diplomacy bureaus and offices.
(4) Guidance and training.--Not later than one year after
the appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department of State shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy programs
and activities of the Department of State pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among the
research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department of State should gradually increase its
allocation of funds made available under the headings
``Educational and Cultural Exchange Programs'' and ``Diplomatic
Programs'' for research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) to a percentage of program funds that is
commensurate with Federal Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction Act.--
Chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act'') shall not apply to the collection of
information directed at any individuals conducted by, or on behalf of,
the Department of State for the purpose of audience research,
monitoring, and evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department of State shall maintain,
collect, use, and disseminate records (as such term is defined
in section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation of
communications related to public diplomacy efforts intended for
foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of
this subsection; and
(B) carried out with due regard for privacy and
civil liberties guidance and oversight.
(f) United States Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall establish
a Subcommittee on Research and Evaluation to monitor and advise
regarding audience research, digital analytics, and impact
evaluations carried out by the Department of State and the
United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency for
Global Media, describing all actions taken by the Subcommittee
pursuant to paragraph (1) and any findings made as a result of
such actions.
SEC. 7604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
(a) In General.--Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
(b) Clerical Amendment.--The table of contents in section 1002(b)
of the Foreign Affairs Reform and Restructuring Act of 1998 is amended
by amending the item relating to section 1334 to read as follows:
``Sec. 1334. Continuation of United States Advisory Commission on
Public Diplomacy.''.
SEC. 7605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State shall
establish a working group to explore the possibilities and cost-benefit
analysis of transitioning to a shared services model as such pertains
to human resources, travel, purchasing, budgetary planning, and all
other executive support functions for all bureaus of the Department
that report to the Under Secretary for Public Diplomacy of the
Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a plan to implement any such
findings of the working group established under subsection (a).
SEC. 7606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall adopt, and include
in the Foreign Affairs Manual, guidelines to collect and utilize
information from each diplomatic post at which the construction of a
new embassy compound or new consulate compound would result in the
closure or co-location of an American Space, American Center, American
Corner, or any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).
(b) Requirements.--The guidelines required by subsection (a) shall
include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming at
such diplomatic post if any public diplomacy facility referred
to in subsection (a) is closed or staff is co-located in
accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary of State
and the appropriate Under Secretaries and Assistant Secretaries
of the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report containing the guidelines
required under subsection (a) and any recommendations for any
modifications to such guidelines.
SEC. 7607. DEFINITIONS.
In this subtitle:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design regarding
specific audience segments to understand the attitudes,
interests, knowledge, and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted by
a public diplomacy program or campaign that can be attributed
to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect to
the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources
for Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the
regional and functional bureaus.
Subtitle G--Combating Public Corruption
SEC. 7701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries and
enhance such countries' ability to combat public corruption;
and
(3) the Department of State should--
(A) promote coordination among the Federal
departments and agencies implementing programs to
promote good governance and combat public corruption in
foreign countries in order to improve effectiveness and
efficiency; and
(B) identify areas in which United States efforts
to help other countries promote good governance and
combat public corruption could be enhanced.
SEC. 7702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2022 through 2027, the
Secretary of State shall assess the capacity and commitment of foreign
governments to which the United States provides foreign assistance
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or
the Arms Export Control Act (22 U.S.C. 2751 et seq.) to combat public
corruption. Each such assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector in such countries, including the extent to which
public power is exercised for private gain, to identify those
countries that are most vulnerable to public corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified under
paragraph (1)--
(A) has adopted measures to prevent public
corruption, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of public corruption;
(B) has enacted laws and established government
structures, policies, and practices that prohibit
public corruption;
(C) enforces such laws through a fair judicial
process;
(D) vigorously investigates, prosecutes, convicts,
and sentences public officials who participate in or
facilitate public corruption, including nationals of
such country who are deployed in foreign military
assignments, trade delegations abroad, or other similar
missions who engage in or facilitate public corruption;
(E) prescribes appropriate punishment for serious
and significant corruption that is commensurate with
the punishment prescribed for serious crimes;
(F) prescribes appropriate punishment for
significant corruption that provides a sufficiently
stringent deterrent and adequately reflects the nature
of the offense;
(G) convicts and sentences persons responsible for
such acts that take place wholly or partly within the
country of such government, including, as appropriate,
requiring the incarceration of individuals convicted of
such acts;
(H) holds private sector representatives
accountable for their role in public corruption; and
(I) addresses threats for civil society to monitor
anti-corruption efforts;
(3) further consider--
(A) verifiable measures taken by the government of
a country identified under paragraph (1) to prohibit
government officials from participating in,
facilitating, or condoning public corruption, including
the investigation, prosecution, and conviction of such
officials;
(B) the extent to which such government provides
access, or, as appropriate, makes adequate resources
available, to civil society organizations and other
institutions to combat public corruption, including
reporting, investigating, and monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption
cases impartially, on the basis of facts and in
accordance with law, without any improper restrictions,
influences, inducements, pressures, threats, or
interferences, whether direct or indirect, from any
source or for any reason;
(D) the extent to which such government cooperates
meaningfully with the United States to strengthen
government and judicial institutions and the rule of
law to prevent, prohibit, and punish public corruption;
and
(E) the extent to which such government--
(i) is assisting in international
investigations of transnational public
corruption networks and in other cooperative
efforts to combat serious, significant
corruption, including cooperating with the
governments of other countries to extradite
corrupt actors;
(ii) recognizes the rights of victims of
public corruption, ensures their access to
justice, and takes steps to prevent such
victims from being further victimized or
persecuted by corrupt actors, government
officials, or others; and
(iii) refrains from prosecuting legitimate
victims of public corruption or whistleblowers
due to such persons having assisted in exposing
public corruption, and refrains from other
discriminatory treatment of such persons; and
(4) contain such other information relating to public
corruption as the Secretary of State considers appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary of State shall identify, of the countries
described in subsection (a)(1)--
(1) which countries are meeting minimum standards to combat
public corruption;
(2) which countries are not meeting such minimum standards
but are making significant efforts to do so; and
(3) which countries are not meeting such minimum standards
and are not making significant efforts to do so.
(c) Report.--Except as provided in subsection (d), not later than
180 days after the date of the enactment of this Act and annually
thereafter through fiscal year 2027, the Secretary of State shall
submit to the appropriate congressional committees, the Committee on
Appropriations of the House of Representatives, and the Committee on
Appropriations of the Senate a report, and make such report publicly
available, that--
(1) identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b);
(2) describes the methodology and data utilized in the
assessments under subsection (a); and
(3) identifies the reasons for the identifications referred
to in paragraph (1).
(d) Briefing in Lieu of Report.--The Secretary of State may waive
the requirement to submit and make publicly available a written report
under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-
corruption efforts in one or more countries; or
(B) threaten the national interests of the United
States; and
(2) provides to the appropriate congressional committees a
briefing that--
(A) identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of
subsection (b);
(B) describes the methodology and data utilized in
the assessment under subsection (a); and
(C) identifies the reasons for the identifications
referred to in subparagraph (A).
SEC. 7703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of section
1702(b), the Secretary of State, in coordination with the Administrator
of the United States Agency for International Development, as
appropriate, shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in
contracts, grants, and cooperative agreements entered
into by the Department of State or the United States
Agency for International Development for or in such
countries, which allow for the termination of such
contracts, grants, or cooperative agreements, as the
case may be, without penalty if credible indicators of
public corruption are discovered;
(B) the inclusion of appropriate clawback or
flowdown clauses within the procurement instruments of
the Department of State and the United States Agency
for International Development that provide for the
recovery of funds misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department of State or the United States Agency for
International Development; and
(D) the establishment of mechanisms for
investigating allegations of misappropriated resources
and equipment.
SEC. 7704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually designate an
anti-corruption point of contact at the United States diplomatic post
to each country identified under paragraphs (2) and (3) of section
1702(b), or which the Secretary otherwise determines is in need of such
a point of contact. The point of contact shall be the chief of mission
or the chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for coordinating
and overseeing the implementation of a whole-of-government approach
among the relevant Federal departments and agencies operating programs
that--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries to--
(A) combat public corruption; and
(B) develop and implement corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement appropriate
training for anti-corruption points of contact designated under
subsection (a).
Subtitle H--Other Matters
SEC. 7801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``sixty''
and inserting ``30''; and
(B) in the second sentence, by striking ``Committee
on International Relations'' and inserting ``Committee
on Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States Government
that enters into any international agreement described in subsection
(a) on behalf of the United States, shall designate a Chief
International Agreements Officer, who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State expeditiously after such
agreement has been signed.''.
SEC. 7802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following ``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate, that
assistance for such country is in the national interest of the
United States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the Peace
Corps Act, the Millennium Challenge Act of 2003, the African
Development Foundation Act, the BUILD Act of 2018, section 504 of the
FREEDOM Support Act, or section 23 of the Arms Export Control Act to
the government of any country which is in default during a period in
excess of 1 calendar year in payment to the United States of principal
or interest or any loan made to the government of such country by the
United States unless the President determines, following consultation
with the congressional committees specified in paragraph (1), that
assistance for such country is in the national interest of the United
States.''.
SEC. 7803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN
ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after
``access cases''; and
(ii) by inserting ``and the number of
children involved'' before the semicolon at the
end;
(B) in subparagraph (D), by inserting
``respectively, the number of children involved,''
after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all countries.''.
SEC. 7804. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States Code, is
amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings''
and inserting ``and historic buildings, and
unimpeded access to those sites''; and
(ii) by striking ``and protected'' and
inserting ``, protected, and made accessible'';
and
(B) in paragraph (3), by striking ``and
protecting'' and inserting ``, protecting, and making
accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate'' after
``President''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Commission for the Preservation of America's Heritage
Abroad shall submit to the President and to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that contains an evaluation of the
extent to which the Commission is prepared to continue its activities
and accomplishments with respect to the foreign heritage of United
States citizens from eastern and central Europe, were the Commission's
duties and powers extended to include other regions, including the
Middle East and North Africa, and any additional resources or personnel
the Commission would require.
SEC. 7805. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of the
authority pursuant to section 127e of title 10, United State Code, or
section 1202 of the National Defense Authorization Act for Fiscal Year
2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant
compartmented and special programs to so consult in a timely
manner with respect to such concurrence.
SEC. 7806. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK
FORCE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees, the Committee on Armed Services of the House of
Representatives, and the Committee on Armed Services of the Senate a
report evaluating the efforts of the Coronavirus Repatriation Task
Force of the Department of State to repatriate United States citizens
and legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
DIVISION G--GLOBAL PANDEMIC PREVENTION AND BIOSECURITY
SEC. 8001. SHORT TITLE.
This division may be cited as the ``Global Pandemic Prevention and
Biosecurity Act''.
SEC. 8002. STATEMENT OF POLICY.
It shall be the policy of the United States Government to--
(1) support improved community health, forest management,
sustainable agriculture, and safety of livestock production in
developing countries;
(2) support the availability of scalable and sustainable
alternative animal and plant-sourced protein for local
communities, where appropriate, in order to minimize human
reliance on the trade in live wildlife and raw or unprocessed
wildlife parts and derivatives;
(3) support foreign governments to--
(A) transition from the sale of such wildlife for
human consumption in markets and restaurants to
alternate protein and nutritional sources;
(B) prevent commercial trade in live wildlife and
raw or unprocessed wildlife parts and derivatives that
risks contributing to zoonotic spillover events between
animals and humans, not to include commercial trade
in--
(i) fish;
(ii) invertebrates;
(iii) amphibians;
(iv) reptiles; or
(v) the meat of game species--
(I) traded in markets in countries
with effective implementation and
enforcement of scientifically based,
nationally implemented policies and
legislation for processing, transport,
trade, marketing; and
(II) sold after being slaughtered
and processed under sanitary
conditions; and
(C) establish and effectively manage protected and
conserved areas, including in tropical landscapes, and
including indigenous and community-conserved areas;
(4) encourage development projects that do not contribute
to the destruction, fragmentation or degradation of forests or
loss of biodiversity; and
(5) respect the rights and needs of indigenous people and
local communities dependent on such wildlife for nutritional
needs and food security.
SEC. 8003. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations in the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations in the Senate.
(3) Commercial wildlife trade.--The term ``commercial
wildlife trade'' means trade in wildlife for the purpose of
obtaining economic benefit, whether in cash or otherwise, that
is directed toward sale, resale, exchange, or any other form of
economic use or benefit.
(4) Human consumption.--The term ``human consumption''
means specific use for human food or medicine.
(5) Live wildlife market.--The term ``live wildlife
market'' means a commercial market that sells, processes, or
slaughters live or fresh wildlife for human consumption in
markets or restaurants, irrespective of whether such wildlife
originated in the wild or in a captive situation.
(6) One health.--The term ``One Health'' means a
collaborative, multisectoral, and trans-disciplinary approach
achieving optimal health outcomes that recognizes the
interconnection between--
(A) people, wildlife, and plants; and
(B) the environment shared by such people,
wildlife, and plants.
(7) Outbreak.--The term ``outbreak'' means the occurrence
of disease cases in excess of normal expectancy.
(8) Public health emergency.--The term ``public health
emergency'' means the public health emergency declared by the
Secretary of Health and Human Services pursuant to section 319
of the Public Health Service Act (42 U.S.C. 247d) on January
31, 2020, with respect to COVID-19.
(9) Spillover event.--The term ``spillover event'' means
the transmission of a pathogen from one species to another.
(10) Task force.--The term ``Task Force'' means the Global
Zoonotic Disease Task Force established under section 8006(a).
(11) USAID.--The term ``USAID'' means the United States
Agency for International Development.
(12) Zoonotic disease.--The term ``zoonotic disease'' means
any disease that is naturally transmissible between animals and
humans.
SEC. 8004. FINDINGS.
Congress makes the following findings:
(1) The majority of recent emerging infectious diseases
have originated in wildlife.
(2) There is a rise in the frequency of zoonotic spillover
events and outbreaks of such diseases.
(3) This rise in such spillover events and outbreaks
relates to the increased interaction between humans and
wildlife.
(4) There is a progressive and increasing rise in
interaction between human populations and wildlife related to
deforestation, habitat degradation, and expansion of human
activity into the habitat of such wildlife.
(5) The increase in such interactions due to these factors,
particularly in forested regions of tropical countries where
there is high mammalian diversity, is a serious risk factor for
spillover events.
(6) A serious risk factor for spillover events also relates
to the collection, production, commercial trade, and sale for
human consumption of wildlife that may transmit to zoonotic
pathogens to humans that may then replicate and be transmitted
within the human population.
(7) Such a risk factor is increased if it involves wildlife
that--
(A) does not ordinarily interact with humans; or
(B) lives under a stressful condition, as such
condition exacerbates the shedding of zoonotic
pathogens.
(8) Markets for such wildlife to be sold for human
consumption are found in many countries.
(9) In some communities, such wildlife may be the only
accessible source of high quality nutrition.
(10) The public health emergency has resulted in--
(A) trillions of dollars in economic damage to the
United States; and
(B) the deaths of hundreds of thousands of American
citizens.
SEC. 8005. UNITED STATES POLICY TOWARD ASSISTING COUNTRIES IN
PREVENTING ZOONOTIC SPILLOVER EVENTS.
The Secretary of State and Administrator of the United States
Agency for International Development, in consultation with the Director
of the United States Fish and Wildlife Service, the Secretary of
Agriculture, and the leadership of other relevant agencies, shall
coordinate, engage, and work with governments, multilateral entities,
intergovernmental organizations, international partners, and non-
governmental organizations to--
(1) prevent commercial trade in live wildlife and raw or
unprocessed wildlife parts and derivatives for human
consumption that risks contributing to zoonotic spillover,
placing a priority focus on tropical countries or countries
with significant markets for live wildlife for human
consumption, which includes such wildlife trade activities as--
(A) high volume commercial trade and associated
markets;
(B) trade in and across well connected urban
centers;
(C) trade for luxury consumption or where there is
no dietary necessity by--
(i) working through existing treaties,
conventions, and agreements to develop a new
protocol, or to amend existing protocols or
agreements; and
(ii) expanding combating wildlife
trafficking programs to support enforcement of
the closure of such markets and new illegal
markets in response to closures, and the
prevention of such trade, including--
(I) providing assistance to improve
law enforcement;
(II) detecting and deterring the
illegal import, transit, sale and
export of wildlife;
(III) strengthening such programs
to assist countries through legal
reform;
(IV) improving information sharing
and enhancing capabilities of
participating foreign governments;
(V) supporting efforts to change
behavior and reduce demand for such
wildlife products; and
(VI) leveraging United States
private sector technologies and
expertise to scale and enhance
enforcement responses to detect and
prevent such trade;
(D) leveraging strong United States bilateral
relationships to support new and existing inter-
ministerial collaborations or task forces that can
serve as regional One Health models; or
(E) building local agricultural capacity by
leveraging expertise from the Department of
Agriculture, U.S. Fish and Wildlife, and institutions
of higher education with agricultural expertise;
(2) prevent the degradation and fragmentation of forests
and other intact ecosystems, particularly in tropical
countries, to minimize interactions between wildlife and human
and livestock populations that could contribute to spillover
events and zoonotic disease transmission, including by
providing assistance or supporting policies to--
(A) conserve, protect, and restore the integrity of
such ecosystems;
(B) support the rights of indigenous peoples and
local communities and their abilities to continue their
effective stewardships of their traditional lands and
territories;
(C) support the establishment and effective
management of protected areas, prioritizing highly
intact areas; and
(D) prevent activities that result in the
destruction, degradation, fragmentation, or conversion
of intact forests and other intact ecosystems and
biodiversity strongholds, including by governments,
private sector entities, and multilateral development
financial institutions;
(3) offer alternative livelihood and worker training
programs and enterprise development to wildlife traders,
wildlife breeders, and local communities whose members are
engaged in the commercial wildlife trade for human consumption;
(4) work with indigenous peoples and local communities to--
(A) ensure that their rights are respected and
their authority to exercise such rights is protected;
(B) provide education and awareness on animal
handling, sanitation, and disease transmission, as well
as sustainable wildlife management and support to
develop village-level alternative sources of protein
and nutrition;
(C) reduce the risk of zoonotic spillover while
ensuring food security and access to healthy diets; and
(D) improve farming practices to reduce the risk of
zoonotic spillover to livestock;
(5) strengthen global capacity for detection of zoonotic
diseases with pandemic potential; and
(6) support the development of One Health systems at the
community level.
SEC. 8006. GLOBAL ZOONOTIC DISEASE TASK FORCE.
(a) Establishment.--There is established a task force to be known
as the ``Global Zoonotic Disease Task Force''.
(b) Duties of Task Force.--The duties of the Task Force shall be
to--
(1) ensure an integrated approach across the Federal
Government and globally to the prevention of, early detection
of, preparedness for, and response to zoonotic spillover and
the outbreak and transmission of zoonotic diseases that may
pose a threat to global health security;
(2) not later than one year after the date of the enactment
of this Act, develop and publish, on a publicly accessible
website, a plan for global biosecurity and zoonotic disease
prevention and response that leverages expertise in public
health, wildlife health, livestock veterinary health,
sustainable forest management, community-based conservation,
rural food security, and indigenous rights to coordinate
zoonotic disease surveillance internationally, including
support for One Health institutions around the world that can
prevent and provide early detection of zoonotic outbreaks; and
(3) expanding the scope of the implementation of the White
House's Global Health Security Strategy to more robustly
support the prevention of zoonotic spillover and respond to
zoonotic disease investigations and outbreaks by establishing a
10-year strategy with specific Federal Government international
goals, priorities, and timelines for action, including to--
(A) recommend policy actions and mechanisms in
developing countries to reduce the risk of zoonotic
spillover and zoonotic disease emergence and
transmission, including in support of the activities
described in section 8005;
(B) identify new mandates, authorities, and
incentives needed to strengthen the global zoonotic
disease plan under paragraph (2); and
(C) prioritize engagement in programs that target
tropical countries and regions experiencing high rates
of deforestation, forest degradation, and land
conversion, and countries with significant markets for
live wildlife for human consumption.
(c) Membership.--
(1) In general.--The members of the Task Force established
pursuant to subsection (a) shall be composed of representatives
from each of the following agencies:
(A) One permanent Chairperson at the level of
Deputy Assistant Secretary or above from the following
agencies, to rotate every two years in an order to be
determined by the Administrator:
(i) The Animal and Plant Health Inspection
Service of the Department of Agriculture.
(ii) The Department of Health and Human
Services or the Centers for Disease Control and
Prevention.
(iii) The Department of the Interior or the
United States Fish and Wildlife Service.
(iv) The Department of State or USAID.
(v) The National Security Council.
(B) At least 13 additional members, with at least
one from each of the following agencies:
(i) The Centers for Disease Control and
Prevention.
(ii) The Department of Agriculture.
(iii) The Department of Defense.
(iv) The Department of State.
(v) The Environmental Protection Agency.
(vi) The National Science Foundation.
(vii) The National Institutes of Health.
(viii) The National Institute of Standards
and Technology.
(ix) The Office of Science and Technology
Policy.
(x) The United States Agency for
International Development.
(xi) The United States Fish and Wildlife
Service.
(xii) U.S. Customs and Border Protection.
(xiii) U.S. Immigration and Customs
Enforcement.
(2) Timing of appointments.--Appointments to the Task Force
shall be made not later than 30 days after the date of the
enactment of this Act.
(3) Terms.--
(A) In general.--Each member of the Task Force
shall be appointed for a term of two years.
(B) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that term until a
successor has been appointed.
(d) Meeting.--
(1) Initial meeting.--The Task Force shall hold its initial
meeting not later than 45 days after the final appointment of
all members under subsection (b)(2).
(2) Meetings.--
(A) In general.--The Task Force shall meet at the
call of the Chairperson.
(B) Quorum.--Eight members of the Task Force shall
constitute a quorum, but a lesser number may hold
hearings.
(e) Compensation.--
(1) Prohibition of compensation.--Except as provided in
paragraph (2), members of the Task Force may not receive
additional pay, allowances, benefits by reason of their service
on the Task Force.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Reports.--
(1) Report to task force.--Not later than 6 months after
the enactment of this act and annually thereafter, the Federal
agencies listed in subsection (b), shall submit a report to the
Task Force containing a detailed statement with respect to the
results of any programming within their agencies that addresses
the goals of zoonotic spillover and disease prevention.
(2) Report to congress.--Not later than 12 months after the
date of the enactment of this Act and annually thereafter, the
Task Force shall submit to the appropriate congressional
committees and the National Security Advisor a report
containing a detailed statement of the recommendations of the
Council pursuant to subsection (b).
(g) FACA.--Section 14(a)(2)(B) of the Federal Advisory Committee
Act shall not apply to the Task Force. The Task Force is authorized for
seven years beginning on the date of the enactment of this Act, and up
to an additional two years at the discretion of the Task Force
Chairperson.
SEC. 8007. PREVENTING OUTBREAKS OF ZOONOTIC DISEASES.
(a) Integrated Zoonotic Diseases Program.--There is authorized an
integrated zoonotic diseases program within the United States Agency
for International Development's global health security programs, led by
the Administrator, in consultation with the Director for the Centers
for Disease Control and Prevention and other relevant Federal agencies,
to prevent spillover events, epidemics, and pandemics through the
following activities:
(1) Partnering with a consortium that possesses the
following technical capabilities:
(A) Institution with expertise in global wildlife
health and zoonotic pathogen, animal care and
management, combating wildlife trafficking, including
community-based conservation, wildlife trade and
trafficking, wildlife habitat protection, protected
area management, and preventing deforestation and
forest degradation.
(B) Institutions of higher education with
veterinary and public health expertise.
(C) Institutions with public health expertise.
(2) Implementing programs that aim to prevent zoonotic
spillover and expand on the results of the USAID Emerging
Pandemic Threat Outcomes program, including PREDICT and
PREDICT-2, to prioritize the following activities:
(A) Utilizing coordinated information and data
sharing platforms, including information related to
biosecurity threats, in ongoing and future research.
(B) Conducting One Health zoonotic research at
human-wildlife interfaces.
(C) Conducting One Health research into known and
novel zoonotic pathogen detection.
(D) Conducting surveillance, including biosecurity
surveillance, of priority and unknown zoonotic diseases
and the transmission of such diseases.
(E) Preventing spillover events of zoonotic
diseases.
(F) Investing in frontline diagnostic capability at
points of contact.
(G) Understanding global and national-level legal
and illegal wildlife trade routes and value chains, and
their impacts on biodiversity loss on human-wildlife
interfaces.
(H) Understanding the impacts of land-use change
and conversion and biodiversity loss on human-wildlife
interfaces and zoonotic spillover risk.
(I) Supporting development of One Health capacity
and systems at the community level including
integrating activities to improve community health,
promote sustainable management and conservation of
forests, and ensure safety in livestock production and
handling.
(J) Utilizing existing One Health trained workforce
in developing countries to identify high risk or
reoccurring spillover event locations and concentrate
capacity and functionality at such locations.
(K) Continuing to train a One Health workforce in
developing countries to prevent and respond to disease
outbreaks in animals and humans, including training
protected area managers in disease collection
technology linked to existing data sharing platforms.
(b) Termination.--The integrated zoonotic diseases program
authorized under this section shall terminate on the date that is ten
years after the date of the enactment of this Act.
SEC. 8008. USAID MULTISECTORAL STRATEGY FOR FOOD SECURITY, GLOBAL
HEALTH, BIODIVERSITY CONSERVATION, AND REDUCING DEMAND
FOR WILDLIFE FOR HUMAN CONSUMPTION.
(a) In General.--The Administrator shall develop, and publish on a
publicly accessible website, a multisectoral strategy for food
security, global health, and biodiversity protection and shall include
information about zoonotic disease surveillance in the reports required
by section 406(b) of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020.
(b) Multisectoral Strategy.--The Administrator of the United States
Agency for International Development (USAID), through sectoral and
regional bureaus, shall develop a multisectoral strategy to integrate
and mitigate risks of zoonotic disease emergence and spread, food
insecurity, biodiversity conservation, and wildlife and habitat
destruction. The strategy shall include participation of the following:
(1) The Bureau for Africa.
(2) The Bureau for Asia.
(3) The Bureau for Economic Growth, Education, and
Environment.
(4) The Bureau for Global Health.
(5) The Bureau for Latin America and the Caribbean.
(6) The Bureau for Resiliency, and Food Security.
(7) The Democracy, Conflict, and Humanitarian Assistance
Bureau.
(c) Contents.--The USAID multisectoral strategy developed pursuant
to subsection (a) shall include--
(1) a statement of the United States intention to
facilitate international cooperation to prevent commercial
trade in live wildlife and raw or unprocessed wildlife parts
and derivatives for human consumption, that risk contributing
to zoonotic spillover and to prevent the degradation and
fragmentation of forests and other intact ecosystems in
tropical countries while ensuring full consideration to the
needs and rights of Indigenous Peoples and local communities
that depend on wildlife for their food security;
(2) programs supporting integrated One Health activities to
improve community health, promote the sustainable management,
conservation, and restoration of forests, and ensure safety in
livestock production and handling;
(3) programs and objectives to change wildlife consumers'
behavior, attitudes and consumption of wildlife that risks
contributing to zoonotic spillover;
(4) programs to increase supplies of sustainably and
locally produced alternative animal and plant-based sources of
protein and nutrition;
(5) programs to protect, maintain and restore ecosystem
integrity;
(6) programs to ensure that countries are sufficiently
prepared to detect, report, and respond to zoonotic disease
spillover events;
(7) programs to prevent, prepare for, detect, report, and
respond to zoonotic disease spillover events; and
(8) the identification of Landscape Leaders residing in-
country who will coordinate strategic implementation, the
overseeing of Conservation Corps volunteers, and coordination
with donors and award recipients throughout the term of the
project.
SEC. 8009. IMPLEMENTATION OF MULTISECTORAL STRATEGY.
(a) Implementation.--The USAID multisectoral strategy under section
8008 shall be implemented--
(1) through USAID bilateral programs through missions and
embassies and will account for half of the portfolio; and
(2) through demonstration projects that meet the
requirements of subsection (b) and account for half of the
portfolio.
(b) Demonstration Projects.--
(1) Purpose.--The purpose of demonstration projects under
subsection (a) shall be to--
(A) pilot the implementation of the USAID
multisectoral strategy by leveraging the international
commitments of the donor community;
(B) prevent pandemics and reduce demand for fresh
and live wildlife source foods as a way to stop
spillover;
(C) establish and increase availability of and
access to sustainably and locally produced animal and
plant-based sources of protein and nutrition to provide
an alternative to the growing wild meat demand in
urban, suburban, and exurban communities; and
(D) realize the greatest impact in low capacity
forested countries with susceptibility to zoonotic
spillover and spread that can lead to a pandemic.
(2) Demonstration project country plans.--
(A) In general.--USAID shall lead a collaborative
effort in coordination with the Department of State,
embassies of the United States, and the International
Development Finance Corporation to consult with in-
country stakeholder and participants in key forested
countries to develop a plan that reflects the local
needs and identifies measures of nutrition, yield gap
analysis, global health safeguards, forest and
biodiversity protection, bushmeat demand reduction and
consumer behavior change, and market development
progress, within 90 days of completion of the
multisectoral strategy.
(B) Eligible projects.--Eligible demonstration
projects shall include small holder backyard production
of animal source foods including poultry, fish, guinea
pigs, and insects.
(C) Stakeholders and participants.--Stakeholder and
participants in the development of the multisectoral
country plans shall include but are not limited to--
(i) recipient countries;
(ii) donors governments;
(iii) multilaterals institutions;
(iv) conservation organizations;
(v) One Health institutions;
(vi) agricultural extension services;
(vii) domestic and international
institutions of higher education;
(viii) food security experts;
(ix) United States grain and animal protein
production experts;
(x) social marketing and behavioral change
experts; and
(xi) financial institutions and micro-
enterprise experts.
(3) Change in livelihoods.--Multisectoral country plans
shall include programs to re-train individuals no longer
engaged in supplying wildlife markets in fundamental components
of commercial animal source food production, including
agriculture extension, veterinary care, sales and marketing,
supply chains, transportation, livestock feed production,
micro-enterprise, and market analysis.
(4) Location of demonstration projects.--Collaboration
between United States Government assistance and other donor
investments shall occur in five demonstration projects, which
shall be in Africa, Asia, and Latin America.
(5) Timing.--Five demonstration projects shall be selected
and each shall be tested over four years after the date of the
enactment of this Act.
(c) Reporting.--
(1) Agency report.--The Administrator shall annually submit
to the global zoonotic disease task force established pursuant
to section 8006, the President, and the appropriate
congressional committees a report regarding the progress
achieved and challenges concerning the development of a
multisectoral strategy for food security, global health,
biodiversity, and reducing demand for wildlife for human
consumption required under this section. Data included in each
such report shall be disaggregated by country, and shall
include recommendations to resolve, mitigate, or otherwise
address such challenges. Each such report shall, to the extent
possible, be made publicly available.
(2) Report to congress.--The Administrator shall submit a
strategy within one year of the enactment of this Act outlining
the implementation of the country plans and identifying
demonstration sites and criteria for pilot programs. Four years
after the enactment, the Administrator shall submit a
reassessment of the strategy to Congress, as well as a
recommendation as to whether and how to expand these programs
globally.
SEC. 8010. ESTABLISHMENT OF CONSERVATION CORPS.
(a) In General.--The Administrator shall establish a Conservation
Corps to provide Americans eligible for service abroad, under
conditions of hardship if necessary, to deliver technical and strategic
assistance to in-country leaders of demonstration projects,
stakeholders, and donors implementing and financing the multisectoral
strategy under section 8008 to reduce demand for wildlife for human
consumption through food security, global health, and biodiversity and
related demonstration projects.
(b) Persons Eligible to Serve as Volunteers.--The Administrator may
enroll in the Conservation Corps for service abroad qualified citizens
and nationals for short terms of service at the discretion of the
Administrator.
(c) Responsibilities.--The Conservation Corps volunteers shall be
responsible for--
(1) providing training to agricultural producers to
encourage participants to share and pass on to other
agricultural producers in the home communities of the
participants the information and skills obtained from the
training under this section;
(2) identifying areas for the extension of additional
technical resources through farmer-to-farmer exchanges; and
(3) conducting assessments of individual projects and
bilateral strategies and recommend knowledge management
strategies toward building programs to scale and strengthening
projects.
Passed the House of Representatives September 23, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.
By Gloria J. Lett,
Deputy Clerk.
Calendar No. 144
117th CONGRESS
1st Session
H. R. 4350
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AN ACT
To authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
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October 18, 2021
Received; read twice and placed on the calendar