[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1605 Enrolled Bill (ENR)]
S.1605
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty one
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 six divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Department of State Authorization
(6) Division F--Other Non-Department of Defense Matters.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modification of deployment by the Army of interim cruise
missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the
Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for
the next generation squad weapon.
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh
Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for
the procurement of Flight III Arleigh Burke class destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier
air wings.
Sec. 127. Report on material readiness of Virginia class submarines of
the Navy.
Subtitle D--Air Force Programs
Sec. 131. Extension of inventory requirement for Air Force fighter
aircraft.
Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on
bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain air
refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical
airlift aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Implementation of affordability, operational, and sustainment
cost constraints for the F-35 aircraft program.
Sec. 142. Transfer of F-35 program responsibilities from the F-35 Joint
Program Office to the Department of the Air Force and the
Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of
aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. Reports on exercise of waiver authority with respect to
certain aircraft ejection seats.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Codification of National Defense Science and Technology
Strategy.
Sec. 212. Codification of direct hire authority at personnel
demonstration laboratories for advanced degree holders.
Sec. 213. Duties and regional activities of the Defense Innovation Unit.
Sec. 214. Codification of requirement for Defense Established Program to
Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense
science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging
technology and national security threats.
Sec. 217. Improvements relating to national network for microelectronics
research and development.
Sec. 218. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of
the research, development, test, and evaluation centers of the
Department of Defense.
Sec. 220. Defense research and engineering activities at minority
institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for
survivability and lethality testing.
Sec. 224. Assessment and correction of deficiencies in the pilot
breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
Sec. 226. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior
civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and
evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to
promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the
development of artificial intelligence capabilities for the
Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications
infrastructure to facilitate 5G deployment on military
installations.
Sec. 234. Limitation on development of prototypes for the Optionally
Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test
events and reductions in operational flight test capacity.
Sec. 236. Limitation on availability of funds for certain C-130
aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft
program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy
Detection and Exploitation System.
Subtitle C--Plans, Reports, and Other Matters
Sec. 241. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air
Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and
evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National
Security Commission on Artificial Intelligence regarding the
Department of Defense.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Inclusion of impacts on military installation resilience in
the National Defense Strategy and associated documents.
Sec. 312. Energy efficiency targets for Department of Defense data
centers.
Sec. 313. Grants for maintaining or improving military installation
resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy
resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost
savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in
contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership
program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill
Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major
military installations.
Sec. 320. Demonstration program on domestic production of rare earth
elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at
certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.
Subtitle C--National Security Climate Resilience
Sec. 331. Definitions.
Sec. 332. Climate Resilience Infrastructure Initiative of the Department
of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber
attacks or disruptions in reports on national technology and
industrial base.
Sec. 334. Climate resilience in planning, engagement strategies,
infrastructure, and force development of Department of
Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department of
Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for Toxic
Substances and Disease Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances, polyfluoroalkyl substances, and
aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 346. Review of agreements with non-Department entities with respect
to prevention and mitigation of spills of aqueous film-forming
foam.
Sec. 347. Comptroller General study on Department of Defense procurement
of certain items containing certain PFAS substances.
Sec. 348. Report on schedule for completion of remediation of
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and
polyfluoroalkyl substances at certain military installations.
Subtitle E--Logistics and Sustainment
Sec. 351. Mitigation of contested logistics challenges of the Department
of Defense through reduction of operational energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for
corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard
Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment
costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment
efforts.
Subtitle F--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense
regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency of
special operations forces.
Subtitle G--Other Matters
Sec. 371. Military Aviation and Installation Assurance Clearinghouse
matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working
dogs.
Sec. 374. Extension of temporary authority to extend contracts and
leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean
training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on
preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics,
techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 380. Authority for activities to improve next generation radar
systems capabilities.
Sec. 381. Pilot program on military working dog and explosives detection
canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty
or full-time National Guard duty towards authorized end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A-- Officer Personnel Policy
Sec. 501. Authority with respect to authorized strengths for general and
flag officers within the Armed Forces for emerging
requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered
for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare
officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear
and Missile Operations Officer (13N).
Subtitle B--Reserve Component Management
Sec. 511. Modification of grant program supporting science, technology,
engineering, and math education in the Junior Reserve
Officers' Training Corps to include quantum information
sciences.
Sec. 512. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of
unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve
components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Reduction in service commitment required for participation in
career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the military departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of fitness
for duty.
Sec. 525. Command oversight of military privatized housing as element of
performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in housing provided by
the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military
draft.
Sec. 529A. Report on processes and procedures for appeal of denial of
status or benefits for failure to register for Selective
Service.
Sec. 529B. Study and report on administrative separation boards.
Subtitle D--Military Justice Reform
Part 1--Special Trial Counsel
Sec. 531. Special trial counsel.
Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and
special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.
Part 2--Sexual Harassment; Sentencing Reform
Sec. 539D. Inclusion of sexual harassment as general punitive article.
Sec. 539E. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539F. Briefing and report on resourcing required for
implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the
Independent Review Commission on Sexual Assault in the
Military.
Subtitle E--Other Military Justice and Legal Matters
Sec. 541. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation
by victims of sexual assault or sexual harassment and related
persons.
Sec. 545. Modification of notice to victims of pendency of further
administrative action following a determination not to refer
to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking
pretrial information, and assessing changes in law.
Sec. 548. Determination and reporting of members missing, absent
unknown, absent without leave, and duty status-whereabouts
unknown.
Sec. 549. Activities to improve family violence prevention and response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative
organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual
assaults; reporting on racial and ethnic demographics in the
military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of official
restricted and unrestricted reports for eligible adult sexual
assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator
military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response
to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform
Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members
of the Armed Forces.
Sec. 553. Allocation of authority for nominations to the military
service academies in the event of the death, resignation, or
expulsion from office of a Member of Congress.
Sec. 554. Authority of President to appoint successors to members of
Board of Visitors of military academies whose terms have
expired.
Sec. 555. Meetings of the Board of Visitors of a military service
academy: votes required to call; held in person or remotely.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance and
Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of cadets
and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force
Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed
Forces regarding social reform and unhealthy behaviors.
Sec. 559F. Report on status of Army Tuition Assistance Program Army
IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship opportunities
for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved communication
of best practices to engage military spouses with career
assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations to
connect military families with local entities that provide
services to military families.
Sec. 569. Briefing on process to certify reporting of eligible federally
connected children for purposes of Federal impact aid
programs.
Sec. 569A. Briefing on legal services for families enrolled in the
Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program of
United States Special Operations Command: briefing; report.
Subtitle H--Diversity and Inclusion
Sec. 571. Reduction of gender-related inequities in costs of uniforms to
members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify as
Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate and
Training Schools, and the Senior Reserve Officers' Training
Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Modified deadline for establishment of special purpose adjunct
to Armed Services Vocational Aptitude Battery test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service
Medal.
Sec. 584. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection
level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in
Hawaii.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Basic needs allowance for members on active service in the
Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.
Sec. 605. Requirements in connection with suspension of retired pay and
retirement annuities.
Sec. 606. Report on relationship between basic allowance for housing and
sizes of military families.
Sec. 607. Report on certain moving expenses for members of the Armed
Forces.
Sec. 608. Report on temporary lodging expenses in competitive housing
markets.
Sec. 609. Report on rental partnership programs.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Extension of paid parental leave.
Sec. 622. Bereavement leave for members of the Armed Forces.
Sec. 623. Travel and transportation allowances for family members to
attend the funeral and memorial services of members.
Sec. 624. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home child care.
Sec. 625. Pilot program on direct hire authority for spouses of members
of the uniformed services at locations outside the United
States.
Sec. 626. Casualty assistance program: reform; establishment of working
group.
Subtitle D--Defense Resale Matters
Sec. 631. Additional sources of funds available for construction,
repair, improvement, and maintenance of commissary stores.
Subtitle E--Miscellaneous Rights and Benefits
Sec. 641. Alexander Lofgren Veterans in Parks program.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Eating disorders treatment for certain members of the Armed
Forces and dependents.
Sec. 702. Addition of preconception and prenatal carrier screening
coverage as benefits under TRICARE program.
Sec. 703. Revisions to TRICARE provider networks.
Sec. 704. Self-initiated referral process for mental health evaluations
of members of the Armed Forces.
Sec. 705. Modifications to pilot program on health care assistance
system.
Sec. 706. Modification of pilot program on receipt of non-generic
prescription maintenance medications under TRICARE pharmacy
benefits program.
Sec. 707. Improvement of postpartum care for members of the Armed Forces
and dependents.
Subtitle B--Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization
requirements.
Sec. 712. Requirement for consultations relating to military medical
research and Defense Health Agency Research and Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the
military health system.
Sec. 714. Authority of Secretary of Defense and Secretary of Veterans
Affairs to enter into agreements for planning, design, and
construction of facilities to be operated as shared medical
facilities.
Sec. 715. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 716. Establishment of Department of Defense system to track and
record information on vaccine administration.
Sec. 717. Exemption from required physical examination and mental health
assessment for certain members of the reserve components.
Sec. 718. Authorization of provision of instruction at Uniformed
Services University of the Health Sciences to certain Federal
employees.
Sec. 719. Removal of requirement for one year of participation in
certain medical and lifestyle incentive programs of the
Department of Defense to receive benefits under such programs.
Sec. 720. Department of Defense standards for exemptions from mandatory
COVID-19 vaccines.
Sec. 721. Establishment of centers of excellence for enhanced treatment
of ocular injuries.
Sec. 722. Implementation of integrated product for management of
population health across military health system.
Sec. 723. Digital health strategy of Department of Defense.
Sec. 724. Development and update of certain policies relating to
military health system and integrated medical operations.
Sec. 725. Mandatory training on health effects of burn pits.
Sec. 726. Standardization of definitions used by the Department of
Defense for terms related to suicide.
Subtitle C--Reports and Other Matters
Sec. 731. Modifications and reports related to military medical manning
and medical billets.
Sec. 732. Access by United States Government employees and their family
members to certain facilities of Department of Defense for
assessment and treatment of anomalous health conditions.
Sec. 733. Pilot program on cardiac screening at certain military service
academies.
Sec. 734. Pilot program on assistance for mental health appointment
scheduling at military medical treatment facilities.
Sec. 735. Prohibition on availability of funds for certain research
connected to China.
Sec. 736. Limitation on certain discharges solely on the basis of
failure to obey lawful order to receive COVID-19 vaccine.
Sec. 737. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 738. Independent review of suicide prevention and response at
military installations.
Sec. 739. Feasibility and advisability study on establishment of
aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 740. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record
program.
Sec. 742. Comptroller General study on implementation by Department of
Defense of recent statutory requirements to reform the
military health system.
Sec. 743. Study to determine need for a joint fund for Federal
Electronic Health Record Modernization Office.
Sec. 744. Briefing on domestic production of critical active
pharmaceutical ingredients for national security purposes.
Sec. 745. Briefing on substance abuse in the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Prohibition on acquisition of personal protective equipment
from non-allied foreign nations.
Sec. 803. Authority to acquire innovative commercial products and
commercial services using general solicitation competitive
procedures.
Sec. 804. Modifications to contracts subject to cost or pricing data
certification.
Sec. 805. Two-year extension of Selected Acquisition Report requirement.
Sec. 806. Annual report on highest and lowest performing acquisition
programs of the Department of Defense.
Sec. 807. Assessment of impediments and incentives to improving the
acquisition of commercial products and commercial services.
Sec. 808. Briefing on transparency for certain domestic procurement
waivers.
Sec. 809. Report on violations of certain domestic preference laws.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Certain multiyear contracts for acquisition of property:
budget justification materials.
Sec. 812. Extension of demonstration project relating to certain
acquisition personnel management policies and procedures.
Sec. 813. Office of Corrosion Policy and Oversight employee training
requirements.
Sec. 814. Modified condition for prompt contract payment eligibility.
Sec. 815. Modification to procurement of services: data analysis and
requirements validation.
Sec. 816. Limitation on procurement of welded shipboard anchor and
mooring chain for naval vessels.
Sec. 817. Repeal of preference for fixed-price contracts.
Subtitle C--Provisions Relating to Other Transaction Authority
Sec. 821. Modification of other transaction authority for research
projects.
Sec. 822. Modification of prize authority for advanced technology
achievements.
Sec. 823. Pilot program on systems engineering determinations.
Sec. 824. Recommendations on the use of other transaction authority.
Sec. 825. Reporting requirement for certain defense acquisition
activities.
Subtitle D--Provisions Relating to Software and Technology
Sec. 831. Technology protection features activities.
Sec. 832. Modification of enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 833. Pilot program on acquisition practices for emerging
technologies.
Sec. 834. Pilot program to accelerate the procurement and fielding of
innovative technologies.
Sec. 835. Independent study on technical debt in software-intensive
systems.
Sec. 836. Cadre of software development and acquisition experts.
Subtitle E--Provisions Relating to Supply Chain Security
Sec. 841. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 842. Modification to analyses of certain activities for action to
address sourcing and industrial capacity.
Sec. 843. Assuring integrity of overseas fuel supplies.
Sec. 844. Assessment of requirements for certain items to address supply
chain vulnerabilities.
Sec. 845. Department of Defense research and development priorities.
Sec. 846. Report on the Manufacturing Engineering Education Program.
Sec. 847. Plan and report on reduction of reliance on services,
supplies, or materials from covered countries.
Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.
Subtitle F--Industrial Base Matters
Sec. 851. Modifications to printed circuit board acquisition
restrictions.
Sec. 852. Modification of pilot program for development of technology-
enhanced capabilities with partnership intermediaries.
Sec. 853. Additional testing of commercial e-commerce portal models.
Sec. 854. Requirement for industry days and requests for information to
be open to allied defense contractors.
Sec. 855. Employment transparency regarding individuals who perform work
in the People's Republic of China.
Sec. 856. Briefing on compliance with contractor lobbying restrictions.
Sec. 857. Congressional oversight of personnel and contracts of private
security contractors.
Subtitle G--Small Business Matters
Sec. 861. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related dollar threshold.
Sec. 862. Modification to the pilot program for streamlining awards for
innovative technology projects.
Sec. 863. Protests and appeals relating to eligibility of business
concerns.
Sec. 864. Authority for the Office of Hearings and Appeals to decide
appeals relating to qualified HUBZone small business concerns.
Sec. 865. Report on unfunded priorities of the Small Business Innovation
Research and Small Business Technology Transfer program.
Sec. 866. Report on Cybersecurity Maturity Model Certification effects
on small business.
Sec. 867. Data on Phase III Small Business Innovation Research and Small
Business Technology Transfer program awards.
Subtitle H--Other Matters
Sec. 871. Mission management pilot program.
Sec. 872. Establishment of mission-oriented pilot programs to close
significant capabilities gaps.
Sec. 873. Independent study on acquisition practices and policies.
Sec. 874. Pilot program to incentivize contracting with employee-owned
businesses.
Sec. 875. Guidance, training, and report on place of performance
contract requirements.
Sec. 876. Notification of certain intergovernmental support agreements.
Sec. 877. Report on requests for equitable adjustment in Department of
the Navy.
Sec. 878. Military standards for armor materials in vehicle
specifications.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in eligibility requirements for appointment to certain
Department of Defense leadership positions.
Sec. 902. Clarification of treatment of Office of Local Defense
Community Cooperation as a Department of Defense Field
Activity.
Sec. 903. Enhanced role of the Under Secretary of Defense for Research
and Engineering on the Joint Requirements Oversight Council.
Sec. 904. Implementation of repeal of Chief Management Officer of the
Department of Defense.
Sec. 905. Space Force organizational matters and modification of certain
space-related acquisition authorities.
Sec. 906. Assignments for participants in the John S. McCain Strategic
Defense Fellows Program.
Sec. 907. Designation of senior official for implementation of
Electromagnetic Spectrum Superiority Strategy.
Sec. 908. Management innovation activities.
Sec. 909. Digital talent recruiting officer.
Sec. 910. Cross-functional team for emerging threat relating to
anomalous health incidents.
Sec. 911. Alignment of Close Combat Lethality Task Force.
Sec. 912. Independent review of and report on the Unified Command Plan.
Sec. 913. Study and report on the role and organization of space assets
in the reserve components.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Revision of limitation on funding for combatant commands
through Combatant Commander Initiative Fund.
Sec. 1003. Plan for consolidation of information technology systems used
in Department of Defense planning, programming, budgeting, and
execution process.
Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution
Reform.
Subtitle B--Counterdrug Activities
Sec. 1007. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1008. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Modification to annual naval vessel construction plan.
Sec. 1012. Improving oversight of Navy contracts for shipbuilding,
conversion, and repair.
Sec. 1013. Codification of requirement for assessments prior to start of
construction on first ship of a shipbuilding program.
Sec. 1014. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.
Sec. 1015. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Navy battle force ship assessment and requirement reporting.
Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol
boats.
Sec. 1019. Availability of funds for retirement or inactivation of
guided missile cruisers.
Sec. 1020. Review of sustainment key performance parameters for
shipbuilding programs.
Sec. 1021. Assessment of security of global maritime chokepoints.
Sec. 1022. Report on acquisition, delivery, and use of mobility assets
that enable implementation of expeditionary advanced base
operations.
Subtitle D--Counterterrorism
Sec. 1031. Inclusion in counterterrorism briefings of information on use
of military force in collective self-defense.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1034. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1036. Report on medical care provided to detainees at United States
Naval Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Congressional oversight of alternative compensatory control
measures.
Sec. 1042. Modification of notification requirements for sensitive
military operations.
Sec. 1043. Authority to provide space and services to military welfare
societies.
Sec. 1044. Congressional notification of significant Army force
structure changes.
Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as
posse comitatus.
Sec. 1046. Comparative testing reports for certain aircraft.
Sec. 1047. Special operations forces joint operating concept for
competition and conflict.
Sec. 1048. Limitation on availability of certain funding for operation
and maintenance.
Sec. 1049. Limitation on use of certain funds pending submission of
report, strategy, and posture review relating to information
environment.
Sec. 1050. Briefing by Comptroller General and limitation on use of
funds pending compliance with requirement for independent
studies regarding potential cost savings.
Sec. 1051. Survey on relations between members of the Armed Forces and
military communities.
Sec. 1052. Limitation on use of funds pending compliance with certain
statutory reporting requirements.
Sec. 1053. Navy coordination with Coast Guard and Space Force on
aircraft, weapons, tactics, technique, organization, and
equipment of joint concern.
Subtitle F--Studies and Reports
Sec. 1061. Inclusion of support services for Gold Star families in
quadrennial quality of life review.
Sec. 1062. Public availability of semi-annual summaries of reports.
Sec. 1063. Extension of reporting requirement regarding enhancement of
information sharing and coordination of military training
between Department Of Homeland Security and Department Of
Defense.
Sec. 1064. Continuation of certain Department of Defense reporting
requirements.
Sec. 1065. Updated review and enhancement of existing authorities for
using Air Force and Air National Guard modular airborne fire-
fighting systems and other Department of Defense assets to
fight wildfires.
Sec. 1066. Geographic combatant command risk assessment of Air Force
airborne intelligence, surveillance, and reconnaissance
modernization plan.
Sec. 1067. Biennial assessments of Air Force Test Center.
Sec. 1068. Report on 2019 World Military Games.
Sec. 1069. Reports on oversight of Afghanistan.
Sec. 1070. Study and report on Department of Defense excess personal
property program.
Sec. 1071. Optimization of Irregular Warfare Technical Support
Directorate.
Sec. 1072. Assessment of requirements for and management of Army three-
dimensional geospatial data.
Sec. 1073. Required review of Department of Defense unmanned aircraft
systems categorization.
Sec. 1074. Annual report and briefing on Global Force Management
Allocation Plan.
Sec. 1075. Report on World War I and Korean War era Superfund
facilities.
Sec. 1076. Report on implementation of irregular warfare strategy.
Sec. 1077. Study on providing end-to-end electronic voting services for
absent uniformed services voters in locations with limited or
immature postal service.
Sec. 1078. Report on Air Force strategy for acquisition of combat rescue
aircraft and equipment.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Modification to Regional Centers for Security Studies.
Sec. 1083. Improvement of transparency and congressional oversight of
civil reserve air fleet.
Sec. 1084. Observance of National Atomic Veterans Day.
Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation
Operations.
Sec. 1086. National Museum of the Surface Navy.
Sec. 1087. Authorization for memorial for members of the Armed Forces
killed in attack on Hamid Karzai International Airport.
Sec. 1088. Treatment of operational data from Afghanistan.
Sec. 1089. Responsibilities for national mobilization; personnel
requirements.
Sec. 1090. Independent assessment with respect to Arctic region.
Sec. 1091. National Security Commission on Emerging Biotechnology.
Sec. 1092. Quarterly security briefings on Afghanistan.
Sec. 1093. Transition of funding for non-conventional assisted recovery
capabilities.
Sec. 1094. Afghanistan War Commission Act of 2021.
Sec. 1095. Commission on the National Defense Strategy.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Amendment to diversity and inclusion reporting.
Sec. 1102. Civilian personnel management.
Sec. 1103. Modification of temporary authority to appoint retired
members of the armed forces to positions in the Department of
Defense.
Sec. 1104. Authority to employ civilian faculty members at the Defense
Institute of International Legal Studies.
Sec. 1105. Consideration of employee performance in reductions in force
for civilian positions in the Department of Defense.
Sec. 1106. Repeal of 2-year probationary period.
Sec. 1107. Modification of DARPA personnel management authority to
attract science and engineering experts.
Sec. 1108. Expansion of rate of overtime pay authority for Department of
the Navy employees performing work overseas on naval vessels.
Sec. 1109. Repeal of crediting amounts received against pay of Federal
employee or DC employee serving as a member of the National
Guard of the District of Columbia.
Sec. 1110. Treatment of hours worked under a qualified trade-of-time
arrangement.
Sec. 1111. Parental bereavement leave.
Sec. 1112. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1113. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1114. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1115. Assessment of Accelerated Promotion Program suspension.
Sec. 1116. Increase in allowance based on duty at remote worksites.
Sec. 1117. Enhancement of recusal for conflicts of personal interest
requirements for Department of Defense officers and employees.
Sec. 1118. Occupational series for digital career fields.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Administrative support and payment of certain expenses for
covered foreign defense personnel.
Sec. 1202. Authority for certain reimbursable interchange of supplies
and services.
Sec. 1203. Extension of support of special operations for irregular
warfare.
Sec. 1204. Modification and extension of biennial Comptroller General of
the United States audits of programs to build the capacity of
foreign security forces.
Sec. 1205. Temporary authority to pay for travel and subsistence
expenses of foreign national security forces participating in
the training program of the United States-Colombia Action Plan
for Regional Security.
Sec. 1206. Security cooperation strategy for certain combatant commands.
Sec. 1207. Report on security cooperation programs.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Sense of Congress on the service of United States Armed
Forces servicemembers in Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Prohibition on transfer of Department of Defense funds or
resources to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban or the
Islamic Emirate of Afghanistan.
Sec. 1215. Prohibition on removal of publicly available accountings of
military assistance provided to the Afghan security forces.
Sec. 1216. Joint report on using the synchronized predeployment and
operational tracker (spot) database to verify Afghan SIV
applicant information.
Sec. 1217. Report and briefing on United States equipment, property, and
classified material that was destroyed or abandoned in the
withdrawal from Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1222. Defense and diplomatic strategy for Syria.
Sec. 1223. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1224. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Prohibition on transfers to Badr Organization.
Sec. 1226. Prohibition on transfers to Iran.
Sec. 1227. Report on the military capabilities of Iran and related
activities.
Sec. 1228. Sense of Congress on enrichment of uranium by Iran.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Extension of Ukraine Security Assistance Initiative.
Sec. 1233. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1235. Report on Russian influence operations and campaigns
targeting military alliances and partnerships of which the
United States is a member.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Extension and modification of Indo-Pacific Maritime Security
Initiative.
Sec. 1242. Extension and modification of Pacific Deterrence Initiative.
Sec. 1243. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1245. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1246. Sense of Congress on Taiwan defense relations.
Sec. 1247. Statement of policy on Taiwan.
Sec. 1248. Annual report on Taiwan asymmetric capabilities and
intelligence support.
Sec. 1249. Feasibility briefing on cooperation between the National
Guard and Taiwan.
Sec. 1250. Feasibility report on establishing military-to-military
crisis communications capabilities.
Sec. 1251. Comparative analyses and reports on efforts by the United
States and the People's Republic of China to advance critical
modernization technology with respect to military
applications.
Sec. 1252. Sense of congress on defense alliances and partnerships in
the Indo-Pacific region.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
Sec. 1301. Sense of Congress on North Atlantic Treaty Organization
allies and partners.
Sec. 1302. Report on Armenia-Azerbaijan conflict.
Sec. 1303. Report on the state of United States military investment in
Europe, including the European Deterrence Initiative.
Subtitle B--United States-Greece Defense and Interparliamentary
Partnership Act of 2021
Sec. 1311. Sense of Congress.
Sec. 1312. Funding for the European Recapitalization Incentive Program.
Sec. 1313. Sense of Congress on loan program.
Sec. 1314. Sense of Congress on transfer of F-35 Joint Strike Fighter
aircraft to Greece.
Sec. 1315. IMET cooperation with Greece.
Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1
Interparliamentary Group.
Sec. 1317. Appropriate congressional committees.
Subtitle C--Security Cooperation and Assistance
Sec. 1321. Clarification of requirements for contributions by
participants in the American, British, Canadian, and
Australian Armies' Program.
Sec. 1322. Foreign Area Officer assessment and review.
Sec. 1323. Study on certain security cooperation programs.
Sec. 1324. Notification relating to overseas humanitarian, disaster, and
civic aid funds obligated in support of operation allies
welcome.
Subtitle D--Other Matters
Sec. 1331. Extension and modification of authority for certain payments
to redress injury and loss.
Sec. 1332. Secretary of Defense Strategic Competition Initiative.
Sec. 1333. Extension and modification of Department of Defense support
for stabilization activities in national security interest of
the United States.
Sec. 1334. Pilot program to support the implementation of the Women,
Peace, and Security act of 2017.
Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty
sensors.
Sec. 1336. Security assistance in Northern Triangle countries.
Sec. 1337. Report on human rights in Colombia.
Sec. 1338. Report on efforts by the People's Republic of China to expand
its presence and influence in Latin America and the Caribbean.
Sec. 1339. Extension of prohibition on in-flight refueling to non-United
States aircraft that engage in hostilities in the ongoing
civil war in Yemen.
Sec. 1340. Statement of policy and report on Yemen.
Sec. 1341. Limitation on support to military forces of the Kingdom of
Morocco for multilateral exercises.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--Other Matters
Sec. 1411. Acquisition of strategic and critical materials from the
national technology and industrial base.
Sec. 1412. Authorization to loan materials in National Defense
Stockpile.
Sec. 1413. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1414. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Related to Cyber Operations and Cyber Forces
Sec. 1501. Development of taxonomy of cyber capabilities.
Sec. 1502. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1503. Modification of the Principal Cyber Advisor.
Sec. 1504. Evaluation of Department of Defense cyber governance.
Sec. 1505. Operational technology and mission-relevant terrain in
cyberspace.
Sec. 1506. Matters concerning cyber personnel requirements.
Sec. 1507. Assignment of certain budget control responsibilities to
commander of United States Cyber Command.
Sec. 1508. Coordination between United States Cyber Command and private
sector.
Sec. 1509. Assessment of cyber posture and operational assumptions and
development of targeting strategies and supporting
capabilities.
Sec. 1510. Assessing capabilities to counter adversary use of
ransomware, capabilities, and infrastructure.
Sec. 1511. Comparative analysis of cybersecurity capabilities.
Sec. 1512. Eligibility of owners and operators of critical
infrastructure to receive certain Department of Defense
support and services.
Sec. 1513. Report on potential Department of Defense support and
assistance for increasing the awareness of the Cybersecurity
and Infrastructure Security Agency of cyber threats and
vulnerabilities affecting critical infrastructure.
Subtitle B--Matters Related to Department of Defense Cybersecurity and
Information Technology
Sec. 1521. Enterprise-wide procurement of cyber data products and
services.
Sec. 1522. Legacy information technologies and systems accountability.
Sec. 1523. Update relating to responsibilities of Chief Information
Officer.
Sec. 1524. Protective Domain Name System within the Department of
Defense.
Sec. 1525. Cybersecurity of weapon systems.
Sec. 1526. Assessment of controlled unclassified information program.
Sec. 1527. Cyber data management.
Sec. 1528. Zero trust strategy, principles, model architecture, and
implementation plans.
Sec. 1529. Demonstration program for automated security validation
tools.
Sec. 1530. Improvements to consortium of universities to advise
Secretary of Defense on cybersecurity matters.
Sec. 1531. Digital development infrastructure plan and working group.
Sec. 1532. Study regarding establishment within the Department of
Defense of a designated central program office to oversee
academic engagement programs relating to establishing cyber
talent across the Department.
Sec. 1533. Report on the Cybersecurity Maturity Model Certification
program.
Sec. 1534. Deadline for reports on assessment of cyber resiliency of
nuclear command and control system.
Subtitle C--Matters Related to Federal Cybersecurity
Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security
Agency to identify threats to industrial control systems.
Sec. 1542. Cybersecurity vulnerabilities.
Sec. 1543. Report on cybersecurity vulnerabilities.
Sec. 1544. Competition relating to cybersecurity vulnerabilities.
Sec. 1545. Strategy.
Sec. 1546. Cyber incident response plan.
Sec. 1547. National cyber exercise program.
Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure
Security Agency.
Sec. 1549. Strategic assessment relating to innovation of information
systems and cybersecurity threats.
Sec. 1550. Pilot program on public-private partnerships with internet
ecosystem companies to detect and disrupt adversary cyber
operations.
Sec. 1551. United States-Israel cybersecurity cooperation.
Sec. 1552. Authority for National Cyber Director to accept details on
nonreimbursable basis.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. National security space launch program.
Sec. 1602. Redesignation of Space Force Acquisition Council;
modifications relating to Assistant Secretary of the Air Force
for Space Acquisition and Integration.
Sec. 1603. Delegation of Authorities to Space Development Agency.
Sec. 1604. Extension and modification of Council on Oversight of the
Department of Defense Positioning, Navigation, and Timing
Enterprise.
Sec. 1605. Improvements to tactically responsive space launch program.
Sec. 1606. Clarification of domestic services and capabilities in
leveraging commercial satellite remote sensing.
Sec. 1607. Programs of record of Space Force and commercial
capabilities.
Sec. 1608. Extension and modification of certifications regarding
integrated tactical warning and attack assessment mission of
the Air Force.
Sec. 1609. Classification review of programs of the Space Force.
Sec. 1610. Report on Range of the Future initiative of the Space Force.
Sec. 1611. Space policy review.
Sec. 1612. Annual briefing on threats to space operations.
Sec. 1613. National Security Council briefing on potential harmful
interference to Global Positioning System.
Sec. 1614. Non-geostationary orbit satellite constellations.
Sec. 1615. Briefing on prototype program for multiglobal navigation
satellite system receiver development.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Notification of certain threats to United States Armed Forces
by foreign governments.
Sec. 1622. Strategy and plan to implement certain defense intelligence
reforms.
Sec. 1623. Annual briefing by Director of the Defense Intelligence
Agency on electronic warfare threat to operations of the
Department of Defense.
Sec. 1624. Report on explosive ordnance intelligence matters.
Subtitle C--Nuclear Forces
Sec. 1631. Participation in United States Strategic Command strategic
deterrence exercises.
Sec. 1632. Modification to requirements relating to nuclear force
reductions.
Sec. 1633. Modifications to requirements relating to unilateral changes
in nuclear weapons stockpile of the United States.
Sec. 1634. Deadline for reports on modification of force structure for
strategic nuclear weapons delivery systems.
Sec. 1635. Modification of deadline for notifications relating to
reduction, consolidation, or withdrawal of nuclear forces
based in Europe.
Sec. 1636. Procurement authority for certain parts of the ground-based
strategic deterrent cryptographic device.
Sec. 1637. Capability of B-21 bomber aircraft with long-range standoff
weapon.
Sec. 1638. Mission-design series popular name for ground-based strategic
deterrent.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Limitation on availability of certain funds until submission
of information relating to proposed budget for nuclear-armed
sea-launched cruise missile.
Sec. 1641. Limitation on availability of certain funds until submission
of information relating to nuclear-armed sea-launched cruise
missile.
Sec. 1642. Annual certification on readiness of Minuteman III
intercontinental ballistic missiles.
Sec. 1643. Revised nuclear posture review.
Sec. 1644. Review of safety, security, and reliability of nuclear
weapons and related systems.
Sec. 1645. Long-range standoff weapon.
Sec. 1646. Ground-based strategic deterrent development program
accountability matrices.
Sec. 1647. Information regarding review of Minuteman III service life
extension program or options for the future of the
intercontinental ballistic missile force.
Sec. 1648. Notification regarding intercontinental ballistic missiles of
China.
Sec. 1649. Independent review of nuclear command, control, and
communications system.
Sec. 1650. Review of engineering and manufacturing development contract
for ground-based strategic deterrent program.
Sec. 1651. Report on re-alerting long-range bombers.
Sec. 1652. Comptroller General study and updated report on nuclear
weapons capabilities and force structure requirements.
Sec. 1653. Briefing on consultations with United States allies regarding
Nuclear Posture Review.
Subtitle D--Missile Defense Programs
Sec. 1661. Notification of changes to non-standard acquisition and
requirements processes and responsibilities of Missile Defense
Agency.
Sec. 1662. Limitation on Missile Defense Agency production of satellites
and ground systems associated with operation of such
satellites.
Sec. 1663. Extension of period for transition of ballistic missile
defense programs to military departments.
Sec. 1664. Directed energy programs for ballistic and hypersonic missile
defense.
Sec. 1665. Guam integrated air and missile defense system.
Sec. 1666. Missile defense radar in Hawaii.
Sec. 1667. Certification required for Russia and China to tour certain
missile defense sites.
Sec. 1668. Next generation interceptors for missile defense of the
United States homeland.
Sec. 1669. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1670. Update of study on discrimination capabilities of the
ballistic missile defense system.
Sec. 1671. Semiannual updates on meetings held by the Missile Defense
Executive Board.
Sec. 1672. Matters regarding Integrated Deterrence Review.
Sec. 1673. Semiannual notifications regarding missile defense tests and
costs.
Sec. 1674. Report on senior leadership of Missile Defense Agency.
Sec. 1675. Independent study of roles and responsibilities of Department
of Defense components relating to missile defense.
Subtitle E--Other Matters
Sec. 1681. Cooperative threat reduction funds.
Sec. 1682. Modification to estimate of damages from Federal
Communications Commission Order 20-48.
Sec. 1683. Establishment of office, organizational structure, and
authorities to address unidentified aerial phenomena.
Sec. 1684. Determination on certain activities with unusually hazardous
risks.
Sec. 1685. Study by Public Interest Declassification Board relating to
certain tests in the Marshall Islands.
Sec. 1686. Protection of Major Range and Test Facility Base.
Sec. 1687. Congressional Commission on the Strategic Posture of the
United States.
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to
title XVIII of the Fiscal Year 2021 NDAA.
Sec. 1702. Conforming cross reference technical amendments related to
the transfer and reorganization of defense acquisition
statutes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents, and similar tabular
entries.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017
project.
Sec. 2105. Additional authority to carry out fiscal year 2018 project at
Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2107. Additional authorized funding source for certain fiscal year
2022 project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
projects.
Sec. 2305. Modification of authority to carry out military construction
projects at Tyndall Air Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension and modification of authority to carry out certain
fiscal years 2017 and 2019 projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical
Depot and Chemical Agent-Destruction Pilot Plant, Colorado.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Public availability of information on Facilities Sustainment,
Restoration, and Modernization projects.
Sec. 2802. Limitations on authorized cost and scope of work variations.
Sec. 2803. Department of Defense stormwater management projects for
military installations and defense access roads.
Sec. 2804. Use of amounts available for operation and maintenance in
carrying out military construction projects for energy
resilience, energy security, or energy conservation.
Sec. 2805. Flood risk management for military construction.
Sec. 2806. Modification and extension of temporary, limited authority to
use operation and maintenance funds for construction projects
in certain areas outside the United States.
Subtitle B--Continuation of Military Housing Reforms
Sec. 2811. Modification of calculation of military housing contractor
pay for privatized military housing.
Sec. 2812. Applicability of window fall prevention requirements to all
military family housing whether privatized or Government-owned
and Government-controlled.
Sec. 2813. Applicability of disability laws to privatized military
housing units and clarification of prohibition against
collection from tenants of amounts in addition to rent.
Sec. 2814. Required investments in improving military unaccompanied
housing.
Sec. 2815. Improvement of security of lodging and living spaces on
military installations.
Sec. 2816. Improvement of Department of Defense child development
centers and increased availability of child care for children
of military personnel.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Secretary of the Navy authority to support development and
operation of National Museum of the United States Navy.
Sec. 2822. Expansion of Secretary of the Navy authority to lease and
license United States Navy museum facilities to generate
revenue to support museum administration and operations.
Subtitle D--Military Facilities Master Plan Requirements
Sec. 2831. Cooperation with State and local governments in development
of master plans for major military installations.
Sec. 2832. Additional changes to requirements regarding master plans for
major military installations.
Sec. 2833. Prompt completion of military installation resilience
component of master plans for at-risk major military
installations.
Sec. 2834. Master plans and investment strategies for Army ammunition
plants guiding future infrastructure, facility, and production
equipment improvements.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion
of private nursing and lactation space in certain military
construction projects.
Sec. 2842. Revisions to Unified Facilities Criteria regarding use of
variable refrigerant flow systems.
Sec. 2843. Amendment of Unified Facilities Criteria to promote energy
efficient military installations.
Sec. 2844. Additional Department of Defense activities to improve energy
resiliency of military installations.
Subtitle F--Land Conveyances
Sec. 2851. Modification of restrictions on use of former Navy property
conveyed to University of California, San Diego, California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Department of Defense excess property, St.
Louis, Missouri.
Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to City of Virginia Beach, Virginia.
Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to School Board of City of Virginia Beach, Virginia.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of sustainable building
materials in military construction.
Sec. 2862. Pilot program on establishment of account for reimbursement
for use of testing facilities at installations of the
Department of the Air Force.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services
provided by Naval Facilities Engineering Systems Command
Pacific.
Sec. 2872. Annual congressional briefing on renewal of Department of
Defense easements and leases of land in Hawai`i.
Sec. 2873. Hawai`i Military Land Use Master Plan.
Subtitle I--One-Time Reports and Other Matters
Sec. 2881. Clarification of installation and maintenance requirements
regarding fire extinguishers in Department of Defense
facilities.
Sec. 2882. GAO review and report of military construction contracting at
military installations inside the United States.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Improvements to cost estimates informing analyses of
alternatives.
Sec. 3113. University-based defense nuclear policy collaboration
program.
Sec. 3114. Defense environmental cleanup programs.
Sec. 3115. Modification of requirements for certain construction
projects.
Sec. 3116. Updates to infrastructure modernization initiative.
Sec. 3117. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3118. Extension of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at vulnerable
sites worldwide.
Sec. 3119. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Portfolio management framework for National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modifications to certain reporting requirements.
Sec. 3132. Modification to terminology for reports on financial balances
for atomic energy defense activities.
Sec. 3133. Improvements to annual reports on condition of the United
States nuclear weapons stockpile.
Sec. 3134. Report on plant-directed research and development.
Sec. 3135. Reports on risks to and gaps in industrial base for nuclear
weapons components, subsystems, and materials.
Sec. 3136. Transfer of building located at 4170 Allium Court,
Springfield, Ohio.
Sec. 3137. Comprehensive strategy for treating, storing, and disposing
of defense nuclear waste resulting from stockpile maintenance
and modernization activities.
Sec. 3138. Acquisition of high-performance computing capabilities by
National Nuclear Security Administration.
Sec. 3139. Study on the W80-4 nuclear warhead life extension program.
Sec. 3140. Study on Runit Dome and related hazards.
Sec. 3141. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. References to Chairperson and Vice Chairperson of Defense
Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME SECURITY
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Subtitle B--Other Matters
Sec. 3511. Effective period for issuance of documentation for
recreational vessels.
Sec. 3512. Committees on maritime matters.
Sec. 3513. Port Infrastructure Development Program.
Sec. 3514. Uses of emerging marine technologies and practices.
Sec. 3515. Prohibition on participation of long term charters in Tanker
Security Fleet.
Sec. 3516. Coastwise endorsement.
Sec. 3517. Report on efforts of combatant commands to combat threats
posed by illegal, unreported, and unregulated fishing.
Sec. 3518. Authorization to purchase duplicate medals.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 5101. Sense of Congress on importance of Department of State's
work.
Sec. 5102. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 5104. Office of International Disability Rights.
Sec. 5105. Special appointment authority.
Sec. 5106. Repeal of authority for Special Representative and Policy
Coordinator for Burma.
Sec. 5107. Anti-piracy information sharing.
Sec. 5108. Importance of foreign affairs training to national security.
Sec. 5109. Classification and assignment of Foreign Service officers.
Sec. 5110. Reporting on implementation of GAO recommendations.
Sec. 5111. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and detention of U.S.-flag
fishing vessels by foreign governments.
Sec. 5112. Art in embassies.
Sec. 5113. International fairs and expositions.
Sec. 5114. Amendment or repeal of reporting requirements.
TITLE LII--EMBASSY CONSTRUCTION
Sec. 5201. Embassy security, construction, and maintenance.
Sec. 5202. Standard design in capital construction.
Sec. 5203. Capital construction transparency.
Sec. 5204. Contractor performance information.
Sec. 5205. Growth projections for new embassies and consulates.
Sec. 5206. Long-range planning process.
Sec. 5207. Value engineering and risk assessment.
Sec. 5208. Business volume.
Sec. 5209. Embassy security requests and deficiencies.
Sec. 5210. Overseas security briefings.
Sec. 5211. Contracting methods in capital construction.
Sec. 5212. Competition in embassy construction.
Sec. 5213. Statement of policy.
Sec. 5214. Definitions.
TITLE LIII--PERSONNEL ISSUES
Sec. 5301. Defense Base Act insurance waivers.
Sec. 5302. Study on Foreign Service allowances.
Sec. 5303. Science and technology fellowships.
Sec. 5304. Travel for separated families.
Sec. 5305. Home leave travel for separated families.
Sec. 5306. Sense of Congress regarding certain fellowship programs.
Sec. 5307. Technical correction.
Sec. 5308. Foreign Service awards.
Sec. 5309. Workforce actions.
Sec. 5310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 5311. Employee assignment restrictions and preclusions.
Sec. 5312. Recall and reemployment of career members.
Sec. 5313. Strategic staffing plan for the Department of State.
Sec. 5314. Consulting services.
Sec. 5315. Incentives for critical posts.
Sec. 5316. Extension of authority for certain accountability review
boards.
Sec. 5317. Foreign Service suspension without pay.
Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 5319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 5320. Appointment of employees to the Global Engagement Center.
Sec. 5321. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 5322. Report relating to Foreign Service Officer training and
development.
Sec. 5323. Cooperation with Office of the Inspector General.
Sec. 5324. Information on educational opportunities for children with
special education needs consistent with the Individuals with
Disabilities Education Act.
Sec. 5325. Implementation of gap memorandum in selection board process.
TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 5401. Definitions.
Sec. 5402. Exit interviews for workforce.
Sec. 5403. Recruitment and retention.
Sec. 5404. Leadership engagement and accountability.
Sec. 5405. Professional development opportunities and tools.
Sec. 5406. Examination and oral assessment for the Foreign Service.
Sec. 5407. Payne fellowship authorization.
Sec. 5408. Voluntary participation.
TITLE LV--INFORMATION SECURITY
Sec. 5501. Definitions.
Sec. 5502. List of certain telecommunications providers.
Sec. 5503. Preserving records of electronic communications.
Sec. 5504. Foreign Relations of the United States (FRUS) series and
declassification.
TITLE LVI--PUBLIC DIPLOMACY
Sec. 5601. Short title.
Sec. 5602. Avoiding duplication of programs and efforts.
Sec. 5603. Improving research and evaluation of public diplomacy.
Sec. 5604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 5605. Streamlining of support functions.
Sec. 5606. Guidance for closure of public diplomacy facilities.
Sec. 5607. Definitions.
TITLE LVII--OTHER MATTERS
Sec. 5701. Limitation on assistance to countries in default.
Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 5703. Chief of mission concurrence.
Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force.
DIVISION F--OTHER NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LXI--FINANCIAL SERVICES MATTERS
Sec. 6101. FinCEN Exchange.
Sec. 6102. Adverse information in cases of trafficking.
Sec. 6103. Support to enhance the capacity of International Monetary
Fund members to evaluate the legal and financial terms of
sovereign debt contracts.
Sec. 6104. United States policy on Burma at the International Monetary
Fund, the World Bank Group, and the Asian Development Bank.
Sec. 6105. United States policy regarding international financial
institution assistance with respect to advanced wireless
technologies.
Sec. 6106. Illicit finance improvements.
Sec. 6107. Briefing on delegation of examination authority under the
Bank Secrecy Act.
TITLE LXII--FOREIGN SERVICE FAMILIES ACT OF 2021
Sec. 6201. Short title.
Sec. 6202. Telecommuting opportunities.
Sec. 6203. Employment and education programs for eligible family members
of members of the Foreign Service.
Sec. 6204. Briefing on Foreign Service family reserve corps.
Sec. 6205. Treatment of family members seeking positions customarily
filled by Foreign Service officers or foreign national
employees.
Sec. 6206. In-State tuition rates for members of qualifying Federal
service.
Sec. 6207. Termination of residential or motor vehicle leases and
telephone service contracts for certain members of the Foreign
Service.
TITLE LXIII--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
Sec. 6301. Short title.
Sec. 6302. Clarifying amendments to definitions.
Sec. 6303. Barry Goldwater Scholarship and Excellence in Education
Awards.
Sec. 6304. Stipends.
Sec. 6305. Scholarship and research internship conditions.
Sec. 6306. Sustainable investments of funds.
Sec. 6307. Administrative provisions.
TITLE LXIV--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
Sec. 6401. Employee engagement steering committee and action plan.
Sec. 6402. Annual employee award program.
Sec. 6403. Chief Human Capital Officer responsibilities.
Sec. 6404. Independent investigation and implementation plan.
Sec. 6405. Authorization of the acquisition professional career program.
Sec. 6406. National urban security technology laboratory.
Sec. 6407. Department of Homeland Security Blue Campaign enhancement.
Sec. 6408. Medical countermeasures program.
Sec. 6409. Critical domain research and development.
Sec. 6410. CBP Donations Acceptance Program Reauthorization.
Subtitle B--Transportation Security
Sec. 6411. Survey of the Transportation Security Administration
workforce regarding COVID-19 response.
Sec. 6412. Transportation Security Preparedness Plan.
Sec. 6413. Authorization of Transportation Security Administration
personnel details.
Sec. 6414. Transportation Security Administration preparedness.
Sec. 6415. Plan to reduce the spread of coronavirus at passenger
screening checkpoints.
Sec. 6416. Comptroller General review of Department of Homeland Security
trusted traveler programs.
Sec. 6417. Enrollment redress with respect to Department of Homeland
Security trusted traveler programs.
Sec. 6418. Threat information sharing.
Sec. 6419. Local law enforcement security training.
Sec. 6420. Allowable uses of funds for public transportation security
assistance grants.
Sec. 6421. Periods of performance for public transportation security
assistance grants.
Sec. 6422. GAO review of public transportation security assistance grant
program.
Sec. 6423. Sensitive security information; aviation security.
TITLE LXV--OTHER MATTERS RELATING TO FOREIGN AFFAIRS
Sec. 6501. Authorization for United States Participation in the
Coalition for Epidemic Preparedness Innovations.
Sec. 6502. Required notification and reports related to Peacekeeping
Operations account.
Sec. 6503. Transnational Repression Accountability and Prevention.
Sec. 6504. Human rights awareness for American athletic delegations.
Sec. 6505. Cooperation between the United States and Ukraine regarding
the titanium industry.
Sec. 6506. Updates to the National Strategy for Combating Terrorist and
Other Illicit Financing.
Sec. 6507. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6508. Annual report on United States policy toward South Sudan.
Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6510. Supporting democracy in Burma.
Sec. 6511. United States Grand Strategy with respect to China.
TITLE LXVI--OTHER MATTERS
Sec. 6601. Eligibility of certain individuals who served with special
guerrilla units or irregular forces in Laos for interment in
national cemeteries.
Sec. 6602. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt and
Syria.
Sec. 6603. Anomalous health incidents interagency coordinator.
Sec. 6604. Chief Human Capital Officers Council annual report.
Sec. 6605. National Global War on Terrorism Memorial.
Sec. 6606. Establishment of Subcommittee on the Economic and Security
Implications of Quantum Information Science.
Sec. 6607. Study and report on the redistribution of COVID-19 vaccine
doses that would otherwise expire to foreign countries and
economies.
Sec. 6608. Catawba Indian Nation lands.
Sec. 6609. Property disposition for affordable housing.
Sec. 6610. Blocking deadly fentanyl imports.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 8, 2021, by
the Chairman of the Committee on Armed Services of the House of
Representatives and the Chairman of the Committee on Armed Services of
the Senate, shall have the same effect with respect to the
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modification of deployment by the Army of interim cruise
missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the
Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for
the next generation squad weapon.
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh
Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for
the procurement of Flight III Arleigh Burke class destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier
air wings.
Sec. 127. Report on material readiness of Virginia class submarines of
the Navy.
Subtitle D--Air Force Programs
Sec. 131. Extension of inventory requirement for Air Force fighter
aircraft.
Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on
bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain air
refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical
airlift aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Implementation of affordability, operational, and sustainment
cost constraints for the F-35 aircraft program.
Sec. 142. Transfer of F-35 program responsibilities from the F-35 Joint
Program Office to the Department of the Air Force and the
Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of
aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. Reports on exercise of waiver authority with respect to
certain aircraft ejection seats.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. MODIFICATION OF DEPLOYMENT BY THE ARMY OF INTERIM CRUISE
MISSILE DEFENSE CAPABILITY.
Section 112(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1660), as
amended by section 111(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
further amended--
(1) in paragraph (1), by striking ``shall deploy the capability
as follows:'' and all that follows through the period at the end
and inserting ``shall deploy two batteries of the capability by not
later than September 30, 2020.'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``deadlines'' and
inserting ``deadline'';
(B) in the matter preceding subparagraph (A), by striking
``deadlines'' and inserting ``deadline'';
(C) in subparagraph (F), by adding ``and'' at the end;
(D) by striking subparagraph (G); and
(E) by redesignating subparagraph (H) as subparagraph (G);
and
(3) in paragraph (4), by striking ``deadlines specified in
paragraph (1):'' and all that follows through the period at the end
and inserting ``deadline specified in paragraph (1) if the
Secretary determines that sufficient funds have not been
appropriated to enable the Secretary to meet such deadline.''.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2022 program year, for the procurement of AH-64E Apache helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2022 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M AND HH-60M
BLACK HAWK HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2022 program year, for the procurement of UH-60M and HH-60M Black Hawk
helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2022 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 114. CONTINUATION OF SOLDIER ENHANCEMENT PROGRAM.
(a) Requirement to Continue Program.--The Secretary of the Army,
acting through the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology in accordance with subsection (b), shall
continue to carry out the Soldier Enhancement Program established
pursuant to section 203 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Sat. 1394).
(b) Responsible Official.--The Secretary of the Army shall
designate the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology as the official in the Department of the Army
with principal responsibility for the management of the Soldier
Enhancement Program under subsection (a).
(c) Duties.--The duties of the Soldier Enhancement Program shall
include the identification, research, development, test, and evaluation
of commercially available off-the-shelf items (as defined in section
104 of title 41, United States Code) and software applications to
accelerate the efforts of the Army to integrate, modernize, and enhance
weapons and equipment for use by Army soldiers, including--
(1) lighter, more lethal weapons; and
(2) support equipment, including lighter, more comfortable
load-bearing equipment, field gear, combat clothing, survivability
items, communications equipment, navigational aids, night vision
devices, tactical power, sensors, and lasers.
SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON THE
INTEGRATED VISUAL AUGMENTATION SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Army for
procurement for the Integrated Visual Augmentation System, not more
than 75 percent may be obligated or expended until the date on which
the Secretary of the Army submits to the congressional defense
committees the report required under subsection (b).
(b) Report Required.--
(1) In general.--Not later than the date specified in paragraph
(3), the Secretary of the Army shall submit to the congressional
defense committees a report on the Integrated Visual Augmentation
System of the Army.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A certification from the Secretary of the Army that the
Integrated Visual Augmentation System is sufficiently reliable
to meet operational needs for mean time between failure to
support planned operational mission profiles.
(B) A certification from the Secretary of the Army that the
tactical network is sufficiently suitable and reliable to
support the operational employment of the System, including the
System's ability to integrate into command networks.
(C)(i) A certification from the Secretary of the Army that
the duration of the System's battery power is suitable and
reliable enough to meet planned operational mission
requirements.
(ii) A plan to ensure the battery management of the System
meets such requirements.
(D) A plan to enable the System to display position
location and identification information for adjacent units,
non-System-equipped platforms, and soldiers.
(E) A plan, including critical milestones, to achieve
certified three-dimensional geospatial data within the System
for dynamic and precision targeting.
(F) A basis-of-issue plan based on lessons from the
developmental and operational testing of the System.
(G) A plan for iterative improvements to sensors, software,
and form factor throughout production and procurement of the
System.
(H) Any other matters that the Secretary considers relevant
to the full understanding of the status of and plan for the
System.
(3) Date specified.--The date specified in this paragraph is a
date selected by the Secretary of the Army that is not later than
60 days after the date on which initial operational testing of the
Integrated Visual Augmentation System of the Army has been
completed.
(c) Assessment Required.--Not later than 60 days after the date on
which the Secretary of the Army submits the report required under
subsection (b), the Director of Operational Test and Evaluation shall
submit to the congressional defense committees an assessment of the
validity, reliability, and objectivity of the report with respect to
each element described in subsection (b)(2).
SEC. 116. STRATEGY AND AUTHORITY FOR THE PROCUREMENT OF COMPONENTS
FOR THE NEXT GENERATION SQUAD WEAPON.
(a) Strategy Required.--The Secretary of the Army shall develop and
implement a competitive procurement strategy to identify, test,
qualify, and procure components and accessories for the next generation
squad weapon of the Army, including magazines, that are capable of
improving the performance of such weapon, with an emphasis on the
procurement of--
(1) commercially available off-the-shelf items;
(2) nondevelopmental items; and
(3) components and accessories previously developed by the Army
that may be used for such weapon.
(b) Market Survey.--Upon receipt of the initial operational test
and evaluation report for the next generation squad weapon, the
Secretary of the Army shall initiate a market survey to identify
components and accessories for the weapon that meet the criteria
described in subsection (a).
(c) Authorization.--After completing the market survey under
subsection (b), the Secretary of the Army may enter into one or more
contracts for the procurement of components and accessories for the
next generation squad weapon that meet the criteria described in
subsection (a).
(d) Information to Congress.--Not later than one year after
receiving the initial operational test and evaluation report for the
next generation squad weapon, the Secretary of the Army shall submit to
the congressional defense committees a report that includes--
(1) the competitive acquisition strategy developed under
subsection (a), including timelines for the fielding of components
and accessories for such weapon that--
(A) are commercially available off-the-shelf items or
nondevelopmental items; and
(B) are capable of improving the performance of such
weapon;
(2) an assessment of the mean rounds between stoppage and mean
rounds between failure of the next generation squad weapon,
including a comparison of--
(A) the mean rounds between stoppage and mean rounds
between failure of such weapon; and
(B) the mean rounds between stoppage and mean rounds
between failure of currently fielded weapons;
(3) an explanation of whether any items identified in the
market survey conducted under subsection (b) demonstrate the
ability to increase the mean rounds between stoppage or the mean
rounds between failure of the next generation squad weapon; and
(4) a plan to increase the mean rounds between stoppage and
mean rounds between failure of the next generation squad weapon.
(e) Definitions.--In this section:
(1) The term ``commercially available off-the-shelf items'' has
the meaning given that term in section 104 of title 41, United
States Code.
(2) The term ``nondevelopmental items'' has the meaning given
that term in section 110 of title 41, United States Code.
Subtitle C--Navy Programs
SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
Section 124(a)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended by striking ``fiscal year 2021'' and inserting ``fiscal years
2021 and 2022''.
SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as most
recently amended by section 127 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is further amended by striking ``for fiscal years 2019, 2020,
or 2021'' and inserting ``for fiscal years 2019, 2020, 2021, or 2022''.
SEC. 123. EXTENSION OF REPORT ON LITTORAL COMBAT SHIP MISSION
PACKAGES.
Section 123(a)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2030) is amended by
striking ``fiscal year 2022'' and inserting ``fiscal year 2027''.
SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO ARLEIGH
BURKE CLASS DESTROYERS.
(a) In General.--The Secretary of the Navy shall ensure that an
advanced degaussing system is incorporated into any Arleigh Burke class
destroyer procured in fiscal year 2025 or any subsequent fiscal year
pursuant to a covered contract.
(b) Covered Contract Defined.--In this section, the term ``covered
contract'' means an annual or multiyear contract for the procurement of
an Arleigh Burke class destroyer that is entered into by the Secretary
of the Navy on or after the date of the enactment of this Act.
SEC. 125. REPORT ON THE POTENTIAL BENEFITS OF A MULTIYEAR CONTRACT
FOR THE PROCUREMENT OF FLIGHT III ARLEIGH BURKE CLASS DESTROYERS.
(a) In General.--Not later than March 1, 2022, the Secretary of the
Navy shall submit to the congressional defense committees a report on
the potential benefits of a multiyear contract for the period of fiscal
years 2023 through 2027 for the procurement of Flight III Arleigh Burke
class destroyers in the quantities specified in subsection (c).
(b) Elements.--The report required by subsection (a) shall include
preliminary findings, and the basis for such findings, of the Secretary
with respect to whether--
(1) the use of a contract described in such subsection could
result in significant savings compared to the total anticipated
costs of carrying out the program through annual contracts;
(2) the minimum need for the destroyers described in such
subsection to be purchased is expected to remain substantially
unchanged during the contemplated contract period in terms of
production rate, procurement rate, and total quantities;
(3) there is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will request
funding for the contract at the level required to avoid contract
cancellation;
(4) there is a stable design for the destroyers to be acquired
and that the technical risks associated with such property are not
excessive;
(5) the estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a multiyear contract
are realistic;
(6) the use of such a contract will promote the national
security of the United States; and
(7) a decision not to use such a contract will affect the
industrial base and, if so, the nature of such effects.
(c) Evaluation by Quantity.--The report required by subsection (a)
shall evaluate the potential of procuring each of the following
quantities of Flight III Arleigh Burke-class destroyers over the period
described in such subsection:
(1) 10.
(2) 12.
(3) 15.
(4) Any other quantities the Secretary of the Navy considers
appropriate.
SEC. 126. ACQUISITION, MODERNIZATION, AND SUSTAINMENT PLAN FOR
CARRIER AIR WINGS.
(a) Plan Required.--Not later than April 1, 2022, the Secretary of
the Navy shall submit to the congressional defense committees a 15-year
acquisition, modernization, and sustainment plan for the carrier air
wings of the Navy.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1)(A) An assessment of whether and to what extent the
capabilities, capacity, and composition of the carrier air wings in
existence as of the date of plan meet the requirements of the
National Defense Strategy; and
(B) a plan to address any known shortfalls of such carrier
wings, including shortfalls with respect to aerial refueling
aircraft capacity and strike-fighter combat radius.
(2) An operational risk assessment and risk mitigation plan
regarding the nine carrier air wings that, as of the date of the
plan, support combatant commander steady-state peacetime and
potential major contingency requirements.
(3) An explanation of when the Secretary of the Navy will field
a minimum of 10 carrier air wings in accordance with section
8062(e) of title 10, United States Code.
(4) An identification and explanation of the role of autonomous
and remotely-piloted aircraft, including the MQ-25 aircraft, and
other potential capabilities and platforms planned to be fielded in
future carrier air wings.
(5) A detailed deck and hangar space plan that supports
realistic peacetime steady-state or contingency surge level fixed-
wing aircraft and rotorcraft preparation activities, flight
operations, and onboard unit-level maintenance, repair, and
sustainment activities for future carrier air wings.
(6) An appropriate modernization plan to maximize operational
use of platforms in existence as of the date of the plan,
particularly the EA-18G aircraft and the E-2D aircraft, by
leveraging available technologies such as Next Generation Jammer.
(7) An identification of the logistics supply chain support and
modernization plan required during peacetime steady-state and
contingency operations for future carrier air wings, particularly
as it relates to implementing the organic C-130 and C-40 logistics
tethering strategy.
(8) A detailed explanation for the Secretary of the Navy's
decision to modify carrier air wing composition to one squadron of
14 F-35C aircraft instead of the originally planned two squadrons
of 10 F-35C aircraft.
SEC. 127. REPORT ON MATERIAL READINESS OF VIRGINIA CLASS SUBMARINES
OF THE NAVY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the material readiness of
the Virginia class submarines.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the number of components and parts that
have required replacement prior to the end of their estimated
useful life or scheduled replacement timeline, including efforts to
increase the reliability of ``life of ship'' components.
(2) An assessment of the extent to which part and material
shortages have impacted deployment and maintenance availability
schedules, including an estimate of the number of active part
cannibalizations or other actions taken to mitigate those impacts.
(3) An identification of the planned lead time to obtain key
material for Virginia class submarines from shipbuilders and
vendors.
(4) An identification of the actual lead time to obtain such
material from shipbuilders and vendors.
(5) An identification of the cost increases of key components
and parts for new construction and maintenance availabilities above
planned material costs.
(6) An assessment of potential courses of action to improve the
material readiness of the Virginia class submarines, including
efforts to align new construction shipyards with maintenance
shipyards and Naval Sea Systems Command to increase predictability
of materials and purchasing power.
(7) Such recommendations as the Secretary may have for
legislative changes, authorities, realignments, and administrative
actions, including reforms of the Federal Acquisition Regulation,
to improve the material readiness of the Virginia class submarines.
(8) Such other elements as the Secretary considers appropriate.
Subtitle D--Air Force Programs
SEC. 131. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER
AIRCRAFT.
(a) Extension of Inventory Requirement.--Section 9062(i)(1) of
title 10, United States Code, is amended by striking ``October 1,
2022'' and inserting ``October 1, 2026''.
(b) Reports on Retirement of Air Force Fighter Aircraft.--Section
131 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Report on Retirement of Aircraft.--
``(1) In general.--Beginning with fiscal year 2023, for any
fiscal year in which the Secretary of the Air Force expects the
total aircraft inventory of fighter aircraft of the Air Force or
the total primary mission aircraft inventory of fighter aircraft of
the Air Force to decrease below the levels specified in section
9062(i)(1) of title 10, United States Code, the Secretary of the
Air Force shall submit to the congressional defense committees a
report setting forth the following:
``(A) A detailed rationale for the retirement of existing
fighter aircraft and a detailed operational analysis of the
portfolio of capabilities of the Air Force that demonstrates
performance of the designated mission at an equal or greater
level of effectiveness as the retiring aircraft.
``(B) An assessment of the implications for the Air Force,
the Air National Guard, and the Air Force Reserve of the force
mix ratio of fighter aircraft and how existing aircraft
inventory levels and unit personnel levels for the active and
reserve components are proposed to change during the fiscal
year in which fighter aircraft will be retired.
``(C) A detailed assessment of the current operational risk
and the operational risk that will be incurred for meeting--
``(i) the requirements of the National Defense Strategy
and combatant commanders; and
``(ii) operational plans for major contingency
operations and steady-state or rotational operations.
``(D) Such other matters relating to the retirement of
fighter aircraft as the Secretary considers appropriate.
``(2) Timing of report.--Each report required under paragraph
(1) shall be included in the materials submitted in support of the
budget of the President (as submitted to Congress under section
1105(a) of title 31, United States Code) for the fiscal year in
which applicable decrease in fighter aircraft inventory levels is
expected to occur.'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
SEC. 132. CONTRACT FOR LOGISTICS SUPPORT FOR VC-25B AIRCRAFT.
Section 143 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1668) is
amended--
(1) in paragraph (1), by striking ``, unless otherwise approved
in accordance with established procedures''; and
(2) in paragraph (2), by inserting ``such'' before ``logistics
support contract''.
SEC. 133. PROHIBITION ON CERTAIN REDUCTIONS TO B-1 BOMBER AIRCRAFT
SQUADRONS.
(a) Prohibition.--During the covered period, the Secretary of the
Air Force may not--
(1) modify the designed operational capability statement for
any B-1 bomber aircraft squadron, as in effect on the date of the
enactment of this Act, in a manner that would reduce the
capabilities of such a squadron below the levels specified in such
statement as in effect on such date; or
(2) reduce, below the levels in effect on such date of
enactment, the number of personnel assigned to units responsible
for the operation and maintenance of B-1 aircraft if such reduction
would affect the ability of such units to meet the capability
described in paragraph (1).
(b) Exception.--The prohibition under subsection (a) shall not
apply to an individual unit for which the Secretary of the Air Force
has commenced the process of replacing B-1 bomber aircraft with B-21
bomber aircraft.
(c) Definitions.--In this section:
(1) The term ``covered period'' means the period beginning on
the date of the enactment of this Act and ending on September 30,
2023.
(2) The term ``designed operational capability statement'' has
the meaning given that term in Air Force Instruction 10-201.
SEC. 134. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10
AIRCRAFT.
(a) Prohibition.--Notwithstanding sections 134 and 135 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2037), and except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act for fiscal
year 2022 for the Air Force may be obligated to retire, prepare to
retire, or place in storage or on backup aircraft inventory status any
A-10 aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall not
apply to an individual A-10 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer mission
capable because of a Class A mishap.
(2) Certification required.--If the Secretary determines under
paragraph (1) that an aircraft is no longer mission capable, the
Secretary shall submit to the congressional defense committees a
certification that the status of such aircraft is due to a Class A
mishap and not due to lack of maintenance or repairs or other
reasons.
(3) Certification additional.--Any certification submitted
under paragraph (2) shall be in addition to the notification and
certification required by section 135(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2039).
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52
COMMERCIAL ENGINE REPLACEMENT PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the research
and development, design, procurement, or advanced procurement of
materials for the B-52 Commercial Engine Replacement Program, not more
than 75 percent may be obligated or expended until the date on which
the Secretary of Defense submits to the congressional defense
committees the report described in section 2432 of title 10, United
States Code, for the most recently concluded fiscal quarter for the B-
52 Commercial Engine Replacement Program in accordance with subsection
(b)(1).
(b) Additional Requirements.--
(1) Treatment of baseline estimate.--The Secretary of Defense
shall deem the Baseline Estimate for the B-52 Commercial Engine
Replacement Program for fiscal year 2020 as the original Baseline
Estimate for the Program.
(2) Unit cost reports and critical cost growth.--
(A) Subject to subparagraph (B), the Secretary shall carry
out sections 2433 and 2433a of title 10, United States Code,
with respect to the B-52 Commercial Engine Replacement Program,
as if the Department had submitted a Selected Acquisition
Report for the Program that included the Baseline Estimate for
the Program for fiscal year 2020 as the original Baseline
Estimate, except that the Secretary shall not carry out
subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of
such title with respect to the Program.
(B) In carrying out the review required by section 2433a of
such title, the Secretary shall not enter into a transaction
under section 2371 or 2371b of such title, exercise an option
under such a transaction, or otherwise extend such a
transaction with respect to the B-52 Commercial Engine
Replacement Program except to the extent determined necessary
by the milestone decision authority, on a non-delegable basis,
to ensure that the program can be restructured as intended by
the Secretary without unnecessarily wasting resources.
(c) Definitions.--In this section:
(1) The term ``Baseline Estimate'' has the meaning given the
term in section 2433(a)(2) of title 10, United States Code.
(2) The term ``milestone decision authority'' has the meaning
given the term in section 2366b(g)(3) of title 10, United States
Code.
(3) The term ``original Baseline Estimate'' has the meaning
given the term in section 2435(d)(1) of title 10, United States
Code.
(4) The term ``Selected Acquisition Report'' means a Selected
Acquisition Report submitted to Congress under section 2432 of
title 10, United States Code.
SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS PENDING INFORMATION
ON BRIDGE TANKER AIRCRAFT.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Office of
the Secretary of the Air Force for travel expenses, not more than
thirty-five percent may be obligated or expended until--
(1) the Vice Chairman of the Joint Chiefs of Staff submits to
the congressional defense committees a report outlining the
requirements for the bridge tanker aircraft; and
(2) the Secretary of the Air Force submits to the congressional
defense committees--
(A) a report detailing the acquisition strategy for the
bridge tanker aircraft;
(B) a certification identifying the amount of funds
required for the acquisition of the bridge tanker aircraft; and
(C) a plan for the development of the advanced aerial
refueling tanker aircraft (commonly referred to as the ``KC-
Z'').
(b) Bridge Tanker Aircraft Defined.--In this section, the term
``bridge tanker aircraft'' means the follow-on tanker aircraft
(commonly referred to as the ``KC-Y'').
SEC. 137. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING TO
CERTAIN AIR REFUELING TANKER AIRCRAFT.
(a) Repeal of Minimum Inventory Requirements for KC-10A Aircraft.--
Section 135 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) through (f) as subsections
(b) through (e), respectively;
(3) in subsection (b), as so redesignated, by striking
``subsection (e)'' and inserting ``subsection (d)''; and
(4) by amending subsection (d), as so redesignated, to read as
follows:
``(d) Exceptions.--The requirement in subsection (b) shall not
apply to an aircraft otherwise required to be maintained by that
subsection if the Secretary of the Air Force--
``(1) at any time during the period beginning on the date of
the enactment of this Act and ending on October 1, 2023,
determines, on a case-by-case basis, that such aircraft is no
longer mission capable due to mishap or other damage, or being
uneconomical to repair; or
``(2) during fiscal year 2023, certifies in writing to the
congressional defense committees, not later than 30 days before the
date of divestment of such aircraft, that the Air Force can meet
combatant command tanker aircraft requirements by leveraging Air
National Guard and Air Force Reserve capacity with increased
Military Personnel Appropriation (MPA) Man-day Tours to the reserve
force.''.
(b) Limitation on Retirement of KC-135 Aircraft.--
(1) Limitation.--Notwithstanding section 135 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) and except as provided in paragraph (2),
the Secretary of the Air Force may not retire more than 18 KC-135
aircraft during the period beginning on the date of the enactment
of this Act and ending on October 1, 2023.
(2) Exception.--The limitation in paragraph (1) shall not apply
to individual KC-135 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission
capable because of mishaps, other damage, or being uneconomical to
repair.
(c) Prohibition on Reduction of KC-135 Aircraft in PMAI of the
Reserve Components.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for the Air
Force may be obligated or expended to reduce the number of KC-135
aircraft designated as primary mission aircraft inventory within the
reserve components of the Air Force.
(d) Primary Mission Aircraft Inventory Defined.--In this section,
the term ``primary mission aircraft inventory'' has the meaning given
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 138. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.
(a) Minimum Inventory Requirement.--During the covered period, the
Secretary of the Air Force shall maintain a total inventory of tactical
airlift aircraft of not less than 279 aircraft.
(b) Exception.--The Secretary of the Air Force may reduce the
number of tactical airlift aircraft in the Air Force below the minimum
number specified in subsection (a) if the Secretary determines, on a
case-by-case basis, that an aircraft is no longer mission capable
because of a mishap or other damage.
(c) Covered Period Defined.--In this section, the term ``covered
period'' means the period--
(1) beginning on October 1, 2021; and
(2) ending on the later of--
(A) October 1, 2022; or
(B) the date of the enactment of the next National Defense
Authorization Act enacted after the date of the enactment of
this Act.
SEC. 139. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF TACTICAL
AIRLIFT AIRCRAFT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on any plans of the Air
Force to reduce the total number of tactical airlift aircraft in the
inventory of the Air Force.
(b) Elements.--The report required under subsection (a) shall
include, with respect to any plan of the Air Force to reduce the total
number of tactical airlift aircraft--
(1) the justification for such reduction;
(2) an explanation of whether and to what extent domestic
operations was considered as part of such justification;
(3) analysis of the role of domestic operations during
concurrent contingency operations;
(4) analysis of the C-130 aircraft force structures recommended
to support wartime mobility requirements as set forth in--
(A) the mobility capability and requirements study
conducted under section 144(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1321); and
(B) the mobility capability requirements study conducted
under section 1712 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1803);
(5) the Secretary's justification for any increased risk that
may result from accepting a C-130 aircraft force structure smaller
than the force structure recommended by such studies; and
(6) an explanation of whether and to what extent Governors of
States that may be affected by the planned reduction were consulted
as part of the decision making process.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. IMPLEMENTATION OF AFFORDABILITY, OPERATIONAL, AND
SUSTAINMENT COST CONSTRAINTS FOR THE F-35 AIRCRAFT PROGRAM.
(a) F-35A Quantity Limit for the Air Force.--
(1) Limitation.--Beginning on October 1, 2028, the total number
of F-35A aircraft that the Secretary of the Air Force may maintain
in the aircraft inventory of the Air Force may not exceed the
lesser of--
(A) 1,763; or
(B) the number obtained by--
(i) multiplying 1,763 by the cost-per-tail factor
determined under paragraph (2); and
(ii) rounding the product of the calculation under
clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35A aircraft of the
Air Force (as determined by the Secretary of the Air Force in
accordance with subsection (e)), divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35A aircraft of the Air Force during fiscal year 2027 (as
determined by the Secretary of the Air Force in accordance with
subsection (f)).
(b) F-35B Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total number
of F-35B aircraft that the Secretary of the Navy may maintain in
the aircraft inventory of the Marine Corps may not exceed the
lesser of--
(A) 353; or
(B) the number obtained by--
(i) multiplying 353 by the cost-per-tail factor
determined under paragraph (2); and
(ii) rounding the product of the calculation under
clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35B aircraft of the
Marine Corps (as determined by the Secretary of the Navy in
accordance with subsection (e)), divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35B aircraft of the Marine Corps during fiscal year 2027
(as determined by the Secretary of the Navy in accordance with
subsection (f)).
(c) F-35C Quantity Limit for the Navy.--
(1) Limitation.--Beginning on October 1, 2028, the total number
of F-35C aircraft that the Secretary of the Navy may maintain in
the aircraft inventory of the Navy may not exceed the lesser of--
(A) 273; or
(B) the number obtained by--
(i) multiplying 273 by the cost-per-tail factor
determined under paragraph (2); and
(ii) rounding the product of the calculation under
clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35C aircraft of the
Navy (as determined by the Secretary of the Navy in accordance
with subsection (e)), divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35C aircraft of the Navy during fiscal year 2027 (as
determined by the Secretary of the Navy in accordance with
subsection (f)).
(d) F-35C Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total number
of F-35C aircraft that the Secretary of the Navy may maintain in
the aircraft inventory of the Marine Corps may not exceed the
lesser of--
(A) 67; or
(B) the number obtained by--
(i) multiplying 67 by the cost-per-tail factor
determined under paragraph (2); and
(ii) rounding the product of the calculation under
clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35C aircraft of the
Marine Corps (as determined by the Secretary of the Navy in
accordance with subsection (e)), divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35C aircraft of the Marine Corps during fiscal year 2027
(as determined by the Secretary of the Navy in accordance with
subsection (f)).
(e) Determination of Required Affordability Cost Targets.--
(1) Air force.--Not later than October 1, 2025, the Secretary
of the Air Force shall--
(A) determine an affordability cost target to be used for
purposes of subsection (a)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required cost-
per-tail-per-year for an F-35A aircraft of the Air force for
fiscal year 2027; and
(B) submit to the congressional defense committees a
certification identifying the affordability cost target
determined under subparagraph (A).
(2) Navy and marine corps.--Not later than October 1, 2025, the
Secretary of the Navy shall--
(A) determine an affordability cost target to be used for
purposes of subsection (b)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required cost-
per-tail-per-year for an F-35B aircraft of the Marine Corps for
fiscal year 2027;
(B) determine an affordability cost target to be used for
purposes of subsection (c)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required cost-
per-tail-per-year for an F-35C aircraft of the Navy for fiscal
year 2027;
(C) determine an affordability cost target to be used for
purposes of subsection (d)(2)(A), which shall be the dollar
amount the Secretary determines to represent the required cost-
per-tail-per-year for an F-35C aircraft of the Marine Corps for
fiscal year 2027; and
(D) submit to the congressional defense committees a
certification identifying each affordability cost target
determined under subparagraphs (A) through (C).
(f) Determination of Actual Cost-per-tail-per-year for Fiscal Year
2027.----
(1) In general.--Not later than 90 days after the end of fiscal
year 2027--
(A) the Secretary of the Air Force shall determine the
average cost-per-tail of the F-35A aircraft of the Air Force
during fiscal year 2027; and
(B) the Secretary of the Navy shall determine the average
cost-per-tail of--
(i) the F-35B aircraft of the Marine Corps during
fiscal year 2027;
(ii) the F-35C aircraft of the Navy during fiscal year
2027; and
(iii) the F-35C aircraft of the Marine Corps during
fiscal year 2027.
(2) Calculation.--For purposes of paragraph (1), the average
cost-per-tail of a variant of an F-35 aircraft of an Armed Force
shall be determined by--
(A) adding the total amount expended for fiscal year 2027
(in base year fiscal 2012 dollars) for all such aircraft in the
inventory of the Armed Force for--
(i) unit level manpower;
(ii) unit operations;
(iii) maintenance;
(iv) sustaining support;
(v) continuing system support; and
(vi) modifications; and
(B) dividing the sum obtained under subparagraph (A) by the
average number of such aircraft in the inventory of the Armed
Force during such fiscal year.
(g) Waiver Authority.--The Secretary of Defense may waive the
quantity limits under any of subsections (a) through (d) if, prior to
issuing such a waiver, the Secretary certifies to the congressional
defense committees that procuring additional quantities of a variant of
an F-35 aircraft above the applicable quantity limit are required to
meet the national military strategy requirements of the combatant
commanders. The authority of the Secretary under this subsection may
not be delegated.
(h) Aircraft Defined.--In this section, the term ``aircraft'' means
aircraft owned and operated by an Armed Force of the United States and
does not include aircraft owned or operated by an armed force of a
foreign country.
SEC. 142. TRANSFER OF F-35 PROGRAM RESPONSIBILITIES FROM THE F-35
JOINT PROGRAM OFFICE TO THE DEPARTMENT OF THE AIR FORCE AND THE
DEPARTMENT OF THE NAVY.
(a) Transfer of Functions.--
(1) Sustainment functions.--Not later than October 1, 2027, the
Secretary of Defense shall transfer all functions relating to the
management, planning, and execution of sustainment activities for
the F-35 aircraft program from the F-35 Joint Program Office to the
Secretary of the Air Force and the Secretary of the Navy as
follows:
(A) All functions of the F-35 Joint Program Office relating
to the management, planning, and execution of sustainment
activities for F-35B and F-35C aircraft shall be transferred to
the Department of the Navy, and the Secretary of the Navy shall
be the official in the Department of Defense with principal
responsibility for carrying out such functions.
(B) All functions of the F-35 Joint Program Office relating
to the management, planning, and execution of sustainment
activities for F-35A aircraft shall be transferred to the
Department of the Air Force, and the Secretary of the Air Force
shall be the official in the Department of Defense with
principal responsibility for carrying out such functions.
(2) Acquisition functions.--Not later than October 1, 2029, the
Secretary of Defense shall transfer all acquisition functions for
the F-35 aircraft program from the F-35 Joint Program Office to the
Secretary of the Air Force and the Secretary of the Navy as
follows:
(A) All functions of the F-35 Joint Program Office relating
to the acquisition of F-35B and F-35C aircraft shall be
transferred to the Department of the Navy, and the Secretary of
the Navy shall be the official in the Department of Defense
with principal responsibility for carrying out such functions.
(B) All functions of the F-35 Joint Program Office relating
to the acquisition of F-35A aircraft shall be transferred to
the Department of the Air Force, and the Secretary of the Air
Force shall be the official in the Department of Defense with
principal responsibility for carrying out such functions.
(b) Transition Plan.--Not later than October 1, 2022, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the Secretary of the Air Force and the Secretary of the Navy,
shall submit to the congressional defense committees a plan for
carrying out the transfers required under subsection (a).
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR-BASED AND
SPACE-BASED GROUND MOVING TARGET INDICATOR CAPABILITIES.
(a) Review of Redundancies.--The Secretary of Defense shall conduct
a review of all established and planned efforts to provide air-based
and space-based ground moving target indicator capability to identify,
eliminate, and prevent redundancies of such efforts across the
Department of Defense.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the capability
described in subsection (a), not more than 75 percent may be obligated
or expended for procurement or research and development for such
capability until the date on which the Vice Chairman of the Joint
Chiefs of Staff submits to the congressional defense committees the
information required under subsection (c).
(c) Information Required.--The Vice Chairman of the Joint Chiefs of
Staff, in consultation with the Secretaries of the military departments
and the heads of such other agencies as the Secretary of Defense
considers relevant to the ground moving target indicator capability
described in subsection (a), shall submit to the congressional defense
committees the following:
(1) A list of all procurement and research and development
efforts relating to the capability that are funded by--
(A) the Department of Defense; or
(B) any other department or agency of the Federal
Government.
(2) A description of how the efforts described in paragraph (1)
will--
(A) provide real-time information to relevant military end
users through the use of air battle managers; and
(B) meet the needs of combatant commanders with respect to
priority target tasking.
(3) Analysis of whether, and to what extent, the efforts
described in paragraph (1) comply with--
(A) the joint all domain command and control requirements
and standards of the Department; and
(B) the validated requirements of the Joint Requirements
Oversight Council with respect to ground moving target
indicator capabilities.
(4) Identification of any potential areas of overlap among the
efforts described in paragraph (1).
SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
AIRCRAFT SYSTEMS FOR THE ARMED OVERWATCH PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Department of
Defense for the procurement of aircraft systems for the armed overwatch
program of the United States Special Operations Command may be
obligated or expended until a period of 15 days has elapsed following
the date on which the acquisition roadmap required by section 165(a) of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is submitted to the congressional
defense committees.
SEC. 145. ANALYSIS OF CERTAIN RADAR INVESTMENT OPTIONS.
(a) Analysis Required.--
(1) In general.--The Director of Cost Assessment and Program
Evaluation shall conduct an analysis of covered radar systems
operating in the Navy and the Missile Defense Agency over the
period covered by the most recent future-years defense program
submitted to Congress under section 221 of title 10, United States
Code.
(2) Elements.--The analysis conducted under paragraph (1) shall
include the following:
(A) An independent cost estimate of each covered radar
system described in paragraph (1) and each variant thereof.
(B) An assessment of the capability provided by each such
system and variant to address current and future air and
missile defense threats.
(C) In the case of covered radar systems operating in the
Navy, an assessment of the capability and technical suitability
of each planned configuration for such systems to support
current and future distributed maritime operations in contested
environments.
(b) Report.--Not later than May 1, 2022, the Director of Cost
Assessment and Program Evaluation shall submit to the congressional
defense committees a report that includes the following:
(1) The results of the analysis conducted under subsection
(a)(1).
(2) Such recommendations as the Director may have to achieve
greater capability, affordability, and sustainability across
covered radar systems described in subsection (a)(1), including
variants thereof, during fiscal years 2022 through 2027, including
whether--
(A) to continue to develop and maintain each covered radar
system separately; or
(B) to pursue fewer configurations of such systems.
(c) Covered Radar Systems Defined.--In this section, the term
``covered radar systems'' means radar systems with the following
designations an any variants thereof:
(1) AN/SPY-1.
(2) AN/SPY-3.
(3) AN/SPY-6.
(4) AN/SPY-7.
SEC. 146. REVIEW AND BRIEFING ON FIELDED MAJOR WEAPON SYSTEMS.
(a) Review and Briefing Required.--Not later than March 1, 2023,
the Secretary of Defense shall conduct a review, and provide a briefing
to the congressional defense committees, on the processes of the
Department of Defense for the management of strategic risk with respect
to capabilities of fielded major weapon systems funded in the most
recent future-years defense program submitted to Congress under section
221 of title 10, United States Code, including a description of the
analytical and implementation methodologies used--
(1) to ensure that fielded major weapon systems meet current
and emerging military threats;
(2) to upgrade or replace any fielded major weapon systems that
is not capable of effectively meeting operational requirements or
current, evolving, or emerging threats; and
(3) to develop and implement plans for the replacement and
divestment of fielded major weapon systems that address lower-
priority military threats, as determined by intelligence
assessments and operational requirements.
(b) Major Weapon System Defined.--In this section, the term ``major
weapon system'' has the meaning given such term under section 2379(f)
of title 10, United States Code.
SEC. 147. REPORTS ON EXERCISE OF WAIVER AUTHORITY WITH RESPECT TO
CERTAIN AIRCRAFT EJECTION SEATS.
Not later than February 1, 2022, and on a semiannual basis
thereafter through February 1, 2024, the Secretary of the Air Force and
the Secretary of the Navy shall each submit to the congressional
defense committees a report that includes, with respect to each
location at which active flying operations are conducted or planned as
of the date report--
(1) the number of aircrew ejection seats installed in the
aircraft used, or expected to be used, at such location;
(2) of the ejection seats identified under paragraph (1), the
number that have been, or are expected to be, placed in service
subject to a waiver due to--
(A) deferred maintenance; or
(B) the inability to obtain parts to make repairs or to
fulfill time-compliance technical orders; and
(3) for each ejection seat subject to a waiver as described in
paragraph (2)--
(A) the date on which the waiver was issued; and
(B) the name and title of the official who authorized the
waiver.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Codification of National Defense Science and Technology
Strategy.
Sec. 212. Codification of direct hire authority at personnel
demonstration laboratories for advanced degree holders.
Sec. 213. Duties and regional activities of the Defense Innovation Unit.
Sec. 214. Codification of requirement for Defense Established Program to
Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense
science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging
technology and national security threats.
Sec. 217. Improvements relating to national network for microelectronics
research and development.
Sec. 218. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of
the research, development, test, and evaluation centers of the
Department of Defense.
Sec. 220. Defense research and engineering activities at minority
institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for
survivability and lethality testing.
Sec. 224. Assessment and correction of deficiencies in the pilot
breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
Sec. 226. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior
civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and
evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to
promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the
development of artificial intelligence capabilities for the
Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications
infrastructure to facilitate 5G deployment on military
installations.
Sec. 234. Limitation on development of prototypes for the Optionally
Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test
events and reductions in operational flight test capacity.
Sec. 236. Limitation on availability of funds for certain C-130
aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft
program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy
Detection and Exploitation System.
Subtitle C--Plans, Reports, and Other Matters
Sec. 241. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air
Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and
evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National
Security Commission on Artificial Intelligence regarding the
Department of Defense.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. CODIFICATION OF NATIONAL DEFENSE SCIENCE AND TECHNOLOGY
STRATEGY.
(a) In General.--Chapter 2 of title 10, United States Code, as
amended by section 1081 of this Act, is further amended by inserting
before section 119, the following new section:
``Sec. 118c. National Defense Science and Technology Strategy
``(a) In General.--The Secretary of Defense shall develop a
strategy--
``(1) to articulate the science and technology priorities,
goals, and investments of the Department of Defense;
``(2) to make recommendations on the future of the defense
research and engineering enterprise and its continued success in an
era of strategic competition; and
``(3) to establish an integrated approach to the
identification, prioritization, development, and fielding of
emerging capabilities and technologies.
``(b) Elements.--The strategy required under subsection (a) shall--
``(1) inform the development of each National Defense Strategy
under section 113(g) of this title and be aligned with Government-
wide strategic science and technology priorities, including the
defense budget priorities of the Office of Science and Technology
Policy of the President;
``(2) link the priorities, goals, and investments in subsection
(a)(1) with needed critical enablers to specific programs, or
broader portfolios, including--
``(A) personnel and workforce capabilities;
``(B) facilities for research and test infrastructure;
``(C) relationships with academia, the acquisition
community, the operational community, the defense industry, and
the commercial sector; and
``(D) funding, investments, personnel, facilities, and
relationships with other departments and agencies of the
Federal Government outside the Department of Defense without
which defense capabilities would be severely degraded;
``(3) support the coordination of acquisition priorities,
programs, and timelines of the Department with the activities of
the defense research and engineering enterprise;
``(4) include recommendations for changes in authorities,
regulations, policies, or any other relevant areas, that would
support the achievement of the goals set forth in the strategy;
``(5) identify mechanisms that may be used to identify critical
capabilities and technological applications required to address
operational challenges outlined in the National Defense Strategy
under section 113(g) of this title;
``(6) identify processes to inform senior leaders and policy
makers on the potential impacts of emerging technologies for the
purpose of shaping the development of policies and regulations;
``(7) support the efficient integration of capabilities and
technologies to close near-term, mid-term, and long-term capability
gaps;
``(8) support the development of appropriate investments in
research and technology development within the Department, and
appropriate partnerships with the defense industry and commercial
industry; and
``(9) identify mechanisms to provide information on defense
technology priorities to industry to enable industry to invest
deliberately in emerging technologies to build and broaden the
capabilities of the industrial base.
``(c) Coordination.--The Secretary of Defense shall develop the
strategy under subsection (a) in coordination with relevant entities
within the Office of the Secretary of Defense, the military
departments, the research organizations of Defense Agencies and
Department of Defense Field Activities, the intelligence community,
defense and technology industry partners, research and development
partners, other Federal research agencies, allies and partners of the
United States, and other appropriate organizations.
``(d) Considerations.--In developing the strategy under subsection
(a), the Secretary of Defense shall consider--
``(1) the operational challenges identified in the National
Defense Strategy and the technological threats and opportunities
identified through the global technology review and assessment
activities of the Department of Defense, the intelligence
community, and other technology partners;
``(2) current military requirements and emerging technologies
in the defense and commercial sectors;
``(3) the capabilities of foreign near-peer and peer nations;
``(4) the need to support the development of a robust trusted
and assured industrial base to manufacture and sustain the
technologies and capabilities to meet defense requirements; and
``(5) near-term, mid-term, and long-term technology and
capability development goals.
``(e) Reports.--
``(1) Subsequent reports and updates.--Not later than February
1 of the year following each fiscal year in which the National
Defense Strategy is submitted under section 113(g) of this title,
the Secretary of Defense shall submit to the congressional defense
committees a report that includes an updated version of the
strategy under subsection (a). Each update to such strategy shall
be prepared for purposes of such report based on emerging
requirements, technological developments in the United States, and
technical intelligence derived from global technology reviews
conducted by the Secretary of Defense.
``(2) Form of reports.--The reports submitted under paragraph
(1) may be submitted in a form determined appropriate by the
Secretary of Defense, which may include classified, unclassified,
and publicly releasable formats, as appropriate.
``(f) Briefing.--Not later than 90 days after the date on which the
strategy under subsection (a) is completed, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the implementation plan for the
strategy.
``(g) Designation.--The strategy developed under subsection (a)
shall be known as the `National Defense Science and Technology
Strategy'.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting before the item relating to
section 119 the following new item:
``118c. National Defense Science and Technology Strategy.''.
(c) Conforming Repeal.--Section 218 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1679) is repealed.
(d) Conforming Amendment.--Section 2358b(c)(2)(B)(ii) of title 10,
United States Code, is amended by striking ``section 218 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1679)'' and inserting ``section 118c of this
title''.
SEC. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL
DEMONSTRATION LABORATORIES FOR ADVANCED DEGREE HOLDERS.
(a) In General.--Section 2358a of title 10, United States Code, is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Direct Hire Authority at Personnel Demonstration Laboratories
for Advanced Degree Holders.--
``(1) Authority.--The Secretary of Defense may appoint
qualified candidates possessing an advanced degree to positions
described in paragraph (2) without regard to the provisions of
subchapter I of chapter 33 of title 5, other than sections 3303 and
3328 of such title.
``(2) Applicability.--This subsection applies with respect to
candidates for scientific and engineering positions within any
laboratory designated by section 4121(b) of this title as a
Department of Defense science and technology reinvention
laboratory.
``(3) Limitation.--(A) Authority under this subsection may not,
in any calendar year and with respect to any laboratory, be
exercised with respect to a number of candidates greater than the
number equal to 5 percent of the total number of scientific and
engineering positions within such laboratory that are filled as of
the close of the fiscal year last ending before the start of such
calendar year.
``(B) For purposes of this paragraph, positions and candidates
shall be counted on a full-time equivalent basis.''.
(b) Repeal.--Section 1108 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4618 ) is hereby repealed.
(c) Conforming Amendments.--
(1) Section 255(b)(5)(B) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223a note)
is amended by striking ``in section 2358a(f)(3) of'' and inserting
``in section 2358a(g) of''.
(2) Section 223(d)(3)(C) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note)
is amended by striking ``in section 2358a(f) of'' and inserting
``in section 2358a(g) of''.
(3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by striking ``in section 2358a(f)(3) of'' and
inserting ``in section 2358a(g) of''.
SEC. 213. DUTIES AND REGIONAL ACTIVITIES OF THE DEFENSE INNOVATION
UNIT.
(a) Duties of DIU Joint Reserve Detachment.--Clause (ii) of section
2358b(c)(2)(B) of title 10, United States Code, is amended to read as
follows:
``(ii) the technology requirements of the Department of
Defense, as identified in the most recent--
``(I) National Defense Strategy;
``(II) National Defense Science and Technology
Strategy as directed under section 218 of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1679); and
``(III) relevant policy and guidance from the
Secretary of Defense; and''.
(b) Regional Activities.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense may expand
the efforts of the Defense Innovation Unit to engage and collaborate
with private-sector industry and communities in various regions of the
United States--
(1) to accelerate the adoption of commercially developed
advanced technology in modernization priority areas and such other
key technology areas as may be identified by the Secretary; and
(2) to expand outreach to communities that do not otherwise
have a Defense Innovation Unit presence, including economically
disadvantaged communities.
SEC. 214. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTABLISHED
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
(a) In General.--Chapter 301 of title 10, United States Code, as
added by section 1841 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) and
amended by this Act, is further amended by inserting after section 4007
the following new section:
``Sec. 4010. Defense Established Program to Stimulate Competitive
Research
``(a) Program Required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering, shall
carry out a Defense Established Program to Stimulate Competitive
Research (DEPSCoR) as part of the university research programs of the
Department of Defense.
``(b) Program Objectives.--The objectives of the program are as
follows:
``(1) To increase the number of university researchers in
eligible States capable of performing science and engineering
research responsive to the needs of the Department of Defense.
``(2) To enhance the capabilities of institutions of higher
education in eligible States to develop, plan, and execute science
and engineering research that is relevant to the mission of the
Department of Defense and competitive under the peer-review systems
used for awarding Federal research assistance.
``(3) To increase the probability of long-term growth in the
competitively awarded financial assistance that institutions of
higher education in eligible States receive from the Federal
Government for science and engineering research.
``(c) Program Activities.--In order to achieve the program
objectives, the following activities are authorized under the program:
``(1) Competitive award of grants for research and
instrumentation to support such research.
``(2) Competitive award of financial assistance for graduate
students.
``(3) To provide assistance to science and engineering
researchers at institutions of higher education in eligible States
through collaboration between Department of Defense laboratories
and such researchers.
``(4) Any other activities that are determined necessary to
further the achievement of the objectives of the program.
``(d) Eligible States.--(1) The Under Secretary of Defense for
Research and Engineering shall designate which States are eligible
States for the purposes of this section.
``(2) The Under Secretary shall designate a State as an eligible
State if, as determined by the Under Secretary--
``(A) the average annual amount of all Department of Defense
obligations for science and engineering research and development
that were in effect with institutions of higher education in the
State for the three fiscal years preceding the fiscal year for
which the designation is effective or for the last three fiscal
years for which statistics are available is less than the amount
determined by multiplying 60 percent times the amount equal to 1/50
of the total average annual amount of all Department of Defense
obligations for science and engineering research and development
that were in effect with institutions of higher education in the
United States for such three preceding or last fiscal years, as the
case may be; and
``(B) the State has demonstrated a commitment to developing
research bases in the State and to improving science and
engineering research and education programs in areas relevant to
the mission of the Department of Defense at institutions of higher
education in the State.
``(3) The Under Secretary shall not remove a designation of a State
under paragraph (2) because the State exceeds the funding levels
specified under subparagraph (A) of such paragraph unless the State has
exceeded such funding levels for at least two consecutive years.
``(e) Coordination With Similar Federal Programs.--(1) The
Secretary may consult with the Director of the National Science
Foundation and the Director of the Office of Science and Technology
Policy in the planning, development, and execution of the program and
may coordinate the program with the Established Program to Stimulate
Competitive Research conducted by the National Science Foundation and
with similar programs sponsored by other departments and agencies of
the Federal Government.
``(2) All solicitations under the Defense Established Program to
Stimulate Competitive Research may be made to, and all awards may be
made through, the State committees established for purposes of the
Established Program to Stimulate Competitive Research conducted by the
National Science Foundation.
``(3) A State committee referred to in paragraph (2) shall ensure
that activities carried out in the State of that committee under the
Defense Established Program to Stimulate Competitive Research are
relevant to the mission of the Department of Defense and coordinated
with the activities carried out in the State under other similar
initiatives of the Federal Government to stimulate competitive
research.
``(f) State Defined.--In this section, the term `State' means a
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of such title, as added by section 1841 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) and amended by this Act, is further amended
by striking the item relating to section 4010 and inserting the
following new item:
``4010. Defense Established Program to Stimulate Competitive
Research.''.
(c) Conforming Repeals.--(1) Section 307 of title I of the 1997
Emergency Supplemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (Public Law 105-18; 10 U.S.C. 2358 note) is repealed.
(2) Section 257 of title II of division A of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
2358 note) is repealed.
(d) Effective Date.--This section and the amendments and repeals
made by this section shall take effect immediately after the effective
date of the amendments made by title XVIII of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 215. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT OF
DEFENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.
(a) In General.--Subchapter III of chapter 303 of title 10, United
States Code, as added by section 1842 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is amended by inserting after the heading for
subchapter III the following new section:
``Sec. 4121. Science and technology reinvention laboratories: authority
and designation
``(a) In General.--(1) The Secretary of Defense may carry out
personnel demonstration projects at Department of Defense laboratories
designated by the Secretary as Department of Defense science and
technology reinvention laboratories.
``(2)(A) Each personnel demonstration project carried out under the
authority of paragraph (1) shall be generally similar in nature to the
China Lake demonstration project.
``(B) For purposes of subparagraph (A), the China Lake
demonstration project is the demonstration project that is authorized
by section 6 of the Civil Service Miscellaneous Amendments Act of 1983
(Public Law 98-224) to be continued at the Naval Weapons Center, China
Lake, California, and at the Naval Ocean Systems Center, San Diego,
California.
``(3) If the Secretary carries out a demonstration project at a
laboratory pursuant to paragraph (1), section 4703 of title 5 shall
apply to the demonstration project, except that--
``(A) subsection (d) of such section 4703 shall not apply to
the demonstration project;
``(B) the authority of the Secretary to carry out the
demonstration project is that which is provided in paragraph (1)
rather than the authority which is provided in such section 4703;
and
``(C) the Secretary shall exercise the authorities granted to
the Office of Personnel Management under such section 4703 through
the Under Secretary of Defense for Research and Engineering (who
shall place an emphasis in the exercise of such authorities on
enhancing efficient operations of the laboratory and who may, in
exercising such authorities, request administrative support from
science and technology reinvention laboratories to review,
research, and adjudicate personnel demonstration project
proposals).
``(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be exempt
from, and may not be counted for the purposes of, any constraint or
limitation in a statute or regulation in terms of supervisory ratios or
maximum number of employees in any specific category or categories of
employment that may otherwise be applicable to the employees. The
employees shall be managed by the director of the laboratory subject to
the supervision of the Under Secretary of Defense for Research and
Engineering.
``(5) The limitations in section 5373 of title 5 do not apply to
the authority of the Secretary under this subsection to prescribe
salary schedules and other related benefits.
``(b) Designation of Laboratories.--Each of the following is hereby
designated as a Department of Defense science and technology
reinvention laboratory as described in subsection (a):
``(1) The Air Force Research Laboratory.
``(2) The Joint Warfare Analysis Center.
``(3) The Army Research Institute for the Behavioral and Social
Sciences.
``(4) The Combat Capabilities Development Command Armaments
Center.
``(5) The Combat Capabilities Development Command Army Research
Laboratory.
``(6) The Combat Capabilities Development Command Aviation and
Missile Center.
``(7) The Combat Capabilities Development Command Chemical
Biological Center.
``(8) The Combat Capabilities Development Command Command,
Control, Communications, Computers, Cyber, Intelligence,
Surveillance, and Reconnaissance Center.
``(9) The Combat Capabilities Development Command Ground
Vehicle Systems Center.
``(10) The Combat Capabilities Development Command Soldier
Center.
``(11) The Engineer Research and Development Center.
``(12) The Medical Research and Development Command.
``(13) The Technical Center, US Army Space and Missile Defense
Command.
``(14) The Naval Air Systems Command Warfare Centers.
``(15) The Naval Facilities Engineering Command Engineering and
Expeditionary Warfare Center.
``(16) The Naval Information Warfare Centers, Atlantic and
Pacific.
``(17) The Naval Medical Research Center.
``(18) The Naval Research Laboratory.
``(19) The Naval Sea Systems Command Warfare Centers.
``(20) The Office of Naval Research.
``(c) Conversion Procedures.--The Secretary of Defense shall
implement procedures to convert the civilian personnel of each
Department of Defense science and technology reinvention laboratory, as
so designated by subsection (b), to the personnel system under an
appropriate demonstration project (as referred to in subsection (a)).
Any conversion under this subsection--
``(1) shall not adversely affect any employee with respect to
pay or any other term or condition of employment;
``(2) shall be consistent with section 4703(f) of title 5;
``(3) shall be completed within 18 months after designation;
and
``(4) shall not apply to prevailing rate employees (as defined
by section 5342(a)(2) of title 5) or senior executives (as defined
by section 3132(a)(3) of such title).
``(d) Limitation.--The science and technology reinvention
laboratories, as so designated by subsection (a), may not implement any
personnel system, other than a personnel system under an appropriate
demonstration project (as referred to subsection (a)), without prior
congressional authorization.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of such title, as added by section 1842 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended by striking the item relating to
section 4121 and inserting the following:
``4121. Science and technology reinvention laboratories: authority and
designation.''.
(c) Conforming Repeals.--(1) Section 1105 of the National Defense
Authorization Act For Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
2358 note) is hereby repealed.
(2) Subsection (b) of section 342 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
2358 note) is hereby repealed.
(d) Conforming Amendments.--(1) Section 1601(f) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 2358 note) is amended by striking ``section 342 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2721)'' and inserting ``section 4121(a) of title 10, United
States Code''.
(2) Section 1107 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2358 note) is amended--
(A) by amending subsection (a) to read as follows:
``(e) Requirement.--The Secretary of Defense shall take all
necessary actions to fully implement and use the authorities provided
to the Secretary under subsection (a) of section 4121 of title 10,
United States Code, to carry out personnel management demonstration
projects at Department of Defense laboratories designated by subsection
(b) of such section as Department of Defense science and technology
reinvention laboratories.'';
(B) in subsection (c), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2486)'' and inserting
``designated by section 4121(b) of title 10, United States Code'';
and
(C) in subsection (e)(3), by striking ``section 342(b) of the
National Defense Authorization Act for Fiscal Year 1995 (as cited
in subsection (a))'' and inserting ``section 4121(a) of title 10,
United States Code''.
(3) Section 1109(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is amended by
striking ``specified in section 1105(a) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2486; 10 U.S.C. 2358 note)'' and inserting ``designated under section
4121(b) of title 10, United States Code''.
(4) Section 2803(a)(1) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is
amended by striking ``(as designated by section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note)'' and inserting ``(as designated under section
4121(b) of title 10, United States Code)''.
(5) Section 1108(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C.
1580 note prec.) is amended by striking ``section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2486; 10 U.S.C. 2358 note)'' and inserting ``section
4121(b) of title 10, United States Code''.
(6) Section 211(g) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended
by striking ``under section 1105 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note), as
amended'' and inserting ``under section 4121(b)of title 10, United
States Code''.
(7) Section 233(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is
amended by striking ``as specified in section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note)''
and inserting ``as designated under section 4121(b) of title 10, United
States Code''.
(8) Section 223(d)(3)(B) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is
amended by striking ``under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
2358 note)'' and inserting ``under section 4121(b) of title 10, United
States Code''.
(9) Section 252(e)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended by
striking ``under section 1105 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and
inserting ``under section 4121(b) of title 10, United States Code''.
(10) Section 255(b)(5)(A) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 223a note) is
amended by striking ``(as designated under section 1105 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note))'' and inserting ``(as designated under section
4121(b) of title 10, United States Code)''.
(11) Section 249 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(A) in subsection (e)(1)(A), by striking ``under section 2358a
of title 10, United States Code'' and inserting ``under section
4121(b) of title 10, United States Code''; and
(B) in subsection (g)(1)(B) by striking ``under section 1105 of
the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 10 U.S.C. 2358 note)'' and inserting ``under section
4121(b) of title 10, United States Code''.
(12) Section 2124(h)(3) of title 10, United States Code, as
redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is amended by striking ``designated under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 10 U.S.C. 2358 note)'' and inserting ``designated under section
4121(b) of this title''.
(13) Section 4091 of title 10, United States Code, as redesignated
by section 1843(b)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
amended--
(A) in subsection (b), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' both places it
appears and inserting ``designated by section 4121(b) of this
title''; and
(B) in subsection (d)(2), by striking ``pursuant to section
342(b) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 2358 note)'' both places it
appears and inserting ``pursuant to section 4121(a) of this
title''.
(14) Section 4094(f) of title 10, United States Code, as
transferred and redesignated by this Act, is amended by striking ``by
section 1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 2358 note)'' and inserting ``by section 4121(b) of
this title''.
(e) Effective Date.--This section and the amendments and repeals
made by this section shall take effect immediately after the effective
date of the amendments made by title XVIII of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 216. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON EMERGING
TECHNOLOGY AND NATIONAL SECURITY THREATS.
Section 236 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
amended--
(1) in subsection (a), by striking ``may'' and inserting ``and
the Director of National Intelligence may jointly'';
(2) in subsection (b), by--
(A) by striking paragraphs (3) through (8); and
(B) by inserting after paragraph (2) the following:
``(3) The Principal Deputy Director of National Intelligence.
``(4) Such other officials of the Department of Defense and
intelligence community as the Secretary of Defense and the Director
of National Intelligence jointly determine appropriate.'';
(3) by redesignating subsections (c) through (e) as subsections
(d) through (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Leadership.--The Steering Committee shall be chaired by the
Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of
Staff, and the Principal Deputy Director of National Intelligence
jointly.'';
(5) in subsection (d), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a strategy'' and inserting
``strategies'';
(ii) by inserting ``and intelligence community'' after
``United States military''; and
(iii) by inserting ``and National Intelligence
Strategy, and consistent with the National Security
Strategy'' after ``National Defense Strategy'';
(B) in paragraph (3)--
(i) in the matter before subparagraph (A), by inserting
``and the Director of National Intelligence'' after ``the
Secretary of Defense'';
(ii) in subparagraph (A), by striking ``strategy'' and
inserting ``strategies'';
(iii) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(iv) by redesignating subparagraph (E) as subparagraph
(F); and
(v) by inserting after subparagraph (D) the following:
``(E) any changes to the guidance for developing the
National Intelligence Program budget required by section
102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C.
3024(c)(1)(A)), that may be required to implement the
strategies under paragraph (1); and''; and
(vi) in subparagraph (F), as redesignated by clause
(iv), by inserting ``and the intelligence community'' after
``Department of Defense''; and
(C) in paragraph (4), by inserting ``and Director of
National Intelligence, jointly'' after ``Secretary of
Defense'';
(6) by amending subsection (e), as redesignated by paragraph
(3), to read as follows:
``(e) Definitions.--In this section:
``(1) The term `emerging technology' means technology jointly
determined to be in an emerging phase of development by the
Secretary of Defense and the Director of National Intelligence,
including quantum information science and technology, data
analytics, artificial intelligence, autonomous technology, advanced
materials, software, high performance computing, robotics, directed
energy, hypersonics, biotechnology, medical technologies, and such
other technology as may be jointly identified by the Secretary and
the Director.
``(2) The term `intelligence community' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''; and
(7) in subsection (f), as redesignated by paragraph (3), by
striking ``October 1, 2024'' and inserting ``October 1, 2025''.
SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NETWORK FOR
MICROELECTRONICS RESEARCH AND DEVELOPMENT.
Section 9903(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in paragraph (1), in the matter preceding subparagraph (A),
by striking ``may'' and inserting ``shall''; and
(2) by adding at the end the following new paragraph:
``(3) Selection of entities.--
``(A) In general.--In carrying out paragraph (1), the
Secretary shall, through a competitive process, select two or
more entities to carry out the activities described in
paragraph (2) as part of the network established under
paragraph (1).
``(B) Geographic diversity.--The Secretary shall, to the
extent practicable, ensure that the entities selected under
subparagraph (A) collectively represent the geographic
diversity of the United States.''.
SEC. 218. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO
TECHNICAL TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS TO
SUPPORT DEPARTMENT OF DEFENSE MISSIONS.
Section 217 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Consultation With Other Organizations.--For the purposes of
providing technical expertise and reducing costs and duplicative
efforts, the Secretary of Defense and the Secretaries of the military
departments shall work to ensure and support the sharing of information
on the research and consulting that is being carried out across the
Federal Government in Department-wide shared information systems
including the Defense Technical Information Center.'';
(2) in subsection (e)--
(A) by redesignating paragraph (31) as paragraph (36); and
(B) by inserting after paragraph (30) the following new
paragraphs:
``(31) Nuclear science, security, and nonproliferation.
``(32) Chemical, biological, radiological, and nuclear defense.
``(33) Spectrum activities.
``(34) Research security and integrity.
``(35) Printed circuit boards.''; and
(3) in subsection (g), by striking ``2026'' and inserting
``2028''.
SEC. 219. TECHNICAL CORRECTION TO PILOT PROGRAM FOR THE ENHANCEMENT
OF THE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE
DEPARTMENT OF DEFENSE.
Section 233(c)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended
by striking ``Chief Management Officer'' and inserting ``Deputy
Secretary of Defense or a designee of the Deputy Secretary''.
SEC. 220. DEFENSE RESEARCH AND ENGINEERING ACTIVITIES AT MINORITY
INSTITUTIONS.
(a) Plan to Promote Defense Research at Minority Institutes.--
(1) In general.--The Secretary of Defense shall develop a plan
to promote defense-related engineering, research, and development
activities at minority institutions for the purpose of elevating
the capacity of such institutions in those areas.
(2) Elements.--The plan under paragraph (1) shall include the
following:
(A) An assessment of the engineering, research, and
development capabilities of minority institutions, including an
assessment of the workforce and physical research
infrastructure of such institutions.
(B) An assessment of the ability of minority institutions--
(i) to participate in defense-related engineering,
research, and development activities; and
(ii) to effectively compete for defense-related
engineering, research, and development contracts.
(C) An assessment of the activities and investments
necessary--
(i) to elevate minority institutions or a consortium of
minority institutions (including historically black
colleges and universities) to R1 status on the Carnegie
Classification of Institutions of Higher Education;
(ii) to increase the participation of minority
institutions in defense-related engineering, research, and
development activities; and
(iii) to increase the ability of such institutions
ability to effectively compete for defense-related
engineering, research, and development contracts.
(D) Recommendations identifying actions that may be taken
by the Secretary, Congress, minority institutions, and other
organizations to increase the participation of minority
institutions in defense-related engineering, research, and
development activities and contracts.
(E) The specific goals, incentives, and metrics developed
by the Secretary under subparagraph (D) to increase and measure
the capacity of minority institutions to address the
engineering, research, and development needs of the Department.
(3) Consultation.--In developing the plan under paragraph (1),
the Secretary of Defense shall consult with such other public and
private sector organizations as the Secretary determines
appropriate.
(4) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(A) submit to the congressional defense committees a report
that includes the plan developed under paragraph (1); and
(B) make the plan available on a publicly accessible
website of the Department of Defense.
(b) Activities to Support the Research and Engineering Capacity of
Historically Black Colleges and Universities and Minority
Institutions.--
(1) In general.--Subject to the availability of appropriations,
the Secretary may establish a program to award contracts, grants,
or other agreements on a competitive basis, and to perform other
appropriate activities for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are the
following:
(A) Developing the capability, including workforce and
research infrastructure, for minority institutions to more
effectively compete for Federal engineering, research, and
development funding opportunities.
(B) Improving the capability of such institutions to
recruit and retain research faculty, and to participate in
appropriate personnel exchange programs and educational and
career development activities.
(C) Any other purposes the Secretary determines appropriate
for enhancing the defense-related engineering, research, and
development capabilities of minority institutions.
(c) Increasing Partnerships for Minority Institutions With National
Security Research and Engineering Organizations.--Section 2362 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``Assistant Secretary'' each
place it appears and inserting ``Under Secretary''; and
(2) in subsection (d)--
(A) by striking ``The Secretary of Defense may'' and
inserting the following:
``(1) The Secretary of Defense may''; and
(B) by adding at the end the following paragraph:
``(2) The Secretary of Defense shall establish goals and
incentives to encourage federally funded research and development
centers, science and technology reinvention laboratories, and
University Affiliated Research Centers funded by the Department of
Defense--
``(A) to assess the capacity of covered educational
institutions to address the research and development needs of
the Department through partnerships and collaborations; and
``(B) if appropriate, to enter into partnerships and
collaborations with such institutions.''.
(d) Minority Institution Defined.--In this section, the term
``minority institution'' means a covered educational institution (as
defined in section 2362 of title 10, United States Code).
SEC. 221. TEST PROGRAM FOR ENGINEERING PLANT OF DDG(X) DESTROYER
VESSELS.
(a) Test Program Required.--During the detailed design period and
prior to the construction start date of the lead ship in the DDG(X)
destroyer class of vessels, the Secretary of the Navy shall commence a
land-based test program for the engineering plant of such class of
vessels.
(b) Administration.--The test program required by subsection (a)
shall be administered by the Senior Technical Authority for the DDG(X)
destroyer class of vessels.
(c) Elements.--The test program required by subsection (a) shall
include, at a minimum, testing of the following equipment in vessel-
representative form:
(1) Electrical propulsion motor.
(2) Other propulsion drive train components.
(3) Main propulsion system.
(4) Electrical generation and distribution systems.
(5) Machinery control systems.
(6) Power control modules.
(d) Test Objectives.--The test program required by subsection (a)
shall include, at a minimum, the following test objectives demonstrated
across the full range of engineering plant operations for the DDG(X)
destroyer class of vessels:
(1) Test of a single shipboard representative propulsion drive
train.
(2) Test and facilitation of machinery control systems
integration.
(3) Simulation of the full range of electrical demands to
enable the investigation of load dynamics between the hull,
mechanical and electrical equipment, the combat system, and
auxiliary equipment.
(e) Completion Date.--The Secretary of the Navy shall complete the
test program required by subsection (a) by not later than the delivery
date of the lead ship in the DDG(X) destroyer class of vessels.
(f) Definitions.--In this section:
(1) Delivery date.--The term ``delivery date'' has the meaning
given that term in section 8671 of title 10, United States Code.
(2) Senior technical authority.--The term ``Senior Technical
Authority'' means the official designated as the Senior Technical
Authority for the DDG(X) destroyer class of vessels pursuant to
section 8669b of title 10, United States Code.
SEC. 222. CONSORTIUM TO STUDY IRREGULAR WARFARE.
(a) Establishment.--The Secretary of Defense may establish a
research consortium of institutions of higher education to study
irregular warfare and the responses to irregular threats.
(b) Purposes.--The purposes of the consortium under subsection (a)
are as follows:
(1) To shape the formulation and application of policy through
the conduct of research and analysis regarding irregular warfare.
(2) To maintain open-source databases on issues relevant to
understanding terrorism, irregular threats, and social and
environmental change.
(3) To serve as a repository for datasets regarding research on
security, social change, and irregular threats developed by
institutions of higher education that receive Federal funding.
(4) To support basic research in social science on emerging
threats and stability dynamics relevant to irregular threat problem
sets.
(5) To transition promising basic research--
(A) to higher stages of research and development; and
(B) into operational capabilities, as appropriate, by
supporting applied research and developing tools to counter
irregular threats.
(6) To facilitate the collaboration of research centers of
excellence relating to irregular threats to better distribute
expertise to specific issues and scenarios regarding such threats.
(7) To enhance educational outreach and teaching at
professional military education schools to improve--
(A) the understanding of irregular threats; and
(B) the integration of data-based responses to such
threats.
(8) To support classified research when necessary in
appropriately controlled physical spaces.
(9) To support the work of a Department of Defense Functional
Center for Security Studies in Irregular Warfare if such Center is
established pursuant to section 1299L of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(10) To carry out such other research initiatives relating to
irregular warfare and irregular threats as the Secretary of Defense
determines appropriate.
(c) Partnerships.--If the Secretary of Defense establishes a
research consortium under subsection (a), the Secretary shall encourage
partnerships between the consortium and university-affiliated research
centers and other research institutions, as appropriate.
(d) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
SEC. 223. DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECHNOLOGIES
FOR SURVIVABILITY AND LETHALITY TESTING.
(a) Expansion of Survivability and Lethality Testing.--
(1) In general.--The Secretary, in coordination with covered
officials, shall--
(A) expand the survivability and lethality testing of
covered systems to include testing against non-kinetic threats;
and
(B) develop digital technologies to test such systems
against such threats throughout the life cycle of each such
system.
(2) Development of digital technologies for live fire
testing.--
(A) In general.--The Secretary, in coordination with
covered officials, shall develop--
(i) digital technologies to enable the modeling and
simulation of the live fire testing required under section
2366 of title 10, United States Code; and
(ii) a process to use data from physical live fire
testing to inform and refine the digital technologies
described in clause (i).
(B) Objectives.--In carrying out subparagraph (A), the
Secretary shall seek to achieve the following objectives:
(i) Enable assessments of full spectrum survivability
and lethality of each covered system with respect to
kinetic and non-kinetic threats.
(ii) Inform the development and refinement of digital
technology to test and improve covered systems.
(iii) Enable survivability and lethality assessments of
the warfighting capabilities of a covered system with
respect to--
(I) communications;
(II) firepower;
(III) mobility;
(IV) catastrophic survivability; and
(V) lethality.
(C) Demonstration activities.--
(i) In general.--The Secretary, acting through the
Director, shall carry out activities to demonstrate the
digital technologies for full spectrum survivability
testing developed under subparagraph (A).
(ii) Program selection.--The Secretary shall assess and
select not fewer than three and not more than ten programs
of the Department to participate in the demonstration
activities required under clause (i).
(iii) Armed forces programs.--Of the programs selected
pursuant to clause (ii), the Director shall select--
(I) at least one such program from the Army;
(II) at least one such program from the Navy or the
Marine Corps; and
(III) at least one such program from the Air Force
or the Space Force.
(3) Regular survivability and lethality testing throughout life
cycle.--
(A) In general.--The Secretary, in coordination with
covered officials, shall--
(i) develop a process to regularly test through the use
of digital technologies the survivability and lethality of
each covered system against kinetic and non-kinetic threats
throughout the life cycle of such system as threats evolve;
and
(ii) establish guidance for such testing.
(B) Elements.--In carrying out subparagraph (A), the
Secretary shall determine the following:
(i) When to deploy digital technologies to provide
timely and up-to-date insights with respect to covered
systems without unduly delaying fielding of capabilities.
(ii) The situations in which it may be necessary to
develop and use digital technologies to assess legacy fleet
vulnerabilities.
(b) Reports and Briefing.--
(1) Assessment and selection of programs.--Not later than 180
days after the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees a report that
identifies the programs selected to participate in the
demonstration activities under subsection (a)(2)(C).
(2) Modernization and digitization report.--
(A) In general.--Not later than March 15, 2023, the
Director shall submit to the congressional defense committees a
report that includes--
(i) an assessment of the progress of the Secretary in
carrying out subsection (a);
(ii) an assessment of each of the demonstration
activities carried out under subsection (a)(2)(C),
including a comparison of--
(I) the risks, benefits, and costs of using digital
technologies for live fire testing and evaluation; and
(II) the risks, benefits, and costs of traditional
physical live fire testing approaches that--
(aa) are not supported by digital technologies;
(bb) do not include testing against non-kinetic
threats; and
(cc) do not include full spectrum
survivability;
(iii) an explanation of--
(I) how real-world operational and digital
survivability and lethality testing data will be used
to inform and enhance digital technology;
(II) the contribution of such data to the digital
modernization efforts required under section 836 of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283); and
(III) the contribution of such data to the
decision-support processes for managing and overseeing
acquisition programs of the Department;
(iv) an assessment of the ability of the Department to
perform full spectrum survivability and lethality testing
of each covered system with respect to kinetic and non-
kinetic threats;
(v) an assessment of the processes implemented by the
Department to manage digital technologies developed
pursuant to subsection (a); and
(vi) an assessment of the processes implemented by the
Department to develop digital technology that can perform
full spectrum survivability and lethality testing with
respect to kinetic and non-kinetic threats.
(B) Briefing.--Not later than April 14, 2023, the Director
shall provide to the congressional defense committees a
briefing that identifies any changes to existing law that may
be necessary to implement subsection (a).
(c) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Under Secretary of Defense for Research and
Engineering;
(B) the Under Secretary of Defense for Acquisition and
Sustainment;
(C) the Chief Information Officer;
(D) the Director;
(E) the Director of Cost Assessment and Program Evaluation;
(F) the Service Acquisition Executives;
(G) the Service testing commands;
(H) the Director of the Defense Digital Service; and
(I) representatives from--
(i) the Department of Defense Test Resource Management
Center;
(ii) the High Performance Computing Modernization
Program Office; and
(iii) the Joint Technical Coordination Group for
Munitions Effectiveness.
(2) The term ``covered system'' means any warfighting
capability that can degrade, disable, deceive, or destroy forces or
missions.
(3) The term ``Department'' means the Department of Defense.
(4) The term ``digital technologies'' includes digital models,
digital simulations, and digital twin capabilities that may be used
to test the survivability and lethality of a covered system.
(5) The term ``Director'' means the Director of Operational
Test and Evaluation.
(6) The term ``full spectrum survivability and lethality
testing'' means a series of assessments of the effects of kinetic
and non-kinetic threats on the communications, firepower, mobility,
catastrophic survivability, and lethality of a covered system.
(7) The term ``non-kinetic threats'' means unconventional
threats, including--
(A) cyber attacks;
(B) electromagnetic spectrum operations;
(C) chemical, biological, radiological, nuclear effects and
high yield explosives; and
(D) directed energy weapons.
(8) The term ``Secretary'' means the Secretary of Defense.
SEC. 224. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE PILOT
BREATHING SYSTEMS OF TACTICAL FIGHTER AIRCRAFT.
(a) Testing and Evaluation Required.--Beginning not later than 120
days after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Administrator of the National
Aeronautics and Space Administration, shall commence operational
testing and evaluation of each fleet of tactical fighter aircraft
(including each type and model variant of aircraft within the fleet)
that uses the Onboard Oxygen Generating System for the pilot breathing
system (in this section referred to as the ``breathing system'') to--
(1) determine whether the breathing system complies with
Military Standard 3050 (MIL-STD-3050), titled ``Aircraft Crew
Breathing Systems Using On-Board Oxygen Generating System
(OBOGS)''; and
(2) assess the safety and effectiveness of the breathing system
for all pilots of the aircraft fleet tested.
(b) Requirements.--The following shall apply to the testing and
evaluation conducted for an aircraft fleet under subsection (a):
(1) The F-35 aircraft fleet shall be the first aircraft fleet
tested and evaluated, and such testing and evaluation shall include
F-35A, F-35B, and F-35C aircraft.
(2) The pilot, aircraft systems, and operational flight
environment of the aircraft shall not be assessed in isolation but
shall be tested and evaluated as integrated parts of the breathing
system.
(3) The testing and evaluation shall be conducted under a broad
range of operating conditions, including variable weather
conditions, low-altitude flight, high-altitude flight, during
weapons employment, at critical phases of flight such as take-off
and landing, and in other challenging environments and operating
flight conditions.
(4) The testing and evaluation shall assess operational flight
environments for the pilot that replicate expected conditions and
durations for high gravitational force loading, rapid changes in
altitude, rapid changes in airspeed, and varying degrees of
moderate gravitational force loading.
(5) A diverse group of pilots shall participate in the testing
and evaluation, including--
(A) pilots who are test-qualified and pilots who are not
test-qualified; and
(B) pilots who vary in gender, physical conditioning,
height, weight, and age, and any other attributes that the
Secretary determines to be appropriate.
(6) Aircraft involved in the testing and evaluation shall
perform operations with operationally representative and realistic
aircraft configurations.
(7) The testing and evaluation shall include assessments of
pilot life support gear and relevant equipment, including the pilot
breathing mask apparatus.
(8) The testing and evaluation shall include testing data from
pilot reports, measurements of breathing pressures and air delivery
response timing and flow, cabin pressure, air-speed, acceleration,
measurements of hysteresis during all phases of flight,
measurements of differential pressure between mask and cabin
altitude, and measurements of spirometry and specific oxygen
saturation levels of the pilot immediately before and immediately
after each flight.
(9) The analysis of the safety and effectiveness of the
breathing system shall thoroughly assess any physiological effects
reported by pilots, including effects on health, fatigue,
cognition, and perception of any breathing difficulty.
(10) The testing and evaluation shall include the participation
of subject matter experts who have familiarity and technical
expertise regarding design and functions of the aircraft, its
propulsion system, pilot breathing system, life support equipment,
human factors, and any other systems or subject matter the
Secretary determines necessary to conduct effective testing and
evaluation. At a minimum, such subject matter experts shall include
aerospace physiologists, engineers, flight surgeons, and
scientists.
(11) In carrying out the testing and evaluation, the Secretary
of Defense may seek technical support and subject matter expertise
from the Naval Air Systems Command, the Air Force Research
Laboratory, the Office of Naval Research, the National Aeronautics
and Space Administration, and any other organization or element of
the Department of Defense or the National Aeronautics and Space
Administration that the Secretary, in consultation with the
Administrator of the National Aeronautics and Space Administration,
determines appropriate to support the testing and evaluation.
(c) Corrective Actions.--Not later than 90 days after the submittal
of a final report under subsection (e) for an aircraft fleet, the
Secretary of Defense shall take such actions as are necessary to
correct all deficiencies, shortfalls, and gaps in the breathing system
that were discovered or reported as a result of the testing and
evaluation of such aircraft fleet under subsection (a).
(d) Preliminary Reports.--
(1) In general.--Not later than the date specified in paragraph
(2), for each aircraft fleet tested and evaluated under subsection
(a), the Secretary of Defense shall submit to the congressional
defense committees a separate preliminary report, based on the
initial results of such testing and evaluation, that includes--
(A) the initial findings and recommendations of the
Secretary;
(B) potential corrective actions that the Secretary of
Defense may carry out to address deficiencies in the breathing
system of the aircraft tested; and
(C) the results of initial review and assessment, conducted
by the Administrator of the National Aeronautics and Space
Administration for purposes of the report, of--
(i) the testing and evaluation plans, execution,
processes, data, and technical results of the testing and
evaluation activities under subsection (a); and
(ii) the initial findings, recommendations, and
potential corrective actions determined by the Secretary of
Defense under subparagraphs (A) and (B).
(2) Date specified.--The date specified in this paragraph is
the earlier of--
(A) a date selected by the Secretary of the Air Force that
is not later than 180 days after the testing and evaluation of
the aircraft fleet under subsection (a) has been completed; or
(B) one year after the commencement of the testing and
evaluation of the aircraft fleet under subsection (a).
(e) Final Reports.--Not later than two years after the commencement
of the testing and evaluation under subsection (a) for an aircraft
fleet, the Secretary of Defense shall submit to the congressional
defense committees a final report on the results of such testing with
respect to such aircraft fleet that includes, based on the final
results of such testing and evaluation--
(1) findings and recommendations with respect to the breathing
system; and
(2) a description of the specific actions the Secretary will
carry out to correct deficiencies in the breathing system, as
required under subsection (c).
(f) Independent Review of Final Report.--
(1) In general.--The Secretary of Defense, in consultation with
the Administrator of the National Aeronautics and Space
Administration, shall seek to enter into an agreement with a
federally funded research and development center with relevant
expertise to conduct an independent sufficiency review of the final
reports submitted under subsection (e).
(2) Report to secretary.--Not later than seven months after the
date on which the Secretary of Defense enters into an agreement
with a federally funded research and development center under
paragraph (1), the center shall submit to the Secretary a report on
the results of the review conducted under such paragraph.
(3) Report to congress.--Not later than 30 days after the date
on which the Secretary of Defense receives the report under
paragraph (2), the Secretary shall submit the report to the
congressional defense committees.
SEC. 225. IDENTIFICATION OF THE HYPERSONICS FACILITIES AND
CAPABILITIES OF THE MAJOR RANGE AND TEST FACILITY BASE.
(a) Identification Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
identify each facility and capability of the Major Range and Test
Facility Base--
(1) the primary mission of which is the test and evaluation of
hypersonics technology; or
(2) that provides other test and evaluation capabilities to
support the development of hypersonics technology.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on a plan to improve the
capabilities identified under subsection (a), including--
(1) a schedule for such improvements; and
(2) a description of any organizational changes, investments,
policy changes, or other activities the Secretary proposes to carry
out as part of such plan.
(c) Major Range and Test Facility Base.--In this section, the term
``Major Range and Test Facility Base'' has the meaning given that term
in section 196(i) of title 10, United States Code.
SEC. 226. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms, processes,
and operations of the Department of Defense; and
(2) establish performance objectives and accompanying metrics
for the incorporation of artificial intelligence and digital
readiness into such platforms, processes, and operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the Secretary
of Defense shall require each Secretary of a military department
and the heads of such other organizations and elements of the
Department of Defense as the Secretary of Defense determines
appropriate to--
(A) conduct a comprehensive review and assessment of--
(i) skill gaps in the fields of software development,
software engineering, data science, and artificial
intelligence;
(ii) the qualifications of civilian personnel needed
for both management and specialist tracks in such fields;
and
(iii) the qualifications of military personnel (officer
and enlisted) needed for both management and specialist
tracks in such fields; and
(B) establish recruiting, training, and talent management
performance objectives and accompanying metrics for achieving
and maintaining staffing levels needed to fill identified gaps
and meet the needs of the Department for skilled personnel.
(2) AI modernization activities.--In carrying out subsection
(a), the Secretary of Defense shall--
(A) assess investment by the Department of Defense in
artificial intelligence innovation, science and technology, and
research and development;
(B) assess investment by the Department in test and
evaluation of artificial intelligence capabilities; and
(C) establish performance objectives and accompanying
metrics for artificial intelligence modernization activities of
the Department.
(3) Exercises, wargames, and experimentation.--In conjunction
with the activities of the Secretary of Defense under subsection
(a), the Chairman of the Joint Chiefs of Staff, in coordination
with the Director of the Joint Artificial Intelligence Center,
shall--
(A) assess the integration of artificial intelligence into
war-games, exercises, and experimentation; and
(B) develop performance objectives and accompanying metrics
for such integration.
(4) Logistics and sustainment.--In carrying out subsection (a),
the Secretary of Defense shall require the Under Secretary of
Defense for Acquisition and Sustainment, with support from the
Director of the Joint Artificial Intelligence Center, to--
(A) assess the application of artificial intelligence in
logistics and sustainment systems; and
(B) establish performance objectives and accompanying
metrics for integration of artificial intelligence in the
Department of Defense logistics and sustainment enterprise.
(5) Business applications.--In carrying out subsection (a), the
Secretary of Defense shall require the Under Secretary of Defense
(Comptroller), in coordination with the Director of the Joint
Artificial Intelligence Center, to--
(A) assess the integration of artificial intelligence for
administrative functions that can be performed with robotic
process automation and artificial intelligence-enabled
analysis; and
(B) establish performance objectives and accompanying
metrics for the integration of artificial intelligence in
priority business process areas of the Department of Defensee,
including the following:
(i) Human resources.
(ii) Budget and finance, including audit.
(iii) Retail.
(iv) Real estate.
(v) Health care.
(vi) Logistics.
(vii) Such other business processes as the Secretary
considers appropriate.
(c) Report to Congress.--Not later than 120 days after the
completion of the review required by subsection (a)(1), the Secretary
of Defense shall submit to the congressional defense committees a
report on--
(1) the findings of the Secretary with respect to the review
and any action taken or proposed to be taken by the Secretary to
address such findings; and
(2) the performance objectives and accompanying metrics
established under subsections (a)(2) and (b).
SEC. 227. MODIFICATION OF THE JOINT COMMON FOUNDATION PROGRAM.
(a) Modification of Joint Common Foundation.--The Secretary of
Defense shall modify the Joint Common Foundation program conducted by
the Joint Artificial Intelligence Center to ensure that Department of
Defense components can more easily contract with leading commercial
artificial intelligence companies to support the rapid and efficient
development and deployment of applications and capabilities.
(b) Qualifying Commercial Companies.--The Secretary of Defense
shall take such actions as may be necessary to increase the number of
commercial artificial intelligence companies eligible to provide
support to Department of Defense components, including with respect to
requirements for cybersecurity protections and processes, to achieve
automatic authority to operate and provide continuous delivery,
security clearances, data portability, and interoperability.
(c) Use of FAR Part 12.--The Secretary of Defense shall ensure
that, to the maximum extent practicable, commercial artificial
intelligence companies are able to offer platforms, services,
applications, and tools to Department of Defense components through
processes and procedures under part 12 of the Federal Acquisition
Regulation.
(d) Objectives of the Joint Common Foundation Program.--The
objectives of the Joint Common Foundation program shall include the
following:
(1) Relieving Department of Defense components of the need to
design or develop or independently contract for the computing and
data hosting platforms and associated services on and through which
the component at issue would apply its domain expertise to develop
specific artificial intelligence applications.
(2) Providing expert guidance to components in selecting
commercial platforms, tools, and services to support the
development of component artificial intelligence applications.
(3) Ensuring that leading commercial artificial intelligence
technologies and capabilities are easily and rapidly accessible to
components through streamlined contracting processes.
(4) Assisting components in designing, developing, accessing,
or acquiring commercial or non-commercial capabilities that may be
needed to support the operational use of artificial intelligence
applications.
(5) Enabling companies to develop software for artificial
intelligence applications within secure software development
environments that are controlled, sponsored, required, or specified
by the Department of Defense, including PlatformOne of the
Department of the Air Force
(e) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on actions taken to carry
out this section.
SEC. 228. EXECUTIVE EDUCATION ON EMERGING TECHNOLOGIES FOR SENIOR
CIVILIAN AND MILITARY LEADERS.
(a) Establishment of Course.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall
establish executive education activities on emerging technologies for
appropriate general and flag officers and senior executive-level
civilian leaders that are designed specifically to prepare new general
and flag officers and senior executive-level civilian leaders on
relevant technologies and how these technologies may be applied to
military and business activities in the Department of Defense.
(b) Plan for Participation.--
(1) In general.--The Secretary of Defense shall develop a plan
for participation in executive education activities established
under subsection (a).
(2) Requirements.--As part of such plan, the Secretary shall
ensure that, not later than five years after the date of the
establishment of the activities under subsection (a), all
appropriate general flag officers and senior executive-level
civilian leaders are--
(A) required to complete the executive education activities
under such subsection; and
(B) certified as having successfully completed the
executive education activities.
(c) Report.--
(1) In general.--Not later than the date that is three years
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the status of the implementation of the
activities required by subsection (a).
(2) Contents.--The report submitted under paragraph (1) shall
include the following:
(A) A description of the new general and flag officers and
senior executive-level civilian leaders for whom the education
activities have been designated.
(B) A recommendation with respect to continuing or
expanding the activities required under subsection (a).
SEC. 229. ACTIVITIES TO ACCELERATE DEVELOPMENT AND DEPLOYMENT OF
DUAL-USE QUANTUM TECHNOLOGIES.
(a) Activities Required.--The Secretary of Defense shall establish
a set of activities--
(1) to accelerate the development and deployment of dual-use
quantum capabilities;
(2) to ensure the approach of the United States to investments
of the Department of Defense in quantum information science
research and development reflects an appropriate balance between
scientific progress and the potential economic and security
implications of such progress;
(3) to ensure that the Department of Defense is fully aware and
has a technical understanding of the maturity and operational
utility of new and emerging quantum technologies; and
(4) to ensure the Department of Defense consistently has access
to the most advanced quantum capabilities available in the
commercial sector to support research and modernization activities.
(b) Assistance Program.--
(1) Program required.--In carrying out subsection (a) and
subject to the availability of appropriations for such purpose, the
Secretary of Defense shall, acting through the Director of the
Defense Advanced Research Projects Agency and in consultation with
appropriate public and private sector organizations, establish a
program under which the Secretary may award assistance to one or
more organizations--
(A) to identify defense applications for which dual-use
quantum technologies provide a clear advantage over competing
technologies;
(B) to accelerate development of such quantum technologies;
and
(C) to accelerate the deployment of dual-use quantum
capabilities.
(2) Form of assistance.--Assistance awarded under the program
required by paragraph (1) may consist of a grant, a contract, a
cooperative agreement, other transaction, or such other form of
assistance as the Secretary of Defense considers appropriate.
(3) Authorities and acquisition approaches.--The Secretary of
Defense may use the following authorities and approaches for the
program required by paragraph (1):
(A) Section 2374a of title 10, United States Code, relating
to prizes for advanced technology achievements.
(B) Section 2373 of such title, relating to procurement for
experimental purposes.
(C) Sections 2371 and 2371b of such title, relating to
transactions other than contracts and grants and authority of
the Department of Defense to carry out certain prototype
projects, respectively.
(D) Section 2358 of such title, relating to research and
development projects.
(E) Section 879 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note),
relating to defense pilot program for authority to acquire
innovative commercial products, technologies, and services
using general solicitation competitive procedures.
(F) Requirement for milestone payments based on technical
achievements.
(G) Requirement for cost share from private sector
participants in the program.
(H) Commercial procurement authority under part 12 of the
Federal Acquisition Regulation.
(I) Such other authorities or approaches as the Secretary
considers appropriate.
(4) Policies and procedures.--The Secretary of Defense shall,
in consultation with such experts from government and industry as
the Secretary considers appropriate, establish policies and
procedures to carry out the program required by paragraph (1).
(c) Briefing and Report.--
(1) Briefing.--Not later than March 1, 2022, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on the plan to carry out the activities required by
subsection (a) and the program required by subsection (b).
(2) Report.--Not later than December 31, 2022, and not less
frequently than once each year thereafter until December 31, 2026,
the Secretary of Defense shall submit to the congressional defense
committees a report on the activities carried out under subsection
(a) and the program carried out under subsection (b).
SEC. 230. NATIONAL GUARD PARTICIPATION IN MICROREACTOR TESTING AND
EVALUATION.
The Secretary of Defense may, in coordination with the Director of
the Strategic Capabilities Office and the Chief of the National Guard
Bureau, assemble a collection of four National Guard units to
participate in the testing and evaluation of a micro nuclear reactor
program.
SEC. 231. PILOT PROGRAM ON THE USE OF PRIVATE SECTOR PARTNERSHIPS
TO PROMOTE TECHNOLOGY TRANSITION.
(a) In General.--Consistent with section 2359 of title 10, United
States Code, the Secretary of Defense shall carry out a pilot program
to foster the transition of the science and technology programs,
projects, and activities of the Department of Defense from the
research, development, pilot, and prototyping phases into acquisition
activities and operational use. Under the pilot program, the Secretary
shall seek to enter into agreements with qualified private sector
organizations to support--
(1) matching technology developers with programs, projects, and
activities of the Department that may have a use for the technology
developed by such developers;
(2) providing technical assistance to appropriate parties on
participating in the procurement programs and acquisition processes
of the Department, including training and consulting on
programming, budgeting, contracting, requirements, and other
relevant processes and activities; and
(3) overcoming barriers and challenges facing technology
developers, including challenges posed by restrictions on accessing
secure facilities, networks, and information.
(b) Priority.--In carrying out the activities described in
paragraphs (1) through (3) of subsection (a), a qualified private
sector organization shall give priority to technology producers that
are small business concerns (as defined under section 3 of the Small
Business Act (15 U.S.C. 632)), research institutions (as defined in
section 9(e) of such Act), or institutions of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20 U.S.C
1001)).
(c) Terms of Agreements.--The terms of an agreement under
subsection (a) shall be determined by the Secretary of Defense.
(d) Data Collection.--
(1) Plan required before implementation.--The Secretary of
Defense may not enter into an agreement under subsection (a) until
the date on which the Secretary--
(A) completes a plan to for carrying out the data
collection required under paragraph (2); and
(B) submits the plan to the congressional defense
committees.
(2) Data collection required.--The Secretary of Defense shall
collect and analyze data on the pilot program under this section
for the purposes of--
(A) developing and sharing best practices for facilitating
the transition of science and technology from the research,
development, pilot, and prototyping phases into acquisition
activities and operational use within the Department of
Defense;
(B) providing information to the leadership of the
Department on the implementation of the pilot program and
related policy issues; and
(C) providing information to the congressional defense
committees as required under subsection (e).
(e) Briefing.--Not later than December 31, 2022, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on the progress of the Secretary in implementing the pilot
program under this section and any related policy issues.
(f) Consultation.--In carrying out the pilot program under this
section, the Secretary of Defense shall consult with--
(1) service acquisition executives (as defined in section 101
of title 10, United States Code);
(2) the heads of appropriate Defense Agencies and Department of
Defense Field Activities;
(3) procurement technical assistance centers (as described in
chapter 142 of title 10, United States Code); and
(4) such other individuals and organizations as the Secretary
determines appropriate.
(g) Termination.--The pilot program under this section shall
terminate on the date that is five years after the date on which
Secretary of Defense enters into the first agreement with a qualified
private sector organization under subsection (a).
(h) Comptroller General Assessment and Report.--
(1) Assessment.--The Comptroller General of the United States
shall conduct an assessment of the pilot program under this
section. The assessment shall include an evaluation of the
effectiveness of the pilot program with respect to--
(A) facilitating the transition of science and technology
from the research, development, pilot, and prototyping phases
into acquisition activities and operational use within the
Department of Defense; and
(B) protecting sensitive information in the course of the
pilot program.
(2) Report.--Not later than the date specified in paragraph
(3), the Comptroller General shall submit to the congressional
defense committees a report on the results of the assessment
conducted under paragraph (1).
(3) Date specified.--The date specified in this paragraph is
the earlier of--
(A) four years after the date on which the Secretary of
Defense enters into the first agreement with a qualified
private sector organization under subsection (a): or
(B) five years after the date of the enactment of this Act.
SEC. 232. PILOT PROGRAM ON DATA REPOSITORIES TO FACILITATE THE
DEVELOPMENT OF ARTIFICIAL INTELLIGENCE CAPABILITIES FOR THE
DEPARTMENT OF DEFENSE.
(a) Establishment of Data Repositories.--The Secretary of Defense,
acting through the Chief Data Officer of the Department of Defense and
the Director of the Joint Artificial Intelligence Center (and such
other officials as the Secretary determines appropriate), may carry out
a pilot program under which the Secretary--
(1) establishes data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
(2) allows appropriate public and private sector organizations
to access such data repositories for the purpose of developing
improved artificial intelligence and machine learning software
capabilities that may, as determined appropriate by the Secretary,
be procured by the Department to satisfy Department requirements
and technology development goals.
(b) Elements.--If the Secretary of Defense carries out the pilot
program under subsection (a), the data repositories established under
the program--
(1) may include unclassified training quality data sets and
associated labels representative of diverse types of information,
representing Department of Defense missions, business processes,
and activities; and
(2) shall--
(A) be categorized and annotated to support development of
a common evaluation framework for artificial intelligence
models and other technical software solutions;
(B) be made available to appropriate public and private
sector organizations to support rapid development of software
and artificial intelligence capabilities;
(C) include capabilities and tool sets to detect, evaluate,
and correct errors in data annotation, identify gaps in
training data used in model development that would require
additional data labeling, and evaluate model performance across
the life cycle of the data repositories; and
(D) be developed to support other missions and activities
as determined by the Secretary.
(c) Briefing.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on--
(1) whether the Secretary intends to carry out the pilot
program under this section;
(2) if the Secretary does not intend to carry out the pilot
program, an explanation of the reasons for such decision;
(3) if the Secretary does intend to carry out the pilot
program, or if the Secretary has already initiated the pilot
program as of the date of the briefing--
(A) the types of information the Secretary determines are
feasible and advisable to include in the data repositories
described in subsection (a); and
(B) the progress of the Secretary in carrying out the
program.
SEC. 233. PILOT PROGRAMS FOR DEPLOYMENT OF TELECOMMUNICATIONS
INFRASTRUCTURE TO FACILITATE 5G DEPLOYMENT ON MILITARY
INSTALLATIONS.
(a) Plans.--
(1) In general.--Not later than 180 days after enactment of
this Act, each Secretary of a military department shall submit to
the congressional defense committees a plan for a pilot program for
the deployment of telecommunications infrastructure to facilitate
the availability of fifth-generation wireless telecommunications
services on military installations under the jurisdiction of the
Secretary.
(2) Plan elements.--Each plan submitted under paragraph (1) by
a Secretary of a military department shall include, with respect to
such military department, the following:
(A) A list of military installations at which the pilot
program will be carried out, including at least one military
installation of the department.
(B) A description of authorities that will be used to
execute the pilot program.
(C) A timeline for the implementation and duration of the
pilot program.
(D) The identity of each telecommunication carrier that
intends to use the telecommunications infrastructure deployed
pursuant to the pilot to provide fifth-generation wireless
telecommunication services at each of the military
installations listed under subparagraph (A).
(E) An assessment of need for centralized processes and
points of contacts to facilitate deployment of the
telecommunications infrastructure.
(b) Pilot Programs Required.--Not later than one year after the
date of the enactment of this Act, each Secretary of a military
department shall establish a pilot program in accordance with the plan
submitted by the Secretary under subsection (a)(1).
(c) Reports.--
(1) In general.--Not later than 180 days after the date on
which a Secretary of a military department commences a pilot
program under subsection (b), and not less frequently than once
every 180 days thereafter until the completion of the pilot
program, the Secretary shall submit to the congressional defense
committees a report on the pilot program.
(2) Contents.--Each report submitted under paragraph (1) for a
pilot program shall include the following:
(A) A description of the status of the pilot program at
each military installation at which the pilot program is
carried out.
(B) A description of the use of, and services provided by,
telecommunications carriers of the telecommunications
infrastructure at each military installation under the pilot
program.
(C) Such additional information as the Secretary of the
military department considers appropriate.
(d) Telecommunications Infrastructure Defined.--In this section,
the term ``telecommunications infrastructure'' includes, at a minimum,
the following:
(1) Macro towers.
(2) Small cell poles.
(3) Distributed antenna systems.
(4) Dark fiber.
(5) Power solutions.
SEC. 234. LIMITATION ON DEVELOPMENT OF PROTOTYPES FOR THE
OPTIONALLY MANNED FIGHTING VEHICLE PENDING REQUIREMENTS ANALYSIS.
(a) Limitation.--The Secretary of the Army may not enter into a
contract for the development of a physical prototype for the Optionally
Manned Fighting Vehicle or any other next-generation infantry fighting
vehicle of the Army until a period of 30 days has elapsed following the
date on which the Secretary submits to the congressional defense
committees the report required under subsection (b).
(b) Report Required.--
(1) In general.--The Secretary of the Army shall submit to the
congressional defense committees a report on the analysis
supporting the determination of formal requirements or desired
characteristics for the Optionally Manned Fighting Vehicle refined
through the concept and detailed design phases of the acquisition
strategy.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed description of the formal requirements
applicable to the Optionally Manned Fighting Vehicle or desired
characteristics guiding the physical prototyping phase of the
program.
(B) A description of the analysis conducted to finalize
such requirements and characteristics.
(C) A description of Optionally Manned Fighting Vehicle-
equipped force structure designs and the operational concepts
analyzed during the vehicle concept design and detailed design
phases.
(D) A detailed description of the analysis conducted,
trade-offs considered, and conclusions drawn with respect to
the force structure designs and operational concepts,
survivability, mobility, lethality, payload, and combat
effectiveness in execution of the critical operational tasks
required of fighting-vehicle-equipped infantry.
(E) An assessment and comparison of the combat
effectiveness (including survivability, mobility, and
lethality) of combined arms company teams equipped with
Optionally Manned Fighting Vehicles compared to those equipped
with fully modernized Bradley Fighting Vehicles.
(c) Briefing Required.--At least 30 days prior to the submission of
the report under subsection (b), the Secretary of the Army shall
provide to the congressional defense committees a briefing on the
preliminary findings of the Secretary with respect to each element
specified in subsection (b)(2).
(d) Comptroller General Assessment.--Not later than 60 days after
the date on which the report under subsection (b) is submitted, the
Comptroller General of the United States shall submit to the
congressional defense committees a written assessment of the report,
including--
(1) an assessment of the objectivity, validity, and reliability
of the Army's analysis with respect to each element specified in
subsection (b)(2); and
(2) any other matters the Comptroller General determines
appropriate.
SEC. 235. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL FLIGHT TEST
EVENTS AND REDUCTIONS IN OPERATIONAL FLIGHT TEST CAPACITY.
(a) Limitation.--
(1) In general.--The Secretary of the Navy may not take any
action described in paragraph (2) until the date on which the
Director of Operational Test and Evaluation, in consultation with
the Secretary of the Navy, certifies to the congressional defense
committees that the use of non-test designated units to conduct
flight testing will not have any appreciable effect on--
(A) the cost or schedule of any naval aviation or naval
aviation-related program; or
(B) the efficacy of test execution, analysis, and
evaluation for any such program.
(2) Actions described.--The actions described in this paragraph
are the following:
(A) The delegation of any operational flight test event to
be conducted by a non-test designated unit.
(B) Any action that would reduce, below the levels
authorized and in effect on October 1, 2020, any of the
following:
(i) The aviation or aviation-related operational
testing and evaluation capacity of the Department of the
Navy.
(ii) The personnel billets assigned to support such
capacity.
(iii) The aviation force structure, aviation inventory,
or quantity of aircraft assigned to support such capacity,
including rotorcraft and fixed-wing aircraft.
(b) Report Required.--Not later than September 1, 2022, the
Director of Operational Test and Evaluation shall submit to the
congressional defense committees a report that assesses each of the
following as of the date of the report:
(1) The design and effectiveness of the testing and evaluation
infrastructure and capacity of the Department of the Navy,
including an assessment of whether such infrastructure and capacity
is sufficient to carry out the acquisition and sustainment testing
required for the aviation-related programs of the Department of
Defense and the naval aviation-related programs of the Department
of the Navy.
(2) The plans of the Secretary of the Navy to reduce the
testing and evaluation capacity and infrastructure of the Navy with
respect to naval aviation in fiscal year 2022 and subsequent fiscal
years, as specified in the budget of the President submitted to
Congress on May 28, 2021.
(3) The technical, fiscal, and programmatic issues and risks
associated with the plans of the Secretary of the Navy to delegate
and task non-test designated operational naval aviation units and
organizations to efficiently and effectively execute, analyze, and
evaluate testing and evaluation master plans for all aviation-
related programs and projects of the Department of the Navy.
(c) Non-test Designated Unit Defined.--In this section, the term
``non-test designated unit'' means a naval aviation unit that does not
have designated as its primary mission operational testing and
evaluation in support of naval aviation or naval aviation-related
projects and programs.
SEC. 236. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN C-130
AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Navy may be
obligated or expended to procure a C-130 aircraft for testing and
evaluation as a potential replacement for the E-6B aircraft until the
date on which all of the following conditions are met:
(1) The Secretary of the Navy has submitted to the
congressional defense committees a report that includes--
(A) the unit cost of each such C-130 test aircraft;
(B) the life cycle sustainment plan for such C-130
aircraft;
(C) a statement indicating whether such C-130 aircraft will
be procured using multiyear contracting authority under section
2306b of title 10, United States Code; and
(D) the total amount of funds needed to complete the
procurement of such C-130 aircraft.
(2) The Secretary of the Navy has certified to the
congressional defense committees that C-130 aircraft in the
inventory of the Air Force as of the date of the enactment of this
Act would not be capable of fulfilling all requirements under the
E-6B aircraft program of record.
(3) The Commander of the United States Strategic Command has
submitted to the congressional defense committees a report
identifying the plan for hardware that will replace the E-6B
aircraft while fulfilling all requirements under the E-6B program
of record.
SEC. 237. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B AIRCRAFT
PROGRAM PENDING SUBMISSION OF DOCUMENTATION.
(a) Documentation Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees an integrated master
schedule that has been approved by the Secretary for the VC-25B
presidential aircraft recapitalization program of the Air Force.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Air Force
for the VC-25B aircraft, not more than 50 percent may be obligated or
expended until the date on which the Secretary of the Air Force submits
to the congressional defense committees the documentation required
under subsection (a).
SEC. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR THE HIGH ACCURACY
DETECTION AND EXPLOITATION SYSTEM.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for research, development, test,
and evaluation for the Army for the High Accuracy Detection and
Exploitation System, not more than 75 percent may be obligated or
expended until the Vice Chairman of the Joint Chiefs of Staff certifies
to the congressional defense committees that--
(1) the High Accuracy Detection and Exploitation System enables
multi-domain operations for the Army and is consistent with the
Joint All Domain Command and Control strategy of the Department of
Defense; and
(2) in a conflict, the System will be able to operate at
standoff distances for survivability against enemy air defenses,
while providing signals intelligence, electronic intelligence,
communications intelligence, or synthetic aperture radar or moving
target indicator information to the ground component commander,
consistent with planned operational concepts.
Subtitle C--Plans, Reports, and Other Matters
SEC. 241. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is amended by
striking ``, through January 31, 2026''.
SEC. 242. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUISITION STRATEGY
FOR THE F-35A AIRCRAFT.
(a) In General.--Not later than 14 days after the date on which the
budget of the President for fiscal year 2023 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the Secretary
of the Air Force, in consultation with the Under Secretary of Defense
for Acquisition and Sustainment, shall submit to the congressional
defense committees a report on the integration of the Adaptive Engine
Transition Program propulsion system into the F-35A aircraft.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A competitive acquisition strategy, informed by fiscal
considerations, to--
(A) integrate the Adaptive Engine Transition Program
propulsion system into the F-35A aircraft; and
(B) begin, not later than fiscal year 2027, activities to
retrofit all F-35A aircraft with such propulsion system.
(2) An implementation plan to implement such strategy.
(3) A schedule annotating pertinent milestones and yearly
fiscal resource requirements for the implementation of such
strategy.
SEC. 243. ACQUISITION STRATEGY FOR AN ADVANCED PROPULSION SYSTEM
FOR F-35B AND F-35C AIRCRAFT.
(a) In General.--Not later than 14 days after the date on which the
budget of the President for fiscal year 2023 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the Secretary
of the Navy, in consultation with the Under Secretary of Defense for
Acquisition and Sustainment, shall submit to the congressional defense
committees a report on the integration of an advanced propulsion system
into F-35B and F-35C aircraft.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An analysis the effects of an advanced propulsion system on
the combat effectiveness and sustainment costs of F-35B and F-35C
aircraft, including any effects resulting from--
(A) increased thrust, fuel efficiency, thermal capacity,
and electrical generation; and
(B) improvements in acceleration, speed, range, and overall
mission effectiveness.
(2) An assessment of how the integration of an advanced
propulsion system may result in--
(A) a reduction in dependency on support assets, including
air refueling and replenishment tankers; and
(B) an overall cost benefit to the Department from reduced
acquisition and sustainment for such support assets.
(3) A competitive acquisition strategy (informed by fiscal
considerations, the assessment of combat effectiveness under
paragraph (1), and consideration of technical limitations)--
(A) to integrate an advanced propulsion system into F-35B
aircraft and F-35C aircraft;
(B) to begin, not later than fiscal year 2027, activities
to produce all F-35B aircraft and all F-35C aircraft with such
propulsion systems; and
(C) to begin, not later than fiscal year 2027, activities
to retrofit all F-35B aircraft and all F-35C aircraft with such
propulsion systems.
(c) Advanced Propulsion System Defined.--In this section, term
``advanced propulsion system'' means--
(1) a derivative of the propulsion system developed for the F-
35 aircraft under the Adaptive Engine Transition Program of the Air
Force; or
(2) a derivative of a propulsion system previously developed
for the F-35 aircraft.
SEC. 244. ASSESSMENT OF THE DEVELOPMENT AND TEST ENTERPRISE OF THE
AIR FORCE RESEARCH LABORATORY.
(a) Assessment Required.--The Secretary of the Air Force shall
conduct an assessment of the ability of the Air Force Research
Laboratory to effectively carry out development and testing activities
with respect to the capabilities of the Space Force specific to space
access and space operations.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report on the results of the
assessment conducted under subsection (a). The report shall include an
explanation of--
(1) any challenges to the development and testing capabilities
of the Air Force Research Laboratory as described subsection (a),
including any challenges relating to test activities and
infrastructure;
(2) any changes to the organizational structure of the
Laboratory that may be needed to enable the laboratory to
adequately address the missions of both the Space Force and the Air
Force generally, and the amount of funding, if any, required to
implement such changes;
(3) any barriers to the recapitalization of the testing
infrastructure of the Laboratory; and
(4) the plans of the Secretary to address the issues identified
under paragraphs (1) through (3).
SEC. 245. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE TEST AND
EVALUATION ORGANIZATIONS, FACILITIES, AND LABORATORIES.
(a) Study Required.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall direct the
Defense Science Board to carry out a study on the resources and
capabilities of the test and evaluation organizations, facilities,
and laboratories of the Department of Defense.
(2) Participation.--Participants in the study conducted under
paragraph (1) shall include the following:
(A) Such members of the Defense Science Board as the
Chairman of the Board considers appropriate for the study.
(B) Such additional temporary members or contracted support
as the Secretary--
(i) selects from those recommended by the Chairman for
purposes of the study; and
(ii) considers to have significant technical, policy,
or military expertise relevant to defense test and
evaluation missions.
(3) Elements.--The study conducted under paragraph (1) shall
include the following:
(A) Assessment of the effectiveness of current
developmental testing, operational testing, and integrated
testing within the Department of Defense in meeting statutory
objectives and the test and evaluation requirements of the
Adaptive Acquisition Framework.
(B) Identification of industry and government best
practices for conducting developmental testing, operational
testing, and integrated testing.
(C) Potential applicability of industry and government best
practices for conducting developmental testing, operational
testing, and integrated testing within the Department to
improve test and evaluation outcomes.
(D) Identification of duplication of efforts and other non-
or low-value added activities that reduce speed and
effectiveness of test and evaluation activities.
(E) Assessment of test and evaluation oversight
organizations within the Office of the Secretary of Defense,
including their authorities, responsibilities, activities,
resources, and effectiveness, including with respect to
acquisition programs of the military departments and Defense
Agencies.
(F) Assessment of the research, development, test, and
evaluation infrastructure master plan required under section
252 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2358 note).
(F) Development and assessment of potential courses of
action to improve the effectiveness of oversight of
developmental testing, operational testing, and integrated
testing activities, and test and evaluation resources within
the Office of the Secretary of Defense, including as one such
course of action establishing a single integrated office with
such responsibilities.
(G) Development of such recommendations as the Defense
Science Board may have for legislative changes, authorities,
organizational realignments, and administrative actions to
improve test and evaluation oversight and capabilities, and
facilitate better test and evaluation outcomes.
(H) Such other matters as the Secretary considers
appropriate.
(4) Access to information.--The Secretary of Defense shall
provide the Defense Science Board with timely access to appropriate
information, data, resources, and analysis so that the Board may
conduct a thorough and independent analysis as required under this
subsection.
(5) Report.--
(A) Report of board.--Not later than one year after the
date on which the Secretary of Defense directs the Defense
Science Board to conduct the study under paragraph (1), or
December 1, 2022, whichever occurs earlier, the Board shall
transmit to the Secretary a final report on the study.
(B) Submittal to congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the final
report under subparagraph (A), the Secretary shall submit to
the congressional defense committees such report and such
comments as the Secretary considers appropriate.
(b) Briefing Required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall provide the
congressional defense committees a briefing on the schedule and plan to
execute activities under this section.
SEC. 246. REPORT ON AUTONOMY INTEGRATION IN MAJOR WEAPON SYSTEMS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on activities to resource and
integrate autonomy software into appropriate systems to enable the
continued operational capability of such systems in GPS-denied
environments by fiscal year 2025.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a list of systems, to be selected by the Secretary of
Defense, which can be integrated with autonomy software as
described in subsection (a) by fiscal year 2025;
(2) timelines for integrating autonomy software into the
systems as identified under paragraph (1);
(3) funding requirements related to the development,
acquisition, and testing of autonomy software for such systems;
(4) plans to leverage advanced artificial intelligence
technologies, as appropriate, for such systems;
(5) plans for ensuring the safety and security of such systems
equipped with autonomy software, including plans for testing,
evaluation, validation, and verification of such systems; and
(6) a list of Department of Defense policies in effect as of
the date of the report that would need to be modified or revoked in
order to implement the software integration described in subsection
(a).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 247. REPORTS AND BRIEFINGS ON RECOMMENDATIONS OF THE NATIONAL
SECURITY COMMISSION ON ARTIFICIAL INTELLIGENCE REGARDING THE
DEPARTMENT OF DEFENSE.
(a) Reports Required.--On an annual basis during the two-year
period beginning on the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report on the recommendations made by the National
Security Commission on Artificial Intelligence with respect to the
Department of Defense. Each such report shall include--
(1) for each such recommendation, a determination of whether
the Secretary of Defense intends to implement the recommendation;
(2) in the case of a recommendation the Secretary intends to
implement, the intended timeline for implementation, a description
of any additional resources or authorities required for such
implementation, and the plan for such implementation;
(3) in the case of a recommendation the Secretary determines is
not advisable or feasible, the analysis and justification of the
Secretary in making that determination; and
(4) in the case of a recommendation the Secretary determines
the Department is already implementing through a separate line of
effort, the analysis and justification of the Secretary in making
that determination.
(b) Briefings Required.--Not less frequently than once each year
during the two-year period beginning on the date of the enactment of
this Act, the Secretary of Defense shall provide to the congressional
defense committees a briefing on--
(1) the progress of the Secretary in analyzing and implementing
the recommendations made by the National Security Commission on
Artificial Intelligence with respect to the Department of Defense;
(2) any programs, projects, or other activities of the
Department that are being carried out to advance the
recommendations of the Commission; and
(3) the amount of funding provided for such programs, projects,
and activities.
TITLE III--OPERATION AND MAINTENANCE
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Inclusion of impacts on military installation resilience in
the National Defense Strategy and associated documents.
Sec. 312. Energy efficiency targets for Department of Defense data
centers.
Sec. 313. Grants for maintaining or improving military installation
resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy
resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost
savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in
contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership
program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill
Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major
military installations.
Sec. 320. Demonstration program on domestic production of rare earth
elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at
certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.
Subtitle C--National Security Climate Resilience
Sec. 331. Definitions.
Sec. 332. Climate Resilience Infrastructure Initiative of the Department
of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber
attacks or disruptions in reports on national technology and
industrial base.
Sec. 334. Climate resilience in planning, engagement strategies,
infrastructure, and force development of Department of
Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department of
Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for Toxic
Substances and Disease Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances, polyfluoroalkyl substances, and
aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 346. Review of agreements with non-Department entities with respect
to prevention and mitigation of spills of aqueous film-forming
foam.
Sec. 347. Comptroller General study on Department of Defense procurement
of certain items containing certain PFAS substances.
Sec. 348. Report on schedule for completion of remediation of
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and
polyfluoroalkyl substances at certain military installations.
Subtitle E--Logistics and Sustainment
Sec. 351. Mitigation of contested logistics challenges of the Department
of Defense through reduction of operational energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for
corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard
Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment
costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment
efforts.
Subtitle F--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense
regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency of
special operations forces.
Subtitle G--Other Matters
Sec. 371. Military Aviation and Installation Assurance Clearinghouse
matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working
dogs.
Sec. 374. Extension of temporary authority to extend contracts and
leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean
training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on
preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics,
techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 380. Authority for activities to improve next generation radar
systems capabilities.
Sec. 381. Pilot program on military working dog and explosives detection
canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLATION RESILIENCE
IN THE NATIONAL DEFENSE STRATEGY AND ASSOCIATED DOCUMENTS.
(a) National Defense Strategy and Defense Planning Guidance.--
Section 113(g) of title 10, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by striking ``actors,'' and inserting
``actors, and the current or projected threats to military
installation resilience,''; and
(B) by inserting after clause (ix), the following new
clause:
``(x) Strategic goals to address or mitigate the current
and projected risks to military installation resilience.''; and
(2) in paragraph (2)(A), in the matter preceding clause (i), by
striking ``priorities,'' and inserting ``priorities, including
priorities relating to the current or projected risks to military
installation resilience,''.
(b) National Defense Sustainment and Logistics Review.--
(1) In general.--The first section 118a of such title is
amended--
(A) in subsection (a), by striking ``capabilities,'' and
inserting ``capabilities, response to risks to military
installation resilience,'';
(B) by redesignating such section, as amended by
subparagraph (A), as section 118b; and
(C) by moving such section so as to appear after section
118a.
(2) Clerical and conforming amendments.--
(A) Clerical amendments.--The table of sections for chapter
2 of such title is amended--
(i) by striking the first item relating to section
118a; and
(ii) by inserting after the item relating to section
118a the following new item:
``118b. National Defense Sustainment and Logistics Review.''.
(B) Conforming amendment.--Section 314(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) is amended by striking ``section
118a'' and inserting ``section 118b''.
(c) Chairman's Risk Assessment.--Section 153(b)(2)(B) of title 10,
United States Code, is amended by inserting after clause (vi) the
following new clause:
``(vii) Identify and assess risk resulting from, or likely
to result from, current or projected effects on military
installation resilience.''.
(d) Strategic Decisions Relating to Military Installations.--The
Secretary of each military department, with respect to any installation
under the jurisdiction of that Secretary, and the Secretary of Defense,
with respect to any installation of the Department of Defense that is
not under the jurisdiction of the Secretary of a military department,
shall consider the strategic risks associated with military
installation resilience.
(e) National Defense Strategy and National Military Strategy.--The
Secretary of Defense, in coordination with the heads of such other
Federal agencies as the Secretary determines appropriate, shall
incorporate the security implications of military installation
resilience into the National Defense Strategy and the National Military
Strategy.
(f) National Security Planning Documents.--The Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall consider the
security implications associated with military installation resilience
in developing the Defense Planning Guidance under section 113(g)(2) of
title 10, United States Code, the Risk Assessment of the Chairman of
the Joint Chiefs of Staff under section 153(b)(2) of such title, and
other relevant strategy, planning, and programming documents and
processes.
(g) Campaign Plans of Combatant Commands.--The Secretary of Defense
shall ensure that the national security implications associated with
military installation resilience are integrated into the campaign plans
of the combatant commands.
(h) Report on Security Implications Associated With Military
Installation Resilience.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report describing how the aspects of military
installation resilience have been incorporated into modeling,
simulation, war-gaming, and other analyses by the Department of
Defense.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(i) Modification to Annual Report Related to Installations Energy
Management, Energy Resilience, and Mission Assurance and Readiness.--
(1) Modification.--Section 2925(a) of title 10, United States
Code, is amended--
(A) by redesignating paragraph (8) as paragraph (10); and
(B) by inserting after paragraph (7) the following new
paragraphs:
``(8) A description of the effects on military readiness, and
an estimate of the financial costs to the Department of Defense,
reasonably attributed to adverse impacts to military installation
resilience during the year preceding the submission of the report,
including loss of or damage to military networks, systems,
installations, facilities, and other assets and capabilities of the
Department.
``(9) An assessment of vulnerabilities to military installation
resilience.''.
(2) Use of assessment tool.--The Secretary shall use the
Climate Vulnerability and Risk Assessment Tool of the Department
(or such successor tool) in preparing each report under section
2925(a) of title 10, United States Code (as amended by paragraph
(1)).
(j) Definitions.--In this section:
(1) The term ``military installation resilience'' has the
meaning given that term in section 101(e) of title 10, United
States Code.
(2) The term ``National Defense Strategy'' means the national
defense strategy under section 113(g)(1) of such title.
(3) The term ``National Military Strategy'' means the national
military strategy under section 153(b) of such title.
SEC. 312. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT OF DEFENSE DATA
CENTERS.
(a) Energy Efficiency Targets for Data Centers.--
(1) In general.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by adding at the end the following
new section:
``Sec. 2921. Energy efficiency targets for data centers
``(a) Covered Data Centers.--(1) For each covered data center, the
Secretary of Defense shall--
``(A) develop a power usage effectiveness target for the data
center, based on location, resiliency, industry standards, and best
practices;
``(B) develop a water usage effectiveness target for the data
center, based on location, resiliency, industry standards, and best
practices;
``(C) develop other energy efficiency or water usage targets
for the data center based on industry standards and best practices,
as applicable to meet energy efficiency and resiliency goals;
``(D) identify potential renewable or clean energy resources,
or related technologies such as advanced battery storage capacity,
to enhance resiliency at the data center, including potential
renewable or clean energy purchase targets based on the location of
the data center; and
``(E) identify any statutory, regulatory, or policy barriers to
meeting any target under any of subparagraphs (A) through (C).
``(2) The Secretary of Defense shall ensure that targets developed
under paragraph (1) are consistent with guidance issued by the
Secretary of Energy.
``(3) In this subsection, the term `covered data center' means a
data center of the Department of Defense that--
``(A) is one of the 50 data centers of the Department with the
highest annual power usage rates; and
``(B) has been established before the date of the enactment of
this section.
``(b) New Data Centers.--(1) Except as provided in paragraph (2),
in the case of any Department of Defense data center established on or
after the date of the enactment of this section, the Secretary of
Defense shall establish energy, water usage, and resiliency-related
standards that the data center shall be required to meet based on
location, resiliency, industry and Federal standards, and best
practices. Such standards shall include--
``(A) power usage effectiveness standards;
``(B) water usage effectiveness standards; and
``(C) any other energy or resiliency standards the Secretary
determines are appropriate.
``(2) The Secretary may waive the requirement for a Department data
center established on or after the date of the enactment of this
section to meet the standards established under paragraph (1) if the
Secretary--
``(A) determines that such waiver is in the national security
interest of the United States; and
``(B) submits to the Committee on Armed Services of the House
of Representatives notice of such waiver and the reasons for such
waiver.''.
(2) Clerical amendment.--The table of sections at the beginning
of such subchapter is amended by inserting after the item relating
to section 2920 the following new item:
``2921. Energy efficiency targets for data centers.''.
(b) Inventory of Data Facilities.--
(1) Inventory required.--By not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
conduct an inventory of all data centers owned or operated by the
Department of Defense. Such survey shall include the following:
(A) A list of data centers owned or operated by the
Department of Defense.
(B) For each such data center, the earlier of the following
dates:
(i) The date on which the data center was established.
(ii) The date of the most recent capital investment in
new power, cooling, or compute infrastructure at the data
center.
(C) The total average annual power use, in kilowatts, for
each such data center.
(D) The number of data centers that measure power usage
effectiveness and, for each such data center, the power usage
effectiveness for the center.
(E) The number of data centers that measure water usage
effectiveness and, for each such data center, the water usage
effectiveness for the center.
(F) A description of any other existing energy efficiency
or efficient water usage metrics used by any data center and
the applicable measurements for any such center.
(G) An assessment of the facility resiliency of each data
center, including redundant power and cooling facility
infrastructure.
(H) Any other matters determined relevant by the Secretary.
(c) Report.--Not later than 180 days after the completion of the
inventory required under subsection (b), the Secretary of Defense shall
submit to the Committee on Armed Services of the House of
Representatives a report on the inventory and the energy assessment
targets under section 2921(a) of title 10, United States Code, as added
by subsection (a). Such report shall include the following:
(1) A timeline of necessary actions required to meet the energy
assessment targets for covered data centers.
(2) The estimated costs associated with meeting such targets.
(3) An assessment of the business case for meeting such
targets, including any estimated savings in operational energy and
water costs and estimated reduction in energy and water usage if
the targets are met.
(4) An analysis of any statutory, regulatory, or policy
barriers to meeting such targets identified pursuant to section
2921(a)(E) of title 10, United States Code, as added by subsection
(a).
(d) Data Center Defined.--In this section, the term ``data center''
has the meaning given such term in the most recent Integrated Data
Collection guidance of the Office of Management and Budget.
SEC. 313. GRANTS FOR MAINTAINING OR IMPROVING MILITARY INSTALLATION
RESILIENCE.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by adding at the end the following
new subparagraph:
``(D) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds, in order to
assist a State or local government in planning, enhancing
infrastructure, and implementing measures and projects (to include
resilience measures and projects involving the protection, restoration,
and maintenance of natural features) that, as determined by the
Secretary of Defense, will contribute to maintaining or improving
military installation resilience or will prevent or mitigate
encroachment that could affect operations of the Department of
Defense.''; and
(2) in subsection (e)(1), by striking ``subsection (b)(1)(D)''
and inserting ``paragraphs (1)(D) and (E) and (5)(D) of subsection
(b) and subsection (d)''.
SEC. 314. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN EVALUATING
ENERGY RESILIENCE MEASURES.
(a) In General.--Section 2911 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(i) Assessment of Life-cycle Costs and Performance of Potential
Energy Resilience Projects.--(1) Subject to the availability of
appropriations, the Secretary of Defense shall develop and institute a
process to ensure that the Department of Defense, when evaluating
energy resilience measures, uses analytical tools that are accurate and
effective in projecting the costs and performance of such measures.
``(2) Analytical tools used under paragraph (1) shall be--
``(A) designed to--
``(i) provide an accurate projection of the costs and
performance of the energy resilience measure being analyzed;
``(ii) be used without specialized training; and
``(iii) produce resulting data that is understandable and
usable by the typical source selection official;
``(B) consistent with standards and analytical tools commonly
applied by the Department of Energy and by commercial industry;
``(C) adaptable to accommodate a rapidly changing technological
environment;
``(D) peer reviewed for quality and precision and measured
against the highest level of development for such tools; and
``(E) periodically reviewed and updated, but not less
frequently than once every three years.''.
(b) Reporting Requirement.--If amounts are appropriated to carry
out the requirements under subsection (i) of section 2911 of title 10,
United States Code, as added by subsection (a), not later than
September 30, 2022, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the execution by the Secretary of such
requirements.
SEC. 315. AUTHORITY TO TRANSFER AMOUNTS DERIVED FROM ENERGY COST
SAVINGS.
Section 2912 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``until expended'' and
inserting ``for that fiscal year and the succeeding fiscal year'';
and
(2) by adding at the end the following new subsection:
``(e) Transfer of Amounts.--(1) The Secretary of Defense may
transfer amounts described in subsection (a) that remain available for
obligation to other funding accounts of the Department of Defense if
the purpose for which such amounts will be used is a purpose specified
in subsection (b) or (c).
``(2) Amounts transferred to a funding account of the Department
under paragraph (1) shall be available for obligation for the same
period as amounts in that account.
``(3) At the end of each fiscal year, the Secretary of Defense
shall submit to Congress a report detailing any funds transferred
pursuant to paragraph (1) during that fiscal year, including a detailed
description of the purpose for which such amounts have been used.''.
SEC. 316. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN PITS
IN CONTINGENCY OPERATIONS OUTSIDE THE UNITED STATES.
Section 317(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2701 note) is amended by adding
at the end the following new paragraphs:
``(3) Exemption authority for certain locations.--
``(A) In general.--The Secretary may exempt a location from
the prohibition under paragraph (1) if the Secretary determines
it is in the paramount interest of the United States to do so.
``(B) Nondelegation.--The Secretary may not delegate the
authority under subparagraph (A).
``(4) Reporting requirement for location exemptions.--
``(A) In general.--Not later than 30 days after granting an
exemption pursuant to paragraph (3)(A) with respect to the use
of an open-air burn pit at a location, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a written report that identifies--
``(i) the location of the open-air burn pit;
``(ii) the number of personnel of the United States
assigned to the location where the open-air burn pit is
being used;
``(iii) the size and expected duration of use of the
open-air burn pit;
``(iv) the personal protective equipment or other
health risk mitigation efforts that will be used by members
of the armed forces when airborne hazards are present,
including how such equipment will be provided when
required; and
``(v) the need for the open-air burn pit and rationale
for granting the exemption.
``(B) Form.--A report submitted under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.''.
SEC. 317. EXPANSION OF PURPOSES OF SENTINEL LANDSCAPES PARTNERSHIP
PROGRAM TO INCLUDE RESILIENCE.
(a) In General.--Section 317 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a note) is
amended--
(1) in subsection (a), in the first sentence, by inserting
``and restore'' after ``to preserve'';
(2) in subsection (c)--
(A) by inserting ``resilience,'' after ``benefit of
conservation,''; and
(B) by inserting ``, resilience,'' after ``land
management'';
(3) in subsection (d), in the second sentence, by inserting
``by an eligible landowner or agricultural producer'' after
``Participation'';
(4) by redesignating subsection (e) as subsection (f);
(5) by inserting after subsection (d) the following new
subsection (e):
``(e) Participation by Other Agencies.--Other Federal agencies with
programs addressing conservation or resilience may, and are encouraged
to--
``(1) participate in the activities of the Sentinel Landscapes
Partnership; and
``(2) become full partners in the Sentinel Landscapes
Partnership.''; and
(6) in subsection (f), as redesignated by paragraph (4), by
adding at the end the following new paragraph:
``(4) Resilience.--The term `resilience' means the capability
to avoid, prepare for, minimize the effect of, adapt to, and
recover from extreme weather events, flooding, wildfire, or other
anticipated or unanticipated changes in environmental
conditions.''.
(b) Inclusion of Program Information in Certain Annual Reports.--
Section 2684a(g)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F); and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Information concerning the activities undertaken pursuant
to the Sentinel Landscapes Partnership established under section
317 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2684a note).''.
(c) Conservation and Cultural Activities.--Section 2694 of title
10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or involves a
sentinel landscape'' before the semicolon; and
(ii) in subparagraph (B), by inserting ``or that would
contribute to maintaining or improving military
installation resilience'' before the semicolon; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or nature-based
climate resilience plans'' before the period; and
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) by striking ``single ecosystem that
encompasses'' and inserting ``single ecosystem--
``(I) that encompasses'';
(bb) by redesignating clause (ii) as subclause
(II) and moving such subclause, as so redesignated,
two ems to the right; and
(cc) in subclause (II), as redesignated by item
(bb), by striking the period at the end and
inserting ``; or''; and
(II) by adding at the end the following new clause
(ii):
``(ii) for one or more ecosystems within a sentinel
landscape.''; and
(2) by adding at the end the following new subsection:
``(e) Sentinel Landscape Defined.--In this section, the term
`sentinel landscape' has the meaning given that term in section 317(f)
of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 10 U.S.C. 2684a note).''.
SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT RED
HILL BULK FUEL STORAGE FACILITY, HAWAI`I.
(a) Sense of Congress.--In order to fully effectuate national
security, assure the maximum safe utilization of the Red Hill Bulk Fuel
Storage Facility in Honolulu, Hawai`i, and fully address concerns as to
potential impacts of the facility on public health, it is the sense of
Congress that the Secretary of the Navy and the Defense Logistics
Agency should--
(1) operate and maintain the Red Hill Bulk Fuel Storage
Facility to the highest standard possible; and
(2) require safety inspections to be conducted more frequently
based on the corrosion rate of the piping and overall condition of
the pipeline system and support equipment at the facility.
(b) Inspection Requirement.--
(1) Inspection required.--The Secretary of the Navy shall
direct the Naval Facilities Engineering Command to conduct an
inspection of the pipeline system, supporting infrastructure, and
appurtenances, including valves and any other corrosion prone
equipment, at the Red Hill Bulk Fuel Storage Facility.
(2) Inspection agent; standards.--The inspection required by
this subsection shall be performed--
(A) by an independent American Petroleum Institute
certified inspector who will present findings of the inspection
and options to the Secretary of the Navy for improving the
integrity of the Red Hill Bulk Fuel Storage Facility and its
appurtenances; and
(B) in accordance with the Unified Facilities Criteria
(UFC-3-460-03) and American Petroleum Institute 570 inspection
standards.
(3) Exception.--The inspection required by this subsection
excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.
(c) Life-cycle Sustainment Plan.--In conjunction with the
inspection required by subsection (b), the Naval Facilities Engineering
Command shall prepare a life-cycle sustainment plan for the Red Hill
Bulk Fuel Storage Facility, which shall consider the current condition
and service life of the tanks, pipeline system, and support equipment.
(d) Consideration of Alternatives to Red Hill Bulk Fuel Storage
Facility.--The Secretary of Defense shall conduct an assessment of
possible alternatives to the Red Hill Bulk Fuel Storage Facility for
bulk fuel storage, including consideration of at least three locations
outside of the State of Hawai`i. The assessment shall be based on the
overall requirement to support the fuel requirements of the Pacific
Fleet, the costs and timeline for recapitalization of the Red Hill Bulk
Fuel Storage Facility to the standards delineated in subsection
(b)(2)(B), and the costs and timeline to establish an alternative
location for secure bulk fuel storage.
(e) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) the results of the independent inspection of the Red Hill
Bulk Fuel Storage Facility conducted under subsection (b);
(2) the life-cycle sustainment plan prepared by the Naval
Facilities Engineering Command under subsection (c);
(3) the results of the assessment conducted by the Secretary
under subsection (d) of possible alternatives to the Red Hill Bulk
Fuel Storage Facility; and
(4) options on improving the security and maintenance of the
Red Hill Bulk Fuel Storage Facility.
SEC. 319. ENERGY, WATER, AND WASTE NET-ZERO REQUIREMENT FOR MAJOR
MILITARY INSTALLATIONS.
(a) Requirement.--The Secretary of Defense shall improve military
installation efficiency, performance, and management by ensuring that
at least 10 percent of major military installations achieve energy net-
zero and water or waste net-zero by fiscal year 2035.
(b) Study on Requirement.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall seek to enter into a
contract with a federally funded research and development center to
carry out a study on the net-zero requirement specified in
subsection (a) that assesses, at a minimum, the following:
(A) Potential methods or strategies to achieve such
requirement by the fiscal year 2035 deadline.
(B) The resiliency of major military installations subject
to such requirement with respect to grid or other utility
disruptions.
(C) The life-cycle costs related to such requirement.
(D) Computation methods for determining such life-cycle
costs.
(E) Such other matters as the federally funded research and
development center carrying out the study determines
appropriate.
(2) Deadline.--The study under paragraph (1) shall be completed
by not later than February 1, 2023.
(3) Briefing.--Upon completion of the study under paragraph
(1), the Secretary shall provide to the Committees on Armed
Services of the House of Representatives and Senate a briefing on
the findings of the study.
(c) Status Report and Briefings on Progress Toward Meeting Current
Goal Regarding Use of Renewable Energy to Meet Facility Energy Needs.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and Senate a
report on the progress the Secretary has made toward meeting the
goal described in section 2911(g)(1)(A) of title 10, United States
Code, with respect to fiscal year 2025.
(2) Briefings.--During fiscal year 2022 and each succeeding
fiscal year through fiscal year 2025, the Secretary shall provide
to the Committees on Armed Services of the House of Representatives
and Senate a briefing on the progress the Secretary has made toward
meeting the goal described in section 2911(g)(1)(A) of title 10,
United States Code, with respect to fiscal year 2025.
(d) Major Military Installation Defined.--In this section, the term
``major military installation'' has the meaning given to the term
``large site'' in the most recent version of the Department of Defense
Base Structure Report issued before the date of the enactment of this
Act.
SEC. 320. DEMONSTRATION PROGRAM ON DOMESTIC PRODUCTION OF RARE
EARTH ELEMENTS FROM COAL BYPRODUCTS.
(a) Demonstration Program Required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense shall
commence carrying out a demonstration program on recovering rare earth
elements and critical minerals from acid mine drainage and other coal
byproducts.
(b) Partnership.--In carrying out the demonstration program
required by subsection (a), the Secretary shall seek to enter into a
partnership with one or more institutions of higher education that can
demonstrate techniques for recovering rare earth elements and critical
minerals from acid mine drainage and other coal byproducts, as the
Secretary considers applicable.
(c) Elements.--The demonstration program required by subsection (a)
shall address the following:
(1) The efficacy of separating rare earth elements and critical
minerals from acid mine drainage.
(2) The feasibility of bringing such technology to
commercialized scale.
(3) Domestic locations that are appropriate for the deployment
of such technology.
(4) The ability of such technology to meet the requirements of
the defense industrial base to supplement the rare earth element
and critical mineral needs of the Department of Defense.
(d) Duration.--The demonstration program required by subsection (a)
shall be carried out during the one-year period beginning on the date
of the commencement of the demonstration program.
(e) Briefing.--Not later than 120 days after the date of the
completion of the demonstration program required by subsection (a), the
Secretary and the program manager of the institute of higher education
with whom the Secretary partners pursuant to subsection (b) shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the elements of the demonstration
program set forth under subsection (c).
SEC. 321. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.
(a) Establishment of Initiative.--Not later than March 1, 2022, the
Secretary of Defense shall establish a demonstration initiative
composed of demonstration projects focused on the development of long-
duration energy storage technologies.
(b) Selection of Projects.--To the maximum extent practicable, in
selecting demonstration projects to participate in the demonstration
initiative under subsection (a), the Secretary of Defense shall--
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level,
behind-the-meter, microgrid (grid-connected or islanded mode), and
off-grid applications.
(c) Joint Program.--
(1) Establishment.--As part of the demonstration initiative
under subsection (a), the Secretary of Defense, in consultation
with the Secretary of Energy, shall establish within the Department
of Defense a joint program to carry out projects--
(A) to demonstrate promising long-duration energy storage
technologies at different scales to promote energy resiliency;
and
(B) to help new, innovative long-duration energy storage
technologies become commercially viable.
(2) Memorandum of understanding.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall enter into a memorandum of understanding with the Secretary
of Energy to administer the joint program.
(3) Infrastructure.--In carrying out the joint program, the
Secretary of Defense and the Secretary of Energy shall--
(A) use existing test-bed infrastructure at--
(i) installations of the Department of Defense; and
(ii) facilities of the Department of Energy; and
(B) develop new infrastructure for identified projects, if
appropriate.
(4) Goals and metrics.--The Secretary of Defense and the
Secretary of Energy shall develop goals and metrics for
technological progress under the joint program consistent with
energy resilience and energy security policies.
(5) Selection of projects.--
(A) In general.--To the maximum extent practicable, in
selecting projects to participate in the joint program, the
Secretary of Defense and the Secretary of Energy may--
(i) ensure that projects are carried out under
conditions that represent a variety of environments with
different physical conditions and market constraints; and
(ii) ensure an appropriate balance of--
(I) larger, operationally-scaled projects, adapting
commercially-proven technology that meets military
service defined requirements; and
(II) smaller, lower-cost projects.
(B) Priority.--In carrying out the joint program, the
Secretary of Defense and the Secretary of Energy shall give
priority to demonstration projects that--
(i) make available to the public project information
that will accelerate deployment of long-duration energy
storage technologies that promote energy resiliency; and
(ii) will be carried out as field demonstrations fully
integrated into the installation grid at an operational
scale.
SEC. 322. PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK EMISSIONS AT
CERTAIN MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may conduct a pilot
program (to be known as the ``Installations Emissions Tracking
Program'') to evaluate the feasibility and effectiveness of software
and emerging technologies and methodologies to track real-time
emissions from military installations and installation assets.
(b) Goals.--The goals of the Installations Emissions Tracking
Program shall be--
(1) to evaluate the capabilities of software and emerging
technologies and methodologies to effectively track emissions in
real time; and
(2) to reduce energy costs and increase efficiencies.
(c) Locations.--If the Secretary conducts the Installations
Emissions Tracking Program, the Secretary shall select, for purposes of
the Program, four major military installations located in different
geographical regions of the United States.
SEC. 323. DEPARTMENT OF DEFENSE PLAN TO REDUCE GREENHOUSE GAS
EMISSIONS.
(a) Plan Required.--Not later than September 30, 2022, the
Secretary of Defense shall submit to Congress a plan to reduce the
greenhouse gas emissions of the Department of Defense.
(b) Briefings.--The Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate annual
briefings on the progress of the Department of Defense toward meeting
science-based emissions targets in the plan required by subsection (a).
Subtitle C--National Security Climate Resilience
SEC. 331. DEFINITIONS.
In this subtitle:
(1) The terms ``climate resilience'' and ``extreme weather''
have the meanings given such terms in section 101(a) of title 10,
United States Code, as amended by section 332.
(2) The term ``climate security'' has the meaning given such
term in the second subsection (e) of section 120 of the National
Security Act of 1947 (50 U.S.C. 3060(e)).
(3) The term ``military installation resilience'' has the
meaning given such term in section 101(e) of title 10, United
States Code.
SEC. 332. CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE OF THE
DEPARTMENT OF DEFENSE.
(a) Climate Resilience Infrastructure Initiative.--Chapter 136 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2285. Department of Defense Climate Resilience Infrastructure
Initiative
``(a) Designation.--The programs, practices, and activities carried
out pursuant to this section shall be known collectively as the
`Climate Resilience Infrastructure Initiative of the Department of
Defense'.
``(b) Hardening and Quick Recovery.--In carrying out military
installation resilience plans pursuant to section 2864 of this title,
the Secretary of Defense shall ensure that the development by the
Department of Defense of requirements for backup utilities,
communications, and transportation to ensure that the critical
infrastructure of Department facilities is hardened, developed, and
constructed for quick recovery from natural disasters and the impacts
of extreme weather.
``(d) Sustainment and Modernization.--The Secretary shall develop
sustainment and modernization requirements for facilities of the
Department in connection with climate resilience.
``(e) Collaboration in Planning With Local Communities.--The
Secretary shall develop, within existing frameworks for collaborative
activities between military installations and State and local
communities, and in addition to the requirements of section 2864(c) of
this title, a framework that authorizes and directs installation
commanders to engage with State, regional, and local agencies, and with
local communities, on planning for climate resilience, to enhance
efficient response to impacts of extreme weather and secure
collaborative investment in infrastructure that is resilient to the
current and projected impacts of extreme weather.
``(f) Testing and Training Range Lands.--
``(1) Practices for sustainment of lands.--The Secretary shall
develop and implement practices to sustain the lands of the
military testing and training ranges of the Department, and the
lands of testing and training ranges on State-owned National Guard
installations, through the adaptation and resilience of such lands
to the current and projected impacts of extreme weather to ensure
the ongoing availability of such lands to military personnel,
weapon systems, and equipment for testing and training purposes.
``(2) Training and education on sustainment of lands.--The
Secretary shall develop a program of training and education for
members of the Armed Forces (including the reserve components) on
the importance of the sustainment of the lands of the military
testing and training ranges as described in paragraph (1).
``(3) Investment in resilience of lands.--The Secretary shall
use existing programs of the Department, including the Readiness
and Environmental Protection Integration Program of the Department
(or such successor program), to provide for investments determined
appropriate by the Secretary in the lands of the military testing
and training ranges, to increase the resilience and adaptation of
such lands to the current and projected impacts of extreme weather
for testing and training purposes in connection with current and
projected testing and training requirements in the short- and long-
term.
``(b) Use of Certain Technologies.--The Secretary shall take
appropriate actions to increase the use of low emission, emission-free,
and net-zero-emission energy technologies in the operations, programs,
projects, and activities of the Department, provided the use is cost
effective over the life-cycle of the investment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2285. Department of Defense Climate Resilience Infrastructure
Initiative.''.
(c) Definitions.--Section 101(a) of title 10, United States Code,
is amended by adding at the end the following new paragraphs:
``(19) The term `climate resilience' means the capability to
avoid, prepare for, minimize the effect of, adapt to, and recover
from, extreme weather, or from anticipated or unanticipated changes
in environmental conditions, that do (or have the potential to)
adversely affect the national security of the United States or of
allies and partners of the United States.
``(20) The term `extreme weather' means recurrent flooding,
drought, desertification, wildfires, thawing permafrost, sea level
fluctuation, changes in mean high tides, or any other weather-
related event, or anticipated change in environmental conditions,
that present (or are projected to present) a recurring annual
threat to the climate security of the United States or of allies
and partners of the United States.''.
SEC. 333. INCLUSION OF INFORMATION REGARDING EXTREME WEATHER AND
CYBER ATTACKS OR DISRUPTIONS IN REPORTS ON NATIONAL TECHNOLOGY
AND INDUSTRIAL BASE.
Section 2504(3)(B) of title 10, United States Code, is amended by
inserting ``(including vulnerabilities related to the current and
projected impacts of extreme weather and to cyber attacks or
disruptions)'' after ``industrial base''.
SEC. 334. CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT STRATEGIES,
INFRASTRUCTURE, AND FORCE DEVELOPMENT OF DEPARTMENT OF DEFENSE.
(a) Climate Challenges and Climate Resilience in Key Processes of
Department of Defense.--The Secretary of Defense shall direct that the
acquisition, budget planning and execution, infrastructure planning and
sustainment, force development, engagement strategy development,
security assistance, and other core processes of the Department of
Defense fully consider and make needed adjustments to account for
current and emerging climate and environmental challenges and to ensure
the climate resilience of assets and capabilities of the Department, to
include cost effectiveness over the life cycle of the investment
weighed against threat reduction.
(b) Climate Resilience Mission Impact Assessment.--
(1) In general.--The Secretary shall conduct a mission impact
assessment on climate resilience for the Department.
(2) Elements.--The assessment conducted under paragraph (1)
shall include the following:
(A) An assessment of the direct impacts of extreme weather
on the deployment and operations of the Armed Forces, and the
manner in which extreme weather may impact the requirements of
the commanders of the combatant commands in the respective
areas of responsibility of such commanders, including--
(i) an assessment of the evolving posture of peer
competitors and impacts to deployment and operations of
peer competitors due to extreme weather;
(ii) an assessment of the impacts of expanding
requirements for Department humanitarian assistance and
disaster response due to extreme weather;
(iii) a threat assessment of the impacts of extreme
weather, drought, and desertification on regional
stability;
(iv) an assessment of risks to home station strategic
and operational support area readiness, including the
strategic highway network, the strategic rail network, and
strategic air and sea ports; and
(v) the development of standards for data collection to
assist decision-making processes for research, development,
and acquisition priorities for installation and
infrastructure resilience to extreme weather.
(B) A long-term strategic plan, including war games and
exercises, centered on climate-driven crises, and a long-term
assessment of climate security by the Office of Net Assessment
of the Department.
(C) A review outlining near-term and long-term needs for
research, development, and deployment for equipment and other
measures required to assure the resilience of the assets and
capabilities of the Department and each component thereof, and
of key elements of the defense industrial base and supporting
transportation networks, to the impacts of extreme weather.
(c) Reports.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and every five years thereafter, the
Chairman of the Joint Chiefs of Staff shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the broader strategic and operational
impacts of extreme weather on the Department, measures to address
such impacts, and progress in implementing new technologies and
platforms, training and education methods, and data collection and
dissemination for each military department to meet the respective
mission requirements of the department.
(2) Research, development, and deployment needs.--Each report
required by paragraph (1) shall identify research, development, and
deployment needs for each combatant command and functional command.
SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF
DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall direct the
Secretary of each military department to--
(1) assess the vulnerability of installations and other
facilities under the jurisdiction of such Secretary, and of State-
owned National Guard installations, to the current and projected
impacts of extreme weather, using vulnerability and risk assessment
tools chosen or developed pursuant to section 326 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1310);
(2) assess the infrastructure required for successful operation
of such installations and facilities in response to any such
vulnerabilities and ensure the military installation resilience of
such installations and facilities; and
(3) develop installation-specific plans pursuant to section
2864(c) of title 10, United States Code, and similar plans for
State-owned National Guard installations, to address such
vulnerabilities.
(b) Facility Assessment.--In carrying out subsection (a), the
Secretary of each military department shall determine the needs of the
military installations and other facilities under the jurisdiction of
such Secretary, and of State-owned National Guard installations, based
on the level of risks posed by the current and projected impacts of
extreme weather, the likelihood of such risks, and the role of such
installations and facilities in maintaining overall readiness and
operational capability.
(c) Considerations.--In carrying out the assessments and developing
the plans required under this section, the Secretary of Defense shall
ensure that the cost effectiveness over the life-cycle of the
investment, and the feasibility of solutions and technologies, are
considered.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL
SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new sections:
``Sec. 2714. Perfluoroalkyl substances and polyfluoroalkyl substances
task force
``(a) In General.--The Secretary of Defense shall establish a task
force to address the effects of the release of perfluoroalkyl
substances and polyfluoroalkyl substances from activities of the
Department of Defense (in this section referred to as the `PFAS Task
Force').
``(b) Membership.--The members of the PFAS Task Force are the
following:
``(1) The Assistant Secretary of Defense for Energy,
Installations, and Environment.
``(2) The Assistant Secretary of the Army for Installations,
Energy, and Environment.
``(3) The Assistant Secretary of the Navy for Energy,
Installations, and Environment.
``(4) The Assistant Secretary of the Air Force for
Installations, Environment, and Energy.
``(5) The Assistant Secretary of Defense for Health Affairs.
``(c) Chairman.--The Assistant Secretary of Defense for Energy,
Installations, and Environment shall be the chairman of the PFAS Task
Force.
``(d) Support.--The Under Secretary of Defense for Personnel and
Readiness and such other individuals as the Secretary of Defense
considers appropriate shall support the activities of the PFAS Task
Force.
``(e) Duties.--The duties of the PFAS Task Force are the following:
``(1) Monitoring the health aspects of exposure to
perfluoroalkyl substances and polyfluoroalkyl substances, as found
by the Secretary of Health and Human Services.
``(2) Identifying, and funding the procurement of, an effective
alternative to firefighting foam containing perfluoroalkyl
substances or polyfluoroalkyl substances.
``(3) Coordinating within the Department of Defense with
respect to mitigating the effects of the release of perfluoroalkyl
substances and polyfluoroalkyl substances.
``(4) Assessing the perceptions of Congress and the public of
the efforts of the Department of Defense with respect to mitigating
the effects of the release of perfluoroalkyl substances and
polyfluoroalkyl substances from activities of the Department.
``(f) Report.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, and quarterly thereafter, the Chairman of the PFAS Task Force
shall submit to Congress a report on the activities of the task force.
``(g) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
``Sec. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl
substances at military installations and facilities of the National
Guard
``(a) In General.--Not later than two years after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, the Secretary of Defense shall complete preliminary assessment
and site inspection testing for perfluoroalkyl substances and
polyfluoroalkyl substances at all military installations and facilities
of the National Guard located in the United States that are identified
as of March 31, 2021, as having a release of perfluoroalkyl substances
or polyfluoroalkyl substances.
``(b) Determination of Contamination.--Testing conducted under
subsection (a) at a military installation or facility of the National
Guard shall determine--
``(1) whether the installation or facility has contamination
from a perfluoroalkyl substance or polyfluoroalkyl substance; and
``(2) whether activities in connection with such installation
or facility have caused contamination from a perfluoroalkyl
substance or polyfluoroalkyl substance outside of such installation
or facility.
``(c) Additional Response Actions.--Testing conducted under
subsection (a) shall provide at least a preliminary basis for
determining whether additional environmental response actions are
necessary to address contamination from a perfluoroalkyl substance or
polyfluoroalkyl substance.
``(d) Type of Testing.--When testing for perfluoroalkyl substances
or polyfluoroalkyl substances under subsection (a) or any other
provision of law, the Secretary shall use a method to measure for all
perfluoroalkyl substances or polyfluoroalkyl substances in drinking
water that has been validated by the Administrator of the Environmental
Protection Agency.
``(e) Definitions.--In this section:
``(1) The term `military installation' has the meaning given
such term in section 2801(c)(4) of this title.
``(2) The terms `perfluoroalkyl substance' and `polyfluoroalkyl
substance' have the meanings given such terms in section 2714 of
this title.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following new items:
``2714. Perfluoroalkyl substances and polyfluoroalkyl substances task
force.
``2715. Testing for perfluoroalkyl substances and polyfluoroalkyl
substances at military installations and facilities of the
National Guard.''.
(c) Reports on Status of Testing.--
(1) Submission.--For each of fiscal years 2022 through 2024,
the Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the status
of the testing conducted under section 2715(a) of title 10, United
States Code (as added by subsection (a)), during such year.
(2) Matters.--Each report submitted under paragraph (1) shall
identify, with respect to testing conducted under such section
2715(a)--
(A) each military installation or facility where testing
has been completed;
(B) each military installation or facility where testing
has not yet been completed;
(C) the projected completion date for testing at military
installations or facilities where testing has not yet been
completed;
(D) the results of testing at military installations or
facilities where testing has been completed; and
(E) the actions planned, and the projected timelines for
such actions, for each military installation or facility to
address contamination by a perfluoroalkyl substance or
polyfluoroalkyl substance.
(3) Timing.--Each report under paragraph (1) shall be submitted
not later than January 1 of the fiscal year immediately following
the fiscal year covered by the report.
(4) Limitation on delegation.--The Secretary may delegate the
responsibility for preparing the reports required by paragraph (1)
only to the Deputy Secretary of Defense.
(5) Definitions.--In this subsection, the terms ``military
installation'', ``perfluoroalkyl substance'', and ``polyfluoroalkyl
substance'' have the meanings given such terms in section 2715 of
title 10, United States Code (as added by subsection (a)).
SEC. 342. EXTENSION OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL
SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC
SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B)(ii) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307), and section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended by striking ``fiscal years
2019, 2020, and 2021'' and inserting ``fiscal years 2019 through
2023''.
SEC. 343. TEMPORARY MORATORIUM ON INCINERATION BY DEPARTMENT OF
DEFENSE OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL SUBSTANCES,
AND AQUEOUS FILM FORMING FOAM.
(a) Temporary Moratorium.--Beginning not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense shall
prohibit the incineration of covered materials until the earlier of the
following:
(1) The date on which the Secretary issues guidance
implementing--
(A) the interim guidance on the destruction and disposal of
PFAS and materials containing PFAS published by the
Administrator of the Environmental Protection Agency under
section 7361 of the National Defense Authorization Act for
Fiscal Year 2020 (15 U.S.C. 8961); and
(B) section 330 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note).
(2) The date on which the Administrator of the Environmental
Protection Agency publishes in the Federal Register a final rule
regarding the destruction and disposal of such materials pursuant
to such section.
(b) Required Adoption of Final Rule.--Upon publication of the final
rule specified in subsection (a)(2), the Secretary shall adopt such
final rule, regardless of whether the Secretary previously implemented
the interim guidance specified in subsection (a)(1)(A).
(c) Report.--Not later than one year after the enactment of this
Act, and annually thereafter for three years, the Secretary shall
submit to the Administrator and the Committees on Armed Services of the
Senate and the House of Representatives a report on all incineration by
the Department of Defense of covered materials during the year covered
by the report, including--
(1) the total amount of covered materials incinerated;
(2) the temperature range specified in the permit where the
covered materials were incinerated;
(3) the locations and facilities where the covered materials
were incinerated;
(4) details on actions taken by the Department of Defense to
implement section 330 of the National Defense Authorization Act for
Fiscal Year 2020; and
(5) recommendations for the safe storage of PFAS and PFAS-
containing materials prior to destruction and disposal.
(d) Scope.--The prohibition in subsection (a) and reporting
requirements in subsection (c) shall apply not only to materials sent
directly by the Department of Defense to an incinerator, but also to
materials sent to another entity or entities, including any waste
processing facility, subcontractor, or fuel blending facility, prior to
incineration.
(e) Definitions.--In this section:
(1) The term ``AFFF'' means aqueous film forming foam.
(2) The term ``covered material'' means any AFFF formulation
containing PFAS, material contaminated by AFFF release, or spent
filter or other PFAS-contaminated material resulting from site
remediation or water filtration that--
(A) has been used by the Department of Defense or a
military department;
(B) is being discarded for disposal by the Department of
Defense or a military department; or
(C) is being removed from sites or facilities owned or
operated by the Department of Defense.
(3) The term ``PFAS'' means per- or polyfluoroalkyl substances.
SEC. 344. REVIEW AND GUIDANCE RELATING TO PREVENTION AND MITIGATION
OF SPILLS OF AQUEOUS FILM-FORMING FOAM.
(a) Review Required.--Not later than 180 days of after the date of
the enactment of this Act, the Secretary of Defense shall complete a
review of the efforts of the Department of Defense to prevent or
mitigate spills of aqueous film-forming foam (in this section referred
to as ``AFFF''). Such review shall assess the following:
(1) The preventative maintenance guidelines for fire trucks of
the Department and fire suppression systems in buildings of the
Department, to mitigate the risk of equipment failure that may
result in a spill of AFFF.
(2) Any requirements for the use of personal protective
equipment by personnel when conducting a material transfer or
maintenance activity of the Department that may result in a spill
of AFFF, or when conducting remediation activities for such a
spill, including requirements for side-shield safety glasses, latex
gloves, and respiratory protection equipment.
(3) The methods by which the Secretary ensures compliance with
guidance specified in material safety data sheets with respect to
the use of such personal protective equipment.
(b) Guidance.--Not later than 90 days after the date on which the
Secretary completes the review under subsection (a), the Secretary
shall issue guidance on the prevention and mitigation of spills of AFFF
based on the results of such review that includes, at a minimum, best
practices and recommended requirements to ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance activity of
the Department of Defense that may result in such a spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities for the Department in the vicinity of such drains or
basins.
(3) The storage of materials for the cleanup and containment of
AFFF in close proximity to fire suppression systems in buildings of
the Department and the presence of such materials during any
transfer or activity specified in paragraph (1).
(c) Briefing.--Not later than 30 days after the date on which the
Secretary issues the guidance under subsection (b), the Secretary shall
provide to the congressional defense committees a briefing that
summarizes the results of the review conducted under subsection (a) and
the guidance issued under subsection (b).
SEC. 345. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF DEFENSE
TESTING OF WATER FOR PERFLUOROALKYL OR POLYFLUOROALKYL
SUBSTANCES.
(a) Public Disclosure of Results.--
(1) In general.--Except as provided in paragraph (2), not later
than 20 days after the receipt of a final result of testing water
for perfluoroalkyl or polyfluoroalkyl substances (commonly referred
to as ``PFAS'') in a covered area, the Secretary of Defense shall
publicly disclose such final result, including--
(A) the results of all such testing conducted in the
covered area by the Department of Defense; and
(B) the results of all such testing conducted in the
covered area by a non-Department entity (including any Federal
agency and any public or private entity) under a contract, or
pursuant to an agreement, with the Department of Defense.
(2) Consent by private property owners.--The Secretary of
Defense may not publicly disclose the results of testing for
perfluoroalkyl or polyfluoroalkyl substances conducted on private
property without the consent of the property owner.
(b) Public Disclosure of Planned Testing of Water.--Not later than
180 days after the date of the enactment of the Act, and every 90 days
thereafter, the Secretary of Defense shall publicly disclose the
anticipated timeline for, and general location of, any planned testing
for perfluoroalkyl or polyfluoroalkyl substances proposed to be
conducted in a covered area, including--
(1) all such testing to be conducted by the Department of
Defense; and
(2) all such testing to be conducted by a non-Department entity
(including any Federal agency and any public or private entity)
under a contract, or pursuant to an agreement, with the Department.
(c) Nature of Disclosure.--The Secretary of Defense may satisfy the
disclosure requirements under subsections (a) and (b) by publishing the
results and information referred to in such subsections--
(1) on the publicly available website established under section
331(b) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C 2701 note);
(2) on another publicly available website of the Department of
Defense; or
(3) in the Federal Register.
(d) Local Notification.--Prior to conducting any testing of water
for perfluoroalkyl or polyfluoroalkyl substances, including any testing
which has not been planned or publicly disclosed pursuant to subsection
(b), the Secretary of Defense shall provide notice of the testing to--
(1) the managers of the public water system serving the covered
area where such testing is to occur;
(2) the heads of the municipal government serving the covered
area where such testing is to occur; and
(3) as applicable, the members of the restoration advisory
board for the military installation where such testing is to occur.
(e) Methods for Testing.--In testing water for perfluoroalkyl or
polyfluoroalkyl substances, the Secretary of Defense shall adhere to
methods for measuring the amount of such substances in drinking water
that have been validated by the Administrator of the Environmental
Protection Agency.
(f) Definitions.--In this section:
(1) The term ``covered area'' means an area in the United
States that is located immediately adjacent to and down gradient
from a military installation, a formerly used defense site, or a
facility where military activities are conducted by the National
Guard of a State pursuant to section 2707(e) of title 10, United
States Code.
(2) The term ``formerly used defense site'' means any site
formerly used by the Department of Defense or National Guard
eligible for environmental restoration by the Secretary of Defense
funded under the ``Environmental Restoration Account, Formerly Used
Defense Sites'' account established under section 2703(a)(5) of
title 10, United States Code.
(3) The term ``military installation'' has the meaning given
such term in section 2801(c)(4) of title 10, United States Code.
(4) The term ``perfluoroalkyl or polyfluoroalkyl substance''
means any man-made chemical with at least one fully fluorinated
carbon atom.
(5) The term ``public water system'' has the meaning given such
term under section 1401(4) of the Safe Drinking Water Act (42
U.S.C. 300f(4)).
(6) The term ``restoration advisory board'' means a restoration
advisory board established pursuant to section 2705(d) of title 10,
United States Code.
SEC. 346. REVIEW OF AGREEMENTS WITH NON-DEPARTMENT ENTITIES WITH
RESPECT TO PREVENTION AND MITIGATION OF SPILLS OF AQUEOUS FILM-
FORMING FOAM.
(a) Review Required.--Not later than 180 days of after the date of
the enactment of this Act, the Secretary of Defense shall complete a
review of mutual support agreements entered into with non-Department of
Defense entities (including State and local entities) that involve fire
suppression activities in support of missions of the Department.
(b) Matters.--The review under subsection (a) shall assess, with
respect to the agreements specified in such subsection, the following:
(1) The preventative maintenance guidelines specified in such
agreements for fire trucks and fire suppression systems, to
mitigate the risk of equipment failure that may result in a spill
of aqueous film-forming foam (in this section referred to as
``AFFF'').
(2) Any requirements specified in such agreements for the use
of personal protective equipment by personnel when conducting a
material transfer or maintenance activity pursuant to the agreement
that may result in a spill of AFFF, or when conducting remediation
activities for such a spill, including requirements for side-shield
safety glasses, latex gloves, and respiratory protection equipment.
(3) The methods by which the Secretary, or the non-Department
entity with which the Secretary has entered into the agreement,
ensures compliance with guidance specified in the agreement with
respect to the use of such personal protective equipment.
(c) Guidance.--Not later than 90 days after the date on which the
Secretary completes the review under subsection (a), the Secretary
shall issue guidance (based on the results of such review) on
requirements to include under the agreements specified in such
subsection, to ensure the prevention and mitigation of spills of AFFF.
Such guidance shall include, at a minimum, best practices and
recommended requirements to ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance activity
carried out pursuant to such an agreement that may result in such a
spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities pursuant to such an agreement in the vicinity of such
drains or basins.
(3) The storage of materials for the cleanup and containment of
AFFF in close proximity to fire suppression systems in buildings of
the Department and the presence of such materials during any
transfer or activity specified in paragraph (1).
(d) Briefing.--Not later than 30 days after the date on which the
Secretary issues the guidance under subsection (c), the Secretary shall
provide to the congressional defense committees a briefing that
summarizes the results of the review conducted under subsection (a) and
the guidance issued under subsection (c).
SEC. 347. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF DEFENSE
PROCUREMENT OF CERTAIN ITEMS CONTAINING CERTAIN PFAS SUBSTANCES.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the procurement by the Department of Defense of
certain items that contain covered PFAS substances.
(b) Elements.--In conducting the study under subsection (a), the
Comptroller General shall assess the following:
(1) The extent to which information is available to the
Department of Defense regarding the presence of covered PFAS
substances in the items procured by the Department.
(2) The challenges, if any, that exist in identifying the
presence of covered PFAS substances in the items the Department
procures, including whether there are certain categories of items
that are more readily identified than others as containing such
substances.
(3) The extent to which the Department has examined the
feasibility of prohibiting the procurement of items containing
covered PFAS substances.
(4) Such other topics as may be determined necessary by the
Comptroller General.
(c) Items.--In conducting the study under subsection (a), the
Comptroller General shall, to the extent practicable, examine
information relating to the consideration by the Department of Defense
of such substances in the following items:
(1) Furniture or floor waxes.
(2) Car wax and car window treatments.
(3) Cleaning products.
(4) Shoes and clothing for which treatment with a covered PFAS
substance is not necessary for an essential function.
(d) Briefing and Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate an interim briefing on the study conducted under subsection (a),
including any preliminary observations. After such interim briefing,
the Comptroller General shall submit to the committees a report on the
study at a date mutually agreed upon by the Comptroller General and the
committees.
(e) Covered PFAS Substance Defined.--In this section, the term
``covered PFAS substance'' means any of the following:
(1) Perfluorononanoic acid (PFNA).
(2) Perfluorooctanoic acid (PFOA).
(3) Perfluorohexanoic acid (PFHxA).
(4) Perfluorooctane sulfonic acid (PFOS).
(5) Perfluorohexane sulfonate (PFHxS).
(6) Perfluorobutane sulfonic acid (PFBS).
(7) GenX.
SEC. 348. REPORT ON SCHEDULE FOR COMPLETION OF REMEDIATION OF
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing a proposed schedule for the
completion of remediation of perfluoroalkyl substances and
polyfluoroalkyl substances, and the associated cost estimates to
perform such remediation, at military installations, facilities of the
National Guard, and formerly used defense sites in the United States
that are identified as of March 31, 2021, as having a release of
perfluoroalkyl substances or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) The term ``military installation'' has the meaning given
such term in section 2801(c)(4) of title 10, United States Code.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
SEC. 349. REPORT ON REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES AT CERTAIN MILITARY INSTALLATIONS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report identifying the status of efforts to remediate
perfluoroalkyl substances and polyfluoroalkyl substances at the
following locations:
(1) England Air Force Base, Louisiana.
(2) Naval Air Weapons Station China Lake, California.
(3) Patrick Air Force Base, Florida.
(4) Myrtle Beach Air Force Base, South Carolina.
(5) Langley Air Force Base, Virginia.
(6) Naval Air Station Jacksonville, Florida.
(7) Niagara Falls Air Reserve Station, New York.
(8) Grand Prairie Armed Forces Reserve Complex, Texas.
(9) Altus Air Force Base, Oklahoma.
(10) Charleston Air Force Base, South Carolina.
(11) Barksdale Air Force Base, Louisiana.
(12) Plattsburgh Air Force Base, New York.
(13) Tyndall Air Force Base, Florida.
(14) Sheppard Air Force Base, Texas.
(15) Columbus Air Force Base, Mississippi.
(16) Chanute Air Force Base, Illinois.
(17) Marine Corps Air Station Tustin, California.
(18) Travis Air Force Base, California.
(19) Ellsworth Air Force Base, South Dakota.
(20) Minot Air Force Base, North Dakota.
(21) Westover Air Reserve Base, Massachusetts.
(22) Eaker Air Force Base, Arkansas.
(23) Naval Air Station Alameda, California.
(24) Eielson Air Force Base, Alaska.
(25) Horsham Air Guard Station, Pennsylvania.
(26) Vance Air Force Base, Oklahoma.
(27) Dover Air Force Base, Delaware.
(28) Edwards Air Force Base, California.
(29) Robins Air Force Base, Georgia.
(30) Joint Base McGuire-Dix-Lakehurst, New Jersey.
(31) Galena Air Force Base, Alaska.
(32) Naval Research Laboratory Chesapeake Bay Detachment,
Maryland.
(33) Buckley Air Force Base, Colorado.
(34) Arnold Air Force Base, Tennessee.
(35) Tinker Air Force Base, Oklahoma.
(36) Fairchild Air Force Base, Washington.
(37) Vandenberg Air Force Base, California.
(38) Hancock Field Air National Guard Base, New York.
(39) F.E. Warren Air Force Base, Wyoming.
(40) Nevada Air National Guard Base, Nevada.
(41) K.I. Sawyer Air Force Base, Michigan.
(42) Pease Air Force Base, New Hampshire.
(43) Whiteman Air Force Base, Missouri.
(44) Wurtsmith Air Force Base, Michigan.
(45) Shepherd Field Air National Guard Base, West Virginia.
(46) Naval Air Station Whidbey Island-Ault Field, Washington.
(47) Rosecrans Air National Guard Base, Missouri.
(48) Joint Base Andrews, Maryland.
(49) Iowa Air National Guard Base, Iowa.
(50) Stewart Air National Guard Base, New York.
(b) Definitions.--In this section:
(1) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(2) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
Subtitle E--Logistics and Sustainment
SEC. 351. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE
DEPARTMENT OF DEFENSE THROUGH REDUCTION OF OPERATIONAL ENERGY
DEMAND.
(a) Clarification of Operational Energy Responsibilities.--Section
2926 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``in contested logistics
environments'' after ``missions''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Authorities'' and
inserting ``Responsibilities'';
(B) in the matter preceding paragraph (1), by striking
``may'' and inserting ``shall'';
(C) by amending paragraph (1) to read as follows:
``(1) require the Secretaries concerned and the commanders of
the combatant commands to assess the energy supportability in
contested logistics environments of systems, capabilities, and
plans;'';
(D) in paragraph (2), by inserting `` supportability in
contested logistics environments,'' after ``power,''; and
(E) in paragraph (3), by inserting ``in contested logistics
environments'' after ``vulnerabilities''.
(b) Establishment of Working Group.--Such section is further
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting ``
and in coordination with the working group under subsection
(d)'' after ``components'';
(B) in paragraph (1), by striking ``Defense and oversee''
and inserting ``Defense, including the activities of the
working group established under subsection (d), and oversee'';
(C) in paragraph (2), by inserting ``, taking into account
the findings of the working group under subsection (d)'' after
``Defense''; and
(D) in paragraph (3), by inserting ``, taking into account
the findings of the working group under subsection (d)'' after
``resilience'';
(2) by redesignating subsections (d) through (f) as subsections
(e) through (g), respectively;
(3) by inserting after subsection (c), as amended by paragraph
(1), the following new subsection:
``(d) Working Group.--(1) The Secretary of Defense shall establish
a working group to integrate efforts to mitigate contested logistics
challenges through the reduction of operational energy demand that are
carried out within each armed force, across the armed forces, and with
the Office of the Secretary of Defense and to conduct other coordinated
functions relating to such efforts.
``(2) The head of the working group under paragraph (1) shall be
the Assistant Secretary of Defense for Energy, Installations, and
Environment. The Assistant Secretary shall supervise the members of the
working group and provide guidance to such members with respect to
specific operational energy plans and programs to be carried out
pursuant to the strategy under subsection (e).
``(3) The members of the working group under paragraph (1) shall be
appointed as follows:
``(A) A senior official of each armed force, who shall be
nominated by the Secretary concerned and confirmed by the Senate to
represent such armed force.
``(B) A senior official from each geographic and functional
combatant command, who shall be appointed by the commander of the
respective combatant command to represent such combatant command.
``(C) A senior official under the jurisdiction of the Chairman
of the Joint Chiefs of Staff, who shall be appointed by the
Chairman to represent the Joint Chiefs of Staff and the Joint
Staff.
``(4) Each member of the working group shall be responsible for
carrying out operational energy plans and programs and implementing
coordinated initiatives pursuant to the strategy under subsection (e)
for the respective component of the Department that the member
represents.
``(5) The duties of the working group under paragraph (1) shall be
as follows:
``(A) Planning for the integration of efforts to mitigate
contested logistics challenges through the reduction of operational
energy demand carried out within each armed force, across the armed
forces, and with the Office of the Secretary of Defense.
``(B) Developing recommendations regarding the strategy for
operational energy under subsection (e).
``(C) Developing recommendations relating to the development
of, and modernization efforts for, platforms and weapons systems of
the armed forces.
``(D) Developing recommendations to ensure that such
development and modernization efforts lead to increased lethality,
extended range, and extended on-station time for tactical assets.
``(E) Developing recommendations to mitigate the effects of
hostile action by a near-peer adversary targeting operational
energy storage and operations of the armed forces, including
through the use of innovative delivery systems, distributed
storage, flexible contracting, and improved automation.''; and
(4) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1)--
(i) by striking ``The Secretary of a military
department'' and inserting ``Each member of the working
group under subsection (d)''; and
(ii) by striking ``conducted by the military
department'' and inserting ``conducted by the respective
component of the Department that the member represents for
purposes of the working group''; and
(B) in paragraph (2), by striking ``military department''
and inserting ``armed force''.
(c) Modifications to Operational Energy Strategy.--Subsection (e)
of such section, as redesignated by subsection (b)(2), is amended to
read as follows:
``(1) The Assistant Secretary of Defense for Energy, Installations,
and Environment, in coordination with the working group under
subsection (d), shall be responsible for the establishment and
maintenance of a department-wide transformational strategy for
operational energy. The strategy shall be updated every five years and
shall establish near-term, mid-term, and long-term goals, performance
metrics to measure progress in meeting the goals, and a plan for
implementation of the strategy within each armed force, across the
armed forces, and with the Office of the Secretary of Defense.
``(2) The strategy required under paragraph (1) shall include the
following:
``(A) A plan to integrate efforts to mitigate contested
logistics challenges through the reduction of operational energy
demand within each armed force.
``(B) An assessment of how industry trends transitioning from
the production of internal combustion engines to the development
and production of alternative propulsion systems may affect the
long-term availability of parts for military equipment, the fuel
costs for such equipment, and the sustainability of such equipment.
``(C) An assessment of any technologies, including electric,
hydrogen, or other sustainable fuel technologies, that may reduce
operational energy demand in the near-term or long-term.
``(D) An assessment of how the Secretaries concerned and the
commanders of the combatant commands can better plan for challenges
presented by near-peer adversaries in a contested logistics
environment, including through innovative delivery systems,
distributed storage, flexible contracting, and improved automation.
``(E) An assessment of any infrastructure investments of allied
and partner countries that may affect operational energy
availability in the event of a conflict with a near-peer adversary.
``(3) By authority of the Secretary of Defense, and taking into
consideration the findings of the working group, the Assistant
Secretary shall prescribe policies and procedures for the
implementation of the strategy and make recommendations to the
Secretary of Defense and Deputy Secretary of Defense with respect to
specific operational energy plans and programs to be carried out
pursuant to the strategy.
``(4) Not later than 30 days after the date on which the budget for
fiscal year 2024 is submitted to Congress pursuant to section 1105 of
title 31, and every five years thereafter, the Assistant Secretary
shall submit to the congressional defense committees the strategy
required under paragraph (1).''.
(d) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(h) Contested Logistics Environment Defined.--In this section,
the term `contested logistics environment' means an environment in
which the armed forces engage in conflict with an adversary that
presents challenges in all domains and directly targets logistics
operations, facilities, and activities in the United States, abroad, or
in transit from one location to the other.''.
(e) Conforming Amendment.--Section 2926(c)(5) of title 10, United
States Code, is amended by striking ``subsection (e)(4)'' and inserting
``subsection (f)(4)''.
(f) Interim Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment shall submit to the congressional
defense committees an interim report on any actions taken pursuant to
the amendments made by this section. Such report shall include an
update regarding the establishment of the working group under section
2926(d) of title 10, United States Code, as amended by subsection (b).
(g) Briefing on Assistant Secretary of Defense for Energy,
Installations, and Environment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the status of the following:
(1) The planned division of responsibilities between the
Assistant Secretary of Defense for Sustainment and the Assistant
Secretary of Defense for Energy, Installations, and Environment.
(2) A personnel plan to ensure the adequate manning of support
personnel for the Assistant Secretary of Defense for Energy,
Installations, and Environment.
(3) Any additional resources necessary to ensure the ability of
the Assistant Secretary of Defense for Energy, Installations, and
Environment to fulfill the duty required under section 138(b)(7) of
title 10, United States Code, and any other duties required of such
Assistant Secretary by law.
SEC. 352. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY.
(a) Responsibility of United States Transportation Command.--
(1) In general.--Subchapter III of chapter 173 of title 10,
United States Code, is amended by adding at the end the following
new section:
``Sec. 2927. Global bulk fuel management and delivery
``(a) Responsible Element.--(1) Beginning during the period
described in paragraph (2) and permanently thereafter, the United
States Transportation Command shall be the element responsible for bulk
fuel management and delivery of the Department of Defense on a global
basis.
``(2) The period described in this paragraph is the period
beginning on January 1, 2023, and ending on February 1, 2023.
``(b) Coordination With Defense Logistics Agency.--In carrying out
the responsibilities specified in subsection (a), the Commander of the
United States Transportation Command shall coordinate with the Director
of the Defense Logistics Agency.
``(c) Rule of Construction.--Except to the extent that, prior to
January 1, 2023, a responsibility specified in subsection (a) was a
specific function of the Defense Logistics Agency Energy, nothing under
this section shall be construed as--
``(1) limiting any other function of the Defense Logistics
Agency Energy; or
``(2) requiring the transfer of any function, personnel, or
asset from the Defense Logistics Agency Energy to the United States
Transportation Command.''.
(2) Clerical amendment.--The table of contents for such
subchapter is amended by adding at the end the following new item:
``2927. Global bulk fuel management and delivery.''.
(b) Briefing.--Not later than July 1, 2022, the Commander of United
States Transportation Command shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on
progress made to carry out the transfer of responsibilities to the
United States Transportation Command pursuant to section 2927 of title
10, United States Code (as added by subsection (a)), including--
(1) a review of the plan of action for such transfer;
(2) a review of milestones completed and yet to be completed
with respect to such transfer; and
(3) an identification of any legislative changes or additional
resources the Commander determines are necessary to implement such
section 2927.
(c) Global Bulk Fuel Management Strategy.--
(1) Strategy required.--Not later than October 1, 2022, the
Commander of United States Transportation Command shall prepare and
submit to the Committees on Armed Services of the House of
Representatives and the Senate a strategy to develop the
infrastructure and programs necessary to optimally support global
bulk fuel management of the Department of Defense.
(2) Additional elements.--The strategy under paragraph (1)
shall include the following additional elements:
(A) A description of the current organizational
responsibility for bulk fuel management of the Department,
organized by geographic combatant command, including with
respect to ordering, storage, and strategic and tactical
transportation.
(B) A description of any legacy bulk fuel management assets
of each of the geographic combatant commands.
(C) A description of the operational plan to exercise such
assets to ensure full functionality and to repair, upgrade, or
replace such assets as necessary.
(D) An identification of the resources required for any
such repairs, upgrades, or replacements.
(E) A description of the current programs relating to
platforms, weapon systems, or research and development, that
are aimed at managing fuel constraints by decreasing demand for
fuel.
(F) An assessment of current and projected threats to
forward-based bulk fuel delivery, storage, and distribution
systems, and an assessment, based on such current and projected
threats, of attrition to bulk fuel infrastructure, including
storage and distribution systems, in a conflict involving near-
peer foreign countries.
(G) An assessment of current days of supply guidance,
petroleum war reserve requirements, and prepositioned war
reserve stocks, based on operational tempo associated with
distributed operations in a contested environment.
(H) An identification of the resources required to address
any changes to such guidance, requirements, or stocks
recommended as the result of such assessment.
(I) An identification of any global shortfall with respect
to bulk fuel management, organized by geographic combatant
command, and a prioritized list of investment recommendations
to address each shortfall identified.
(3) Coordination.--In preparing the strategy under paragraph
(1), the Commander of United States Transportation Command shall
coordinate with subject matter experts of the Joint Staff, the
geographic combatant commands, the Defense Logistics Agency, and
the military departments.
(4) Form.--The strategy under paragraph (1) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(d) Conforming Amendments.--Section 2854 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283) is amended--
(1) in subsection (b), by striking ``The organizational element
designated pursuant to subsection (a)'' and inserting ``The
Secretary of Defense'';
(2) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(3) by striking subsections (a) and (d); and
(4) by redesignating subsections (b) and (c), as amended by
paragraphs (1) and (2), as subsections (a) and (b), respectively.
SEC. 353. TEST AND EVALUATION OF POTENTIAL BIOBASED SOLUTION FOR
CORROSION CONTROL AND MITIGATION.
(a) Test and Evaluation.--Not later than 120 days after the date of
the enactment of this Act, the Director of the Strategic Environmental
Research and Development Program and the Environmental Security
Technology Certification Program shall test and evaluate at least one
existing covered biobased solution for use as an alternative to current
solutions of the Department of Defense for the control and mitigation
of corrosion.
(b) Determination.--Following the test and evaluation of a covered
biobased solution under subsection (a), the Director shall determine,
based on such test and evaluation, whether the solution meets the
following requirements:
(1) The solution is capable of being produced domestically in
sufficient quantities.
(2) The solution is at least as effective at the control and
mitigation of corrosion as current alternative solutions.
(3) The solution reduces environmental exposures.
(c) Recommendations.--The Director shall develop recommendations
for the Department of Defense-wide deployment of covered biobased
solutions that the Director has determined meet the requirements under
subsection (b).
(d) Covered Biobased Solution Defined.--In this section, the term
``covered biobased solution'' means a solution for the control and
mitigation of corrosion that is domestically produced, commercial, and
biobased.
SEC. 354. PILOT PROGRAM ON DIGITAL OPTIMIZATION OF ORGANIC
INDUSTRIAL BASE MAINTENANCE AND REPAIR OPERATIONS.
(a) In General.--Beginning not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary of Defense for
Sustainment, in coordination with the Secretaries of the military
departments, shall undertake a pilot program under which the
digitization of the facilities and operations of at least one covered
depot shall be provided for by the Secretary concerned.
(b) Elements of Pilot Program.--In carrying out the pilot program
under this section, the Secretary concerned shall provide for each of
the following at the covered depot or depots at which the program is
carried out:
(1) The creation of a digital twin model of the maintenance,
repair, and remanufacturing infrastructure and activities.
(2) The modeling and simulation of optimized facility
configuration, logistics systems, and processes.
(3) The analysis of material flow and resource use to achieve
key performance metrics for all levels of maintenance and repair.
(4) An assessment of automated, advanced, and additive
manufacturing technologies that could improve maintenance, repair,
and remanufacturing operations.
(c) Report.--Not later than 60 days after the completion of the
digital twin model and associated analysis, the Assistant Secretary of
Defense for Sustainment shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
pilot program. Such report shall include--
(1) a summary of the cost of the pilot program;
(2) a description of the efficiencies identified under the
pilot program;
(3) a description of the infrastructure, workforce, and capital
equipment investments necessary to achieve such efficiencies;
(4) any plans to undertake such investments; and
(5) the assessment of the Assistant Secretary of the value of
the pilot program and the potential applicability of the findings
of the pilot program to other covered depots.
(d) Definitions.--In this section:
(1) The term ``covered depot'' includes any depot covered under
section 2476(e) of title 10, United States Code, except for the
following:
(A) Portsmouth Naval Shipyard, Maine.
(B) Pearl Harbor Naval Shipyard, Hawaii.
(C) Puget Sound Naval Shipyard, Washington.
(D) Norfolk Naval Shipyard, Virginia.
(2) The terms ``military departments'' and ``Secretary
concerned'' have the meanings given such terms in section 101 of
title 10, United States Code.
SEC. 355. IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD
INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE NAVY.
(a) Updated Plan.--
(1) In general.--Not later than September 30, 2022, the
Secretary of the Navy shall submit to the congressional defense
committees an update to the plan of the Secretary for
implementation of the Shipyard Infrastructure Optimization Program
of the Department of the Navy, with the objective of providing
increased transparency for the actual costs and schedules
associated with infrastructure optimization activities for
shipyards covered by such program.
(2) Updated cost estimates.--The updated plan required under
paragraph (1) shall include updated cost estimates comprising the
most recent costs of capital improvement projects for each of the
four public shipyards covered by the Shipyard Infrastructure
Optimization Program.
(b) Briefing Requirement.--
(1) In general.--Before the start of physical construction with
respect to a covered project, the Secretary of the Navy or a
designee of the Secretary shall brief each of the congressional
defense committees on such project, regardless of the source of
funding for such project.
(2) Written information.--Before conducting a briefing under
paragraph (1) with respect to a covered project, the Secretary of
the Navy or a designee of the Secretary shall submit to the
congressional defense committees in writing the following
information:
(A) An updated cost estimate for such project that--
(i) meets the standards of the Association for the
Advancement of Cost Engineering for a Level 1 or Level 2
cost estimate; or
(ii) is an independent cost estimate.
(B) A schedule for such project that is comprehensive,
well-constructed, credible, and controlled pursuant to the
Schedule Assessment Guide: Best Practices for Project Schedules
(GAO-16-89G) set forth by the Comptroller General of the United
States in December 2015, or successor guide.
(C) An estimate of the likelihood that programmed and
planned funds for such project will be sufficient for the
completion of the project.
(3) Covered project defined.--In this subsection, the term
``covered project'' means a shipyard project under the Shipyard
Infrastructure Optimization Program--
(A) with a contract awarded on or after October 1, 2024;
and
(B) valued at $250,000,000 or more.
(c) Annual Report.--
(1) In general.--Not later than December 31, 2022, and not
later than December 31 of each year thereafter, the Commander of
the Naval Sea Systems Command, in coordination with the Program
Manager Ships 555, shall submit to the congressional defense
committees a report detailing the use by the Department of the Navy
of funding for all efforts associated with the Shipyard
Infrastructure Optimization Program, including the use of amounts
made available by law to support the projects identified in the
plan to implement such program, including any update to such plan
under subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include updated cost and schedule estimates--
(A) for the plan to implement the Shipyard Optimization
Program, including any update to such plan under subsection
(a); and
(B) for each dry dock, major facility, and infrastructure
project valued at $250,000,000 or more under such program.
(d) Comptroller General Report.--
(1) Report.--
(A) In general.--Not later than May 1, 2023, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the progress of the Secretary of
the Navy in implementing the Shipyard Infrastructure
Optimization Program, including--
(i) the progress of the Secretary in completing the
first annual report required under such program; and
(ii) the cost and schedule estimates for full
implementation of such program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) An assessment of the extent to which the cost
estimate for the updated optimization plan for the Shipyard
Infrastructure Optimization Program is consistent with
leading practices for cost estimation.
(ii) An assessment of the extent to which the project
schedule for such program is comprehensive, well-
constructed, credible, and controlled.
(iii) An assessment of whether programmed and planned
funds for a project under such program will be sufficient
for the completion of the project.
(iv) Such other related matters as the Comptroller
General considers appropriate.
(2) Initial briefing.--Not later than April 1, 2023, the
Comptroller General shall brief the Committees on Armed Services of
the Senate and the House of Representatives on the preliminary
findings of the report under paragraph (1).
SEC. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING
SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT PROGRAMS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on individual aircraft fleet
sustainment costs for the F-35 A/B/C, F/A-18 C/D/E/F/G, AV-8B, A-10C,
F-16 C/D, F-22, and F-15 C/E/EX aircraft fleets. Such report shall
include the following:
(1) A detailed description and explanation of, and the actual
cost data related to, current sustainment costs for the aircraft
fleets specified in this subsection, including an identification
and assessment of cost elements attributable to the Federal
Government or to contractors (disaggregated by the entity
responsible for each portion of the cost element, including for a
prime contractor and any first-tier subcontractor) with respect to
such sustainment costs.
(2) An identification of sustainment cost metrics for each
aircraft fleet specified in this subsection for each of fiscal
years 2022 through 2026, expressed in cost-per-tail-per-year
format.
(b) Limitation on Certain F-35 Contracts.--
(1) In general.--The Secretary of Defense may not enter into a
performance-based logistics sustainment contract for the F-35
airframe or engine programs, or modify an existing contract for the
F-35 airframe or engine programs to require the use of a
performance-based logistics sustainment contract, unless the
Secretary submits to the congressional defense committees a
certification that the Secretary has determined such a performance-
based logistics contract will--
(A) reduce sustainment or operating costs for the F-35
airframe or engine programs; or
(B) increase readiness rates, full and partial mission
capability rates, or airframe and engine availability rates of
the F-35 weapon system.
(2) Certification.--Any certification submitted pursuant to
paragraph (1) shall include a cost-benefit analysis comparing an
existing contract for the F-35 airframe or engine programs with a
performance-based logistics sustainment contract for the F-35
airframe or engine programs.
(3) Applicability.--The limitation under paragraph (1) shall
not apply with respect to the termination, modification, exercise
of a contract option for, or other action relating to, a contract
for the F-35 program entered into prior to the date of the
enactment of this Act unless such termination, modification,
exercise, or other action would require the use of a performance-
based logistics sustainment contract as specified in paragraph (1).
(c) Cost-per-tail-per-year Calculation.--For purposes of this
section, the average cost-per-tail of a variant of an aircraft of an
Armed Force shall be determined by--
(1) adding the total amount expended for a fiscal year (in base
year fiscal 2012 dollars) for all such aircraft in the inventory of
an Armed Force for--
(A) unit level manpower;
(B) unit operations;
(C) maintenance;
(D) sustaining support;
(E) continuing system support; and
(F) modifications; and
(2) dividing the sum resulting under paragraph (1) by the
average number of such aircraft in the inventory of an Armed Force
during such fiscal year.
SEC. 357. COMPTROLLER GENERAL ANNUAL REVIEWS OF F-35 SUSTAINMENT
EFFORTS.
(a) Annual Reviews and Briefings.--Not later than March 1 of each
year of 2022, 2023, 2024, and 2025, the Comptroller General of the
United States shall--
(1) conduct an annual review of the sustainment efforts of the
Department of Defense with respect to the F-35 aircraft program
(including the air vehicle and propulsion elements of such
program); and
(2) provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on such review, including
any findings of the Comptroller General as a result of such review.
(b) Elements.--Each review under subsection (a)(1) shall include an
assessment of the following:
(1) The status of the sustainment strategy of the Department
for the F-35 Lightning II aircraft program.
(2) The Department oversight and prime contractor management of
key sustainment functions with respect to the F-35 aircraft
program.
(3) The ability of the Department to reduce the costs, or
otherwise maintain the affordability, of the sustainment of the F-
35 fleet.
(4) Any other matters regarding the sustainment or
affordability of the F-35 aircraft program that the Comptroller
General determines to be of critical importance to the long-term
viability of such program.
(c) Reports.--Following the provision of each briefing under
subsection (a)(2), at such time as is mutually agreed upon by the
Committees on Armed Services of the House of Representatives and the
Senate and the Comptroller General, the Comptroller General shall
submit to such committees a report on the matters covered by the
briefing.
Subtitle F--Reports
SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED MILITARY
MANPOWER IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) Information regarding the extent to which any member of
the armed forces is assigned or detailed outside the member's unit
or away from training in order to perform any function that had
previously been performed by civilian employees of the Federal
Government.''.
SEC. 362. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS.
Section 8674(d) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``submit to the'' and inserting ``provide
to the'';
(B) by inserting ``a briefing and submit to such
committees'' after ``congressional defense committees''; and
(C) by striking ``setting forth'' and inserting
``regarding'';
(2) in paragraph (2)--
(A) by striking ``in an unclassified form that is
releasable to the public without further redaction.'' and
inserting ``in--''; and
(B) by adding at the end the following new subparagraphs:
``(A) a classified form; and
``(B) an unclassified form that is releasable to the public
without further redaction.''; and
(3) by striking paragraph (3).
SEC. 363. INCIDENT REPORTING REQUIREMENTS FOR DEPARTMENT OF DEFENSE
REGARDING LOST OR STOLEN WEAPONS.
(a) In General.--For each of fiscal years 2022, 2023, and 2024, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on security,
control, thefts, losses, and recoveries of sensitive conventional arms,
ammunition, and explosives (commonly referred to as ``AA&E'') of the
Department of Defense during such year, including the following:
(1) M-16 or M4s.
(2) Light automatic weapons up to and including M249, M2, and
40mm MK19 machine guns.
(3) Functional launch tube with umbilical squib installed and
grip stock for the Stinger missile.
(4) Launch tube, sight assembly, and grip stock for missiles.
(5) Tracker for the Dragon missile.
(6) Mortar tubes up to and including 81mm.
(7) Grenade launchers.
(8) Rocket and missile launchers with an unpacked weight of 100
pounds or less.
(9) Flame throwers.
(10) The launcher, missile guidance se, or the optical sight
for the TOW and the Javelin Command Launch Unit.
(11) Single shot and semi-automatic (non-automatic) shoulder-
fired weapons such as shotguns and bolt action rifles and weapons
barrels.
(12) Handguns.
(13) Recoil-less rifles up to and including 106mm.
(14) Man-portable missiles and rockets in a ready-to-fire
configuration or when jointly stored or transported with the
launcher tube or grip-stock and the explosive round.
(15) Stinger missiles.
(16) Dragon, Javelin, light antitank weapon (66mm), shoulder-
launched multi-purpose assault weapon rocket (83mm), M136 (AT4)
anti-armor launcher and cartridge (84mm).
(17) Missiles and rockets that are crew-served or require
platform-mounted launchers and other equipment to function,
including HYDRA-70 rockets and tube-launched optically wire guided
(TOW) missiles.
(18) Missiles and rockets that require platform-mounted
launchers and complex hardware equipment to function including the
HELLFIRE missile.
(19) Explosive rounds of any missile or rocket listed in
paragraphs (1) through (18).
(20) Hand or rifle grenades (high-explosive and white
phosphorous).
(21) Antitank or antipersonnel mines.
(22) Explosives used in demolition operations, C-4, military
dynamite, and trinitrotoluene (TNT).
(23) Warheads for sensitive missiles and rockets weighing less
than 50 pounds each.
(24) Ammunition that is .50 caliber or larger with explosive-
filled projectile.
(25) Incendiary grenades and fuses for high-explosive grenades.
(26) Blasting caps.
(27) Supplementary charges.
(28) Bulk explosives.
(29) Detonating cord.
(30) Riot control agents.
(b) Immediate Reporting of Confirmed Thefts, Losses, and
Recoveries.--Not later than 72 hours after a confirmed theft, loss, or
recovery of a sensitive conventional arm, ammunition, or explosive
covered by the report required by subsection (a), the Secretary shall
report such theft, loss, or recovery to the National Crime Information
Center and local law enforcement.
SEC. 364. STRATEGY AND ANNUAL REPORT ON CRITICAL LANGUAGE
PROFICIENCY OF SPECIAL OPERATIONS FORCES.
(a) Strategy.--
(1) Strategy required.--Not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary of Defense
for Special Operations and Low-Intensity Conflict, in coordination
with the Secretaries of the military departments, shall submit to
the congressional defense committees a strategy to improve the
language proficiency of the special operations forces of the Armed
Forces, including by identifying individuals who have proficiency
in a critical language and recruiting and retaining such
individuals in the special operations forces.
(2) Elements.--The strategy under paragraph (1) shall include
the following:
(A) A baseline of foreign language proficiency requirements
to be implemented within the special operations forces,
disaggregated by Armed Force and by critical language.
(B) Annual recruitment targets for the number of candidates
with demonstrated proficiency in a critical language to be
selected for participation in the initial assessment and
qualification programs of the special operations forces.
(C) A description of current and planned efforts of the
Secretaries concerned and the Assistant Secretary to meet such
annual recruitment targets.
(D) A description of any training programs used to enhance
or maintain foreign language proficiency within the special
operations forces, including any nongovernmental programs used.
(E) An annual plan to enhance and maintain foreign language
proficiency within the special operations forces of each Armed
Force.
(F) An annual plan to retain members of the special
operation forces of each Armed Force who have proficiency in a
foreign language.
(G) A description of current and projected capabilities and
activities that the Assistant Secretary determines are
necessary to maintain proficiency in critical languages within
the special operations forces.
(H) A plan to implement a training program for members of
the special operations forces who serve in positions that the
Assistant Secretary determines require proficiency in a
critical language to support the Department of Defense in
strategic competition.
(b) Reports Required.--Not later than December 31, 2022, and
annually thereafter until December 31, 2025, the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict, in
coordination with the Secretaries of the military departments, shall
submit to the congressional defense committees a report on the strategy
required under subsection (a), including progress in achieving the
objectives of the strategy with respect to the recruitment, training,
and retention of members of the special operations forces who have
proficiency in a critical language.
(c) Definitions.--In this section:
(1) The term ``critical language'' means a language identified
by the Director of the National Security Education Program as
critical to national security.
(2) The terms ``military departments'' and ``Secretary
concerned'' have the meanings given such terms in section 101 of
title 10, United States Code.
(3) The term ``proficiency'' means proficiency in a language,
as assessed by the Defense Language Proficiency Test.
(4) The term ``special operations forces'' means forces
described under section 167(j) of title 10, United States Code.
Subtitle G--Other Matters
SEC. 371. MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE MATTERS.
(a) Strategy to Test and Integrate Wind Turbine Interference
Mitigation Strategies.--The Secretary of Defense and the Secretary of
the Air Force, in coordination with the Commander of United States
Northern Command and the Commander of North American Aerospace Defense
Command, shall develop a strategy to test and integrate wind turbine
interference mitigation technologies into radars and the air
surveillance command and control architecture of the Department of
Defense.
(b) Modification of Clearinghouse Requirements.--Section 183a(c) of
title 10, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraph:
``(C) A notice of presumed risk issued under subparagraph (A) is a
preliminary assessment only and does not represent a formal objection
pursuant to subsection (e). Discussions of possible mitigation actions
under such subparagraph could favorably resolve any concerns identified
in the notice of presumed risk.''; and
(2) by adding at the end the following new paragraph:
``(8) If, in reviewing an application for an energy project
pursuant to paragraph (1), the Clearinghouse finds no adverse impact on
military operations under section 44718(b)(1) of title 49, the
Clearinghouse shall communicate to the Secretary of Transportation in
writing, not later than five business days after making such finding,
the following: `No Part 77 concerns, national security review
ongoing.'.''.
SEC. 372. ESTABLISHMENT OF JOINT SAFETY COUNCIL.
(a) In General.--Chapter 7 of title 10, United States Code, is
amended by inserting after section 183a the following new section:
``Sec. 184. Joint Safety Council
``(a) In General.--There is established, within the Office of the
Deputy Secretary of Defense, a Joint Safety Council (in this section
referred to as the `Council').
``(b) Membership; Appointment; Compensation.--(1) The Council shall
be composed of voting members as follows:
``(A) The Director of Safety for each military department.
``(B) An employee of the Department of Defense who is a career
member of the Senior Executive Service and has a demonstrated
record of success in the implementation of programs within the
Department of Defense (as determined by the Deputy Secretary of
Defense), appointed by the Deputy Secretary of Defense.
``(C) One member of the armed forces or civilian employee from
each military department, appointed by the Secretary concerned.
``(D) Such additional members as may be determined by the
Deputy Secretary of Defense.
``(2)(A) Each member of the Council shall serve at the will of the
official who appointed that member.
``(B) Any vacancy on the Council shall be filled in the same manner
as the original appointment.
``(3) Members of the Council may not receive additional pay,
allowances, or benefits by reason of their service on the Council.
``(c) Chairperson and Vice Chairperson.--(1)(A) The Secretary of
Defense, or the designee of the Secretary, shall select one of the
members of the Council who is a member of the armed forces to serve as
the Chairperson of the Council.
``(B) The Chairperson shall serve for a term of two years and shall
be responsible for--
``(i) serving as the Director of Safety for the Department of
Defense;
``(ii) serving as principal advisor to the Secretary of Defense
regarding military safety and related regulations and policy
reforms, including issues regarding maintenance, supply chains,
personnel management, and training;
``(iii) overseeing all duties and activities of the Council,
including the conduct of military safety studies and the issuance
of safety guidance to the military departments;
``(iv) working with, and advising, the Secretaries of the
military departments through appointed safety chiefs to implement
standardized safety guidance across the military departments;
``(v) submitting to the Secretary of Defense and Congress an
annual report reviewing the compliance of each military department
with the guidance described in clause (iv);
``(vi) advising Congress on issues relating to military safety
and reforms; and
``(vii) overseeing coordination with other Federal agencies,
including the Federal Aviation Administration, to inform military
aviation safety guidance and reforms.
``(2) The individual appointed under subsection (b)(1)(B) shall
serve as the Vice Chairperson. The Vice Chairperson shall report to the
Chairperson and shall serve as Chairperson in the absence of the
Chairperson.
``(d) Responsibilities.--The Council shall carry out the following
responsibilities:
``(1) Subject to subsection (e), issuing, publishing, and
updating regulations related to joint safety, including regulations
on the reporting and investigation of mishaps.
``(2) With respect to mishap data--
``(A) establishing uniform data collection standards and a
repository, that is accessible Department-wide, of data for
mishaps in the Department of Defense;
``(B) reviewing the compliance of each military department
in adopting and using the uniform data collection standards
established under subparagraph (A); and
``(C) reviewing mishap data to assess, identify, and
prioritize risk mitigation efforts and safety improvement
efforts across the Department.
``(3) With respect to non-mishap data--
``(A) establishing standards and requirements for the
collection of aircraft, equipment, simulator, airfield, range,
pilot, and operator data;
``(B) establishing standards and requirements for the
collection of ground vehicle equipment and crew data; and
``(C) establishing requirements for each military
department to collect and analyze any waivers issued relating
to pilot or operator qualifications or standards.
``(4) Reviewing and assessing civil and commercial aviation
safety programs and practices to determine the suitability of such
programs and practices for implementation in the military
departments.
``(5) Establishing, in consultation with the Administrator of
the Federal Aviation Administration, a requirement for each
military department to implement an aviation safety management
system.
``(6) Establishing, in consultation with the heads of
appropriate Federal departments and agencies, a requirement for
each military department to implement a separate safety management
program for ground vehicles and ships.
``(7) Reviewing the proposal of each military department for
the safety management systems described in paragraphs (9) and (10).
``(8) Reviewing the implementation of such systems by each
military department.
``(9) Ensuring each military department has in place a system
to monitor the implementation of recommendations made in safety and
legal investigation reports of mishap incidents.
``(e) Oversight.--The decisions and recommendations of the Council
are subject to review and approval by the Deputy Secretary of Defense.
``(f) Staff.--(1) The Council may appoint staff in accordance with
section 3101 of title 5.
``(2) The Council may accept persons on detail from within the
Department of Defense and from other Federal departments or agencies on
a reimbursable or non-reimbursable basis.
``(g) Contract Authority.--The Council may enter into contracts for
the acquisition of administrative supplies, equipment, and personnel
services for use by the Council, to the extent that funds are available
for such purposes.
``(h) Procurement of Temporary and Intermittent Services.--The
Chairperson may procure temporary and intermittent services under
section 3109(b) of title 5 at rates for individuals which do not exceed
the daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such title.
``(i) Data Collection.--(1) Under regulations issued by the
Secretary of Defense, the Council shall have access to Department of
Defense databases necessary to carry out its responsibilities,
including causal factors to be used for mishap reduction purposes.
``(2) Under regulations issued by the Secretary of Defense, the
Council may enter into agreements with the Federal Aviation
Administration, the National Transportation Safety Board, and any other
Federal agency regarding the sharing of safety data.
``(3) Data collected by the Council pursuant to this subsection may
include privileged safety information that is protected from disclosure
or discovery to any person.
``(j) Meetings.--The Council shall meet quarterly and at the call
of the Chairperson.
``(k) Report.--The Chair of the Council shall submit to the
congressional defense committees semi-annual reports on the activities
of the Council.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
183a the following new item:
``184. Joint Safety Council.''.
(c) Deadlines.--
(1) Establishment.--The Secretary of Defense shall ensure the
establishment of the Joint Safety Council under section 184 of
title 10, United States Code (as added by subsection (a)), by not
later than the date that is 120 days after the date of the
enactment of this Act.
(2) Appointment of first members.--The initial members of the
Joint Safety Council established under such section 184 shall be
appointed by not later than the date that is 120 days after the
date of the enactment of this Act.
(3) Directors of safety.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of each military
department shall ensure there is appointed as the Director of
Safety for the military department concerned an officer of that
military department in pay grade O-8 or above.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes the following:
(1) A description of the measures the Secretary plans to take
to correct the issues identified in the report of the National
Commission on Military Aviation Safety submitted to the President
and Congress and dated December 1, 2020.
(2) A statement as to whether the Secretary concurs or
disagrees with the findings of such report.
(3) A detailed plan of action for the implementation of each
recommendation included in such report.
(4) Any additional recommendations the Secretary determines are
necessary to apply the findings of the National Commission on
Military Aviation Safety in such report to all aspects of military
safety.
(e) Authorization of Appropriations.--Of the amounts authorized to
be appropriated or otherwise made available by this Act for Military
Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made
available for the Joint Safety Council established under section 184 of
title 10, United States Code, as added by subsection (a).
SEC. 373. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY
WORKING DOGS.
(a) Prohibition on Charge for Transfer of Military Animals.--
Section 2583(d) of title 10, United States Code, is amended by striking
``may'' and inserting ``shall''.
(b) Inclusion of Military Working Dogs in Certain Research.--
Section 708(b) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note) is amended--
(1) in paragraph (7), by striking ``of members of the Armed
Forces'' and inserting ``with respect to both members of the Armed
Forces and military working dogs''; and
(2) by striking paragraph (9) and inserting the following new
paragraph:
``(9) To inform and advise the conduct of research on the
leading causes of morbidity and mortality of members of the Armed
Forces and military working dogs in combat.''.
SEC. 374. EXTENSION OF TEMPORARY AUTHORITY TO EXTEND CONTRACTS AND
LEASES UNDER THE ARMS INITIATIVE.
Section 343 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 7554 note) is amended by
striking ``the date that is five years after the date of the enactment
of this Act'' and inserting ``November 25, 2025,''.
SEC. 375. AUTHORITY TO MAINTAIN ACCESS TO CATEGORY 3 SUBTERRANEAN
TRAINING FACILITY.
(a) In General.--The Secretary of Defense may ensure that the
Department of Defense maintains access to a covered category 3
subterranean training facility on a continuing basis.
(b) Authority to Enter Into Lease.--The Secretary of Defense is
authorized to enter into a short-term lease with a provider of a
covered category 3 subterranean training facility for purposes of
carrying out subsection (a).
(c) Covered Category 3 Subterranean Training Facility Defined.--In
this section, the term ``covered category 3 subterranean training
facility'' means a category 3 subterranean training facility that is--
(1) operational as of the date of the enactment of this Act;
and
(2) deemed safe for use as of such date.
SEC. 376. ACCIDENT INVESTIGATION REVIEW BOARD.
(a) Proposal for Establishment of Board.--The Deputy Secretary of
Defense shall develop a proposal for the establishment of an Accident
Investigation Review Board (in this section referred to as the
``Board'') to provide independent oversight and review of the legal
investigations conducted by the Department of Defense outside of the
safety process into the facts and circumstances surrounding operational
and training accidents. The proposal shall include recommendations
relating to--
(1) the size and composition of the Board;
(2) the process by which the Board would screen accident
investigations to identify unsatisfactory, biased, incomplete, or
insufficient investigations requiring subsequent review by the
Board, including whether the Board should review investigations
meeting a predetermined threshold (such as all fatal accidents or
all Class A mishaps);
(3) the process by which the military departments and other
components of the Department of Defense could refer pending or
completed accident investigations to the Board for review;
(4) the process by which the Board would evaluate a particular
accident investigation for accuracy, thoroughness, and objectivity;
(5) the requirements for and process by which the convening
component of an investigation reviewed by the Board should address
the findings of the Board's review of that particular
investigation;
(6) proposed procedures for safeguarding privileged and
sensitive data and safety information collected during the
investigation review process; and
(7) how and when the Board would be required to report to the
Deputy Secretary of Defense on the activities of the Board, the
outcomes of individual investigation reviews performed by the
Board, and the assessment of the Board regarding cross-cutting
themes and trends identified by those reviews.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall submit to
the congressional defense committee the proposal required by subsection
(a) and a timeline for establishing the Board.
SEC. 377. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS ON
PREVENTING TACTICAL VEHICLE TRAINING ACCIDENTS.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, each Secretary concerned shall submit to the
congressional defense committees and to the Comptroller General of the
United States a plan to address the recommendations in the report of
the Government Accountability Office entitled ``Army and Marine Corps
Should Take Additional Actions to Mitigate and Prevent Training
Accidents'' (GAO-21-361). Each such plan shall include, with respect to
each recommendation in such report that the Secretary concerned has
implemented or intends to implement--
(1) a summary of actions that have been or will be taken to
implement the recommendation; and
(2) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not later
than 18 months after the date of the enactment of this Act, each
Secretary concerned shall carry out activities to implement the
plan of the Secretary developed under subsection (a).
(2) Exception for implementation of certain recommendations.--
(A) Delayed implementation.--A Secretary concerned may
initiate implementation of a recommendation in the report
referred to in subsection (a) after the date specified in
paragraph (1) if, on or before such date, the Secretary
provides to the congressional defense committees a specific
justification for the delay in implementation of such
recommendation.
(B) Nonimplementation.--A Secretary concerned may decide
not to implement a recommendation in the report referred to in
subsection (a) if, on or before the date specified in paragraph
(1), the Secretary provides to the congressional defense
committees--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of alternative actions the Secretary
plans to take to address the conditions underlying the
recommendation.
(c) Secretary Concerned.--In this section, the term ``Secretary
concerned'' means--
(1) the Secretary of the Army, with respect to the Army; and
(2) the Secretary of the Navy, with respect to the Navy.
SEC. 378. REQUIREMENTS RELATING TO EMISSIONS CONTROL TACTICS,
TECHNIQUES, AND PROCEDURES.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a review
of current electromagnetic spectrum emissions control tactics,
techniques, and procedures across the joint force.
(b) Requirements.--Not later than 60 days after completing the
review under subsection (a), the Secretary of Defense shall direct each
Secretary of a military department to update or establish, as
applicable, standard tactics, techniques, and procedures, including
down to the operational level, pertaining to emissions control
discipline during all phases of operations.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation status of the tactics,
techniques, and procedures updated or established, as applicable, under
subsection (b) by each of the military departments, including--
(1) incorporation into doctrine of the military departments;
(2) integration into training of the military departments; and
(3) efforts to coordinate with the militaries of partner
countries and allies to develop similar standards and associated
protocols, including through the use of working groups.
SEC. 379. MANAGEMENT OF FATIGUE AMONG CREW OF NAVAL SURFACE SHIPS
AND RELATED IMPROVEMENTS.
(a) Requirement.--The Secretary of the Navy shall implement each
recommendation for executive action set forth in the report of the
Government Accountability Office titled ``Navy Readiness: Additional
Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and
Implement Training'' (GAO-21-366).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees and the Comptroller General a report
on the status of actions taken by the Secretary to monitor crew fatigue
and ensure equitable fatigue management throughout the naval surface
ship fleet in accordance with subsection (a). Such report shall include
the following:
(1) An assessment of the extent of crew fatigue throughout the
naval surface ship fleet.
(2) A description of the metrics used to assess the extent of
fatigue pursuant to paragraph (1).
(3) An identification of results-oriented goals for effective
fatigue management.
(4) An identification of timeframes for achieving the goals
identified pursuant to paragraph (3).
(c) Comptroller General Briefing.--Not later than 90 days after the
date on which the Comptroller General receives the report under
subsection (b), the Comptroller General shall provide to the
congressional defense committees a briefing on the extent to which the
actions and goals described in the report meet the requirements of
subsection (a).
SEC. 380. AUTHORITY FOR ACTIVITIES TO IMPROVE NEXT GENERATION RADAR
SYSTEMS CAPABILITIES.
(a) Authority.--The Secretary of Defense may undertake activities
to enhance future radar systems capabilities, including the following:
(1) Designating specific industry, academic, government, or
public-private partnership entities to provide expertise in the
repair, sustainment, and support of radar systems to meet current
and future defense requirements, as appropriate.
(2) Facilitating collaboration among academia, the Federal
Government, the defense industry, and the commercial sector,
including with respect to radar system repair and sustainment
activities.
(3) Establishing advanced research and workforce training and
educational programs to enhance future radar systems capabilities.
(4) Establishing goals for research in areas of study relevant
to advancing technology and facilitating better understanding of
radar systems in defense systems and operational activities,
including continuing education and training goals.
(5) Increasing communications and personnel exchanges with
radar systems experts in industry to support adoption of state-of-
the-art technologies and operational practices, especially to
support meeting future defense needs related to radar systems in
autonomous systems.
(6) Establishing agreements with one or more institutions of
higher education or other organizations in academia or industry to
provide for activities authorized under this section.
(7) Partnering with nonprofit institutions and private industry
with expertise in radar systems to support activities authorized
under this section.
(8) Establishing research centers and facilities, including
centers of excellence, as appropriate to support activities
authorized under this section, especially to promote partnerships
between government, industry, and academia.
(b) Institution of Higher Education Defined.--The term
``institution of higher education'' has the meaning given that term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 381. PILOT PROGRAM ON MILITARY WORKING DOG AND EXPLOSIVES
DETECTION CANINE HEALTH AND EXCELLENCE.
(a) Pilot Program.--Not later than September 31, 2022, the
Secretary of Defense shall carry out a pilot program to ensure the
health and excellence of explosives detection military working dogs.
Under such pilot program, the Secretary shall consult with domestic
breeders of working dog lines, covered institutions of higher
education, and covered national domestic canine associations, to--
(1) facilitate the presentation, both in a central location and
at regional field evaluations in the United States, of
domestically-bred explosives detection military working dogs for
assessment for procurement by the Department of Defense, at a rate
of at least 250 canines presented per fiscal year;
(2) facilitate the delivery and communication to domestic
breeders, covered institutions of higher education, and covered
national domestic canine associations, of information regarding--
(A) any specific needs or requirements for the future
acquisition by the Department of explosives detection military
working dogs; and
(B) any factors identified as relevant to the success or
failure of explosives detection military working dogs presented
for assessment pursuant to this section;
(3) collect information on the biological and health factors of
explosives detection military working dogs procured by the
Department, and make such information available for academic
research and to domestic breeders;
(4) collect and make available genetic and phenotypic
information, including canine rearing and training data for study
by domestic breeders and covered institutions of higher education,
for the further development of working canines that are bred,
raised, and trained domestically; and
(5) evaluate current Department guidance for the procurement of
military working dogs to ensure that pricing structures and
procurement requirements for foreign and domestic canine
procurements accurately account for input cost differences between
foreign and domestic canines.
(b) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on October 1, 2024.
(c) Definitions.--In this section:
(1) The term ``covered institution of higher education'' means
an institution of higher education, as such term is defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001),
with demonstrated expertise in veterinary medicine for working
canines.
(2) The term ``covered national domestic canine association''
means a national domestic canine association with demonstrated
expertise in the breeding and pedigree of working canine lines.
(3) The term ``explosives detection military working dog''
means a canine that, in connection with the work duties of the
canine performed for the Department of Defense, is certified and
trained to detect odors indicating the presence of explosives in a
given object or area, in addition to the performance of such other
duties for the Department as may be assigned.
SEC. 382. DEPARTMENT OF DEFENSE RESPONSE TO MILITARY LAZING
INCIDENTS.
(a) Investigation Into Lazing of Military Aircraft.--
(1) Investigation required.--The Secretary of Defense shall
conduct a formal investigation into all incidents of lazing of
military aircraft that occurred during fiscal year 2021. The
Secretary shall carry out such investigation in coordination and
collaboration with appropriate non-Department of Defense entities.
(2) Report to congress.--Not later than March 31, 2022, the
Secretary shall submit to the congressional defense committees a
report on the findings of the investigation conducted pursuant to
paragraph (1).
(b) Information Sharing.--The Secretary shall seek to increase
information sharing between the Department of Defense and the States
with respect to incidents of lazing of military aircraft, including by
entering into memoranda of understanding with State law enforcement
agencies on information sharing in connection with such incidents to
provide for procedures for closer cooperation with local law
enforcement in responding to such incidents as soon as they are
reported.
(c) Data Collection and Tracking.--The Secretary shall collect such
data as may be necessary to track the correlation between noise
complaints and incidents of military aircraft lazing.
(d) Operating Procedures.--The Secretary shall give consideration
to adapting local operating procedures in areas with high incidence of
military aircraft lazing incidents to reduce potential injury to
aircrew.
(e) Eye Protection.--The Secretary shall examine the availability
of commercial off-the-shelf laser eye protection equipment that
protects against the most commonly available green light lasers that
are available to the public. If the Secretary determines that no such
laser eye protection equipment is available, the Secretary shall
conduct research and develop such equipment.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty
or full-time National Guard duty towards authorized end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2022, as follows:
(1) The Army, 485,000.
(2) The Navy, 346,920.
(3) The Marine Corps, 178,500.
(4) The Air Force, 329,220.
(5) The Space Force, 8,400.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (5) and inserting the following new
paragraphs:
``(1) For the Army, 485,000.
``(2) For the Navy, 346,920.
``(3) For the Marine Corps, 178,500.
``(4) For the Air Force, 329,220.
``(5) For the Space Force, 8,400.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title 10, United
States Code, upon determination by the Secretary of the Air Force that
such action would enhance manning and readiness in essential units or
in critical specialties, the Secretary may vary the end strength
authorized by Congress for each fiscal year as follows:
(1) Increase the end strength authorized pursuant to section
115(a)(1)(A) for a fiscal year for the Space Force by a number
equal to not more than 5 percent of such authorized end strength.
(2) Decrease the end strength authorized pursuant to section
115(a)(1)(A) for a fiscal year for the Space Force by a number
equal to not more than 10 percent of such authorized end strength.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2022.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2022, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 58,600.
(4) The Marine Corps Reserve, 36,800.
(5) The Air National Guard of the United States, 108,300.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2022, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,293.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum authorized number of military
technicians (dual status) as of the last day of fiscal year 2022 for
the reserve components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual
Status).--The number of temporary military technicians (dual-status)
employed under the authority of subsection (a) may not exceed 25
percent of the total authorized number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active Guard and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2022, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING ACTIVE
DUTY OR FULL-TIME NATIONAL GUARD DUTY TOWARDS AUTHORIZED END
STRENGTHS.
Section 115(b)(2)(B) of title 10, United States Code, is amended by
striking ``1095 days in the previous 1460 days'' and inserting ``1825
days in the previous 2190 days''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2022 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2022.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A-- Officer Personnel Policy
Sec. 501. Authority with respect to authorized strengths for general and
flag officers within the Armed Forces for emerging
requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered
for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare
officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear
and Missile Operations Officer (13N).
Subtitle B--Reserve Component Management
Sec. 511. Modification of grant program supporting science, technology,
engineering, and math education in the Junior Reserve
Officers' Training Corps to include quantum information
sciences.
Sec. 512. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of
unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve
components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Reduction in service commitment required for participation in
career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the military departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of fitness
for duty.
Sec. 525. Command oversight of military privatized housing as element of
performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in housing provided by
the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military
draft.
Sec. 529A. Report on processes and procedures for appeal of denial of
status or benefits for failure to register for Selective
Service.
Sec. 529B. Study and report on administrative separation boards.
Subtitle D--Military Justice Reform
Part 1--Special Trial Counsel
Sec. 531. Special trial counsel.
Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and
special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.
Part 2--Sexual Harassment; Sentencing Reform
Sec. 539D. Inclusion of sexual harassment as general punitive article.
Sec. 539E. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539F. Briefing and report on resourcing required for
implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the
Independent Review Commission on Sexual Assault in the
Military.
Subtitle E--Other Military Justice and Legal Matters
Sec. 541. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation
by victims of sexual assault or sexual harassment and related
persons.
Sec. 545. Modification of notice to victims of pendency of further
administrative action following a determination not to refer
to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking
pretrial information, and assessing changes in law.
Sec. 548. Determination and reporting of members missing, absent
unknown, absent without leave, and duty status-whereabouts
unknown.
Sec. 549. Activities to improve family violence prevention and response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative
organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual
assaults; reporting on racial and ethnic demographics in the
military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of official
restricted and unrestricted reports for eligible adult sexual
assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator
military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response
to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform
Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members
of the Armed Forces.
Sec. 553. Allocation of authority for nominations to the military
service academies in the event of the death, resignation, or
expulsion from office of a Member of Congress.
Sec. 554. Authority of President to appoint successors to members of
Board of Visitors of military academies whose terms have
expired.
Sec. 555. Meetings of the Board of Visitors of a military service
academy: votes required to call; held in person or remotely.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance and
Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of cadets
and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force
Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed
Forces regarding social reform and unhealthy behaviors.
Sec. 559F. Report on status of Army Tuition Assistance Program Army
IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship opportunities
for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved communication
of best practices to engage military spouses with career
assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations to
connect military families with local entities that provide
services to military families.
Sec. 569. Briefing on process to certify reporting of eligible federally
connected children for purposes of Federal impact aid
programs.
Sec. 569A. Briefing on legal services for families enrolled in the
Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program of
United States Special Operations Command: briefing; report.
Subtitle H--Diversity and Inclusion
Sec. 571. Reduction of gender-related inequities in costs of uniforms to
members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify as
Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate and
Training Schools, and the Senior Reserve Officers' Training
Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Modified deadline for establishment of special purpose adjunct
to Armed Services Vocational Aptitude Battery test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service
Medal.
Sec. 584. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection
level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in
Hawaii.
Subtitle A-- Officer Personnel Policy
SEC. 501. AUTHORITY WITH RESPECT TO AUTHORIZED STRENGTHS FOR
GENERAL AND FLAG OFFICERS WITHIN THE ARMED FORCES FOR EMERGING
REQUIREMENTS.
(a) Authority on and Before December 31, 2022.--Section 526 of
title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Transfer of Authorizations Among the Military Services.--(1)
The Secretary of Defense may increase the maximum number of brigadier
generals or major generals in the Army, Air Force, Marine Corps, or
Space Force, or rear admirals (lower half) or rear admirals in the
Navy, allowed under subsection (a) and section 525 of this title, and
the President may appoint officers in the equivalent grades equal to
the number increased by the Secretary of Defense, if each appointment
is made in conjunction with an offsetting reduction under paragraph
(2).
``(2) For each increase and appointment made under the authority of
paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space
Force, the number of appointments that may be made in the equivalent
grade in one of the other armed forces (other than the Coast Guard)
shall be reduced by one. When such an increase and appointment is made,
the Secretary of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag officers
increased under paragraph (1), combined with the total number of
general officers and flag officers increased under section 526a(i)(1)
of this title, may not exceed 15 at any one time.
``(4) The Secretary may not increase the maximum number of general
officers or flag officers under paragraph (1) until the date that is 30
days after the date on which the Secretary provides, to the Committees
on Armed Services of the Senate and the House of Representatives,
written notice of--
``(A) such increase; and
``(B) each offsetting reduction under paragraph (2), specifying
the armed force and billet so reduced.''.
(b) Authority After December 31, 2022.--Section 526a of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i) Transfer of Authorizations Among the Military Services.--(1)
The Secretary of Defense may increase the maximum number of brigadier
generals or major generals in the Army, Air Force, Marine Corps, or
Space Force, or rear admirals (lower half) or rear admirals in the
Navy, allowed under subsection (a) and section 525 of this title and
the President may appoint officers in the equivalent grades equal to
the number increased by the Secretary of Defense if each appointment is
made in conjunction with an offsetting reduction under paragraph (2).
``(2) For each increase and appointment made under the authority of
paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space
Force, the number of appointments that may be made in the equivalent
grade in one of the other armed forces (other than the Coast Guard)
shall be reduced by one. When such an increase and appointment is made,
the Secretary of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag officers
increased under paragraph (1), combined with the total number of
general officers and flag officers increased under section 526(k)(1) of
this title, may not exceed 15 at any one time.
``(4) The Secretary may not increase the maximum number of general
officers or flag officers under paragraph (1) until the date that is 30
days after the date on which the Secretary provides, to the Committees
on Armed Services of the Senate and the House of Representatives,
written notice of--
``(A) such increase; and
``(B) each offsetting reduction under paragraph (2), specifying
the armed force and billet so reduced.''.
SEC. 502. TIME IN GRADE REQUIREMENTS.
Section 619(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) When the needs of the service require, the Secretary of the
military department concerned may prescribe a shorter period of service
in grade, but not less than two years, for eligibility for
consideration for promotion, in the case of officers designated for
limited duty to whom paragraph (2) applies.''.
SEC. 503. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS
CONSIDERED FOR PROMOTION TO MAJOR GENERAL.
(a) In General.--Notwithstanding section 616(d) of title 10, United
States Code, the number of officers recommended for promotion by a
selection board convened by the Secretary of the Air Force under
section 611(a) of title 10, United States Code, to consider officers on
the Space Force active duty list for promotion to major general may not
exceed the number equal to 95 percent of the total number of brigadier
generals eligible for consideration by the board.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2022.
SEC. 504. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS RETIREMENT.
(a) Credit.--For each participant in the Seaman to Admiral-21
program during fiscal years 2010 through 2014 for whom the Secretary of
the Navy cannot find evidence of an acknowledgment that, before
entering a baccalaureate degree program, service during the
baccalaureate degree program would not be included when computing years
of service for retirement, the Secretary shall include service during
the baccalaureate degree program when computing--
(1) years of service; and
(2) retired or retainer pay.
(b) Report Required.--The Secretary shall submit a report to the
Committees on Armed Services of the Senate and House of Representatives
regarding the number of participants credited with service under
subsection (a).
(c) Deadline.--The Secretary shall carry out this section not later
than 180 days after the date of the enactment of this Act.
SEC. 505. INDEPENDENT ASSESSMENT OF RETENTION OF FEMALE SURFACE
WARFARE OFFICERS.
(a) In General.--The Secretary of Defense shall seek to enter into
an agreement with a nonprofit entity or a federally funded research and
development center independent of the Department of Defense to conduct
research and analysis on the gender gap in retention of surface warfare
officers in the Navy.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include consideration of the following:
(1) Demographics of surface warfare officers, disaggregated by
gender, including--
(A) race;
(B) ethnicity;
(C) socioeconomic status;
(D) marital status (including whether the spouse is a
member of the Armed Forces and, if so, the length of service of
such spouse);
(E) whether the officer has children (including number and
age or ages of children);
(F) whether an immediate family member serves or has served
as a member of the Armed Forces; and
(G) the percentage of such officers who--
(i) indicate an intent to complete only an initial
service agreement; and
(ii) complete only an initial service agreement.
(2) Whether there is a correlation between the number of female
surface warfare officers serving on a vessel and responses of such
officers to command climate surveys.
(3) An anonymous but traceable study of command climate results
to--
(A) correlate responses from particular female surface
warfare officers with resignation; and
(B) compare attitudes of first-tour and second-tour female
surface warfare officers.
(4) Recommendations based on the findings under paragraphs (1),
(2), and (3).
(c) Reports.--
(1) In general.--Not later than 270 days after the date on
which a nonprofit entity or federally funded research and
development center enters into an agreement under subsection (a)
with the Secretary of Defense, such entity or center shall submit
to the Secretary of Defense a report on the results of the research
and analysis under subsection (a).
(2) Submission to congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees each of the
following:
(A) A copy of the report submitted under paragraph (1)
without change.
(B) Any comments, changes, recommendations, or other
information provided by the Secretary of Defense relating to
the research and analysis under subsection (a) and contained in
such report.
SEC. 506. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF A
NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).
(a) In General.--The Secretary of the Air Force shall submit to the
congressional defense committees a report on personnel performing the
duties of a Nuclear and Missile Operations Officer (13N)--
(1) not later than 90 days after the date of the enactment of
this Act; and
(2) concurrent with the submission to Congress of the budget of
the President for each of fiscal years 2023 through 2027 pursuant
to section 1105(a) of title 31, United States Code.
(b) Elements.--Each report required by subsection (a) shall include
the following:
(1) The number of Nuclear and Missile Operations Officers
commissioned, by commissioning source, during the most recent
fiscal year that ended before submission of the report.
(2) A description of the rank structure and number of such
officers by intercontinental ballistic missile operational group
during that fiscal year.
(3) The retention rate of such officers by intercontinental
ballistic missile operational group during that fiscal year and an
assessment of reasons for any loss in retention of such officers.
(4) A description of the rank structure and number of officers
by intercontinental ballistic missile operational group performing
alert duties by month during that fiscal year.
(5) A description of the structure of incentive pay for
officers performing 13N duties during that fiscal year.
(6) A personnel manning plan for managing officers performing
alert duties during the period of five fiscal years after
submission of the report.
(7) A description of methods, with metrics, to manage the
transition of Nuclear and Missile Operations Officers, by
intercontinental ballistic missile operational group, to other
career fields in the Air Force.
(8) Such other matters as the Secretary considers appropriate
to inform the congressional defense committees with respect to the
13N career field during the period of five to ten fiscal years
after submission of the report.
Subtitle B--Reserve Component Management
SEC. 511. MODIFICATION OF GRANT PROGRAM SUPPORTING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATH EDUCATION IN THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS TO INCLUDE QUANTUM INFORMATION SCIENCES.
Section 2036(g)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (J) through (M) as
subparagraphs (K) through (N), respectively; and
(2) by inserting after subparagraph (I) the following new
subparagraph:
``(J) quantum information sciences;''.
SEC. 512. PROHIBITION ON PRIVATE FUNDING FOR INTERSTATE DEPLOYMENT
OF NATIONAL GUARD.
(a) Prohibition.--Chapter 3 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 329. Prohibition on private funding for interstate deployment
``A member of the National Guard may not be ordered to cross a
border of a State to perform duty (under this title or title 10) if
such duty is paid for with private funds, unless such duty is in
response to a major disaster or emergency under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``329. Prohibition on private funding for interstate deployment.''.
SEC. 513. ACCESS TO TOUR OF DUTY SYSTEM.
(a) Access.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Army shall ensure,
subject to paragraph (2), that a member of the reserve components
of the Army may access the Tour of Duty system using a personal
internet-enabled device.
(2) Exception.--The Secretary of the Army may restrict access
to the Tour of Duty system on personal internet-enabled devices if
the Secretary determines such restriction is necessary to ensure
the security and integrity of information systems and data of the
United States.
(b) Tour of Duty System Defined.--In this Act, the term ``Tour of
Duty system'' means the online system of listings for opportunities to
serve on active duty for members of the reserve components of the Army
and through which such a member may apply for such an opportunity,
known as ``Tour of Duty'', or any successor to such system.
SEC. 514. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING USE
OF UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL GUARD.
Not later than September 30, 2022, the Secretary of Defense shall
implement recommendations of the Secretary described in section
519C(a)(2) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 515. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
Until September 30, 2026, the Secretary of Defense shall continue
to support the FireGuard program with personnel of the California
National Guard to aggregate, analyze, and assess multi-source remote
sensing information for interagency partnerships in the initial
detection and monitoring of wildfires.
SEC. 516. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) Authority.--During fiscal year 2022, the Secretary of Defense
may provide assistance to a National Guard Youth Challenge Program of a
State--
(1) in addition to assistance under subsection (d) of section
509 of title 32, United States Code;
(2) that is not subject to the matching requirement under such
subsection; and
(3) for--
(A) new program start-up costs; or
(B) a workforce development program.
(b) Limitations.--
(1) Matching.--The Secretary may not provide additional
assistance under this section to a State that does not comply with
the fund matching requirement under such subsection regarding
assistance under such subsection.
(2) Total assistance.--Total assistance under this section to
all States may not exceed $5,000,000 of the funds appropriated for
the National Guard Youth Challenge Program for fiscal year 2022.
(c) Reporting.--Any assistance provided under this section shall be
included in the annual report under subsection (k) of section 509 of
such title.
SEC. 517. REPORT ON METHODS TO ENHANCE SUPPORT FROM THE RESERVE
COMPONENTS IN RESPONSE TO CATASTROPHIC INCIDENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation and
coordination with the Federal Emergency Management Agency, the National
Security Council, the Council of Governors, and the National Governors
Association, shall submit to the appropriate congressional committees a
report that includes--
(1) a detailed examination of the policy framework for the
reserve components, consistent with existing authorities, to
provide support to other Federal agencies in response to
catastrophic incidents;
(2) identify major statutory or policy impediments to such
support; and
(3) recommendations for legislation as appropriate.
(b) Contents.--The report submitted under this section shall
include a description of--
(1) the assessment of the Secretary, informed by consultation
with the Federal Emergency Management Agency, the National Security
Council, the Council of Governors, and the National Governors
Association, regarding--
(A) the sufficiency of current authorities for the
reimbursement of reserve component personnel during
catastrophic incidents under title 10 and title 32, United
States Code; and
(B) specifically whether reimbursement authorities are
sufficient to ensure that military training and readiness are
not degraded to fund disaster response, or use of such
authorities degrades the effectiveness of the Disaster Relief
Fund;
(2) the plan of the Secretary to ensure there is parallel and
consistent policy in the application of the authorities granted
under section 12304a of title 10, United States Code, and section
502(f) of title 32, United States Code, including--
(A) a description of the disparities between benefits and
protections under Federal law versus State active duty;
(B) recommended solutions to achieve parity at the Federal
level; and
(C) recommended changes at the State level, if appropriate;
(3) the plan of the Secretary to ensure there is parity of
benefits and protections for members of the Armed Forces employed
as part of the response to catastrophic incidents under title 32 or
title 10, United States Code, and recommendations for addressing
shortfalls; and
(4) a review, by the Federal Emergency Management Agency, of
the current policy for, and an assessment of the sufficiency of,
reimbursement authority for the use of the reserve components, both
to the Department of Defense and to the States, during catastrophic
incidents, including any policy and legal limitations, and cost
assessment impact on Federal funding.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees;
(B) The Committee on Homeland Security of the House of
Representatives.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(D) The Committee on Transportation and Infrastructure of
the House of Representatives.
(E) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``catastrophic incident'' has the meaning given
that term in section 501 of the Homeland Security Act of 2002
(Public Law 107-296; 6 U.S.C. 311).
SEC. 518. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE
STRUCTURE BASED ON DOMESTIC RESPONSES.
(a) Study.--The Secretary of Defense shall conduct a study to
determine whether to reapportion the current force structure of the
National Guard based on wartime and domestic response requirements. The
study shall include the following elements:
(1) An assessment of how domestic response missions affect
recruitment and retention of qualified personnel, especially in
States--
(A) with the lowest ratios of National Guard members to the
general population; and
(B) that are most prone to natural disasters.
(2) An assessment of how domestic response missions affect the
ability of the National Guard of a State to ability to staff,
equip, and ready a unit for its Federal missions.
(3) A comparison of the costs of a response to a domestic
incident in a State with--
(A) units of the National Guard of such State; and
(B) units of the National Guards of other States pursuant
to an emergency management assistance compact.
(4) Based on the recommendations in the 2021 report of the
National Guard Bureau titled ``Impact of U.S. Population Trends on
National Guard Force Structure'', an assessment of--
(A) challenges to recruiting members of the National Guard;
(B) allocating mission sets to other geographic regions;
(C) the ability to track and respond to domestic migration
trends in order to establish a baseline for force structure
requirements;
(D) the availability of training ranges for Federal
missions;
(E) the availability of transportation and other support
infrastructure; and
(F) the cost of operation in each State.
(5) In light of the limited authority of the President under
section 104(c) of title 32, United States Code, an assessment of
whether the number of members of the National Guard is sufficient
to reapportion force structure to meet the requirements of domestic
responses and shifting populations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the results of the study under subsection (a).
(c) State Defined.--In this section, the term ``State'' includes
the various States and Territories, the Commonwealth of Puerto Rico,
and the District of Columbia.
SEC. 519. BRIEFING ON JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on
the status of the Junior Reserve Officers' Training Corps programs of
each Armed Force. The briefing shall include--
(1) an assessment of the current usage of the program,
including the number of individuals enrolled in the program, the
demographic information of individuals enrolled in the program, and
the number of units established under the program;
(2) a description of the efforts of the Armed Forces to meet
current enrollment targets for the program;
(3) an explanation of the reasons such enrollment targets have
not been met, if applicable;
(4) a description of any obstacles preventing the Armed Forces
from meeting such enrollment targets;
(5) a comparison of the potential benefits and drawbacks of
expanding the program; and
(6) a description of program-wide diversity and inclusion
recruitment and retention efforts.
Subtitle C--General Service Authorities and Military Records
SEC. 521. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR
PARTICIPATION IN CAREER INTERMISSION PROGRAM OF A MILITARY
DEPARTMENT.
Section 710(c)(3) of title 10, United States Code, is amended by
striking ``two months'' and inserting ``one month''.
SEC. 522. IMPROVEMENTS TO MILITARY ACCESSIONS IN ARMED FORCES UNDER
THE JURISDICTION OF THE SECRETARIES OF THE MILITARY DEPARTMENTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall take the
following steps regarding military accessions in each Armed Force under
the jurisdiction of the Secretary of a military department:
(1) Assess the prescribed medical standards for appointment as
an officer, or enlistment as a member, in such Armed Force.
(2) Determine how to update the medical screening processes for
appointment or enlistment.
(3) Determine how to standardize operations across the military
entrance processing stations.
(4) Determine how to improve aptitude testing methods and
standardized testing requirements.
(5) Determine how to improve the waiver process for individuals
who do not meet medical standards for accession.
(6) Determine, by reviewing data from calendar years 2017
through 2021, whether military accessions (including such
accessions pursuant to waivers) vary, by geographic region.
(7) Determine, by reviewing data from calendar years 2017
through 2021, whether access to military health records has
suppressed the number of such military accessions, authorized
Secretaries of the military departments, by--
(A) children of members of such Armed Forces;
(B) retired members of such Armed Forces; or
(C) recently separated members of such Armed Forces.
(8) Implement improvements determined under paragraphs (1)
through (7).
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary shall brief the Committees on
Armed Services of the Senate and House of Representatives on the
results of carrying out this section and recommendations regarding
legislation the Secretary determines necessary to improve such military
accessions.
SEC. 523. NOTICE PROGRAM RELATING TO OPTIONS FOR NATURALIZATION.
(a) Upon Enlistment.--The Secretary of each military department
shall prescribe regulations that ensure that a military recruit, who is
not a citizen of the United States, receives proper notice of options
for naturalization under title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.) Such notice shall inform the recruit of
existing programs or services that may aid in the naturalization
process of such recruit.
(b) Upon Separation.--The Secretary of Homeland Security, acting
through the Director of U.S. Citizenship and Immigration Services, and
in coordination with the Secretary of Defense, shall provide to a
member of the Armed Forces who is not a citizen of the United States,
upon separation of such member, notice of options for naturalization
under title III of the Immigration and Nationality Act (8 U.S.C. 1401
et seq.) Such notice shall inform the member of existing programs or
services that may aid in the naturalization process of such member.
SEC. 524. APPEALS TO PHYSICAL EVALUATION BOARD DETERMINATIONS OF
FITNESS FOR DUTY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall incorporate a formal appeals process
(including timelines established by the Secretary of Defense) into the
policies and procedures applicable to the implementation of the
Integrated Disability Evaluation System of the Department of Defense.
The appeals process shall include the following:
(1) The Secretary concerned shall ensure that a member of the
Armed Forces may submit a formal appeal made with respect to
determinations of fitness for duty to a Physical Evaluation Board
of such Secretary.
(2) The appeals process shall include, at the request of such
member, an impartial hearing on a fitness for duty determination to
be conducted by the Secretary concerned.
(3) Such member shall have the option to be represented at a
hearing by legal counsel.
SEC. 525. COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING AS
ELEMENT OF PERFORMANCE EVALUATIONS.
(a) Evaluations in General.--Each Secretary of a military
department shall ensure that the performance evaluations of any
individual described in subsection (b) under the jurisdiction of such
Secretary provides for an assessment of the extent to which such
individual has or has not exercised effective oversight and leadership
in the following:
(1) Improving conditions of privatized housing under subchapter
IV of chapter 169 of title 10, United States Code.
(2) Addressing concerns with respect to such housing of members
of the Armed Forces and their families who reside in such housing
on an installation of the military department concerned.
(b) Covered Individuals.--The individuals described in this
subsection are as follows:
(1) The commander of an installation of a military department
at which on-installation housing is managed by a landlord of
privatized housing under subchapter IV of chapter 169 of title 10,
United States Code.
(2) Each officer or senior enlisted member of the Armed Forces
at an installation described in paragraph (1) whose duties include
facilities or housing management at such installation.
(3) Any other officer or enlisted member of the Armed Forces
(whether or not at an installation described in paragraph (1)) as
specified by the Secretary of the military department concerned for
purposes of this section.
SEC. 526. FEASIBILITY STUDY ON ESTABLISHMENT OF HOUSING HISTORY FOR
MEMBERS OF THE ARMED FORCES WHO RESIDE IN HOUSING PROVIDED BY THE
UNITED STATES.
(a) Study; Report.--Not later than September 30, 2022, the
Secretary of Defense shall--
(1) conduct a feasibility study regarding the establishment of
a standard record of housing history for members of the Armed
Forces who reside in covered housing; and
(2) submit to the appropriate congressional committees a report
on the results of such study.
(b) Contents.--A record described in subsection (a) includes, with
regards to each period during which the member concerned resided in
covered housing, the following:
(1) The assessment of the commander of the military
installation in which such housing is located, of the condition of
such covered housing--
(A) prior to the beginning of such period; and
(B) in which the member concerned left such covered housing
upon vacating such covered housing.
(2) Contact information a housing provider may use to inquire
about such a record.
(c) Online Access.--A record described in subsection (a) would be
accessible through a website, maintained by the Secretary of the
military department concerned, through which a member of the Armed
Forces under the jurisdiction of such Secretary may access such record
of such member.
(d) Issuance.--The Secretary concerned would issue a copy of a
described in subsection (a) to the member concerned upon the
separation, retirement, discharge, or dismissal of such member from the
Armed Forces, with the DD Form 214 for such member.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Transportation and Infrastructure of
the House of Representatives.
(D) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``covered housing'' means housing provided by the
United States to a member of the Armed Forces.
SEC. 527. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES.
(a) Inclusion of Processes of Selective Service System.--Section
10208 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c)(1) The Secretary shall, beginning in the first fiscal year
that begins after the date of the enactment of this subsection, and
every five years thereafter, as part of the major mobilization exercise
under subsection (a), include the processes of the Selective Service
System in preparation for induction of personnel into the armed forces
under the Military Selective Service Act (50 U.S.C. 3801 et seq.), and
submit to Congress a report on the results of this exercise and
evaluation. The report may be submitted in classified form.
``(2) The exercise under this subsection--
``(A) shall include a review of national mobilization strategic
and operational concepts; and
``(B) shall include a simulation of a mobilization of all armed
forces and reserve units, with plans and processes for
incorporating Selective Service System inductees.''.
(b) Briefing; Report.--
(1) Briefing.--Not later than 180 days after the date on which
the Secretary of Defense conducts the first mobilization exercise
under section 10208 of title 10, United States Code, after the date
of the enactment of this Act, the Secretary shall provide to the
Committees of Armed Services of the Senate and House of
Representatives a briefing on--
(A) the status of the review and assessments conducted
pursuant to subsection (c) of such section, as added by
subsection (a); and
(B) any interim recommendations of the Secretary.
(2) Report.--Not later than two years after the date on which
the Secretary conducts the first mobilization exercise as described
in paragraph (1), the Secretary shall submit to the Committees of
Armed Services of the Senate and House of Representatives a report
that contains the following:
(A) A review of national mobilization strategic and
operational concepts.
(B) A simulation of a mobilization of all Armed Forces and
reserve units, with plans and processes for incorporating
Selective Service System inductees.
(C) An assessment of the Selective Service system in the
current organizational form.
(D) An assessment of the Selective Service System as a
peace-time registration system.
(E) Recommendations with respect to the challenges,
opportunities, cost, and timelines regarding the assessments
described in subparagraphs (C) and (D).
SEC. 528. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS
FOR THE SPACE FORCE.
(a) Exemption.--Sections 517 and 523 of title 10, United States
Code, shall not apply to the Space Force until January 1, 2023.
(b) Submittal.--Not later than April 1, 2022, the Secretary of the
Air Force shall establish and submit to the Committees on Armed
Services for the Senate and House of Representatives for inclusion in
the National Defense Authorization Act for fiscal year 2023, the number
of officers who--
(1) may be serving on active duty in each of the grades of
major, lieutenant colonel, and colonel; and
(2) may not, as of the end of such fiscal year, exceed a number
determined in accordance with section 523(a)(1) of such title.
SEC. 529. REPORT ON EXEMPTIONS AND DEFERMENTS FOR A POSSIBLE
MILITARY DRAFT.
Not later than 120 days after the date of the enactment of this
Act, the Director of the Selective Service System, in consultation with
the Secretary of Defense and the Secretary of Homeland Security, shall
submit to Congress a report providing a review of exemptions and
deferments from registration, training, and service under the Military
Selective Service Act (50 U.S.C. 3801 et seq.).
SEC. 529A. REPORT ON PROCESSES AND PROCEDURES FOR APPEAL OF DENIAL OF
STATUS OR BENEFITS FOR FAILURE TO REGISTER FOR SELECTIVE SERVICE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Selective Service System
shall submit to the appropriate committees of Congress a report setting
forth the results of a review of the processes and procedures employed
by agencies across the Federal Government for the appeal by individuals
of a denial of status or benefits under Federal law for failure to
register for selective service under the Military Selective Service Act
(50 U.S.C. 3801 et seq.).
(b) Consultation.--The Director of the Selective Service System
shall carry out this section in consultation with the Secretary of
Homeland Security, the Secretary of Education, the Director of the
Office of Personnel Management, and the heads of other appropriate
Federal agencies.
(c) Elements.--The report required by subsection (a) shall include
the following:
(1) A description and assessment of the various appeals
processes and procedures described in subsection (a), including--
(A) a description of such processes and procedures; and
(B) an assessment of--
(i) the adequacy of notice provided for appeals under
such processes and procedures;
(ii) the fairness of each such process and procedure;
(iii) the ease of use of each such process and
procedure;
(iv) consistency in the application of such processes
and procedures across the Federal Government; and
(v) the applicability of an appeal granted by one
Federal agency under such processes and procedures to the
actions and decisions of another Federal agency on a
similar appeal.
(2) Information on the number of waivers requested, and the
number of waivers granted, during the 15-year period ending on the
date of the enactment of this Act in connection with denial of
status or benefits for failure to register for selective service.
(3) An analysis and assessment of the recommendations of the
National Commission on Military, National, and Public Service for
reforming the rules and policies concerning failure to register for
selective service.
(4) Such recommendations for legislative or administrative
action as the Director of the Selective Service System, and the
consulting officers pursuant to subsection (b), consider
appropriate in light of the review conducted pursuant to subsection
(a).
(5) Such other matters in connection with the review conducted
pursuant to subsection (a) as the Director considers appropriate.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committee of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
SEC. 529B. STUDY AND REPORT ON ADMINISTRATIVE SEPARATION BOARDS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the use of administrative separation boards within
the Armed Forces.
(b) Elements.--The study under subsection (a) shall evaluate--
(1) the process each Armed Force uses to convene administrative
separation boards, including the process used to select the board
president, the recorder, the legal advisor, and board members; and
(2) the effectiveness of the operations of such boards.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study conducted under
subsection (a).
Subtitle D--Military Justice Reform
PART 1--SPECIAL TRIAL COUNSEL
SEC. 531. SPECIAL TRIAL COUNSEL.
(a) In General.--Subchapter V of chapter 47 of title 10, United
States Code, is amended by inserting after section 824 (article 24 of
the Uniform Code of Military Justice) the following new section:
``Sec. 824a. Art 24a. Special trial counsel
``(a) Detail of Special Trial Counsel.--Each Secretary concerned
shall promulgate regulations for the detail of commissioned officers to
serve as special trial counsel.
``(b) Qualifications.--A special trial counsel shall be a
commissioned officer who--
``(1)(A) is a member of the bar of a Federal court or a member
of the bar of the highest court of a State; and
``(B) is certified to be qualified, by reason of education,
training, experience, and temperament, for duty as a special trial
counsel by--
``(i) the Judge Advocate General of the armed force of
which the officer is a member; or
``(ii) in the case of the Marine Corps, the Staff Judge
Advocate to the Commandant of the Marine Corps; and
``(2) in the case of a lead special trial counsel appointed
pursuant to section 1044f(a)(2) of this title, is in a grade no
lower than O-7.
``(c) Duties and Authorities.--
``(1) In general.--Special trial counsel shall carry out the
duties described in this chapter and any other duties prescribed by
the Secretary concerned, by regulation.
``(2) Determination of covered offense; related charges.--
``(A) Authority.--A special trial counsel shall have
exclusive authority to determine if a reported offense is a
covered offense and shall exercise authority over any such
offense in accordance with this chapter. Any determination to
prefer or refer charges shall not act to disqualify the special
trial counsel as an accuser.
``(B) Known and related offenses.--If a special trial
counsel determines that a reported offense is a covered
offense, the special trial counsel may also exercise authority
over any offense that the special trial counsel determines to
be related to the covered offense and any other offense alleged
to have been committed by a person alleged to have committed
the covered offense.
``(3) Dismissal; referral; plea bargains.--Subject to paragraph
(4), with respect to charges and specifications alleging any
offense over which a special trial counsel exercises authority, a
special trial counsel shall have exclusive authority to, in
accordance with this chapter--
``(A) on behalf of the Government, withdraw or dismiss the
charges and specifications or make a motion to withdraw or
dismiss the charges and specifications;
``(B) refer the charges and specifications for trial by a
special or general court-martial;
``(C) enter into a plea agreement; and
``(D) determine if an ordered rehearing is impracticable.
``(4) Binding determination.--The determination of a special
trial counsel to refer charges and specifications to a court-
martial for trial shall be binding on any applicable convening
authority for the referral of such charges and specifications.
``(5) Deferral to commander or convening authority.--If a
special trial counsel exercises authority over an offense and
elects not to prefer charges and specifications for such offense
or, with respect to charges and specifications for such offense
preferred by a person other than a special trial counsel, elects
not to refer such charges and specifications, a commander or
convening authority may exercise any of the authorities of such
commander or convening authority under this chapter with respect to
such offense, except that such commander or convening authority may
not refer charges and specifications for a covered offense for
trial by special or general court-martial.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of subchapter V of chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), is amended by inserting after
the item relating to section 824 (article 24) the following new item:
``824a. Art 24a. Special trial counsel.''.
(c) Report Required.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the plan of the Secretary
for detailing officers to serve as special trial counsel pursuant
to section 824a of title 10, United States Code (article 24a of the
Uniform Code of Military Justice) (as added by subsection (a) of
this section).
(2) Elements.--Each report under paragraph (1) shall include
the following--
(A) The plan of the Secretary concerned--
(i) for staffing billets for--
(I) special trial counsel who meet the requirements
set forth in section 824a of title 10, United States
Code (article 24a of the Uniform Code of Military
Justice) (as added by subsection (a) of this section);
and
(II) defense counsel for cases involving covered
offenses; and
(ii) for supporting and ensuring the continuing
professional development of military justice practitioners.
(B) An estimate of the resources needed to implement such
section 824a (article 24a).
(C) An explanation of other staffing required to implement
such section 824a (article 24a), including staffing levels
required for military judges, military magistrates, military
defense attorneys, and paralegals and other support staff.
(D) A description of how the use of special trial counsel
will affect the military justice system as a whole.
(E) A description of how the Secretary concerned plans to
place appropriate emphasis and value on litigation experience
for judge advocates in order to ensure judge advocates are
experienced, prepared, and qualified to handle covered
offenses, both as special trial counsel and as defense counsel.
Such a description shall address promotion considerations and
explain how the Secretary concerned plans to instruct promotion
boards to value litigation experience.
(F) Any additional resources, authorities, or information
that each Secretary concerned deems relevant or important to
the implementation of the requirements of this title.
(3) Definitions.--In this subsection--
(A) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
(B) The term ``covered offense'' has the meaning given that
term in section 801(17) of title 10, United States Code (as
added by section 533 of this part).
SEC. 532. POLICIES WITH RESPECT TO SPECIAL TRIAL COUNSEL.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044e the following new section:
``Sec. 1044f. Policies with respect to special trial counsel
``(a) Policies Required.--The Secretary of Defense shall establish
policies with respect to the appropriate mechanisms and procedures that
the Secretaries of the military departments shall establish relating to
the activities of special trial counsel, including expected milestones
for such Secretaries to fully implement such mechanisms and procedures.
The policies shall--
``(1) provide for the establishment of a dedicated office
within each military service from which office the activities of
the special trial counsel of the military service concerned shall
be supervised and overseen;
``(2) provide for the appointment of one lead special trial
counsel, who shall--
``(A) be a judge advocate of that service in a grade no
lower than O-7, with significant experience in military
justice;
``(B) be responsible for the overall supervision and
oversight of the activities of the special trial counsel of
that service; and
``(C) report directly to the Secretary concerned, without
intervening authority;
``(3) ensure that within each office created pursuant to
paragraph (1), the special trial counsel and other personnel
assigned or detailed to the office--
``(A) are independent of the military chains of command of
both the victims and those accused of covered offenses and any
other offenses over which a special trial counsel at any time
exercises authority in accordance with section 824a of this
title (article 24a); and
``(B) conduct assigned activities free from unlawful or
unauthorized influence or coercion;
``(4) provide that special trial counsel shall be well-trained,
experienced, highly skilled, and competent in handling cases
involving covered offenses; and
``(5) provide that commanders of the victim and the accused in
a case involving a covered offense shall have the opportunity to
provide input to the special trial counsel regarding case
disposition, but that the input is not binding on the special trial
counsel.
``(b) Uniformity.--The Secretary of Defense shall ensure that any
lack of uniformity in the implementation of policies, mechanisms, and
procedures established under subsection (a) does not render
unconstitutional any such policy, mechanism, or procedure.
``(c) Military Service Defined.--In this section, the term
`military service' means the Army, Navy, Air Force, Marine Corps, and
Space Force.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of title 10, United States Code, is amended by inserting
after the item relating to section 1044e the following new item:
``1044f. Policies with respect to special trial counsel.''.
(c) Quarterly Briefing.--Beginning not later than 180 days after
the date of the enactment of this Act, and at the beginning of each
fiscal quarter thereafter until the policies established pursuant to
section 1044f(a) of title 10, United States Code (as added by
subsection (a)) and the mechanisms and procedures to which they apply
are fully implemented and operational, the Secretary of Defense and the
Secretaries of the military departments shall jointly provide to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a briefing detailing the
actions taken and progress made by the Office of the Secretary of
Defense and each of the military departments in meeting the milestones
established as required by such section.
SEC. 533. DEFINITION OF MILITARY MAGISTRATE, COVERED OFFENSE, AND
SPECIAL TRIAL COUNSEL.
Section 801 of title 10, United States Code (article 1 of the
Uniform Code of Military Justice), is amended--
(1) by inserting after paragraph (10) the following new
paragraph:
``(11) The term `military magistrate' means a commissioned
officer certified for duty as a military magistrate in accordance
with section 826a of this title (article 26a).''; and
(2) by adding at the end the following new paragraphs:
``(17) The term `covered offense' means--
``(A) an offense under section 917a (article 117a), section
918 (article 118), section 919 (article 119), section 920
(article 120), section 920b (article 120b), section 920c
(article 120c), section 925 (article 125), section 928b
(article 128b), section 930 (article 130), section 932 (article
132), or the standalone offense of child pornography punishable
under section 934 (article 134) of this title;
``(B) a conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of this title
(article 81);
``(C) a solicitation to commit an offense specified in
subparagraph (A) as punishable under section 882 of this title
(article 82); or
``(D) an attempt to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section 880
of this title (article 80).
``(18) The term `special trial counsel' means a judge advocate
detailed as a special trial counsel in accordance with section 824a
of this title (article 24a) and includes a judge advocate appointed
as a lead special trial counsel pursuant to section 1044f(a)(2) of
this title.''.
SEC. 534. CLARIFICATION RELATING TO WHO MAY CONVENE COURTS-MARTIAL.
(a) General Courts-martial.--Section 822(b) of title 10, United
States Code (article 22(b) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``If any'' and inserting ``(1) If any''; and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an accuser
solely due to the role of the commanding officer in convening a general
court-martial to which charges and specifications were referred by a
special trial counsel in accordance with this chapter.''.
(b) Special Courts-martial.--Section 823(b) of title 10, United
States Code (article 23(b) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``If any'' and inserting ``(1) If any''; and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an accuser
solely due to the role of the commanding officer in convening a special
court-martial to which charges and specifications were referred by a
special trial counsel in accordance with this chapter.''.
SEC. 535. DETAIL OF TRIAL COUNSEL.
Section 827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(e) For each general and special court-martial for which charges
and specifications were referred by a special trial counsel--
``(1) a special trial counsel shall be detailed as trial
counsel; and
``(2) a special trial counsel may detail other trial counsel as
necessary who are judge advocates.''.
SEC. 536. PRELIMINARY HEARING.
(a) Detail of Hearing Officer; Waiver.--Subsection (a)(1) of
section 832 of title 10, United States Code (article 32 of the Uniform
Code of Military Justice), is amended--
(1) in subparagraph (A), by striking ``hearing officer'' and
all that follows through the period at the end and inserting
``hearing officer detailed in accordance with subparagraph (C).'';
(2) in subparagraph (B), by striking ``written waiver'' and all
that follows through the period at the end and inserting the
following: ``written waiver to--
``(i) except as provided in clause (ii), the convening
authority and the convening authority determines that a hearing
is not required; and
``(ii) with respect to charges and specifications over
which the special trial counsel is exercising authority in
accordance with section 824a of this title (article 24a), the
special trial counsel and the special trial counsel determines
that a hearing is not required.''; and
(3) by adding at the end the following new subparagraph:
``(C)(i) Except as provided in clause (ii), the convening
authority shall detail a hearing officer.
``(ii) If a special trial counsel is exercising authority over
the charges and specifications subject to a preliminary hearing
under this section (article), the special trial counsel shall
request a hearing officer and a hearing officer shall be provided
by the convening authority, in accordance with regulations
prescribed by the President.''.
(b) Report of Preliminary Hearing Officer.--Subsection (c) of such
section is amended--
(1) in the heading, by inserting ``or Special Trial Counsel''
after ``Convening Authority''; and
(2) in the matter preceding paragraph (1) by striking ``to the
convening authority'' and inserting ``to the convening authority
or, in the case of a preliminary hearing in which the hearing
officer is provided at the request of a special trial counsel to
the special trial counsel,''.
SEC. 537. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL.
Section 834 of title 10, United States Code (article 34 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1), by striking ``Before referral'' and
inserting ``Subject to subsection (c), before referral''
(2) in subsection (b), by striking ``Before referral'' and
inserting ``Subject to subsection (c), before referral'';
(3) by redesignating subsections (c) and (d) as subsections (d)
and (e) respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Covered Offenses.--A referral to a general or special court-
martial for trial of charges and specifications over which a special
trial counsel exercises authority may only be made--
``(1) by a special trial counsel, subject to a special trial
counsel's written determination accompanying the referral that--
``(A) each specification under a charge alleges an offense
under this chapter;
``(B) there is probable cause to believe that the accused
committed the offense charged; and
``(C) a court-martial would have jurisdiction over the
accused and the offense; or
``(2) in the case of charges and specifications that do not
allege a covered offense and as to which a special trial counsel
declines to prefer or, in the case of charges and specifications
preferred by a person other than a special trial counsel, refer
charges, by the convening authority in accordance with this
section.''; and
(5) in subsection (e), as so redesignated, by inserting ``or,
with respect to charges and specifications over which a special
trial counsel exercises authority in accordance with section 824a
of this title (article 24a), a special trial counsel,'' after
``convening authority''.
SEC. 538. FORMER JEOPARDY.
Section 844(c) of title 10, United States Code (article 44(c) of
the Uniform Code of Military Justice), is amended by inserting ``or the
special trial counsel'' after ``the convening authority'' each place it
appears.
SEC. 539. PLEA AGREEMENTS.
(a) Authority to Enter Into Agreements.--Subsection (a) of section
853a of title 10, United States Code (article 53a of the Uniform Code
of Military Justice), is amended--
(1) in paragraph (1), by striking ``At any time'' and inserting
``Subject to paragraph (3), at any time''; and
(2) by adding at the end the following new paragraph:
``(3) With respect to charges and specifications over which a
special trial counsel exercises authority pursuant to section 824a of
this title (article 24a), a plea agreement under this section may only
be entered into between a special trial counsel and the accused. Such
agreement shall be subject to the same limitations and conditions
applicable to other plea agreements under this section (article).''.
(b) Binding Effect.--Subsection (d) of such section (article) is
amended by inserting after ``parties'' the following: ``(including the
convening authority and the special trial counsel in the case of a plea
agreement entered into under subsection (a)(3))''.
SEC. 539A. DETERMINATIONS OF IMPRACTICABILITY OF REHEARING.
(a) Transmittal and Review of Records.--Section 865(e)(3)(B) of
title 10, United States Code (article 65(e)(3)(B) of the Uniform Code
of Military Justice), is amended--
(1) by striking ``impractical.--If the Judge Advocate General''
and inserting the following: ``impracticable.--''
``(i) In general.--Subject to clause (ii), if the Judge
Advocate General'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) Cases referred by special trial counsel .--If a case
was referred to trial by a special trial counsel, a special
trial counsel shall determine if a rehearing is impracticable
and shall dismiss the charges if the special trial counsel so
determines.''.
(b) Courts of Criminal Appeals.--Section 866(f)(1)(C) of title 10,
United States Code (article 66(f)(1)(C) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``impracticable.--If the Court of Criminal
Appeals'' and inserting the following: ``Impracticable.--
``(i) In general.--Subject to clause (ii), if the Court of
Criminal Appeals''; and
(2) by adding at the end the following new clause:
``(ii) Cases referred by special trial counsel.--If a case
was referred to trial by a special trial counsel, a special
trial counsel shall determine if a rehearing is impracticable
and shall dismiss the charges if the special trial counsel so
determines.''.
(c) Review by the Court of Appeals for the Armed Forces.--Section
867(e) of title 10, United States Code (article 67(e) of the Uniform
Code of Military Justice), is amended by adding at the end the
following new sentence: ``Notwithstanding the preceding sentence, if a
case was referred to trial by a special trial counsel, a special trial
counsel shall determine if a rehearing is impracticable and shall
dismiss the charges if the special trial counsel so determines.''.
(d) Review by Judge Advocate General.--Section 869(c)(1)(D) of
title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code
of Military Justice), is amended--
(1) by striking ``If the Judge Advocate General'' and inserting
``(i) Subject to clause (ii), if the Judge Advocate General'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) If a case was referred to trial by a special trial counsel,
a special trial counsel shall determine if a rehearing is impracticable
and shall dismiss the charges if the special trial counsel so
determines.''.
SEC. 539B. APPLICABILITY TO THE UNITED STATES COAST GUARD.
The Secretary of Defense shall consult and enter into an agreement
with the Secretary of Homeland Security to apply the provisions of this
part and the amendments made by this part, and the policies,
mechanisms, and processes established pursuant to such provisions, to
the United States Coast Guard when it is operating as a service in the
Department of Homeland Security.
SEC. 539C. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part shall take effect on the date that is two
years after the date of the enactment of this Act and shall apply with
respect to offenses that occur after that date.
(b) Regulations.--
(1) Requirement.--The President shall prescribe regulations to
carry out this part not later than two years after the date of the
enactment of this Act.
(2) Impact of delay of issuance.--If the President does not
prescribe the regulations necessary to carry out this part before
the date that is two years after the date of the enactment of this
Act, the amendments made by this part shall take effect on the date
on which such regulations are prescribed and shall apply with
respect to offenses that occur on or after that date.
PART 2--SEXUAL HARASSMENT; SENTENCING REFORM
SEC. 539D. INCLUSION OF SEXUAL HARASSMENT AS GENERAL PUNITIVE ARTICLE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the President shall--
(1) prescribe regulations establishing sexual harassment, as
described in this section, as an offense punishable under section
934 of title 10, United States Code (article 134 of the Uniform
Code of Military Justice); and
(2) revise the Manual for Courts-Martial to include such
offense.
(b) Elements of Offense.--The regulations and the revisions to the
Manual for Courts-Martial required under subsection (a) shall provide
that the required elements constituting the offense of sexual
harassment are--
(1) that the accused knowingly made sexual advances, demands or
requests for sexual favors, or knowingly engaged in other conduct
of a sexual nature;
(2) that such conduct was unwelcome;
(3) that, under the circumstances, such conduct--
(A) would cause a reasonable person to believe, and a
certain person did believe, that submission to such conduct
would be made, either explicitly or implicitly, a term or
condition of that person's job, pay, career, benefits, or
entitlements;
(B) would cause a reasonable person to believe, and a
certain person did believe, that submission to, or rejection
of, such conduct would be used as a basis for decisions
affecting that person's job, pay, career, benefits, or
entitlements; or
(C) was so severe, repetitive, or pervasive that a
reasonable person would perceive, and a certain person did
perceive, an intimidating, hostile, or offensive working
environment; and
(4) that, under the circumstances, the conduct of the accused
was--
(A) to the prejudice of good order and discipline in the
armed forces;
(B) of a nature to bring discredit upon the armed forces;
or
(C) to the prejudice of good order and discipline in the
armed forces and of a nature to bring discredit upon the armed
forces.
SEC. 539E. SENTENCING REFORM.
(a) Article 53; Findings and Sentencing.--Section 853 of title 10,
United States Code (article 53 of the Uniform Code of Military
Justice), is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) General and special courts-martial.--Except as provided
in subsection (c) for capital offenses, if the accused is convicted
of an offense in a trial by general or special court-martial, the
military judge shall sentence the accused. The sentence determined
by the military judge constitutes the sentence of the court-
martial.''; and
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--In a capital case, if the accused is
convicted of an offense for which the court-martial may sentence
the accused to death--
``(A) the members shall determine--
``(i) whether the sentence for that offense shall be
death or life in prison without eligibility for parole; or
``(ii) whether the matter shall be returned to the
military judge for determination of a lesser punishment;
and
``(B) the military judge shall sentence the accused for
that offense in accordance with the determination of the
members under subparagraph (A).''; and
(B) in paragraph (2), by striking ``the court-martial'' and
inserting ``the military judge''.
(b) Article 53a; Plea Agreements.--Section 853a of title 10, United
States Code (article 53a of the Uniform Code of Military Justice), as
amended by section 539 of this Act, is further amended--
(1) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acceptance of Plea Agreement.--Subject to subsection (c), the
military judge of a general or special court-martial shall accept a
plea agreement submitted by the parties, except that--
``(1) in the case of an offense with a sentencing parameter set
forth in regulations prescribed by the President pursuant to
section 539E(e) of the National Defense Authorization Act for
Fiscal Year 2022, the military judge may reject a plea agreement
that proposes a sentence that is outside the sentencing parameter
if the military judge determines that the proposed sentence is
plainly unreasonable; and
``(2) in the case of an offense for which the President has not
established a sentencing parameter pursuant to section 539E(e) of
the National Defense Authorization Act for Fiscal Year 2022, the
military judge may reject a plea agreement that proposes a sentence
if the military judge determines that the proposed sentence is
plainly unreasonable.''.
(c) Article 56; Sentencing.--Section 856 of title 10, United States
Code (article 56 of the Uniform Code of Military Justice), is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (C)(vii), by striking ``and'' at
the end;
(ii) in subparagraph (D), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(E) the applicable sentencing parameters or sentencing
criteria set forth in regulations prescribed by the President
pursuant to section 539E(e) of the National Defense
Authorization Act for Fiscal Year 2022.''; and
(B) by striking paragraphs (2) through (4) and inserting
the following new paragraphs:
``(2) Application of sentencing parameters in general and
special courts-martial.--
``(A) Requirement to sentence within parameters.--Except as
provided in subparagraph (B), in a general or special court-
martial in which the accused is convicted of an offense for
which the President has established a sentencing parameter
pursuant to section 539E(e) of the National Defense
Authorization Act for Fiscal Year 2022, the military judge
shall sentence the accused for that offense within the
applicable parameter.
``(B) Exception.--The military judge may impose a sentence
outside a sentencing parameter upon finding specific facts that
warrant such a sentence. If the military judge imposes a
sentence outside a sentencing parameter under this
subparagraph, the military judge shall include in the record a
written statement of the factual basis for the sentence.
``(3) Use of sentencing criteria in general and special courts-
martial.--In a general or special court-martial in which the
accused is convicted of an offense for which the President has
established sentencing criteria pursuant to section 539E(e) of the
National Defense Authorization Act for Fiscal Year 2022, the
military judge shall consider the applicable sentencing criteria in
determining the sentence for that offense.
``(4) Offense-based sentencing in general and special courts-
martial.--In announcing the sentence under section 853 of this
title (article 53) in a general or special court-martial, the
military judge shall, with respect to each offense of which the
accused is found guilty, specify the term of confinement, if any,
and the amount of the fine, if any. If the accused is sentenced to
confinement for more than one offense, the military judge shall
specify whether the terms of confinement are to run consecutively
or concurrently.
``(5) Inapplicability to death penalty.--Sentencing parameters
and sentencing criteria shall not apply to a determination of
whether an offense should be punished by death.
``(6) Sentence of confinement for life without eligibility for
parole.--
``(A) In general.--If an offense is subject to a sentence
of confinement for life, a court-martial may impose a sentence
of confinement for life without eligibility for parole.
``(B) Term of confinement.--An accused who is sentenced to
confinement for life without eligibility for parole shall be
confined for the remainder of the accused's life unless--
``(i) the sentence is set aside or otherwise modified
as a result of--
``(I) action taken by the convening authority or
the Secretary concerned; or
``(II) any other action taken during post-trial
procedure or review under any other provision of
subchapter IX of this chapter;
``(ii) the sentence is set aside or otherwise modified
as a result of action taken by a court of competent
jurisdiction; or
``(iii) the accused receives a pardon or another form
of Executive clemency.''; and
(4) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) in the case of a sentence for an offense for which
the President has established a sentencing parameter pursuant
to section 539E(e) of the National Defense Authorization Act
for Fiscal Year 2022, the sentence is a result of an incorrect
application of the parameter; or''; and
(D) in subparagraph (C), as redesignated by subparagraph
(B) of this paragraph, by striking ``, as determined in
accordance with standards and procedures prescribed by the
President''.
(d) Article 66; Courts of Criminal Appeals.--Section 866 of title
10, United States Code (article 66 of the Uniform Code of Military
Justice), as amended by section 539A of this Act, is further amended--
(1) in subsection (d)(1)(A), by striking the third sentence;
and
(2) by amending subsection (e) to read as follows:
``(e) Consideration of Sentence.--
``(1) In general.--In considering a sentence on appeal, other
than as provided in section 856(d) of this title (article 56(d)),
the Court of Criminal Appeals may consider--
``(A) whether the sentence violates the law;
``(B) whether the sentence is inappropriately severe--
``(i) if the sentence is for an offense for which the
President has not established a sentencing parameter
pursuant to section 539E(e) of the National Defense
Authorization Act for Fiscal Year 2022; or
``(ii) in the case of an offense for which the
President has established a sentencing parameter pursuant
to section 539E(e) of the National Defense Authorization
Act for Fiscal Year 2022, if the sentence is above the
upper range of such sentencing parameter;
``(C) in the case of a sentence for an offense for which
the President has established a sentencing parameter pursuant
to section 539E(e) of the National Defense Authorization Act
for Fiscal Year 2022, whether the sentence is a result of an
incorrect application of the parameter;
``(D) whether the sentence is plainly unreasonable; and
``(E) in review of a sentence to death or to life in prison
without eligibility for parole determined by the members in a
capital case under section 853(c) of this title (article
53(c)), whether the sentence is otherwise appropriate, under
rules prescribed by the President.
``(2) Record on appeal.--In an appeal under this subsection or
section 856(d) of this title (article 56(d)), other than review
under subsection (b)(2) of this section, the record on appeal shall
consist of--
``(A) any portion of the record in the case that is
designated as pertinent by any party;
``(B) the information submitted during the sentencing
proceeding; and
``(C) any information required by rule or order of the
Court of Criminal Appeals.''.
(e) Establishment of Sentencing Parameters and Sentencing
Criteria.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the President shall prescribe regulations
establishing sentencing parameters and sentencing criteria related
to offenses under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), in accordance with this
subsection. Such parameters and criteria--
(A) shall cover sentences of confinement; and
(B) may cover lesser punishments, as the President
determines appropriate.
(2) Sentencing parameters.--Sentencing parameters established
under paragraph (1) shall--
(A) identify a delineated sentencing range for an offense
that is appropriate for a typical violation of the offense,
taking into consideration--
(i) the severity of the offense;
(ii) the guideline or offense category that would apply
to the offense if the offense were tried in a United States
district court;
(iii) any military-specific sentencing factors;
(iv) the need for the sentencing parameter to be
sufficiently broad to allow for individualized
consideration of the offense and the accused; and
(v) any other relevant sentencing guideline.
(B) include no fewer than 5 and no more than 12 offense
categories;
(C) assign such offense under this chapter to an offense
category unless the offense is identified as unsuitable for
sentencing parameters under paragraph (4)(F)(ii); and
(D) delineate the confinement range for each offense
category by setting an upper confinement limit and a lower
confinement limit.
(3) Sentencing criteria.--Sentencing criteria established under
paragraph (1) shall identify offense-specific factors the military
judge should consider and any collateral effects of available
punishments that may aid the military judge in determining an
appropriate sentence when there is no applicable sentencing
parameter for a specific offense.
(4) Military sentencing parameters and criteria board.--
(A) In general.--There is established within the Department
of Defense a board, to be known as the ``Military Sentencing
Parameters and Criteria Board'' (referred to in this subsection
as the ``Board'').
(B) Voting members.--The Board shall have 5 voting members,
as follows:
(i) The 4 chief trial judges designated under section
826(g) of title 10, United States Code (article 26(g) of
the Uniform Code of Military Justice), except that, if the
chief trial judge of the Coast Guard is not available, the
Judge Advocate General of the Coast Guard may designate as
a voting member a judge advocate of the Coast Guard with
substantial military justice experience.
(ii) A trial judge of the Navy, designated under
regulations prescribed by the President, if the chief trial
judges designated under section 826(g) of title 10, United
States Code (article 26(g) of the Uniform Code of Military
Justice), do not include a trial judge of the Navy.
(iii) A trial judge of the Marine Corps, designated
under regulations prescribed by the President, if the chief
trial judges designated under section 826(g) of title 10,
United States Code (article 26(g) of the Uniform Code of
Military Justice), do not include a trial judge of the
Marine Corps.
(C) Nonvoting members.--The Chief Judge of the Court of
Appeals for the Armed Forces, the Chairman of the Joint Chiefs
of Staff, and the General Counsel of the Department of Defense
shall each designate one nonvoting member of the Board. The
Secretary of Defense may appoint one additional nonvoting
member of the Board at the Secretary's discretion.
(D) Chair and vice-chair.--The Secretary of Defense shall
designate one voting member as chair of the Board and one
voting member as vice-chair.
(E) Voting requirement.--An affirmative vote of at least
three members is required for any action of the Board under
this subsection.
(F) Duties of board.--The Board shall have the following
duties:
(i) As directed by the Secretary of Defense, the Board
shall submit to the President for approval--
(I) sentencing parameters for all offenses under
chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice) (other than offenses that the
Board identifies as unsuitable for sentencing
parameters in accordance with clause (ii)); and
(II) sentencing criteria to be used by military
judges in determining appropriate sentences for
offenses that are identified as unsuitable for
sentencing parameters in accordance with clause (ii).
(ii) Identify each offense under chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), that is unsuitable for sentencing parameters. The
Board shall identify an offense as unsuitable for
sentencing parameters if--
(I) the nature of the offense is indeterminate and
unsuitable for categorization; and
(II) there is no similar criminal offense under the
laws of the United States or the laws of the District
of Columbia.
(iii) In developing sentencing parameters and criteria,
the Board shall consider the sentencing data collected by
the Military Justice Review Panel pursuant to section
946(f)(2) of title 10, United States Code (article
146(f)(2) of the Uniform Code of Military Justice).
(iv) In addition to establishing parameters for
sentences of confinement under clause (i)(I), the Board
shall consider the appropriateness of establishing
sentencing parameters for punitive discharges, fines,
reductions, forfeitures, and other lesser punishments
authorized under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice).
(v) The Board shall regularly--
(I) review, and propose revision to, in
consideration of comments and data coming to the
Board's attention, the sentencing parameters and
sentencing criteria prescribed under paragraph (1); and
(II) submit to the President, through the Secretary
of Defense, proposed amendments to the sentencing
parameters and sentencing criteria, together with
statements explaining the basis for the proposed
amendments.
(vi) The Board shall develop means of measuring the
degree to which applicable sentencing, penal, and
correctional practices are effective with respect to the
sentencing factors and policies set forth in this section.
(vii) In fulfilling its duties and in exercising its
powers, the Board shall consult authorities on, and
individual and institutional representatives of, various
aspects of the military criminal justice system. The Board
may establish separate advisory groups consisting of
individuals with current or recent experience in command
and in senior enlisted positions, individuals with
experience in the trial of courts-martial, and such other
groups as the Board deems appropriate.
(viii) The Board shall submit to the President, through
the Secretary of Defense, proposed amendments to the rules
for courts-martial with respect to sentencing proceedings
and maximum punishments, together with statements
explaining the basis for the proposed amendments.
(f) Effective Date.--The amendments made by this section shall take
effect on the date that is two years after the date of the enactment of
this Act and shall apply to sentences adjudged in cases in which all
findings of guilty are for offenses that occurred after the date that
is two years after the date of the enactment of this Act.
(g) Repeal of Secretarial Guidelines on Sentences for Offenses
Committed Under the Uniform Code of Military Justice.--Section 537 of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.
PART 3--REPORTS AND OTHER MATTERS
SEC. 539F. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2022, each Secretary
concerned shall provide to the appropriate congressional committees
a briefing that details the resourcing necessary to implement this
subtitle and the amendments made by this subtitle.
(2) Report.--On a date occurring after the briefing under
paragraph (1), but not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to the
appropriate congressional committees a report that details the
resourcing necessary to implement this subtitle and the amendments
made by this subtitle.
(3) Form of briefing and report.--Each Secretary concerned may
provide the briefing and report required under paragraphs (1) and
(2) jointly, or separately, as determined appropriate by such
Secretaries
(b) Elements.--The briefing and report required under subsection
(a) shall address the following:
(1) The number of additional personnel and personnel
authorizations (military and civilian) required by the Armed Forces
to implement and execute the provisions of this subtitle and the
amendments made by this subtitle by the effective date specified in
section 539C.
(2) The basis for the number provided pursuant to paragraph
(1), including the following:
(A) A description of the organizational structure in which
such personnel or groups of personnel are or will be aligned.
(B) The nature of the duties and functions to be performed
by any such personnel or groups of personnel across the domains
of policy-making, execution, assessment, and oversight.
(C) The optimum caseload goal assigned to the following
categories of personnel who are or will participate in the
military justice process: criminal investigators of different
levels and expertise, laboratory personnel, defense counsel,
special trial counsel, military defense counsel, military
judges, and military magistrates.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed Force
concerned.
(3) The nature and scope of any contract required by the Armed
Force concerned to implement and execute the provisions of this
subtitle and the amendments made by this subtitle by the effective
date specified in section 539C.
(4) The amount and types of additional funding required by the
Armed Force concerned to implement the provisions of this subtitle
and the amendments made by this subtitle by the effective date
specified in section 539C.
(5) Any additional authorities required to implement the
provisions of this subtitle and the amendments made by this
subtitle by the effective date specified in section 539C.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping, and
resourcing of the Armed Forces to implement and execute the
provisions of this subtitle and the amendments made by this
subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(a) of title 10, United States Code.
SEC. 539G. BRIEFING ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS OF THE
INDEPENDENT REVIEW COMMISSION ON SEXUAL ASSAULT IN THE MILITARY.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the status of the implementation of the
recommendations set forth in the report of the Independent Review
Commission on Sexual Assault in the Military titled ``Hard Truths and
the Duty to Change: Recommendations from the Independent Review
Commission on Sexual Assault in the Military'', and dated July 2, 2021.
(b) Elements.--The briefing under subsection (a) shall address the
following:
(1) The status of the implementation of each recommendation,
including--
(A) whether, how, and to what extent the recommendation has
been implemented; and
(B) any rules, regulations, policies, or other guidance
that have been issued, revised, changed, or cancelled as a
result of the implementation of the recommendation.
(2) For each recommendation that has not been fully implemented
or superseded by statute as of the date of the briefing, a
description of any plan for the implementation of the
recommendation, including identification of--
(A) intermediate actions, milestone dates, and any expected
completion date for implementation of the recommendation; and
(B) any rules, regulations, policies, or other guidance
that are expected to be issued, revised, changed, or cancelled
as a result of the implementation of the recommendation.
Subtitle E--Other Military Justice and Legal Matters
SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNIFORM CODE
OF MILITARY JUSTICE.
Section 806b(a) of title 10, United States Code (article 6b(a) of
the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) The right to be informed in a timely manner of any plea
agreement, separation-in-lieu-of-trial agreement, or non-
prosecution agreement relating to the offense, unless providing
such information would jeopardize a law enforcement proceeding or
would violate the privacy concerns of an individual other than the
accused.''.
SEC. 542. CONDUCT UNBECOMING AN OFFICER.
(a) In General.--Section 933 of title 10, United States Code
(article 133 of the Uniform Code of Military Justice) is amended--
(1) in the section heading, by striking ``and a gentleman'';
and
(2) by striking ``and a gentleman''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of such title is amended by striking the
item relating to section 933 (article 133) and inserting the following
new item:
``933. 133. Conduct unbecoming an officer.''.
SEC. 543. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL
HARASSMENT.
(a) In General.--Section 1561 of title 10, United States Code, is
amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent investigation
``(a) Action on Complaints Alleging Sexual Harassment.--A
commanding officer or officer in charge of a unit, vessel, facility, or
area of the Army, Navy, Air Force, Marine Corps, or Space Force who
receives from a member of the command or a civilian employee under the
supervision of the officer a formal complaint alleging a claim of
sexual harassment by a member of the armed forces or a civilian
employee of the Department of Defense shall, to the extent practicable,
direct that an independent investigation of the matter be carried out
in accordance with this section.
``(b) Commencement of Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving such a formal
complaint shall forward such complaint to an independent investigator
within 72 hours after receipt of the complaint, and shall further--
``(1) forward the formal complaint or a detailed description of
the allegation to the next superior officer in the chain of command
who is authorized to convene a general court-martial; and
``(2) advise the complainant of the commencement of the
investigation.
``(c) Duration of Investigation.--To the extent practicable, a
commanding officer or officer in charge shall ensure that an
independent investigator receiving a formal complaint of sexual
harassment under this section completes the investigation of the
complaint not later than 14 days after the date on which the
investigation is commenced, and that the findings of the investigation
are forwarded to the commanding officer or officer in charge specified
in subsection (a) for action as appropriate.
``(d) Report on Investigation.--To the extent practicable, a
commanding officer or officer in charge shall--
``(1) submit a final report on the results of the independent
investigation, including any action taken as a result of the
investigation, to the next superior officer referred to in
subsection (b)(1) within 20 days after the date on which the
investigation is commenced; or
``(2) submit a report on the progress made in completing the
investigation to the next superior officer referred to in
subsection (b)(1) within 20 days after the date on which the
investigation is commenced and every 14 days thereafter until the
investigation is completed and, upon completion of the
investigation, then submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to that next superior officer.
``(e) Sexual Harassment Defined.--In this section, the term `sexual
harassment' means conduct that constitutes the offense of sexual
harassment as punishable under section 934 of this title (article 134)
pursuant to the regulations prescribed by the Secretary of Defense for
purposes of such section (article).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of title 10, United States Code, is amended by striking the
item relating to section 1561 and inserting the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall--
(1) take effect on the date that is two years after the date of
the enactment of this Act; and
(2) apply to any investigation of a formal complaint of sexual
harassment (as defined in section 1561 of title 10, United States
Code, as amended by subsection (a)) made on or after that date.
(d) Regulations.--Not later than 18 months after the date of the
enactment of this Act the Secretary of Defense shall prescribe
regulations providing for the implementation of section 1561 of title
10, United States Code, as amended by subsection (a).
(e) Report on Implementation.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the preparation of the Secretary to
implement section 1561 of title 10, United States Code, as amended by
subsection (a).
SEC. 544. DEPARTMENT OF DEFENSE TRACKING OF ALLEGATIONS OF
RETALIATION BY VICTIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT AND
RELATED PERSONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1562 the following new section:
``Sec. 1562a. Complaints of retaliation by victims of sexual assault or
sexual harassment and related persons: tracking by Department of
Defense
``(a) Designation of Responsible Component.--The Secretary of
Defense shall designate a component of the Office of the Secretary of
Defense to be responsible for documenting and tracking all covered
allegations of retaliation and shall ensure that the Secretaries
concerned and the Inspector General of the Department of Defense
provide to such component the information required to be documented and
tracked as described in subsection (b).
``(b) Tracking of Allegations.--The head of the component
designated by the Secretary under subsection (a) shall document and
track each covered allegation of retaliation, including--
``(1) that such an allegation has been reported and by whom;
``(2) the date of the report;
``(3) the nature of the allegation and the name of the person
or persons alleged to have engaged in such retaliation;
``(4) the Department of Defense component or other entity
responsible for the investigation of or inquiry into the
allegation;
``(5) the entry of findings;
``(6) referral of such findings to a decisionmaker for review
and action, as appropriate;
``(7) the outcome of final action; and
``(8) any other element of information pertaining to the
allegation determined appropriate by the Secretary or the head of
the component designated by the Secretary.
``(c) Covered Allegation of Retaliation Defined.--In this section,
the term `covered allegation of retaliation' means an allegation of
retaliation--
``(1) made by--
``(A) an alleged victim of sexual assault or sexual
harassment;
``(B) an individual charged with providing services or
support to an alleged victim of sexual assault or sexual
harassment;
``(C) a witness or bystander to an alleged sexual assault
or sexual harassment; or
``(D) any other person associated with an alleged victim of
a sexual assault or sexual harassment; and
``(2) without regard to whether the allegation is reported to
or investigated or inquired into by--
``(A) the Department of Defense Inspector General or any
other inspector general;
``(B) a military criminal investigative organization;
``(C) a commander or other person at the direction of the
commander;
``(D) another military or civilian law enforcement
organization; or
``(E) any other organization, officer, or employee of the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of title 10, United States Code, is amended by inserting
after the item relating to section 1562 the following new item:
``1562a. Complaints of retaliation by victims of sexual assault or
sexual harassment and related persons: tracking by Department
of Defense.''.
SEC. 545. MODIFICATION OF NOTICE TO VICTIMS OF PENDENCY OF FURTHER
ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION NOT TO REFER TO
TRIAL BY COURT-MARTIAL.
Section 549 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 806b note) is amended--
(1) in the section heading, by striking ``alleged sexual
assault'' and inserting ``alleged sex-related offense'';
(2) by striking ``Under regulations'' and inserting
``Notwithstanding section 552a of title 5, United States Code, and
under regulations'';
(3) by striking ``alleged sexual assault'' and inserting ``an
alleged sex-related offense (as defined in section 1044e(h) of
title 10, United States Code)''; and
(4) by adding at the end the following new sentence: ``Upon
such final determination, the commander shall notify the victim of
the type of action taken on such case, the outcome of the action
(including any punishments assigned or characterization of service,
as applicable), and such other information as the commander
determines to be relevant.''
SEC. 546. CIVILIAN POSITIONS TO SUPPORT SPECIAL VICTIMS' COUNSEL.
(a) Civilian Support Positions.--Each Secretary of a military
department may establish one or more civilian positions within each
office of the Special Victims' Counsel under the jurisdiction of such
Secretary.
(b) Duties.--The duties of each position under subsection (a) shall
be--
(1) to provide support to Special Victims' Counsel, including
legal, paralegal, and administrative support; and
(2) to ensure the continuity of legal services and the
preservation of institutional knowledge in the provision of victim
legal services notwithstanding transitions in the military
personnel assigned to offices of the Special Victims' Counsel.
(c) Special Victims' Counsel Defined.--In this section, the term
``Special Victims' Counsel'' means Special Victims' Counsel described
in section 1044e of title 10, United States Code, and in the case of
the Navy and Marine Corps, includes counsel designated as ``Victims'
Legal Counsel''.
SEC. 547. PLANS FOR UNIFORM DOCUMENT MANAGEMENT SYSTEM, TRACKING
PRETRIAL INFORMATION, AND ASSESSING CHANGES IN LAW.
(a) Plan for Document Management System.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of Homeland Security (with respect to the Coast
Guard when it is not operating as a service in the Navy), the
Secretaries of the military departments, and the Judge Advocates
specified in subsection (e), shall publish a plan pursuant to which
the Secretary of Defense shall establish a single document
management system for use by each Armed Force to collect and
present information on matters within the military justice system,
including information collected and maintained for purposes of
section 940a of title 10, United States Code (article 140a of the
Uniform Code of Military Justice).
(2) Elements.--The plan under subsection (a) shall meet the
following criteria:
(A) Consistency of data fields.--The plan shall ensure that
each Armed Force uses consistent data collection fields,
definitions, and other criteria for the document management
system described in subsection (a).
(B) Best practices.--The plan shall include a strategy for
incorporating into the document management system the features
of the case management and electronic case filing system of the
Federal courts to the greatest extent possible.
(C) Prospective application.--The plan shall require the
document management system to be used for the collection and
presentation of information about matters occurring after the
date of the implementation of the system. The plan shall not
require the collection and presentation of historical data
about matters occurring before the implementation date of the
system.
(D) Resources.--The plan shall include an estimate of the
resources (including costs, staffing, and other resources)
required to implement the document management system.
(E) Authorities.--The plan shall include an analysis of any
legislative actions, including any changes to law, that may be
required to implement the document management system for each
Armed Force.
(b) Plan for Tracking Pretrial Information.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a service in the
Navy), the Secretaries of the military departments, and the Judge
Advocates specified in subsection (e), shall publish a plan addressing
how the Armed Forces will collect, track, and maintain pretrial
records, data, and other information regarding the reporting,
investigation, and processing of all offenses under chapter 47 of title
10, United States Code (the Uniform Code of Military Justice), arising
in any Armed Force in a manner such that each Armed Force uses
consistent data collection fields, definitions, and criteria.
(c) Plan for Assessing Effects of Changes in Law.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a service in the
Navy), the Secretaries of the military departments, and the Judge
Advocates specified in subsection (e), shall publish a plan addressing
the manner in which the Department of Defense will analyze the effects
of the changes in law and policy required under subtitle D and the
amendments made by such subtitle with respect to the disposition of
offenses over which a special trial counsel at any time exercises
authority in accordance with section 824a of title 10, United States
Code (article 24a of the Uniform Code of Military Justice) (as added by
section 531 of this Act).
(d) Interim Briefings.--
(1) In general.--Not less frequently than once every 90 days
during the covered period, the Secretary of Defense, in
consultation with the Secretary of Homeland Security (with respect
to the Coast Guard when it is not operating as a service in the
Navy), the Secretaries of the military departments, and the Judge
Advocates specified in subsection (e), shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a briefing on
the status of the development of the plans required under
subsections (a) through (c).
(2) Covered period.--In this subsection, the term ``covered
period'' means the period beginning on the date of the enactment of
this Act and ending on the date that is one year after the date of
the enactment of this Act.
(e) Judge Advocates Specified.--The Judge Advocates specified in
this subsection are the following:
(1) The Judge Advocate General of the Army.
(2) The Judge Advocate General of the Navy.
(3) The Judge Advocate General of the Air Force.
(4) The Staff Judge Advocate to the Commandant of the Marine
Corps.
(5) The Judge Advocate General of the Coast Guard.
SEC. 548. DETERMINATION AND REPORTING OF MEMBERS MISSING, ABSENT
UNKNOWN, ABSENT WITHOUT LEAVE, AND DUTY STATUS-WHEREABOUTS
UNKNOWN.
(a) Comprehensive Review of Missing Persons Reporting.--The
Secretary of Defense shall instruct each Secretary of a military
department to perform a comprehensive review of the policies and
procedures of the military department concerned to determine and report
a member of an Armed Force under the jurisdiction of such Secretary of
a military department as missing, absent unknown, absent without leave,
or duty status-whereabouts unknown.
(b) Review of Installation-level Procedures.--In addition to such
other requirements as may be set forth by the Secretary of Defense
pursuant to subsection (a), each Secretary of a military department
shall, with regard to the military department concerned--
(1) direct each commander of a military installation, including
any tenant command or activity present on such military
installation, to review policies and procedures for carrying out
the determination and reporting activities described in subsection
(a); and
(2) update such installation-level policies and procedures,
including any tenant command or activity policies and procedures,
to improve force protection, enhance security for members living on
the military installation, and promote reporting at the earliest
practicable time to local law enforcement (at all levels) and
Federal law enforcement field offices with overlapping jurisdiction
with that installation, when a member is determined to be missing,
absent unknown, absent without leave, or duty status-whereabouts
unknown.
(c) Installation-specific Reporting Protocols.--
(1) In general.--Each commander of a military installation
shall establish a protocol applicable to all persons and
organizations present on the military installation, including
tenant commands and activities, for sharing information with local
and Federal law enforcement agencies about members who are missing,
absent-unknown, absent without leave, or duty status-whereabouts
unknown. The protocol shall provide for the immediate entry
regarding the member concerned in the Missing Persons File of the
National Crimes Information Center data and for the commander to
immediately notify all local law enforcement agencies with
jurisdictions in the immediate area of the military installation,
when the status of a member assigned to such installation has been
determined to be missing, absent unknown, absent without leave, or
duty status-whereabouts unknown.
(2) Reporting to military installation command.--Each commander
of a military installation shall submit the protocol established
pursuant to paragraph (1) to the Secretary of the military
department concerned.
(d) Report Regarding National Guard.--Not later than June 1, 2022,
the Secretary of Defense shall submit, to the Committees on Armed
Services of the Senate and House of Representatives, a report on the
feasibility of implementing subsections (a), (b), and (c), with regards
to facilities of the National Guard. Such report shall include
recommendations of the Secretary, including a proposed timeline for
implementing the provisions of such subsections that the Secretary
determines feasible.
SEC. 549. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND
RESPONSE.
(a) Delegation of Authority to Authorize Exceptional Eligibility
for Certain Benefits.--Paragraph (4) of section 1059(m) of title 10,
United States Code, is amended to read as follows:
``(4)(A) Except as provided in subparagraph (B), the authority of
the Secretary concerned under paragraph (1) may not be delegated.
``(B) During the two year period following the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, the authority of the Secretary concerned under paragraph (1) may
be delegated to an official at the Assistant Secretary-level or above.
Any exercise of such delegated authority shall be reported to the
Secretary concerned on a quarterly basis.''.
(b) Extension of Requirement for Annual Family Advocacy Program
Report Regarding Child Abuse and Domestic Violence.--Section 574(a) of
the National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2141) is amended by striking ``April 30, 2021'' and
inserting ``April 30, 2026''.
(c) Implementation of Comptroller General Recommendations.--
(1) In general.--Consistent with the recommendations set forth
in the report of the Comptroller General of the United States
titled ``Domestic Abuse: Actions Needed to Enhance DOD's
Prevention, Response, and Oversight'' (GAO-21-289), the Secretary
of Defense, in consultation with the Secretaries of the military
departments, shall carry out the activities specified in
subparagraphs (A) through (K).
(A) Domestic abuse data.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall carry out each of the following:
(i) Issue guidance to the Secretaries of the military
departments to clarify and standardize the process for
collecting and reporting data on domestic abuse in the
Armed Forces, including--
(I) data on the numbers and types of domestic abuse
incidents involving members of the Armed Forces; and
(II) data for inclusion in the reports required to
be submitted under section 574 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2141).
(ii) Develop a quality control process to ensure the
accurate and complete reporting of data on allegations of
abuse involving a member of the Armed Forces, including
allegations of abuse that do not meet the Department of
Defense definition of domestic abuse.
(iii) Expand the scope of any reporting to Congress
that includes data on domestic abuse in the Armed Forces to
include data on and analysis of the types of allegations of
domestic abuse.
(B) Domestic violence and command action data.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall--
(i) evaluate the organizations and elements of the
Department of Defense that are responsible for tracking
domestic violence incidents and the command actions taken
in response to such incidents to determine if there are
actions that may be carried out to--
(I) eliminate gaps and redundancies in the
activities of such organizations;
(II) ensure consistency in the approaches of such
organizations to the tracking of such incidents and
actions; and
(III) otherwise improve the tracking of such
incidents and actions across the Department;
(ii) based on the evaluation under clause (i), clarify
or adjust--
(I) the duties of such organizations and elements;
and
(II) the manner in which such organizations and
elements coordinate their activities; and
(iii) issue guidance to the Secretaries of the military
departments to clarify and standardize the information
required to be collected and reported to the database on
domestic violence incidents under section 1562 of title 10,
United States Code.
(C) Regulations for violation of civilian orders of
protection.--The Secretary of Defense shall revise or issue
regulations (as applicable) to ensure that each Secretary of a
military department provides, to any member of the Armed Forces
under the jurisdiction of such Secretary who is subject to a
civilian order of protection, notice that the violation of such
order may be punishable under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).
(D) Agreements with civilian victim service
organizations.--
(i) Guidance required.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall issue guidance pursuant to which
personnel of a Family Advocacy Program at a military
installation may enter into memoranda of understanding with
qualified civilian victim service organizations for
purposes of providing services to victims of domestic abuse
in accordance with clause (ii).
(ii) Contents of agreement.--A memorandum of
understanding entered into under clause (i) shall provide
that personnel of a Family Advocacy Program at a military
installation may refer a victim of domestic abuse to a
qualified civilian victim service organization if such
personnel determine that--
(I) the services offered at the installation are
insufficient to meet the victim's needs; or
(II) such a referral would otherwise benefit the
victim.
(E) Screening and reporting of initial allegations.--The
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall develop and implement a
standardized process--
(i) to ensure consistency in the manner in which
allegations of domestic abuse are screened and documented
at military installations, including by ensuring that
allegations of domestic abuse are documented regardless of
the severity of the incident; and
(ii) to ensure consistency in the form and manner in
which such allegations are presented to Incident
Determination Committees.
(F) Implementation and oversight of incident determination
committees.--
(i) Implementation.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall ensure that Incident Determination
Committees are fully implemented within each Armed Force.
(ii) Oversight and monitoring.--The Secretary of
Defense shall--
(I) direct the Under Secretary of Defense for
Personnel and Readiness to conduct oversight of the
activities of the Incident Determination Committees of
the Armed Forces on an ongoing basis; and
(II) establish a formal process through which the
Under Secretary will monitor Incident Determination
Committees to ensure that the activities of such
Committees are conducted in an consistent manner in
accordance with the applicable policies of the
Department of Defense and the Armed Forces.
(G) Reasonable suspicion standard for incident reporting.--
Not later than 90 days after the date of the enactment of the
Act, the Secretary of Defense, in consultation with the
Secretaries of the military departments, shall issue
regulations--
(i) under which the personnel of a Family Advocacy
Program shall be required to report an allegation of
domestic abuse to an Incident Determination Committee if
there is reasonable suspicion that the abuse occurred; and
(ii) that fully define and establish standardized
criteria for determining whether an allegation of abuse
meets the reasonable suspicion standard referred to in
clause (i).
(H) Guidance for victim risk assessment.--The Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall issue guidance that--
(i) identifies the risk assessment tools that must be
used by Family Advocacy Program personnel to assess reports
of domestic abuse; and
(ii) establishes minimum qualifications for the
personnel responsible for using such tools.
(I) Improving family advocacy program awareness
campaigns.--The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall develop and
implement--
(i) a communications strategy to support the Armed
Forces in increasing awareness of the options and resources
available for reporting incidents of domestic abuse; and
(ii) metrics to evaluate the effectiveness of domestic
abuse awareness campaigns within the Department of Defense
and the Armed Forces, including by identifying a target
audience and defining measurable objectives for such
campaigns.
(J) Assessment of the disposition model for domestic
violence.--As part of the independent analysis required by
section 549C of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) the Secretary of Defense shall include an assessment of--
(i) the risks and consequences of the disposition model
for domestic violence in effect as of the date of the
enactment of this Act, including the risks and consequences
of such model with respect to--
(I) the eligibility of victims for transitional
compensation and other benefits; and
(II) the eligibility of perpetrators of domestic
violence to possess firearms and any related effects on
the military service of such individuals; and
(ii) the feasibility and advisability of establishing
alternative disposition models for domestic violence,
including an assessment of the advantages and disadvantages
of each proposed model.
(K) Family advocacy program training.--
(i) Training for commanders and senior enlisted
advisors.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall--
(I) ensure that the Family Advocacy Program
training provided to installation-level commanders and
senior enlisted advisors of the Armed Forces meets the
applicable requirements of the Department of Defense;
and
(II) shall provide such additional guidance and
sample training materials as may be necessary to
improve the consistency of such training.
(ii) Training for chaplains.--The Secretary of Defense
shall--
(I) require that chaplains of the Armed Forces
receive Family Advocacy Program training;
(II) establish content requirements and learning
objectives for such training; and
(III) provide such additional guidance and sample
training materials as may be necessary to effectively
implement such training.
(iii) Training completion data.--The Secretary of
Defense, in consultation with the Secretaries of the
military departments, shall develop a process to ensure the
quality and completeness of data indicating whether members
of the Armed Forces who are required to complete Family
Advocacy Program training, including installation-level
commanders and senior enlisted advisors, have completed
such training.
(2) General implementation date.--Except as otherwise provided
in paragraph (1), the Secretary of Defense shall complete the
implementation of the activities specified in such paragraph by not
later than one year after the date of the enactment of this Act.
(3) Quarterly status briefing.--Not later than 90 days after
the date of the enactment of this Act and on a quarterly basis
thereafter until the date on which all of the activities specified
in paragraph (1) have been implemented, the Secretary of Defense
shall provide to the appropriate congressional committees a
briefing on the status of the implementation of such activities.
(d) Information on Services for Military Families.--Each Secretary
of a military department shall ensure that a military family member who
reports an incident of domestic abuse or child abuse and neglect to a
Family Advocacy Program under the jurisdiction of such Secretary
receives comprehensive information, in a clear and easily
understandable format, on the services available to such family member
in connection with such incident. Such information shall include a
complete guide to the following:
(1) The Family Advocacy Program of the Armed Force or military
department concerned.
(2) Military law enforcement services, including an explanation
of the process that follows a report of an incident of domestic
abuse or child abuse or neglect.
(3) Other applicable victim services.
(e) Reports on Staffing Levels for Family Advocacy Programs.--
(1) In general.--Not later than 180 days after the date on
which the staffing tool described in paragraph (2) becomes
operational, and on an annual basis thereafter for the following
five years, the Secretary of Defense shall submit to the
appropriate congressional committees a report setting forth the
following:
(A) Military, civilian, and contract support staffing
levels for the Family Advocacy Programs of the Armed Forces at
each military installation so staffed as of the date of the
report.
(B) Recommendations for ideal staffing levels for the
Family Advocacy Programs, as identified by the staffing tool.
(2) Staffing tool described.--The staffing tool described in
this paragraph is a tool that will be used to assist the Department
in determining adequate staffing levels for Family Advocacy
Programs.
(3) Comptroller general review.--
(A) In general.--Following the submission of the first
annual report required under paragraph (1), the Comptroller
General of the United States shall conduct a review of the
staffing of the Family Advocacy Programs of the Armed Forces.
(B) Elements.--The review conducted under subparagraph (A)
shall include an assessment of each of the following:
(i) The extent to which the Armed Forces have filled
authorized billets for Family Advocacy program manager,
clinician, and victim advocate positions.
(ii) The extent to which the Armed Forces have
experienced challenges filling authorized Family Advocacy
Program positions, and how such challenges, if any, have
affected the provision of services.
(iii) The extent to which the Department of Defense and
Armed Forces have ensured that Family Advocacy Program
clinicians and victim advocates meet qualification and
training requirements.
(iv) The extent to which the Department of Defense has
established metrics to evaluate the effectiveness of the
staffing tool described in paragraph (2).
(C) Briefing and report.--
(i) Briefing.--Not later than one year following the
submission of the first annual report required under
paragraph (1), the Comptroller General shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the preliminary observations
made by the Comptroller General as part of the review
required under subparagraph (A).
(ii) Report.--Not later than 90 days after the date of
the briefing under clause (i), the Comptroller General
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the review conducted under subparagraph (A).
(f) Study and Briefing on Initial Entry Points.--
(1) Study.--The Secretary of Defense shall conduct a study to
identify initial entry points (including anonymous entry points)
through which military family members may seek information or
support relating to domestic abuse or child abuse and neglect. Such
study shall include an assessment of--
(A) points at which military families interact with the
Armed Forces or the Department of Defense through which such
information or support may be provided to family members,
including points such as enrollment in the Defense Enrollment
Eligibility Reporting System, and the issuance of
identification cards; and
(B) other existing and potential routes through which such
family members may seek information or support from the Armed
Forces or the Department, including online chat rooms, text-
based support capabilities, and software applications for
smartphones.
(2) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing setting forth the results of the study
conducted under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
Committees on Armed Services of the Senate and the House of
Representatives.
(2) The term ``civilian order of protection'' has the meaning
given that term in section 1561a of title 10, United States Code.
(3) The term ``disposition model for domestic violence'' means
the process to determine--
(A) the disposition of charges of an offense of domestic
violence under section 928b of title 10, United States Code
(article 128b of the Uniform Code of Military Justice); and
(B) consequences of such disposition for members of the
Armed Forces determined to have committed such offense and the
victims of such offense.
(4) The term ``Incident Determination Committee'' means a
committee established at a military installation that is
responsible for reviewing reported incidents of domestic abuse and
determining whether such incidents constitute harm to the victims
of such abuse according to the applicable criteria of the
Department of Defense.
(5) The term ``qualified civilian victim service organization''
means an organization outside the Department of Defense that--
(A) is approved by the Secretary of Defense for the purpose
of providing legal or other services to victims of domestic
abuse; and
(B) is located in a community surrounding a military
installation.
(6) The term ``risk assessment tool'' means a process or
technology that may be used to evaluate a report of an incident of
domestic abuse to determine the likelihood that the abuse will
escalate or recur.
SEC. 549A. ANNUAL PRIMARY PREVENTION RESEARCH AGENDA.
(a) In General.--Beginning on October 1, 2022, and annually on the
first day of each fiscal year thereafter, the Secretary of Defense
shall publish a Department of Defense research agenda for that fiscal
year, focused on the primary prevention of interpersonal and self-
directed violence, including sexual assault, sexual harassment,
domestic violence, child abuse and maltreatment, problematic juvenile
sexual behavior, suicide, workplace violence, and substance misuse.
(b) Elements.--Each annual primary prevention research agenda
published under subsection (a) shall--
(1) identify research priorities for that fiscal year;
(2) assign research projects and tasks to the military
departments and other components of the Department of Defense, as
the Secretary of Defense determines appropriate;
(3) allocate or direct the allocation of appropriate resourcing
for each such project and task; and
(4) be directive in nature and enforceable across all
components of the Department of Defense, including with regard to--
(A) providing for timely access to records, data and
information maintained by any component of the Department of
Defense that may be required in furtherance of an assigned
research project or task;
(B) ensuring the sharing across all components of the
Department of Defense of the findings and the outcomes of any
research project or task; and
(C) any other matter determined by the Secretary of
Defense.
(c) Guiding Principles.--The primary prevention research agenda
should, as determined by the Secretary of Defense--
(1) reflect a preference for research projects and tasks with
the potential to yield or contribute to the development and
implementation of actionable primary prevention strategies in the
Department of Defense;
(2) be integrated, so as to discover or test cross-cutting
interventions across the spectrum of interpersonal and self-
directed violence;
(3) incorporate collaboration with other Federal departments
and agencies, State governments, academia, industry, federally
funded research and development centers, non-profit organizations,
and other organizations outside of the Department of Defense; and
(4) minimize unnecessary duplication of effort.
(d) Budgeting.--The Secretary of Defense shall create a unique
Program Element for and shall prioritize recurring funding to ensure
the continuity of research pursuant to the annual primary prevention
research agenda.
SEC. 549B. PRIMARY PREVENTION WORKFORCE.
(a) Establishment.--The Secretary of Defense shall establish a
Primary Prevention Workforce to provide a comprehensive and integrated
program across the Department of Defense enterprise for the primary
prevention of interpersonal and self-directed violence, including
sexual assault, sexual harassment, domestic violence, child abuse and
maltreatment, problematic juvenile sexual behavior, suicide, workplace
violence, and substance misuse.
(b) Primary Prevention Workforce Model.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report setting
forth a holistic model for a dedicated and capable Primary
Prevention Workforce in the Department of Defense.
(2) Elements.--The model required under paragraph (1) shall
include the following elements:
(A) A description of Primary Prevention Workforce roles,
responsibilities, and capabilities, including--
(i) the conduct of research and analysis;
(ii) advising all levels of military commanders and
leaders;
(iii) designing and writing strategic and operational
primary prevention policies and programs;
(iv) integrating and analyzing data; and
(v) implementing, evaluating, and adapting primary
prevention programs and activities, to include developing
evidence-based training and education programs for
Department personnel that is appropriately tailored by
rank, occupation, and environment.
(B) The design and structure of the Primary Prevention
Workforce, including--
(i) consideration of military, civilian, and hybrid
manpower options;
(ii) the comprehensive integration of the workforce
from strategic to tactical levels of the Department of
Defense and its components; and
(iii) mechanisms for individuals in workforce roles to
report to and align with installation-level and
headquarters personnel.
(C) Strategies, plans, and systematic approaches for
recruiting, credentialing, promoting, and sustaining the
diversity of work force roles comprising a professional
workforce dedicated to primary prevention.
(D) The creation of a professional, primary prevention
credential that standardizes a common base of education and
experience across the prevention workforce, coupled with
knowledge development and skill building requirements built
into the career cycle of prevention practitioners such that
competencies and expertise increase over time.
(E) Any other matter the Secretary of Defense determines
necessary and appropriate to presenting an accurate and
complete model of the Primary Prevention Workforce.
(c) Reports.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretaries of the military departments
and the Chief of the National Guard Bureau each shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report detailing
how the military services and the National Guard, as applicable,
will adapt and implement the primary prevention workforce model set
forth in the report required under subsection (b).
(2) Elements.--Each report submitted under subsection (a) shall
include a description of--
(A) expected milestones to implement the prevention
workforce in the component at issue;
(B) challenges associated with implementation of the
workforce and the strategies for addressing such challenges;
and
(C) additional authorities that may be required to optimize
implementation and operation of the workforce.
(d) Operating Capability Deadline.--The Primary Prevention
Workforce authorized under this section shall attain initial operating
capability in each military department and military service and in the
National Guard by not later than the effective date specified in
section 539C.
SEC. 549C. REFORM AND IMPROVEMENT OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS.
(a) Evaluation and Plan for Reform.--Not later than one year after
the date of the enactment of this Act, each Secretary concerned shall--
(1) complete an evaluation of the effectiveness of the military
criminal investigative organization under the jurisdiction of such
Secretary: and
(2) submit to the appropriate congressional committees a report
that includes--
(A) the results of the evaluation conducted under paragraph
(1); and
(B) based on such results, if the Secretary determines that
reform to the military criminal investigative organization
under the jurisdiction of such Secretary is advisable, a
proposal for reforming such organization to ensure that the
organization effectively meets the demand for complex
investigations and other emerging mission requirements.
(b) Implementation Plan.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, each Secretary concerned shall submit to the
appropriate congressional committees a plan to implement, to the
extent determined appropriate by such Secretary, the reforms to the
military criminal investigative organization proposed by such
Secretary under subsection (a) to ensure that such organization is
capable of professionally investigating criminal misconduct under
its jurisdiction.
(2) Elements.--Each plan under paragraph (1) shall include,
with respect to the military criminal investigative organization
under the jurisdiction of the Secretary concerned, the following:
(A) The requirements that such military criminal
investigative organization must meet to effectively carry out
criminal investigative and other law enforcement missions in
2022 and subsequent years.
(B) The resources that will be needed to ensure that each
such military criminal investigative organization can achieve
its mission.
(C) An analysis of factors affecting the performance of
such military criminal investigate organization, including--
(i) whether appropriate technological investigative
tools are available and accessible to such organization;
and
(ii) whether the functions of such organization would
be better supported by civilian rather than military
leadership.
(D) For each such military criminal investigative
organization--
(i) the number of military personnel assigned to the
organization;
(ii) the number of civilian personnel assigned to the
organization; and
(iii) the functions of such military and civilian
personnel.
(E) A description of any plans of the Secretary concerned
to develop a more professional workforce of military and
civilian investigators.
(F) A proposed timeline for the reform of such military
investigative organization.
(G) An explanation of the potential benefits of such
reforms, including a description of--
(i) specific improvements that are expected to result
from the reforms; and
(ii) whether the reforms will improve information
sharing across military criminal investigative
organizations.
(H) With respect to the military criminal investigative
organization of the Army, an explanation of how the plan will--
(i) address the findings of the report of the Fort Hood
Independent Review Committee, dated November 6, 2020; and
(ii) coordinate with any other internal reform efforts
of the Army.
(c) Limitation on the Changes to Training Locations.--In carrying
out this section, the Secretary concerned may not change the locations
at which military criminal investigative training is provided to
members of the military criminal investigative organization under the
jurisdiction of such Secretary until--
(1) the implementation plan under subsection (b) is submitted
to the appropriate congressional committees; and
(2) a period of 60 days has elapsed following the date on which
the Secretary notifies the appropriate congressional committees of
the Secretary's intent to move such training to a different
location.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) The term ``military criminal investigative organization''
means each organization or element of the Department of Defense or
the Armed Forces that is responsible for conducting criminal
investigations, including--
(A) the Army Criminal Investigation Command;
(B) the Naval Criminal Investigative Service;
(C) the Air Force Office of Special Investigations;
(D) the Coast Guard Investigative Service; and
(E) the Defense Criminal Investigative Service.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to the Army
Criminal Investigation Command;
(B) the Secretary of the Navy, with respect to the Naval
Criminal Investigative Service;
(C) the Secretary of the Air Force, with respect to the Air
Force Office of Special Investigations;
(D) the Secretary of Homeland Security, with respect to the
Coast Guard Investigative Service; and
(E) the Secretary of Defense, with respect to the Defense
Criminal Investigative Service.
SEC. 549D. MILITARY DEFENSE COUNSEL.
Each Secretary of a military department shall--
(1) ensure that military defense counsel have timely and
reliable access to and funding for defense investigators, expert
witnesses, trial support, pre-trial and post-trial support,
paralegal support, counsel travel, and other necessary resources;
(2) ensure that military defense counsel detailed to represent
a member of the Armed Forces accused of a covered offense (as
defined in section 801(17) of title 10, United States Code (article
1(17) of the Uniform Code of Military Justice), as added by section
533 of this Act) are well-trained and experienced, highly skilled,
and competent in the defense of cases involving covered offenses;
and
(3) take or direct such other actions regarding military
defense counsel as may be warranted in the interest of the fair
administration of justice.
SEC. 549E. FULL FUNCTIONALITY OF MILITARY JUSTICE REVIEW PANEL.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall establish or reconstitute, maintain, and
ensure the full functionality of the Military Justice Review Panel
established pursuant to section 946 of title 10, United States Code
(article 146 of the Uniform Code of Military Justice)).
SEC. 549F. MILITARY SERVICE INDEPENDENT RACIAL DISPARITY REVIEW.
(a) Review Required.--Each Secretary of a military department shall
conduct an assessment of racial disparity in military justice and
discipline processes and military personnel policies, as they pertain
to minority populations.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives and the Comptroller General of the United States a
report detailing the results of the assessment required by subsection
(a), together with recommendations for statutory or regulatory changes
as the Secretary concerned determines appropriate.
(c) Comptroller General Report.--Not later than 180 days after
receiving the reports submitted under subsection (b), the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report comparing the military
service assessments on racial disparity conducted under subsection (a)
to existing reports assessing racial disparity in civilian criminal
justice systems in the United States.
(d) Definitions.--In this section:
(1) Military justice; discipline processes.--The terms
``military justice'' and ``discipline processes'' refer to all
facets of the military justice system, including investigation, the
use of administrative separations and other administrative
sanctions, non-judicial punishment, panel selection, pre-trial
confinement, the use of solitary confinement, dispositions of
courts-martial, sentencing, and post-trial processes.
(2) Military personnel policies.--The term ``military personnel
policies'' includes accession rates and policies, retention rates
and policies, promotion rates, assignments, professional military
education selection and policies, and career opportunity for
minority members of the Armed Forces.
(3) Minority populations.--The term ``minority populations''
includes Black, Hispanic, Asian/Pacific Islander, American Indian,
and Alaska Native populations.
SEC. 549G. INCLUSION OF RACE AND ETHNICITY IN ANNUAL REPORTS ON SEXUAL
ASSAULTS; REPORTING ON RACIAL AND ETHNIC DEMOGRAPHICS IN THE MILITARY
JUSTICE SYSTEM.
(a) Annual Reports on Racial and Ethnic Demographics in the
Military Justice System.--
(1) In general.--Chapter 23 of title 10, United States Code, is
amended by inserting after section 485 the following new section:
``Sec. 486. Annual reports on racial and ethnic demographics in the
military justice system
``(a) In General.--Not later than March 1 of each year, the
Secretary of each military department shall submit to the Secretary of
Defense a report on racial, ethnic, and sex demographics in the
military justice system during the preceding year. In the case of the
Secretary of the Navy, separate reports shall be prepared for the Navy
and for the Marine Corps. In the case of the Secretary of the Air
Force, separate reports shall be prepared for the Air Force and for the
Space Force.
``(b) Contents.--The report of a Secretary of a military department
for an armed force under subsection (a) shall contain, to the extent
possible, statistics on offenses under chapter 47 of this title (the
Uniform Code of Military Justice), during the year covered by the
report, including--
``(1) the number of offenses in the armed force that were
reported to military officials, disaggregated by--
``(A) statistical category as related to the victim; and
``(B) statistical category as related to the principal;
``(2) the number of offenses in the armed forces that were
investigated, disaggregated by statistical category as related to
the principal;
``(3) the number of offenses in which administrative action was
imposed, disaggregated by statistical category as related to the
principal and each type of administrative action imposed;
``(4) the number of offenses in which non judicial punishment
was imposed under section 815 of this title (article 15 of the
Uniform Code of Military Justice), disaggregated by statistical
category as related to the principal;
``(5) the number of offenses in which charges were preferred,
disaggregated by statistical category as related to the principal;
``(6) the number of offenses in which charges were referred to
court-martial, disaggregated by statistical category as related to
the principal and type of court-martial;
``(7) the number of offenses which resulted in conviction at
court-martial, disaggregated by statistical category as related to
the principal and type of court-martial; and
``(8) the number of offenses which resulted in acquittal at
court-martial, disaggregated by statistical category as related to
the principal and type of court-martial.
``(c) Submission to Congress.--Not later than April 30 of each year
in which the Secretary of Defense receives reports under subsection
(a), the Secretary of Defense shall forward the reports to the
Committees on Armed Services of the Senate and the House of
Representatives.
``(e) Definitions.--In this section:
``(1) The term `statistical category' means each of the
following categories:
``(A) race;
``(B) sex;
``(C) ethnicity;
``(D) rank; and
``(E) offense enumerated under chapter 47 of this title
(the Uniform Code of Military Justice).
``(2) The term `principal' has the meaning given that term in
section 877 of this title (article 77 of the Uniform Code of
Military Justice).''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 23 of such title is amended by inserting after the item
relating to section 485 the following new item:
``486. Annual reports on racial and ethnic demographics in the military
justice system.''.
(b) Policy Required.--
(1) Requirement.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall prescribe
a policy requiring information on the race and ethnicity of accused
individuals to be included to the maximum extent practicable in the
annual report required under section 1631 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 10 U.S.C. 1561 note).
(2) Exclusion.--The policy prescribed under paragraph (1) may
provide for the exclusion of such information based on privacy
concerns, impacts on accountability efforts, or other matters of
importance as determined and identified in such policy by the
Secretary.
(3) Publicly available.--The Secretary of Defense shall make
publicly available the information described in paragraph (1),
subject to the exclusion of such information pursuant to paragraph
(2).
(4) Sunset.--The requirements of this subsection shall
terminate on May 1, 2028.
SEC. 549H. DOD SAFE HELPLINE AUTHORIZATION TO PERFORM INTAKE OF
OFFICIAL RESTRICTED AND UNRESTRICTED REPORTS FOR ELIGIBLE ADULT SEXUAL
ASSAULT VICTIMS.
Section 584 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Authorizations for DoD Safe Helpline.--
``(1) Providing support and receiving official reports.--DoD
Safe Helpline (or any successor service to DoD Safe Helpline, if
any, as identified by the Secretary of Defense) is authorized to
provide crisis intervention and support and to perform the intake
of official reports of sexual assault from eligible adult sexual
assault victims who contact the DoD Safe Helpline or other reports
as directed by the Secretary of Defense.
``(2) Training and oversight.--DoD Safe Helpline staff shall
have specialized training and appropriate certification to support
eligible adult sexual assault victims.
``(3) Eligibility and procedures.--The Secretary of Defense
shall prescribe regulations regarding eligibility for DoD Safe
Helpline services, procedures for providing crisis intervention and
support, and accepting reports.
``(4) Electronic receipt of official reports of adult sexual
assaults.--DoD Safe Helpline shall provide the ability to receive
reports of adult sexual assaults through the DoD Safe Helpline
website and mobile phone applications, in a secure manner
consistent with appropriate protection of victim privacy, and may
offer other methods of receiving electronic submission of adult
sexual assault reports, as appropriate, in a manner that
appropriately protects victim privacy.
``(5) Types of reports.--Reports of sexual assault from
eligible adult sexual assault victims received by DoD Safe Helpline
(or a successor as determined by the Secretary of Defense) shall
include unrestricted and restricted reports, or other reports as
directed by the Secretary of Defense.
``(6) Option for entry into the catch a serial offender
system.--An individual making a restricted report (or a relevant
successor type of report or other type of appropriate report, as
determined by the Secretary of Defense) to the DoD Safe Helpline
(or a successor as determined by the Secretary of Defense) shall
have the option to submit information related to their report to
the Catch a Serial Offender system (or its successor or similar
system as determined by the Secretary of Defense).''.
SEC. 549I. EXTENSION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
Section 1631(a) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is
amended by striking ``through March 1, 2021'' and inserting ``through
March 1, 2026''.
SEC. 549J. STUDY AND REPORT ON SEXUAL ASSAULT RESPONSE COORDINATOR
MILITARY OCCUPATIONAL SPECIALTY.
(a) Study.--Beginning not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall initiate a
personnel study to determine--
(1) the feasibility and advisability of creating a military
occupational speciality for Sexual Assault Response Coordinators;
and
(2) if determined to be feasible and advisable, the optimal
approach to establishing and maintaining such a military
occupational speciality.
(b) Report and Briefing.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the
study conducted under subsection (a).
(2) Briefing.--Not later than 30 days after the date on which
the report is submitted under paragraph (1), the Secretary of
Defense shall provide to the congressional defense committees a
briefing on the results of the study conducted under subsection
(a).
(c) Elements.--The report and briefing under subsection (b) shall
include the following:
(1) The determination of the Secretary of Defense as to whether
creating a military occupational speciality for Sexual Assault
Response Coordinators is feasible and advisable.
(2) If the Secretary determines that the creation of such a
specialty is feasible and advisable--
(A) a recommendation on the rank and level of experience
required for a military occupational speciality for Sexual
Assault Response Coordinators;
(B) recommendations for strengthening recruitment and
retention of members of the Armed Forces of the required rank
and experience identified under subparagraph (A), including
recommendations with respect to--
(i) designating Sexual Assault Response Coordinators as
a secondary military occupational speciality instead of a
primary military occupational speciality;
(ii) providing initial or recurrent bonuses or duty
stations of choice to members who qualify for the military
occupational speciality for Sexual Assault Response
Coordinators;
(iii) limiting the amount of time that a member who has
qualified for such military occupational speciality can
serve as a Sexual Assault Response Coordinator in a given
period; or
(iv) requiring evaluations, completed by an officer in
the rank of O-6 or higher, for members who have qualified
for such military occupational speciality and are serving
as a Sexual Assault Response Coordinator;
(C) recommendations for standardizing training and
education for members of the Armed Forces seeking a military
occupational speciality for Sexual Assault Response
Coordinators or those serving as a Sexual Assault Response
Coordinator, including by establishing dedicated educational
programs for such members within each Armed Force;
(D) an analysis of the impact of a military occupational
speciality for Sexual Assault Response Coordinators on the
personnel management of the existing Sexual Assault Response
Coordinator program, including recruitment and retention;
(E) an analysis of the requirements for a Sexual Assault
Response Coordinator-specific chain of command;
(F) analysis of the costs of establishing and maintaining a
military occupational speciality for Sexual Assault Response
Coordinators;
(G) analysis of the potential impacts of a military
occupational specialty for Sexual Assault Response Coordinators
on the mental health of personnel within the specialty; and
(H) any other matters the Secretary of Defense determines
relevant for inclusion.
SEC. 549K. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.
Section 554(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in the section heading, by striking ``deputy'' and
inserting ``assistant'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Secretary of Defense'' and inserting
``Inspector General of the Department of Defense''; and
(ii) by striking ``Deputy'' and inserting
``Assistant'';
(B) in subparagraph (A), by striking ``of the Department'';
and
(C) in subparagraph (B), by striking ``report directly to
and serve'' and inserting ``be'';
(3) in paragraph (2)--
(A) in the matter preceding clause (i) of subparagraph
(A)--
(i) by striking ``Conducting and supervising'' and
inserting ``Developing and carrying out a plan for the
conduct of comprehensive oversight, including through the
conduct and supervision of''; and
(ii) by striking ``evaluations'' and inserting
``inspections,'';
(B) in clause (ii) of subparagraph (A), by striking ``,
including the duties of the Inspector General under subsection
(b)''; and
(C) in subparagraph (B), by striking ``Secretary or'';
(4) in paragraph (3)(A) in the matter preceding subparagraph
(A), by striking ``Deputy'' and inserting ``Assistant'';
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``Deputy'' each place
it appears and inserting ``Assistant'';
(B) in subparagraph (B)--
(i) by striking ``Deputy'' the first place it appears;
(ii) by striking ``and the Inspector General'';
(iii) by striking ``Deputy'' the second place it
appears and inserting ``Assistant''; and
(iv) by inserting before the period at the end the
following: ``, for inclusion in the next semiannual report
of the Inspector General under section 5 of the Inspector
General Act of 1978 (5 U.S.C. App.).'';
(C) in subparagraph (C)--
(i) by striking ``Deputy''; and
(ii) by striking ``and Inspector General'';
(D) in subparagraph (D)--
(i) by striking ``Deputy'';
(ii) by striking ``and the Inspector General'';
(iii) by striking ``Secretary or''; and
(iv) by striking ``direct'' and inserting
``determine''; and
(E) in subparagraph (E)--
(i) by striking ``Deputy''; and
(ii) by striking ``of the Department'' and all that
follows through ``Representatives'' and inserting
``consistent with the requirements of the Inspector General
Act of 1978 (5 U.S.C. App.).''.
SEC. 549L. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF, AND RESPONSE
TO, BULLYING IN THE ARMED FORCES.
Section 549 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in the section heading, by inserting ``and bullying'' after
``hazing'';
(2) in subsection (a)--
(A) in the heading, by inserting ``and anti-bullying''
after ``Anti-hazing''; and
(B) by inserting ``or bullying'' after ``hazing'' both
places it appears;
(3) in subsection (b), by inserting ``and bullying'' after
``hazing''; and
(4) in subsection (c)--
(A) in the heading, by inserting ``and bullying'' after
``hazing'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``January 31 of each year through
January 31, 2021'' and inserting ``May 31, 2023, and
annually thereafter for five years,''; and
(II) by striking ``each Secretary of a military
department, in consultation with the Chief of Staff of
each Armed Force under the jurisdiction of such
Secretary,'' and inserting ``the Secretary of
Defense'';
(ii) in subparagraph (A), by inserting ``or bullying''
after ``hazing''; and
(iii) in subparagraph (C), by inserting ``and anti-
bullying'' after ``anti-hazing''; and
(C) in amending paragraph (2) to read as follows:
``(2) Additional elements.--Each report required by this
subsection shall include the following:
``(A) A description of comprehensive data-collection
systems of each Armed Force described in subsection (b) and the
Office of the Secretary of Defense for collecting hazing or
bullying reports involving a member of the Armed Forces.
``(B) A description of processes of each Armed Force
described in subsection (b) to identify, document, and report
alleged instances of hazing or bullying. Such description shall
include the methodology each such Armed Force uses to
categorize and count potential instances of hazing or bullying.
``(C) An assessment by each Secretary of a military
department of the quality and need for training on recognizing
and preventing hazing and bullying provided to members under
the jurisdiction of such Secretary.
``(D) An assessment by the Office of the Secretary of
Defense of--
``(i) the effectiveness of each Armed Force described
in subsection (b) in tracking and reporting instances of
hazing or bullying;
``(ii) whether the performance of each such Armed Force
was satisfactory or unsatisfactory in the preceding fiscal
year.
``(E) Recommendations of the Secretary to improve--
``(i) elements described in subparagraphs (A) through
(D).
``(ii) the Uniform Code of Military Justice or the
Manual for Courts-Martial to improve the prosecution of
persons alleged to have committed hazing or bullying in the
Armed Forces.
``(F) The status of efforts of the Secretary to evaluate
the prevalence of hazing and bullying in the Armed Forces.
``(G) Data on allegations of hazing and bullying in the
Armed Forces, including final disposition of investigations.
``(H) Plans of the Secretary to improve hazing and bullying
prevention and response during the next reporting year.''.
SEC. 549M. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN THE UNIFORM
CODE OF MILITARY JUSTICE ON VIOLENT EXTREMISM.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing such recommendations as the Secretary considers appropriate
with respect to the establishment of a separate punitive article in
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), on violent extremism.
SEC. 549N. COMBATING FOREIGN MALIGN INFLUENCE.
Section 589E of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by striking subsections (d) and (e); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Establishment of Working Group.--(1) Not later than one year
after the date of the enactment of this subsection, the Secretary of
Defense shall establish a working group to assist the official
designated under subsection (b), as follows:
``(A) In the identification of mediums used by covered foreign
countries to identify, access, and endeavor to influence
servicemembers and Department of Defense civilian employees through
foreign malign influence campaigns and the themes conveyed through
such mediums.
``(B) In coordinating and integrating the training program
under this subsection in order to enhance and strengthen
servicemember and Department of Defense civilian employee awareness
of and defenses against foreign malign influence, including by
bolstering information literacy.
``(C) In such other tasks deemed appropriate by the Secretary
of Defense or the official designated under subsection (b).
``(2) The official designed under subsection (b) and the working
group established under this subsection shall consult with the Foreign
Malign Influence Response Center established pursuant to section 3059
of title 50, United States Code.
``(e) Report Required.--Not later than 18 months after the
establishment of the working group, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the working group, its
activities, the effectiveness of the counter foreign malign influence
activities carried out under this section, the metrics applied to
determined effectiveness, and the actual costs associated with actions
undertaken pursuant to this section.
``(f) Definitions.--In this section:
``(1) Foreign malign influence.--The term `foreign malign
influence' has the meaning given that term in section 119C of the
National Security Act of 1947 (50 U.S.C. 3059).
``(2) Covered foreign country.--The term `covered foreign
country' has the meaning given that term in section 119C of the
National Security Act of 1947 (50 U.S.C. 3059)
``(3) Information literacy.--The term `information literacy'
means the set of skills needed to find, retrieve, understand,
evaluate, analyze, and effectively use information (which
encompasses spoken and broadcast words and videos, printed
materials, and digital content, data, and images).''.
Subtitle F--Member Education, Training, and Transition
SEC. 551. TROOPS-TO-TEACHERS PROGRAM.
(a) Requirement to Carry Out Program.--Section 1154(b) of title 10,
United States Code, is amended by striking ``may'' and inserting
``shall''.
(b) Reporting Requirement.--Section 1154 of title 10, United States
Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Annual Report.--(1) Not later than December 1, 2022, and
annually thereafter, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the Program.
``(2) The report required under paragraph (1) shall include the
following elements:
``(A) The total cost of the Program for the most recent fiscal
year.
``(B) The total number of teachers placed during such fiscal
year and the locations of such placements.
``(C) An assessment of the STEM backgrounds of the teachers
placed, the number of placements in high-need schools, and any
other metric or information the Secretary considers appropriate to
illustrate the cost and benefits of the program to members of the
armed forces, veterans, and local educational agencies.
``(3) In this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services and the Committee on
Help, Education, Labor, and Pensions of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Education and Labor of the House of Representatives.''.
(c) Sunset.--Section 1154 of title 10, United States Code, as
amended by subsection (b), is further amended by adding at the end the
following new subsection:
``(k) Sunset.--The Program shall terminate on July 1, 2025, with
respect to the selection of new participants for the program.
Participants in the Program as of that date may complete their program,
and remain eligible for benefits under this section.''.
SEC. 552. CODIFICATION OF HUMAN RELATIONS TRAINING FOR CERTAIN
MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by inserting before section 2002 the following new section:
``Sec. 2001. Human relations training
``(a) Human Relations Training.--(1)(A) The Secretary of Defense
shall ensure that the Secretary of each military department conducts
ongoing programs for human relations training for all members of the
armed forces under the jurisdiction of the Secretary.
``(B) Matters covered by such training include race relations,
equal opportunity, opposition to gender discrimination, and sensitivity
to hate group activity.
``(C) Such training shall be provided during basic training (or
other initial military training) and on a regular basis thereafter.
``(2) The Secretary of Defense shall ensure that a unit commander
is aware of the responsibility to ensure that impermissible activity,
based upon discriminatory motives, does not occur in a unit under the
command of such commander.
``(b) Information Provided to Prospective Recruits.--The Secretary
of Defense shall ensure that--
``(1) each individual preparing to enter an officer accession
program or to execute an original enlistment agreement is provided
information concerning the meaning of the oath of office or oath of
enlistment for service in the armed forces in terms of the equal
protection and civil liberties guarantees of the Constitution; and
``(2) each such individual is informed that if supporting such
guarantees is not possible personally for that individual, then
that individual should decline to enter the armed forces.''.
(b) Technical and Conforming Amendments.--
(1) Technical amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the item
relating to section 2002 the following new item:
``2001. Human relations training.''.
(2) Conforming amendment.--Section 571 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10
U.S.C. 113 note) is repealed.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and House of Representatives
regarding--
(1) implementation of section 2001 of such title, as added by
subsection (a); and
(2) legislation the Secretary determines necessary to complete
such implementation.
SEC. 553. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY
SERVICE ACADEMIES IN THE EVENT OF THE DEATH, RESIGNATION, OR
EXPULSION FROM OFFICE OF A MEMBER OF CONGRESS.
(a) United States Military Academy.--
(1) In general.--Chapter 753 of title 10, United States Code,
is amended by inserting after section 7442 the following new
section:
``Sec. 7442a. Cadets: nomination in event of death, resignation, or
expulsion from office of Member of Congress otherwise authorized
to nominate
``(a) Senators.--In the event a Senator does not submit all
nominations for cadets allocated to such Senator for an academic year
in accordance with section 7442(a)(3) of this title, due to death,
resignation from office, or expulsion from office, and the date of the
swearing-in of the Senator's successor as Senator occurs after the date
of the deadline for submittal of nominations for cadets for the
academic year, the nominations for cadets for such academic year,
otherwise authorized to be made by the Senator pursuant to such
section, may be made instead by the other Senator from the State of
such Representative.
``(b) Representatives.--In the event a Representative does not
submit all nominations for cadets allocated to such Representative for
an academic year in accordance with section 7442(a)(4) of this title,
due to death, resignation from office, or expulsion from office, and
the date of the swearing-in of the Representative's successor as
Representative occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations for
cadets for such academic year, otherwise authorized to be made by the
Representative pursuant to such section, may be made instead by the
Senators from the State of such Representative, with such nominations
divided equally among such Senators and any remainder going to the
senior Senator from the State.
``(c) Rule of Construction.--The nomination of a cadet by a Member
of Congress pursuant to this section shall not be construed to
permanently reallocate nominations under section 7442 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 753 of such title is amended by inserting after the item
relating to section 7442 the following new item:
``7442a. Cadets: nomination in event of death, resignation, or expulsion
from office of Member of Congress otherwise authorized to
nominate.''.
(b) United States Naval Academy.--
(1) In general.--Chapter 853 of title 10, United States Code,
is amended by inserting after section 8454 the following new
section:
``Sec. 8454a. Midshipmen: nomination in event of death, resignation, or
expulsion from office of Member of Congress otherwise authorized
to nominate
``(a) Senators.--In the event a Senator does not submit all
nominations for midshipmen allocated to such Senator for an academic
year in accordance with section 8454(a)(3) of this title, due to death,
resignation from office, or expulsion from office, and the date of the
swearing-in of the Senator's successor as Senator occurs after the date
of the deadline for submittal of nominations for midshipmen for the
academic year, the nominations for midshipmen for such academic year,
otherwise authorized to be made by the Senator pursuant to such
section, may be made instead by the other Senator from the State of
such Representative.
``(b) Representatives.--In the event a Representative does not
submit all nominations for midshipmen allocated to such Representative
for an academic year in accordance with section 8454(a)(4) of this
title, due to death, resignation from office, or expulsion from office,
and the date of the swearing-in of the Representative's successor as
Representative occurs after the date of the deadline for submittal of
nominations for midshipmen for the academic year, the nominations for
midshipmen for such academic year, otherwise authorized to be made by
the Representative pursuant to such section, may be made instead by the
Senators from the State of such Representative, with such nominations
divided equally among such Senators and any remainder going to the
senior Senator from the State.
``(c) Rule of Construction.--The nomination of a midshipman by a
Member of Congress pursuant to this section shall not be construed to
permanently reallocate nominations under section 8454 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 853 of such title is amended by inserting after the item
relating to section 8454 the following new item:
``8454a. Midshipmen: nomination in event of death, resignation, or
expulsion from office of Member of Congress otherwise
authorized to nominate.''.
(c) Air Force Academy.--
(1) In general.--Chapter 953 of title 10, United States Code,
is amended by inserting after section 9442 the following new
section:
``Sec. 9442a. Cadets: nomination in event of death, resignation, or
expulsion from office of Member of Congress otherwise authorized
to nominate
``(a) Senators.--In the event a Senator does not submit all
nominations for cadets allocated to such Senator for an academic year
in accordance with section 9442(a)(3) of this title, due to death,
resignation from office, or expulsion from office, and the date of the
swearing-in of the Senator's successor as Senator occurs after the date
of the deadline for submittal of nominations for cadets for the
academic year, the nominations for cadets for such academic year,
otherwise authorized to be made by the Senator pursuant to such
section, may be made instead by the other Senator from the State of
such Representative.
``(b) Representatives.--In the event a Representative does not
submit all nominations for cadets allocated to such Representative for
an academic year in accordance with section 9442(a)(4) of this title,
due to death, resignation from office, or expulsion from office, and
the date of the swearing-in of the Representative's successor as
Representative occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations for
cadets for such academic year, otherwise authorized to be made by the
Representative pursuant to such section, may be made instead by the
Senators from the State of such Representative, with such nominations
divided equally among such Senators and any remainder going to the
senior Senator from the State.
``(c) Rule of Construction.--The nomination of a cadet by a Member
of Congress pursuant to this section shall not be construed to
permanently reallocate nominations under section 9442 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 953 of such title is amended by inserting after the item
relating to section 9442 the following new item:
``9442a. Cadets: nomination in event of death, resignation, or expulsion
from office of Member of Congress otherwise authorized to
nominate.''.
(d) Report.--Not later than September 30, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding implementation of the
amendments under this section, including--
(1) the estimate of the Secretary regarding the frequency with
which the authorities under such amendments will be used each year;
and
(2) the number of times a Member of Congress has failed to
submit nominations to the military academies due to death,
resignation from office, or expulsion from office.
SEC. 554. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO MEMBERS
OF BOARD OF VISITORS OF MILITARY ACADEMIES WHOSE TERMS HAVE
EXPIRED.
(a) United States Military Academy.--Section 7455(b) of title 10,
United States Code, is amended by striking ``is appointed'' and
inserting ``is appointed by the President''.
(b) United States Naval Academy.--Section 8468(b) of title 10,
United States Code, is amended by striking ``is appointed'' and
inserting ``is appointed by the President''.
(c) United States Air Force Academy.--Section 9455(b)(1) of title
10, United States Code, is amended by striking ``is designated'' and
inserting ``is designated by the President''.
(d) United States Coast Guard Academy.--Section 1903(b)(2)(B) of
title 14, United States Code, is amended by striking ``is appointed''
and inserting ``is appointed by the President''.
SEC. 555. MEETINGS OF THE BOARD OF VISITORS OF A MILITARY SERVICE
ACADEMY: VOTES REQUIRED TO CALL; HELD IN PERSON OR REMOTELY.
(a) United States Military Academy.--Section 7455 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i)(1) A majority of the members of the Board may call an
official meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
(b) United States Naval Academy.--Section 8468 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(i)(1) A majority of the members of the Board may call an
official meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
(c) United States Air Force Academy.--Section 9455 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i)(1) A majority of the members of the Board may call an
official meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of title
10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the Defense
Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute who
fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon any
graduate of the Foreign Language Center of the Institute who
fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 108 of title 10, United States Code, is amended by striking the
item relating to section 2168 and inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign language.''.
SEC. 557. UNITED STATES NAVAL COMMUNITY COLLEGE.
(a) Establishment.--Chapter 859 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8595. United States Naval Community College: establishment and
degree granting authority
``(a) Establishment and Function.--There is a United States Naval
Community College. The primary function of such College shall be to
provide--
``(1) programs of academic instruction and professional and
technical education for individuals described in subsection (b)
in--
``(A) academic and technical fields of the liberal arts and
sciences which are relevant to the current and future needs of
the Navy and Marine Corps, including in designated fields of
national and economic importance such as cybersecurity,
artificial intelligence, machine learning, data science, and
software engineering; and
``(B) their practical duties;
``(2) remedial, developmental, or continuing education
programs, as prescribed by the Secretary of the Navy, which are
necessary to support, maintain, or extend programs under paragraph
(1);
``(3) support and advisement services for individuals pursuing
such programs; and
``(4) continuous monitoring of the progress of such
individuals.
``(b) Individuals Eligible for Programs.--Subject to such other
eligibility requirements as the Secretary of the Navy may prescribe,
the following individuals are eligible to participate in programs and
services under subsection (a):
``(1) Enlisted members of the Navy and Marine Corps.
``(2) Officers of the Navy and Marine Corps who hold a
commission but have not completed a postsecondary degree.
``(3) Civilian employees of the Department of the Navy.
``(4) Other individuals, as determined by the Secretary of the
Navy, so long as access to programs and services under subsection
(a) by such individuals is--
``(A) in alignment with the mission of the United States
Naval Community College; and
``(B) determined to support the mission or needs of the
Department of the Navy.
``(c) Degree and Credential Granting Authority.--
``(1) In general.--Under regulations prescribed by the
Secretary of the Navy, the head of the United States Naval
Community College may, upon the recommendation of the directors and
faculty of the College, confer appropriate degrees or academic
credentials upon graduates who meet the degree or credential
requirements.
``(2) Limitation.--A degree or credential may not be conferred
under this subsection unless--
``(A) the Secretary of Education has recommended approval
of the degree or credential in accordance with the Federal
Policy Governing Granting of Academic Degrees by Federal
Agencies; and
``(B) the United States Naval Community College is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree or credential, as
determined by the Secretary of Education.
``(3) Congressional notification requirements.--
``(A) When seeking to establish degree or credential
granting authority under this subsection, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives--
``(i) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(ii) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment of
the degree or credential granting authority.
``(B) Upon any modification or redesignation of existing
degree or credential granting authority, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the
rationale for the proposed modification or redesignation and
any subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(C) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Naval Community
College to award any new or existing degree or credential.
``(d) Civilian Faculty Members.--
``(1) Authority of secretary.--The Secretary of the Navy may
employ as many civilians as professors, instructors, and lecturers
at the United States Naval Community College as the Secretary
considers necessary.
``(2) Compensation.--The compensation of persons employed under
this subsection shall be prescribed by the Secretary of the
Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 859 of title 10, United States Code, is amended by adding at
the end the following new item:
``8595. United States Naval Community College: establishment and degree
granting authority.''.
SEC. 558. CODIFICATION OF ESTABLISHMENT OF UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY.
(a) In General.--Chapter 951 of title 10, United States Code, is
amended by inserting before section 9414 the following new section:
``Sec. 9413. United States Air Force Institute of Technology:
establishment
``There is in the Department of the Air Force a United States Air
Force Institute of Technology, the purposes of which are to perform
research and to provide, to members of the Air Force and Space Force
(including the reserve components) and civilian employees of such
Department, advanced instruction and technical education regarding
their duties.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting, before the item relating to
section 9414, the following new item:
``9413. United States Air Force Institute of Technology:
establishment.''.
SEC. 559. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION
ASSISTANCE AND MONTGOMERY GI BILL-SELECTED RESERVE BENEFITS.
(a) In General.--Section 16131 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(k)(1) In the case of an individual entitled to educational
assistance under this chapter who is pursuing education or training
described in subsection (a) or (c) of section 2007 of this title on a
half-time or more basis, the Secretary concerned shall, at the election
of the individual, pay the individual educational assistance allowance
under this chapter for pursuit of such education or training as if the
individual were not also eligible to receive or in receipt of
educational assistance under section 2007 for pursuit of such education
or training.
``(2) Concurrent receipt of educational assistance under section
2007 of this title and educational assistance under this chapter shall
not be considered a duplication of benefits if the individual is
enrolled in a program of education on a half-time or more basis.''.
(b) Conforming Amendments.--Section 2007(d) of such title is
amended--
(1) in paragraph (1), by inserting ``or chapter 1606 of this
title'' after ``of title 38''; and
(2) in paragraph (2), by inserting ``, in the case of
educational assistance under chapter 30 of such title, and section
16131(k), in the case of educational assistance under chapter 1606
of this title'' before the period at the end.
SEC. 559A. REGULATIONS ON CERTAIN PARENTAL GUARDIANSHIP RIGHTS OF
CADETS AND MIDSHIPMEN.
(a) Regulations Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, after
consultation with the Secretaries of the military departments and the
Superintendent of each military service academy, shall prescribe
regulations that include the option to preserve parental guardianship
rights of a cadet or midshipman who becomes pregnant or fathers a child
while attending a military service academy, consistent with the
individual and academic responsibilities of such cadet or midshipman.
(b) Briefings; Report.--
(1) Interim briefing.--Not later than May 1, 2022, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives an interim
briefing on the development of the regulations prescribed under
subsection (a).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on any legislation the Secretary
determines necessary to implement the regulations prescribed under
subsection (a).
(3) Final briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a final briefing on the regulations prescribed
under subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed to change, or require a change to, any admission requirement
at a military service academy.
(d) Military Service Academy Defined.--In this section, the term
``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 559B. DEFENSE LANGUAGE CONTINUING EDUCATION PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall establish policies and procedures to provide, to
linguists of the covered Armed Forces who have made the transition from
formal training programs to operational and staff assignments,
continuing language education to maintain their respective language
proficiencies.
(b) Reimbursement Authority.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Under Secretary, in coordination with
the chief of each covered Armed Force, shall establish a procedure
by which the covered Armed Force concerned may reimburse an
organization of the Department of Defense that provides, to members
of such covered Armed Force, continuing language education,
described in subsection (a), for the costs of such education.
(2) Sunset.--The authority under this subsection shall expire
on September 30, 2025.
(c) Briefing.--Not later than July 1, 2022, the Under Secretary
shall brief the Committees on Armed Services of the Senate and House of
Representatives on implementation of this section and plans regarding
continuing language education described in subsection (a).
(d) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the Army, Navy, Air Force, Marine Corps,
or Space Force.
SEC. 559C. PROHIBITION ON IMPLEMENTATION BY UNITED STATES AIR FORCE
ACADEMY OF CIVILIAN FACULTY TENURE SYSTEM.
The Secretary of Defense may not implement a civilian faculty
tenure system for the United States Air Force Academy (in this section
referred to as the ``Academy'') until the Secretary submits to the
Committees on Armed Services of the Senate and the House of
Representatives a report assessing the following:
(1) How a civilian faculty tenure system would promote the
mission of the Academy.
(2) How a civilian faculty tenure system would affect the
current curricular governance process of the Academy.
(3) How the Academy will determine the number of civilian
faculty at the Academy who would be granted tenure.
(4) How a tenure system would be structured for Federal
employees at the Academy, including exact details of specific
protections and limitations.
(5) The budget implications of implementing a tenure system for
the Academy.
(6) The faculty qualifications that would be required to earn
and maintain tenure.
(7) The reasons for termination of tenure that will be
implemented and how a tenure termination effort would be conducted.
SEC. 559D. PROFESSIONAL MILITARY EDUCATION: REPORT; DEFINITION.
(a) Report.--
(1) In general.--Not later than July 1, 2022, the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff, shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth the
results of a review and assessment of the definition of
professional military education in the Department of Defense and
the military departments as specified in subsection (c).
(2) Elements.--The report under this subsection shall include
the following elements:
(A) A consolidated summary of all definitions of the term
``professional military education'' used in the Department of
Defense and the military departments.
(B) A description of how such term is used in the
Department of Defense in educational institutions, associated
schools, programs, think tanks, research centers, and support
activities.
(C) An analysis of how such term--
(i) applies to tactical, operational, and strategic
settings; and
(ii) is linked to mission requirements.
(D) An analysis of how professional military education has
been applied and linked through all levels of Department of
Defense education and training.
(E) The applicability of professional military education to
the domains of warfare, including land, air, sea, space, and
cyber.
(F) With regards to online and virtual learning in
professional military education--
(i) an analysis of the use of such learning; and
(ii) student satisfaction in comparison to traditional
classroom learning.
(b) Definition.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff and the Secretaries of the
military departments, using the report under subsection (a), shall
standardize the definition of ``professional military education''
across the military departments and the Department of Defense.
SEC. 559E. REPORT ON TRAINING AND EDUCATION OF MEMBERS OF THE ARMED
FORCES REGARDING SOCIAL REFORM AND UNHEALTHY BEHAVIORS.
(a) Report Required.--Not later than June 1, 2022, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on training and courses of
education offered to covered members regarding--
(1) sexual assault;
(2) sexual harassment;
(3) extremism;
(4) domestic violence;
(5) diversity, equity, and inclusion;
(6) military equal opportunity;
(7) suicide prevention; and
(8) substance abuse.
(b) Elements.--The report under subsection (a) shall identify, with
regard to each training or course of education, the following:
(1) Sponsor.
(2) Location.
(3) Method.
(4) Frequency.
(5) Number of covered members who have participated.
(6) Legislation, regulation, instruction, or guidance that
requires such training or course (if applicable).
(7) Metrics of--
(A) performance;
(B) effectiveness; and
(C) data collection.
(8) Responsibilities of the Secretary of Defense or Secretary
of a military department to--
(A) communicate with non-departmental entities;
(B) process feedback from trainers, trainees, and such
entities;
(C) connect such training or course to tactical,
operational, and strategic goals; and
(D) connect such training or course to other training
regarding social reform and unhealthy behavior.
(9) Analyses of--
(A) whether the metrics described in paragraph (7) are
standardized across the military departments;
(B) mechanisms used to engage non-departmental entities to
assist in the development of such training or courses;
(C) incentives used to ensure the effectiveness of such
training or courses;
(D) how each training or courses is intended to change
behavior; and
(E) costs of such training and courses.
(10) Recommendations of the Secretary of Defense to improve
such training or courses, including the estimated costs to
implement such improvements.
(11) Any other information the Secretary of Defense determines
relevant.
(c) Covered Member Defined.--In this section, the term ``covered
member'' means a member of an Armed Force under the jurisdiction of the
Secretary of a military department.
SEC. 559F. REPORT ON STATUS OF ARMY TUITION ASSISTANCE PROGRAM ARMY
IGNITED PROGRAM.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the status of the Army
IgnitED program of the Army's Tuition Assistance Program.
(b) Elements.--The report required under subsection (a) shall
describe--
(1) the estimated date when the Army IgnitED program will be
fully functional;
(2) the estimated date when service members will be reimbursed
for out of pocket expenses caused by processing delays and errors
under the Army IgnitED program; and
(3) the estimated date when institutions of higher education
will be fully reimbursed for all costs typically provided through
the Tuition Assistance Program but delayed due to processing delays
and errors under the Army IgnitED program.
SEC. 559G. BRIEFING ON CADETS AND MIDSHIPMEN WITH SPEECH DISORDERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and House of Representatives regarding nominees,
who have speech disorders, to each military service academy. Such
briefing shall include the following:
(1) The number of such nominees were offered admission to the
military service academy concerned.
(2) The number of nominees described in paragraph (1) who were
denied admission on the basis of such disorder.
(3) Whether the admission process to a military service academy
includes testing for speech disorders.
(4) The current medical standards of each military service
academy regarding speech disorders.
(5) Whether the Superintendent of each military service academy
provides speech therapy to mitigate speech disorders--
(A) of nominees to such military service academy to
facilitate admission of such nominees; and
(B) of the cadets or midshipman at such military service
academy.
Subtitle G--Military Family Readiness and Dependents' Education
SEC. 561. EXPANSION OF SUPPORT PROGRAMS FOR SPECIAL OPERATIONS
FORCES PERSONNEL AND IMMEDIATE FAMILY MEMBERS.
Section 1788a(e) of title 10, United States Code, is amended--
(1) in paragraph (4), by striking ``covered personnel'' and
inserting ``covered individuals''; and
(2) in paragraph (5)--
(A) by striking ``covered personnel'' and inserting
``covered individuals'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(D) immediate family members of individuals described in
subparagraphs (A) or (B) in a case in which such individual
died--
``(i) as a direct result of armed conflict;
``(ii) while engaged in hazardous service;
``(iii) in the performance of duty under conditions
simulating war; or
``(iv) through an instrumentality of war.''.
SEC. 562. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) Expansion of Advisory Panel on Community Support for Military
Families With Special Needs.--Section 563(d)(2) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
1781c note) is amended--
(1) by striking ``seven'' and inserting ``nine'';
(2) by inserting ``, appointed by the Secretary of Defense,''
after ``individuals'';
(3) by inserting ``each'' before ``a member'';
(4) by striking the second sentence and inserting ``In
appointing individuals to the panel, the Secretary shall ensure
that--''; and
(5) by adding at the end the following:
``(A) one individual is the spouse of an enlisted member;
``(B) one individual is the spouse of an officer in a grade
below O-6;
``(C) one individual is a junior enlisted member;
``(D) one individual is a junior officer;
``(E) individuals reside in different geographic regions;
``(F) one individual is a member serving at a remote
installation or is a member of the family of such a member; and
``(G) at least two individuals are members serving on
active duty, each with a dependent who--
``(i) is enrolled in the Exceptional Family Member
Program; and
``(ii) has an individualized education program.''.
(b) Relocation.--The Secretary of the military department concerned
may, if such Secretary determines it feasible, permit a covered member
who receives permanent change of station orders to elect, not later
than 14 days after such receipt, from at least two locations that
provide support for the dependent of such covered member with a special
need.
(c) Family Member Medical Summary.--The Secretary of a military
department, in coordination with the Director of the Defense Health
Agency, shall require that a family member medical summary, completed
by a licensed and credentialed medical provider, is accessible in the
electronic health record of the Department of Defense for subsequent
review by a licensed medical provider.
(d) Covered Member Defined.--In this section, the term ``covered
member'' means a member of an Armed Force--
(1) under the jurisdiction of the Secretary of a military
department; and
(2) with a dependent with a special need.
SEC. 563. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department
of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of military
dependent students.--Of the amount authorized to be appropriated
for fiscal year 2022 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection, the
term ``local educational agency'' has the meaning given that term
in section 7013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2022 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as specified
in the funding table in section 4301, $10,000,000 shall be
available for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C.
7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2022 pursuant to section 301 and
available for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for use by the Secretary of Defense to make
payments to local educational agencies determined by the Secretary
to have higher concentrations of military children with severe
disabilities.
(3) Report.--Not later than March 31, 2022, the Secretary shall
brief the Committees on Armed Services of the Senate and the House
of Representatives on the Department's evaluation of each local
educational agency with higher concentrations of military children
with severe disabilities and subsequent determination of the
amounts of impact aid each such agency shall receive.
SEC. 564. PILOT PROGRAM TO ESTABLISH EMPLOYMENT FELLOWSHIP
OPPORTUNITIES FOR MILITARY SPOUSES.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense may establish a three-
year pilot program to provide employment support to the spouses of
members of the Armed Forces through a paid fellowship with employers
across a variety of industries. In carrying out the pilot program, the
Secretary shall take the following steps:
(1) Enter into a contract or other agreement to conduct a
career fellowship pilot program for military spouses.
(2) Determine the appropriate capacity for the pilot program
based on annual funding availability.
(3) Establish evaluation criteria to determine measures of
effectiveness and cost-benefit analysis of the pilot program in
supporting military spouse employment.
(b) Limitation on Total Amount of Assistance.--The total amount of
the pilot program may not exceed $5,000,000 over the life of the pilot.
(c) Reports.--Not later than two years after the Secretary
establishes the pilot program, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives an interim report that includes the following elements:
(1) The number of spouses who participated in the pilot program
annually.
(2) The amount of funding spent through the pilot program
annually.
(3) A recommendation of the Secretary regarding whether to
discontinue, expand, or make the pilot program permanent.
(d) Final Report.--Not later than 180 days after the pilot program
ends, the Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a final report that
includes the following elements:
(1) The number of spouses who participated in the pilot
program.
(2) The amount of funding spent through the pilot program.
(3) An evaluation of outcomes.
(4) A recommendation of the Secretary regarding whether to make
the pilot program permanent.
(e) Termination.--The pilot program shall terminate three years
after the date on which the Secretary establishes the pilot program.
SEC. 565. POLICY REGARDING REMOTE MILITARY INSTALLATIONS.
(a) Policy.--Not later than December 1, 2022, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall develop a uniform policy for how to--
(1) identify remote military installations; and
(2) assess and manage challenges associated with remote
military installations and military personnel assigned to remote
locations.
(b) Elements.--The policy under subsection (a) shall address the
following:
(1) Activities and facilities for the morale, welfare, and
recreation of members of the Armed Forces.
(2) Availability of housing, located on and off remote military
installations.
(3) Educational services for dependents of members of the Armed
Forces, located on and off remote military installations.
(4) Availability of health care.
(5) Employment opportunities for military spouses.
(6) Risks associated with having insufficient support services
for members of the Armed Forces and their dependents.
(c) Report.--Not later than March 1, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth the policy under this
section.
(d) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term in section
2801 of title 10, United States Code.
SEC. 566. IMPLEMENTATION OF GAO RECOMMENDATION ON IMPROVED
COMMUNICATION OF BEST PRACTICES TO ENGAGE MILITARY SPOUSES WITH
CAREER ASSISTANCE RESOURCES.
(a) Plan Required.--The Secretary of Defense shall develop a plan
to implement the recommendation of the Comptroller General of the
United States, to address strategies for sharing information on
outreach to military spouses regarding career assistance resources, in
the report of the Government Accountability Office titled ``Military
Spouse Employment: DOD Should Continue Assessing State Licensing
Practices and Increase Awareness of Resources'' (GAO-21-193). The plan
shall include the following elements:
(1) A summary of actions that have been taken to implement the
recommendation.
(2) A summary of actions that will be taken to implement the
recommendation, including how the Secretary plans to--
(A) engage military services and installations, members of
the Spouse Ambassador Network, and other local stakeholders to
obtain information on the outreach approaches and best
practices used by military installations and stakeholders;
(B) overcome factors that may limit use of best practices;
(C) disseminate best practices to relevant stakeholders;
and
(D) identify ways to and better coordinate with the
Secretaries of Veterans Affairs, Labor, and Housing and Urban
Development; and
(E) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Implementation; Deadline.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of Defense shall carry
out activities to implement the plan developed under subsection (a).
SEC. 567. STUDY ON EMPLOYMENT OF MILITARY SPOUSES.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a study
to identify employment barriers affecting military spouses.
(2) Elements.--The study conducted under paragraph (1) shall
determine the following:
(A) The rate or prevalence of military spouses who are
currently employed and whether such military spouses have
children.
(B) The rate or prevalence of military spouses who are
underemployed.
(C) In connection with subparagraph (B), whether a military
spouse would have taken a different position of employment if
the military spouse were not impacted by the spouse who is a
member of the Armed Forces.
(D) The rate or prevalence of military spouses who, due to
military affiliation, have experienced discrimination by
civilian employers, including loss of employment, denial of a
promotion, and difficulty in being hired.
(E) Any other barriers of entry into the local workforce
for military spouses, including--
(i) state licensure requirements;
(ii) availability of childcare;
(iii) access to broadband;
(iv) job availability in military communities; and
(v) access to housing.
(b) Report.--Not later than one year after the date of the
enactment of this section, the Secretary of Defense shall submit to the
congressional defense committees a report containing the results of the
study conducted under this section, including any policy
recommendations to address employment barriers identified by the study.
(c) Definitions.--In this section:
(1) Military spouse.--The term ``military spouse'' means the
spouse of a member of the Armed Forces serving on active duty.
(2) Congressional defense committees.--The term ``congressional
defense committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
SEC. 568. BRIEFING ON EFFORTS OF COMMANDERS OF MILITARY
INSTALLATIONS TO CONNECT MILITARY FAMILIES WITH LOCAL ENTITIES
THAT PROVIDE SERVICES TO MILITARY FAMILIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and House of Representatives on how and the
extent to which commanders of military installations connect military
families with local nonprofit and government entities that provide
services to military families, including assistance with housing.
SEC. 569. BRIEFING ON PROCESS TO CERTIFY REPORTING OF ELIGIBLE
FEDERALLY CONNECTED CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID
PROGRAMS.
(a) Briefing.--Not later April 1, 2022, the Secretary of Defense
shall brief the Committees on Armed Services of the Senate and House of
Representatives on the following:
(1) The feasibility of developing a written process whereby an
installation commander can certify the information contained in
impact aid source check forms received by such installation
commander from local educational agencies.
(2) Benefits of working with local educational agencies to
certify impact aid source check forms are submitted in the
appropriate manner.
(3) An estimated timeline to implement such a certification
process.
(b) Definitions.--In this section:
(1) The term ``impact aid source check form'' means a form
submitted to a military installation by a local educational agency
to confirm the number and identity of children eligible to be
counted for purposes of the Federal impact aid program under
section 7003(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(a)).
(2) The term ``local educational agency'' has the meaning given
that term in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
SEC. 569A. BRIEFING ON LEGAL SERVICES FOR FAMILIES ENROLLED IN THE
EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and House of Representatives
on the provision of legal services, under section 582(b)(7) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), to families enrolled in EFMP.
(b) Elements.--The briefing shall include the following elements:
(1) Training, provided by civilian attorneys or judge advocates
general, regarding special education.
(2) Casework, relating to special education, of such civilian
attorneys and judge advocates general.
(3) Information on how such legal services tie in to broader
EFMP support under the Individuals with Disabilities Education Act
(Public Law 91-230), including the geographic support model.
(4) Other matters regarding such legal services that the
Secretary of Defense determines appropriate.
(5) Costs of such elements described in paragraphs (1) through
(4).
(c) Definitions.--In this section:
(1) The term ``EFMP'' means the Exceptional Family Member
Program.
(2) The terms ``child with a disability'', ``free appropriate
public education'', and ``special education'' have the meanings
given those terms in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401).
SEC. 569B. GAO REVIEW OF PRESERVATION OF THE FORCE AND FAMILY PROGRAM
OF UNITED STATES SPECIAL OPERATIONS COMMAND: BRIEFING; REPORT.
(a) Review.--The Comptroller General of the United States shall
conduct a review of POTFF. Such review shall include the following:
(1) With regards to current programs and activities of POTFF,
an assessment of the sufficiency of the following domains:
(A) Human performance.
(B) Psychological and behavioral health.
(C) Social and family readiness.
(D) Spiritual.
(2) A description of efforts of the Commander of United States
Special Operations Command to assess the unique needs of members of
special operations forces, including women and minorities.
(3) A description of plans of the Commander to improve POTFF to
better address the unique needs of members of special operations
forces.
(4) Changes in costs to the United States to operate POTFF
since implementation.
(5) Rates of participation in POTFF, including--
(A) the number of individuals who participate;
(B) frequency of use by such individuals; and
(C) geographic locations where such individuals
participate.
(6) Methods by which data on POTFF is collected and analyzed.
(7) Outcomes used to determine the effects of POTFF on members
of special operations forces and their immediate family members,
including a description of the effectiveness of POTFF in addressing
unique needs of such individuals.
(8) Any other matter the Comptroller General determines
appropriate.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General shall brief the
appropriate committees on the preliminary findings of the Comptroller
General under such review.
(c) Report.--The Comptroller General shall submit to the
appropriate committees a final report on such review at a date mutually
agreed upon by the Comptroller General and the appropriate committees.
(d) Definitions.--In this section:
(1) The term ``appropriate committees'' means the Committees on
Armed Services of the Senate and House of Representatives.
(2) The term ``POTFF'' means the Preservation of the Force and
Family Program of United States Special Operations Command under
section 1788a of title 10, United States Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
Subtitle H--Diversity and Inclusion
SEC. 571. REDUCTION OF GENDER-RELATED INEQUITIES IN COSTS OF
UNIFORMS TO MEMBERS OF THE ARMED FORCES.
(a) Establishment of Criteria.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and Readiness and
in coordination with the Secretaries of the military departments, shall
establish criteria, consistent across the Armed Forces, for determining
which uniform or clothing items across the Armed Forces are considered
uniquely military for purposes of calculating the standard cash
clothing replacement allowances, in part to reduce differences in out-
of pocket costs incurred by enlisted members of the Armed Forces across
the military services and by gender within an Armed Force.
(b) Reviews.--
(1) Quinquennial review.--The Under Secretary shall review the
criteria established under subsection (a) every five years after
such establishment and recommend to the Secretaries of the military
departments adjustments to clothing allowances for enlisted members
if such allowances are insufficient to pay for uniquely military
items determined pursuant to such criteria.
(2) Periodic reviews.--The Secretary of Defense, acting through
the Under Secretary of Defense for Personnel and Readiness, and in
coordination with the Secretaries of the military departments,
shall periodically review--
(A) all uniform clothing plans of each Armed Force under
the jurisdiction of the Secretary of a military department to
identify data needed to facilitate cost discussions and make
recommendations described in paragraph (1);
(B) not less than once every five years, calculations of
each Armed Force for standard clothing replacement allowances
for enlisted members, in order to develop a standard by which
to identify differences described in subsection (a);
(C) not less than once every 10 years, initial clothing
allowances for officers, in order to identify data necessary to
facilitate cost discussions and make recommendations described
in paragraph (1); and
(D) all plans of each Armed Force under the jurisdiction of
the Secretary of a military department for changing uniform
items to determine if such planned changes will result in
differences described in subsection (a).
(c) Regulations.--Not later than September 30, 2022, each Secretary
of a military department shall prescribe regulations that ensure the
following:
(1) The out-of-pocket cost to an officer or enlisted member of
an Armed Force for a mandatory uniform item (or part of such
uniform) may not exceed such cost to another officer or enlisted
member of that Armed Force for such uniform (or part, or equivalent
part, of such uniform) solely based on gender.
(2) If a change to a uniform of an Armed Force affects only
enlisted members of one gender, an enlisted member of such gender
in such Armed Force shall be entitled to an allowance equal to the
out-of-pocket cost to the officer or enlisted member relating to
such change.
(3) An individual who has separated or retired, or been
discharged or dismissed, from the Armed Forces, shall not entitled
to an allowance under paragraph (2).
(d) Report.--Not later than December 31, 2022, the Secretary of
Defense, in coordination with the Secretaries of the military
departments, shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on--
(1) the estimated production costs and average retail prices of
military clothing items for members (including officers and
enlisted members) of each Armed Force; and
(2) a comparison of costs for male and female military clothing
items for members of each Armed Force.
SEC. 572. STUDY ON NUMBER OF MEMBERS OF THE ARMED FORCES WHO
IDENTIFY AS HISPANIC OR LATINO.
The Secretary of Defense shall seek to enter into an agreement with
a federally funded research and development center to conduct a study
of the following:
(1) The number of members of the regular components of the
Armed Forces (including cadets and midshipmen at the military
service academies) who identify as Hispanic or Latino, separated by
rank.
(2) A comparison of the percentage of the members described in
paragraph (1) with the percentage of the population of the United
States who are eligible to enlist or commission in the Armed Forces
who identify as Hispanic or Latino.
(3) A comparison of how each of the Armed Forces recruits
individuals who identify as Hispanic or Latino.
(4) A comparison of how each of the Armed Forces retains both
officer and enlisted members who identify as Hispanic or Latino.
(5) A comparison of how each of the Armed Forces promotes both
officer and enlisted members who identify as Hispanic or Latino.
SEC. 573. INCLUSION OF MILITARY SERVICE ACADEMIES, OFFICER
CANDIDATE AND TRAINING SCHOOLS, AND THE SENIOR RESERVE OFFICERS'
TRAINING CORPS DATA IN DIVERSITY AND INCLUSION REPORTING.
Section 113 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by inserting before the semicolon the
following: ``, including the status of diversity and inclusion in
the military service academies, the Officer Candidate and Training
Schools, and the Senior Reserve Officers' Training Corps programs
of such department''; and
(2) in subsection (m)--
(A) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) The number of graduates of the Senior Reserve Officers'
Training Corps during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.''.
SEC. 574. EXTENSION OF DEADLINE FOR GAO REPORT ON EQUAL OPPORTUNITY
AT THE MILITARY SERVICE ACADEMIES.
Section 558 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended,
in the matter preceding paragraph (1), by striking ``one year after the
date of the enactment of this Act'' and inserting ``May 31, 2022''.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
SEC. 581. MODIFIED DEADLINE FOR ESTABLISHMENT OF SPECIAL PURPOSE
ADJUNCT TO ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST.
Section 594 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``Not later than one year after the date of the enactment
of this Act'' and inserting ``Not later than October 1, 2024''.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Medal of Honor to Charles R. Johnson for Acts of Valor During
the Korean War.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to
Charles R. Johnson for the acts of valor described in paragraph
(2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Charles R. Johnson on June 11 and
12, 1953, as a member of the Army serving in Korea, for which he
was awarded the Silver Star.
(b) Medal of Honor to Wataru Nakamura for Acts of Valor During the
Korean War.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Wataru
Nakamura for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Wataru Nakamura on May 18, 1951,
as a member of the Army serving in Korea, for which he was awarded
the Distinguished-Service Cross.
(c) Medal of Honor to Bruno R. Orig for Acts of Valor During the
Korean War.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Bruno
R. Orig for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Bruno R. Orig on Februray 15,
1951, as a member of the Army serving in Korea, for which he was
awarded the Distinguished-Service Cross.
(d) Medal of Honor to Dennis M. Fujii for Acts of Valor During the
Vietnam War.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Dennis
M. Fujii for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Dennis M. Fujii on February 18
through 22, 1971, as a member of the Army serving in the Republic
of Vietnam, for which he was awarded the Distinguished-Service
Cross.
(e) Medal of Honor to Edward N. Kaneshiro, for Acts of Valor During
the Vietnam War.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Edward
N. Kaneshiro for the acts of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Edward N. Kaneshiro on December
1, 1966, as a member of the Army serving in Vietnam, for which he
was awarded the Distinguished-Service Cross.
(f) Distinguished-Service Cross to Earl R. Fillmore, Jr. for Acts
of Valor in Somalia.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Distinguished-Service Cross under section 7272 of such
title to Earl R. Fillmore, Jr. for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Earl R. Fillmore, Jr. on October
3, 1993, as a member of the Army serving in Somalia, for which he
was awarded the Silver Star.
(g) Distinguished-Service Cross to Robert L. Mabry for Acts of
Valor in Somalia.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Distinguished-Service Cross under section 7272 of such
title to Robert L. Mabry for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Robert L. Mabry on October 3 and
4, 1993, as a member of the Army serving in Somalia, for which he
was awarded the Silver Star.
(h) Distinguished-Service Cross to John G. Macejunas for Acts of
Valor in Somalia.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Distinguished-Service Cross under section 7272 of such
title to John G. Macejunas for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of John G. Macejunas on October 3
and 4, 1993, as a member of the Army serving in Somalia, for which
he was awarded the Silver Star.
(i) Distinguished-Service Cross to William F. Thetford for Acts of
Valor in Somalia.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Distinguished-Service Cross under section 7272 of such
title to William F. Thetford for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of William F. Thetford on October 3
and 4, 1993, as a member of the Army serving in Somalia, for which
he was awarded the Silver Star.
SEC. 583. ESTABLISHMENT OF THE ATOMIC VETERANS COMMEMORATIVE
SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall design
and produce a commemorative military service medal, to be known as the
``Atomic Veterans Commemorative Service Medal'', to commemorate the
service and sacrifice of veterans who were instrumental in the
development of our nations atomic and nuclear weapons programs.
(b) Eligibility Requirements.--(1) The Secretary of Defense shall,
within 180 days after the date of enactment of this Act, determine
eligibility requirements for this medal.
(2) Sixty days prior to publishing the eligibility requirements for
this medal, the Secretary of Defense shall submit proposed eligibility
criteria under paragraph (1) to the Committees on Armed Services of the
Senate and House of Representatives for comment.
(3) The Secretary of Defense may require persons to submit
supporting documentation for the medal authorized in subsection (a) to
determine eligibility under paragraph (1).
(c) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request of
an eligible veteran, the Secretary of Defense shall issue the
Atomic Veterans Commemorative Service Medal to the eligible
veteran.
(2) Issuance to next-of-kin.--In the case of a veteran who is
deceased, the Secretary may provide for issuance of the Atomic
Veterans Commemorative Service Medal to the next-of-kin of the
persons. If applications for a medal are filed by more than one
next of kin of a person eligible to receive a medal under this
section, the Secretary of Defense shall determine which next-of-kin
will receive the medal.
(3) Application.--The Secretary shall prepare and disseminate
as appropriate an application by which veterans and their next-of-
kin may apply to receive the Atomic Veterans Service Medal.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sum as may be necessary to carry out this section.
SEC. 584. UPDATES AND PRESERVATION OF MEMORIALS TO CHAPLAINS AT
ARLINGTON NATIONAL CEMETERY.
(a) Updates and Preservation of Memorials.--
(1) Protestant chaplains memorial.--The Secretary of the Army
may permit NCMAF--
(A) to modify the memorial to Protestant chaplains located
on Chaplains Hill to include a granite, marble, or other stone
base for the bronze plaque of the memorial;
(B) to provide an updated bronze plaque, described in
subparagraph (A), including the name of each chaplain, verified
as described in subsection (b), who died while serving on
active duty in the Armed Forces after the date on which the
original memorial was placed; and
(C) to make such other updates and corrections to the
memorial that the Secretary determines necessary.
(2) Catholic and jewish chaplain memorials.--The Secretary of
the Army may permit NCMAF to update and make corrections to the
Catholic and Jewish chaplain memorials located on Chaplains Hill
that the Secretary determines necessary.
(3) No cost to federal government.--The activities of NCMAF
authorized by this subsection shall be carried out at no cost to
the Federal Government.
(b) Verification of Names.--NCMAF may not include the name of a
chaplain on a memorial on Chaplains Hill under subsection (a) unless
that name has been verified by the Chief of Chaplains of the Army,
Navy, or Air Force or the Chaplain of the United States Marine Corps,
depending on the branch of the Armed Forces in which the chaplain
served.
(c) Prohibition on Expansion of Memorials.--Except as provided in
subsection (a)(1)(A), this section may not be construed as authorizing
the expansion of any memorial that is located on Chaplains Hill as of
the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``Chaplains Hill'' means the area in Arlington
National Cemetery that, as of the date of the enactment of this
Act, is generally identified and recognized as Chaplains Hill.
(2) The term ``NCMAF'' means the National Conference on
Ministry to the Armed Forces or any successor organization
recognized in law for purposes of the operation of this section.
SEC. 585. REPORTS ON SECURITY FORCE PERSONNEL PERFORMING PROTECTION
LEVEL ONE DUTIES.
(a) In General.--The Secretary of the Air Force shall submit to the
congressional defense committees a report on the status of security
force personnel performing protection level one (PL-1) duties--
(1) not later than 90 days after the date of the enactment of
this Act; and
(2) concurrent with the submission to Congress of the budget of
the President for each of fiscal years 2023 through 2027 pursuant
to section 1105(a) of title 31, United States Code.
(b) Elements.--Each report required by subsection (a) shall include
the following:
(1) The number of Air Force personnel performing, and the
number of unfilled billets designated for performance of, PL-1
duties on a full-time basis during the most recent fiscal year that
ended before submission of the report.
(2) The number of such personnel disaggregated by mission
assignment during that fiscal year.
(3) The number of such personnel and unfilled billets at each
major PL-1 installation during that fiscal year and a description
of the rank structure of such personnel.
(4) A statement of the time, by rank structure, such personnel
were typically assigned to perform PL-1 duties at each major PL-1
installation during that fiscal year.
(5) The retention rate for security personnel performing such
duties during that fiscal year.
(6) The number of Air Force PL-1 security force members
deployed to support another Air Force mission or a joint mission
with another military department during that fiscal year.
(7) A description of the type of training for security
personnel performing PL-1 duties during that fiscal year.
(8) An assessment of the status of replacing the existing fleet
of high mobility multipurpose wheeled vehicles (HMMWV) and BearCat
armored vehicles, by PL-1 installation.
(9) Such other matters as the Secretary considers appropriate
relating to security force personnel performing PL-1 duties during
the period of five fiscal years after submission of the report.
SEC. 586. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.
(a) Study.--The Comptroller General of the United States shall
evaluate the tattoo policies of each Armed Force, including--
(1) the effects of such policies on recruitment, retention,
reenlistment of members of the Armed Forces; and
(2) processes for waivers to such policies to recruit, retain,
or reenlist members who have unauthorized tattoos.
(b) Briefing.--Not later than March 31, 2022, the Comptroller
General shall brief the Committees on Armed Services of the Senate and
House of Representatives on preliminary findings of such evaluation.
(c) Report.--Not later than July 1, 2022, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the final results of such
evaluation.
SEC. 587. BRIEFING REGARDING BEST PRACTICES FOR COMMUNITY
ENGAGEMENT IN HAWAII.
(a) Briefing Required.--Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary of Defense and the
Secretaries of the military departments shall jointly submit to
Congress a briefing on best practices for coordinating relations with
State and local governmental entities in the State of Hawaii.
(b) Best Practices.--The best practices referred to in subsection
(a) shall address each of the following issues:
(1) Identify comparable locations with joint base military
installations or of other densely populated metropolitan areas with
multiple military installations and summarize lessons learns from
any similar efforts to engage with the community and public
officials.
(2) Identify all the major community engagement efforts by the
services, commands, installations and other military organizations
in the State of Hawaii.
(3) Evaluate the current community outreach efforts to identify
any outreach gaps or coordination challenges that undermine the
military engagement with the local community and elected official
in the State of Hawaii.
(4) Propose options available to create an enhanced,
coordinated community engagement effort in the State of Hawaii
based on the department's evaluation.
(5) Resources to support the coordination described in this
subsection, including the creation of joint liaison offices that
are easily accessible to public officials to facilitate
coordinating relations with State and local governmental agencies.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Basic needs allowance for members on active service in the
Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.
Sec. 605. Requirements in connection with suspension of retired pay and
retirement annuities.
Sec. 606. Report on relationship between basic allowance for housing and
sizes of military families.
Sec. 607. Report on certain moving expenses for members of the Armed
Forces.
Sec. 608. Report on temporary lodging expenses in competitive housing
markets.
Sec. 609. Report on rental partnership programs.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Extension of paid parental leave.
Sec. 622. Bereavement leave for members of the Armed Forces.
Sec. 623. Travel and transportation allowances for family members to
attend the funeral and memorial services of members.
Sec. 624. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home child care.
Sec. 625. Pilot program on direct hire authority for spouses of members
of the uniformed services at locations outside the United
States.
Sec. 626. Casualty assistance program: reform; establishment of working
group.
Subtitle D--Defense Resale Matters
Sec. 631. Additional sources of funds available for construction,
repair, improvement, and maintenance of commissary stores.
Subtitle E--Miscellaneous Rights and Benefits
Sec. 641. Alexander Lofgren Veterans in Parks program.
Subtitle A--Pay and Allowances
SEC. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE IN
THE ARMED FORCES.
(a) In General.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 402a the following new section:
``Sec. 402b. Basic needs allowance for members on active service in the
Armed Forces
``(a) Allowance Required.--The Secretary concerned shall pay to
each member who is eligible under subsection (b) a basic needs
allowance in the amount determined for such member under subsection
(c).
``(b) Eligible Members.--A member on active service in the armed
forces is eligible for the allowance under subsection (a) if--
``(1) the member has completed initial entry training;
``(2) the gross household income of the member during the most
recent calendar year did not exceed an amount equal to 130 percent
of the Federal poverty guidelines of the Department of Health and
Human Services for the location of the member and the number of
individuals in the household of the member for such year; and
``(3) the member--
``(A) is not ineligible for the allowance under subsection
(d); and
``(B) does not elect under subsection (g) not to receive
the allowance.
``(c) Amount of Allowance.--The amount of the monthly allowance
payable to a member under subsection (a) shall be the amount equal to--
``(1)(A) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the calendar year
during which the allowance is paid based on the location of the
member and the number of individuals in the household of the member
during the month for which the allowance is paid; minus
``(B) the gross household income of the member during the
preceding calendar year; divided by
``(2) 12.
``(d) Bases of Ineligibility.--
``(1) In general.--The following members are ineligible for the
allowance under subsection (a):
``(A) A member who does not have any dependents.
``(B) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy, a
midshipman at the United States Naval Academy, or a cadet or
midshipman serving elsewhere in the armed forces.
``(2) Household with more than one eligible member.--In the
event a household contains two or more members determined under
subsection (f) to be eligible to receive the allowance under
subsection (a), only one allowance may be paid to a member among
such members as such members shall jointly elect.
``(3) Automatic ineligibility of members receiving certain pay
increases.--A member determined to be eligible under subsection (f)
for the allowance under subsection (a) whose monthly gross
household income increases as a result of a promotion or other
permanent increase to pay or allowances under this title to an
amount that, on an annualized basis, would exceed the amount
described in subsection (b)(2) is ineligible for the allowance. If
such member is receiving the allowance, payment of the allowance
shall automatically terminate within a reasonable time, as
determined by the Secretary of Defense in regulations prescribed
under subsection (j).
``(4) Ineligibility of certain changes in income.--A member
whose gross household income for the preceding year decreases
because of a fine, forfeiture, or reduction in rank imposed as a
part of disciplinary action or an action under chapter 47 of title
10 (the Uniform Code of Military Justice) is not eligible for the
allowance under subsection (a) solely as a result of the fine,
forfeiture, or reduction in rank.
``(e) Application by Members Seeking Allowance.--
``(1) In general.--A member who seeks to receive the allowance
under subsection (a) shall submit to the Secretary concerned an
application for the allowance that includes such information as the
Secretary may require in order to determine whether or not the
member is eligible to receive the allowance.
``(2) Timing of submission.--A member who receives the
allowance under subsection (a) and seeks to continue to receive the
allowance shall submit to the Secretary concerned an updated
application under paragraph (1) at such times as the Secretary may
require, but not less frequently than annually.
``(3) Voluntary submission.--The submission of an application
under paragraph (1) is voluntary.
``(4) Screening of members for eligibility.--The Secretary of
Defense shall--
``(A) ensure that all members of the armed forces are
screened during initial entry training and regularly thereafter
for eligibility for the allowance under subsection (a); and
``(B) notify any member so screened who may be eligible
that the member may apply for the allowance by submitting an
application under paragraph (1).
``(f) Determinations of Eligibility.--
``(1) In general.--The Secretary concerned shall--
``(A) determine which members of the armed forces are
eligible under subsection (b); and
``(B) notify each such member, in writing, of that
determination.
``(2) Information included in notice.--The notice under
paragraph (1) shall include information regarding financial
management and assistance programs for which the member may be
eligible.
``(g) Election Not to Receive Allowance.--
``(1) In general.--A member determined under subsection (f) to
be eligible for the allowance under subsection (a) may elect, in
writing, not to receive the allowance.
``(2) Deemed ineligible.--A member who does not submit an
application under subsection (e) within a reasonable time (as
determined by the Secretary concerned) shall be deemed ineligible
for the allowance under subsection (a).
``(h) Special Rule for Members Stationed Outside United States.--In
the case of a member assigned to a duty location outside the United
States, the Secretary concerned shall make the calculations described
in subsections (b)(2) and (c)(1) using the Federal poverty guidelines
of the Department of Health and Human Services for the continental
United States.
``(i) Regulations.--Not later than one year after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, the Secretary of Defense shall prescribe regulations for the
administration of this section.
``(j) Effective Period.--
``(1) Implementation period.--The allowance under subsection
(a) is payable for months beginning on or after the date that is
one year after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022.
``(2) Termination.--The allowance under subsection (a) may not
be paid for any month beginning after December 31, 2027.
``(k) Definitions.--In this section:
``(1) Gross household income.--The term `gross household
income', with respect to a member of the armed forces, includes--
``(A) all household income, derived from any source; minus
``(B) in the case of a member whom the Secretary concerned
determines resides in an area with a high cost of living, any
portion of the basic allowance for housing under section 403 of
this title that the Secretary concerned elects to exclude.
``(2) Household.--The term `household' means a member of the
armed forces and any dependents of the member enrolled in the
Defense Enrollment Eligibility Reporting System, regardless of the
location of those dependents.''.
(b) Study.--
(1) In general.--The Secretary of Defense shall conduct a study
on food insecurity in the Armed Forces. Results of such study shall
include the following elements:
(A) An analysis of food deserts that affect members of the
Armed Forces, and their families, who live in areas with high
costs of living.
(B) A comparison of--
(i) the current method employed by the Secretary of
Defense to determine areas with high costs of living;
(ii) local level indicators used by the Bureau of Labor
Statistics that indicate buying power and consumer spending
in specific geographic areas;
(iii) indicators used by the Department of Agriculture
in market basket analyses and other measures of local and
regional food costs.
(C) The feasibility of implementing a web portal for a
member of any Armed Force to apply for the allowance under
section 402b of title 37, United States Code, added by
subsection (a), including--
(i) cost;
(ii) ease of use;
(iii) access;
(iv) privacy; and
(v) any other factor the Secretary determines
appropriate.
(D) The development of a process to determine an
appropriate allowance to supplement the income of members who
suffer food insecurity.
(E) Outcomes of forums with beneficiaries, military service
organizations, and advocacy groups to elicit information
regarding the effects of food insecurity on members and their
dependents. The Secretary of Defense and each Secretary of a
military department shall conduct at least one such forum, only
one of which may be conducted in the National Capital Region.
(F) An estimate of costs to implement each recommendation
of the Secretary developed pursuant to this paragraph.
(G) Any other information the Secretary determines
appropriate.
(2) Briefing.--Not later than April 1, 2022, the Secretary
shall brief the Committees on Armed Services of the Senate and
House of Representatives on initial findings of the study.
(3) Report.--Not later than October 1, 2022, the Secretary
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the final results of
the study.
(4) Definitions.--In this subsection:
(A) The term ``food desert'' means an area, determined by
the Secretary of Defense, where it is difficult to obtain
affordable or high-quality fresh food.
(B) The term ``National Capital Region'' has the meaning
given such term in section 2674 of title 10, United States
Code.
(c) Reports on Effects of Allowance on Food Insecurity.--Not later
than December 31, 2025, and June 1, 2028, the Secretary of Defense
shall submit to the congressional defense committees a report regarding
the effect of the allowance under section 402b of title 37, United
States Code, added by subsection (a), on food insecurity among members
of the Armed Forces.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 402a the following new item:
``402b. Basic needs allowance for members on active service in the Armed
Forces.''.
SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES.
(a) In General.--Subchapter II of chapter 5 of title 37, United
States Code, is amended by adding at the end the following new section:
``Sec. 357. Incentive pay authorities for members of the reserve
components of the armed forces
``Notwithstanding section 1004 of this title, the Secretary
concerned shall pay a member of the reserve component of an armed force
incentive pay in the same monthly amount as that paid to a member in
the regular component of such armed force performing comparable work
requiring comparable skills.''.
(b) Technical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
356 the following:
``357. Incentive pay authorities for members of the reserve components
of the armed forces.''.
(c) Report.--Not later than September 30, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing--
(1) the plan of the Secretary to implement section 357 of such
title, as added by subsection (a);
(2) an estimate of the costs of such implementation;
(3) the number of members described in such section; and
(4) any other matter the Secretary determines relevant.
(d) Implementation Date.--The Secretary may not implement section
357 of such title, as added by subsection (a) until after--
(1) submission of the report under subsection (b); and
(2) the Secretary determines and certifies in writing to the
Committees on Armed Services of the Senate and House of
Representatives that such implementation shall not have a
detrimental effect on the force structure of an Armed Force
concerned, including with regard to recruiting or retention of
members in the regular component of such Armed Force.
SEC. 603. EXPANSIONS OF CERTAIN TRAVEL AND TRANSPORTATION
AUTHORITIES.
(a) Lodging in Kind for Reserve Component Members Performing
Training.--
(1) In general.--Section 12604 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(c) Lodging in Kind.--(1) In the case of a member of a reserve
component performing active duty for training or inactive-duty training
who is not otherwise entitled to travel and transportation allowances
in connection with such duty, the Secretary concerned may reimburse the
member for housing service charge expenses incurred by the member in
occupying transient government housing during the performance of such
duty. If transient government housing is unavailable or inadequate, the
Secretary concerned may provide the member with lodging in kind.
``(2) Any payment or other benefit under this subsection shall be
provided in accordance with regulations prescribed by the Secretary
concerned.
``(3) The Secretary may pay service charge expenses under paragraph
(1) and expenses of providing lodging in kind under such paragraph out
of funds appropriated for operation and maintenance for the reserve
component concerned. Use of a Government charge card is authorized for
payment of these expenses.
``(4) Decisions regarding the availability or adequacy of
government housing at a military installation under paragraph (1) shall
be made by the installation commander.''.
(2) Conforming amendment.--Section 474 of title 37, United
States Code, is amended by striking subsection (i).
(b) Mandatory Pet Quarantine Fees for Household Pets.--Section
451(b)(8) of title 37, United States Code, is amended by adding at the
end the following: ``Such costs include pet quarantine expenses.''.
(c) Student Dependent Transportation.--
(1) In general.--Section 452(b) of title 37, United States
Code, is amended by adding at the end the following new paragraphs:
``(18) Travel by a dependent child to the United States to
obtain formal secondary, undergraduate, graduate, or vocational
education, if the permanent duty assignment location of the member
of the uniformed services is outside the continental United States
(other than in Alaska or Hawaii).
``(19) Travel by a dependent child within the United States to
obtain formal secondary, undergraduate, graduate, or vocational
education, if the permanent duty assignment location of the member
of the uniformed services is in Alaska or Hawaii and the school is
located in a State outside of the permanent duty assignment
location.''.
(2) Definitions.--Section 451 of title 37, United States Code,
as amended by subsection (b) of this section, is amended--
(A) in subsection (a)(2)(H), by adding at the end the
following new clauses:
``(vii) Transportation of a dependent child of a member
of the uniformed services to the United States to obtain
formal secondary, undergraduate, graduate, or vocational
education, if the permanent duty assignment location of the
member is outside the continental United States (other than
in Alaska or Hawaii).
``(viii) Transportation of a dependent child of a
member of the uniformed services within the United States
to obtain formal secondary, undergraduate, graduate, or
vocational education, if the permanent duty assignment
location of the member is in Alaska or Hawaii and the
school is located in a State outside of the permanent duty
assignment location.''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(10)(A) The term `permanent duty assignment location' means--
``(i) the official station of a member of the uniformed
services; or
``(ii) the residence of a dependent of a member of the
uniformed services.
``(B) As used in subparagraph (A)(ii), the residence of a
dependent who is a student not living with the member while at
school is the permanent duty assignment location of the dependent
student.''.
(d) Dependent Transportation Incident to Ship Construction,
Inactivation, and Overhauling.--
(1) In general.--Section 452 of title 37, United States Code,
as amended by subsection (c) of this section, is further amended--
(A) in subsection (b), by adding at the end the following
new paragraph:
``(20) Subject to subsection (i), travel by a dependent to a
location where a member of the uniformed services is on permanent
duty aboard a ship that is overhauling, inactivating, or under
construction.''; and
(B) by adding at the end the following new subsection:
``(i) Dependent Transportation Incident to Ship Construction,
Inactivation, and Overhauling.--The authority under subsection (a) for
travel in connection with circumstances described in subsection (b)(20)
shall be subject to the following terms and conditions:
``(1) The member of the uniformed services must be permanently
assigned to the ship for 31 or more consecutive days to be eligible
for allowances, and the transportation allowances accrue on the
31st day and every 60 days thereafter.
``(2) Transportation in kind, reimbursement for personally
procured transportation, or a monetary allowance for mileage in
place of the cost of transportation may be provided, in lieu of the
member's entitlement to transportation, for the member's dependents
from the location that was the home port of the ship before
commencement of overhaul or inactivation to the port of overhaul or
inactivation.
``(3) The total reimbursement for transportation for the
member's dependents may not exceed the cost of one Government-
procured commercial round-trip travel.''.
(2) Definitions.--Section 451(a)(2)(H) of title 37, United
States Code, as amended by subsection (c) of this section, is
further amended by adding at the end the following new clause:
``(ix) Transportation of a dependent to a location
where a member of the uniformed services is on permanent
duty aboard a ship that is overhauling, inactivating, or
under construction.''.
(e) Technical Correction.--Section 2784a(a)(3) of title 10, United
States Code, is amended by striking ``section 474'' and inserting
``section 452''.
SEC. 604. REPEAL OF EXPIRING TRAVEL AND TRANSPORTATION AUTHORITIES.
(a) In General.--Effective December 31, 2021, subchapter III of
chapter 8 of title 37, United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 8 of such title is amended by striking the items relating to
subchapter III and sections 471 through 495.
SEC. 605. REQUIREMENTS IN CONNECTION WITH SUSPENSION OF RETIRED PAY
AND RETIREMENT ANNUITIES.
(a) Annual Eligibility Determination Procedures.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall prescribe in regulations a single annual eligibility
determination procedure for determinations of eligibility for military
retired or retainer pay and survivor annuities in connection with
military service as a replacement of the current procedures in
connection with the Certificate of Eligibility and Report of Existence
for military retirees and annuitants.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on a process by which notifications of the death of a military
retiree or annuitant may be determined with respect to the termination
of eligibility for benefits.
SEC. 606. REPORT ON RELATIONSHIP BETWEEN BASIC ALLOWANCE FOR
HOUSING AND SIZES OF MILITARY FAMILIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on whether
the basic allowance for housing under section 403 of title 37, United
States Code, is sufficient for the average family size of members of
the Armed Forces, disaggregated by rank and military housing area.
SEC. 607. REPORT ON CERTAIN MOVING EXPENSES FOR MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on moving
expenses incurred by members of the Armed Forces and their families
that exceed such expenses covered by the Joint Travel Regulations for
the Uniformed Services, disaggregated by Armed Force, rank, and
military housing area. In such report, the Secretary shall examine the
root causes of such expenses.
SEC. 608. REPORT ON TEMPORARY LODGING EXPENSES IN COMPETITIVE
HOUSING MARKETS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
appropriateness of the maximum payment period of 10 days under
subsection (c) of section 474a of title 37, United States Code in
highly competitive housing markets. Such report shall include how the
Secretary educates members of the Armed Forces and their families about
their ability to request payment under such section.
SEC. 609. REPORT ON RENTAL PARTNERSHIP PROGRAMS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
rental partnership programs of the Armed Forces. Such report shall
include--
(1) the numbers and percentages of members of the Armed Forces
who do not live in housing located on military installations who
participate in such programs; and
(2) the recommendation of the Secretary whether Congress should
establish annual funding for such programs and, if so, what in
amounts.
Subtitle B--Bonus and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2021'' and inserting ``December 31, 2022''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2021'' and inserting ``December 31, 2022''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2021''
and inserting ``December 31, 2022'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty
pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2021'' and inserting
``December 31, 2022''.
Subtitle C--Family and Survivor Benefits
SEC. 621. EXTENSION OF PAID PARENTAL LEAVE.
(a) In General.--Section 701 of title 10, United States Code, is
amended--
(1) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``a member'' and
all that follows through the period at the end and
inserting the following: ``a member of the armed forces
described in paragraph (2) is allowed up to a total of 12
weeks of parental leave during the one-year period
beginning after the following events:
``(i) The birth or adoption of a child of the member
and in order to care for such child.
``(ii) The placement of a minor child with the member
for adoption or long-term foster care.''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B)(i) The Secretary concerned, under uniform regulations
to be prescribed by the Secretary of Defense, may authorize
leave described under subparagraph (A) to be taken after the
one-year period described in such paragraph in the case of a
member described in paragraph (2) who, except for this
subparagraph, would lose unused parental leave at the end of
the one-year period described in subparagraph (A) as a result
of--
``(I) operational requirements;
``(II) professional military education obligations; or
``(III) other circumstances that the Secretary
determines reasonable and appropriate.
``(ii) The regulations prescribed under clause (i) shall
require that any leave authorized to be taken after the one-
year period described in subparagraph (A) shall be taken within
a reasonable period of time, as determined by the Secretary of
Defense, after cessation of the circumstances warranting the
extended deadline.'';
(B) by striking paragraphs (3), (8), and (10) and
redesignating paragraphs (4), (5), (6), (7), and (9) as
paragraphs (3), (4), (5), (6), and (7), respectively;
(C) in paragraph (3), as redesignated by subparagraph (B),
by striking the matter preceding the em dash and inserting ``A
member who has given birth may receive medical convalescent
leave in conjunction with such birth. Medical convalescent
leave in excess of the leave under paragraph (1) may be
authorized if such additional medical convalescent leave'';
(D) in paragraph (4), as so redesignated, by striking
``paragraphs (1) and (4)'' and inserting ``paragraphs (1) and
(3)'';
(E) in paragraph (5)(A), as so redesignated, by inserting
``, subject to the exceptions in paragraph (1)(B)(ii)'' after
``shall be forfeited''; and
(F) in paragraph (7)(B), as so redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)'';
(2) by striking subsection (j) and redesignating subsections
(k) and (l) as subsections (j) and (k), respectively; and
(3) by adding at the end the following new subsection (l):
``(l) A member of the armed forces who gives birth while on active
duty may be required to meet body composition standards or pass a
physical fitness test during the period of 12 months beginning on the
date of such birth only with the approval of a health care provider
employed at a military medical treatment facility and--
``(1) at the election of such member; or
``(2) in the interest of national security, as determined by
the Secretary of Defense.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect one year after the date of the enactment of this Act.
(c) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations implementing the amendments made by subsection (a).
(d) Reporting.--Not later than January 1, 2023, and annually
thereafter, each Secretary of a military department shall submit, to
the Committees on Armed Services of the Senate and House of
Representatives, a report regarding the use, during the preceding
fiscal year, of leave under subsections (i) and (j) of section 701 of
such title, as amended by subsection (a), disaggregated by births,
adoptions, and foster placements, including the number of members of
the Armed Forces who--
(1) used the maximum amount of primary caregiver leave; and
(2) used leave in multiple increments.
SEC. 622. BEREAVEMENT LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(m)(1)(A) Under regulations prescribed by the Secretary of
Defense, a member of the armed forces described in subparagraph (B) is
allowed up to two weeks of leave to be used in connection with the
death of an immediate family member.
``(B) Subparagraph (A) applies to the following members:
``(A) A member on active duty.
``(B) A member of a reserve component performing active Guard
and Reserve duty.
``(C) A member of a reserve component subject to an active duty
recall or mobilization order in excess of 12 months.
``(2) Under the regulations prescribed for purposes of this
subsection, a member taking leave under paragraph (1) shall not have
his or her leave account reduced as a result of taking such leave if
such member's accrued leave is fewer than 30 days. Members with 30 or
more days of accrued leave shall be charged for bereavement leave until
such point that the member's accrued leave is less than 30 days. Any
remaining bereavement leave taken by such member in accordance with
paragraph (1) after such point shall not be chargeable to the member.
``(3) In this section, the term `immediate family member', with
respect to a member of the armed forces, means--
``(A) the member's spouse; or
``(B) a child of the member.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS
TO ATTEND THE FUNERAL AND MEMORIAL SERVICES OF MEMBERS.
Section 452(b) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(18) Presence of family members at the funeral and memorial
services of members.''.
SEC. 624. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL
ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD CARE.
Section 589(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may carry out the pilot program at other
locations the Secretary determines appropriate.''.
SEC. 625. PILOT PROGRAM ON DIRECT HIRE AUTHORITY FOR SPOUSES OF
MEMBERS OF THE UNIFORMED SERVICES AT LOCATIONS OUTSIDE THE UNITED
STATES.
(a) In General.--The Secretary of Defense may carry out a pilot
program to assess the feasibility and advisability of using the
authority under subsection (b) to hire spouses of members of the
uniformed services at locations outside the United States.
(b) Authority.--In carrying out the pilot program under this
section, the Secretary may appoint, without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code (other than
sections 3303 and 3328 of such chapter), a spouse of a member of the
uniformed services stationed at a duty location outside the United
States to a position described in subsection (c) if--
(1) the spouse has been authorized to accompany the member to
the duty location at Government expense; and
(2) the duty location is within reasonable commuting distance,
as determined by the Secretary concerned, of the location of the
position.
(c) Position Described.--A position described in this subsection is
a competitive service position within the Department of Defense that is
located outside the United States.
(d) Term of Appointment.--
(1) In general.--An appointment made under this section shall
be for a term not exceeding two years.
(2) Renewal.--The Secretary of Defense may renew an appointment
made under this section for not more than two additional terms,
each not exceeding two years.
(3) Termination.--An appointment made under this section shall
terminate on the date on which the member of the uniformed services
relocates back to the United States in connection with a permanent
change of station.
(e) Payment of Travel and Transportation Allowances.--Nothing in
this section may be construed to authorize additional travel or
transportation allowances in connection with an appointment made under
this section.
(f) Relationship to Other Law.--Nothing in this section may be
construed to interfere with--
(1) the authority of the President under section 3304 of title
5, United States Code;
(2) the authority of the President under section 1784 of title
10, United States Code;
(3) the ability of the head of an agency to make noncompetitive
appointments pursuant to section 3330d of title 5, United States
Code; or
(4) any obligation under any applicable treaty, status of
forces agreement, or other international agreement between the
United States Government and the government of the country in which
the position is located.
(g) Reports Required.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to the appropriate committees of Congress a
report setting forth the following:
(A) The number of individuals appointed under this section.
(B) The position series and grade to which each individual
described in subparagraph (A) was appointed.
(C) Demographic data on the individuals described in
subparagraph (A), including with respect to race, gender, age,
and education level attained.
(D) Data on the members of the uniformed services whose
spouses have been appointed under this section, including the
rank of each such member.
(E) Such recommendations for legislative or administrative
action as the Secretary considers appropriate relating to
continuing or expanding the pilot program.
(2) Final report.--Not later than December 31, 2026, the
Secretary shall submit to the appropriate committees of Congress a
final report setting forth the information under paragraph (1).
(h) Termination.--The pilot program under this section shall
terminate on December 31, 2026.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
(2) Secretary concerned.--The term ``Secretary concerned''--
(A) has the meaning given the term in section 101(a)(9) of
title 10, United States Code; and
(B) includes--
(i) the Secretary of Commerce, with respect to matters
concerning the commissioned officer corps of the National
Oceanic and Atmospheric Administration; and
(ii) the Secretary of Health and Human Services, with
respect to matters concerning the commissioned corps of the
Public Health Service.
(3) Uniformed services.--The term ``uniformed services'' has
the meaning given the term in section 101(a)(5) of title 10, United
States Code.
(4) United states.--The term ``United States'' has the meaning
given that term in section 101(a)(1) of title 10, United States
Code.
SEC. 626. CASUALTY ASSISTANCE PROGRAM: REFORM; ESTABLISHMENT OF
WORKING GROUP.
(a) Casualty Assistance Reform Working Group.--
(1) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall establish
a working group to be known as the ``Casualty Assistance Reform
Working Group'' (in this section referred to as the ``Working
Group'').
(2) Duties.--The Working Group shall perform the following
duties:
(A) Create standards and training for CAOs across the
military departments.
(B) Explore the possibility of establishing a unique badge
designation for--
(i) CAOs who have performed CAO duty more than five
times; or
(ii) professional CAOs.
(C) Examine the current workflow of casualty affairs
support across the military departments, including
administrative processes and survivor engagements.
(D) Perform a gap analysis and solution document that
clearly identifies and prioritizes critical changes to
modernize and professionalize the casualty experience for
survivors.
(E) Review the organization of the Office of Casualty,
Mortuary Affairs and Military Funeral Honors to ensure it is
positioned to coordinate policy and assist in all matters under
its jurisdiction, across the Armed Forces, including any
potential intersections with the Defense Prisoner of War and
Missing in Action Accounting Agency.
(F) Explore the establishment of--
(i) an annual meeting, led by the Secretary of Defense,
with gold star families; and
(ii) a surviving and gold star family leadership
council.
(G) Recommend improvements to the family notification
process of Arlington National Cemetery.
(H) Explore the redesign of the Days Ahead Binder,
including creating an electronic version.
(I) Consider the expansion of the DD Form 93 to include
more details regarding the last wishes of the deceased member.
(J) Assess coordination between the Department of Defense
and the Office of Survivors Assistance of the Department of
Veterans Affairs.
(3) Membership.--The membership of the Working Group shall be
composed of the following:
(A) The Under Secretary of Defense for Personnel and
Readiness, who shall serve as Chair of the Working Group.
(B) At least one person furnished with a gold star lapel
button under section 1126 of title 10, United States Code, by
each Secretary of a military department.
(C) Other members of the Armed Forces or civilian employees
of the Department of Defense, appointed by the Secretary of
Defense, based on knowledge of, and experience with, matters
described in paragraph (2).
(4) Report.--Not later than September 30, 2022, the Working
Group shall submit to the Secretary of Defense a report containing
the determinations and recommendations of the Working Group.
(5) Termination.--The Working Group shall terminate upon
submission of the report under paragraph (4).
(b) Report Required.--Not later than November 1, 2022, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report setting forth
the results of a review and assessment of the casualty assistance
officer program, including the report of the Working Group.
(c) Establishment of Certain Definitions.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries of the military departments, shall
publish an interim rule that establishes standard definitions, for use
across the military departments, of the terms ``gold star family'' and
``gold star survivor''.
(d) CAO Defined.--In this section, the term ``CAO'' means a
casualty assistance officer of the Armed Forces.
Subtitle D--Defense Resale Matters
SEC. 631. ADDITIONAL SOURCES OF FUNDS AVAILABLE FOR CONSTRUCTION,
REPAIR, IMPROVEMENT, AND MAINTENANCE OF COMMISSARY STORES.
Section 2484(h) of title 10, United States Code, is amended--
(1) in paragraph (5), by adding at the end the following new
subparagraphs:
``(F) Amounts made available for any purpose set forth in
paragraph (1) pursuant to an agreement with a host nation.
``(G) Amounts appropriated for repair or reconstruction of a
commissary store in response to a disaster or emergency.''; and
(2) by adding at the end the following new paragraph:
``(6) Revenues made available under paragraph (5) for the purposes
set forth in paragraphs (1), (2), and (3) may be supplemented with
additional funds derived from--
``(A) improved management practices implemented pursuant to
sections 2481(c)(3), 2485(b), and 2487(c) of this title; and
``(B) the variable pricing program implemented pursuant to
subsection (i).''.
Subtitle E--Miscellaneous Rights and Benefits
SEC. 641. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM.
Section 805 of the Federal Lands Recreation Enhancement Act (Public
Law 108-447; 118 Stat. 3385; 16 U.S.C. 6804) is amended--
(1) in subsection (a)(4), by striking ``age and disability
discounted'' and inserting ``age discount and lifetime''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Discounted'' and
inserting ``Free and Discounted'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Disability discount''
and inserting ``Lifetime passes''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Any veteran who provides adequate proof of military
service as determined by the Secretary.
``(C) Any member of a Gold Star Family who meets the
eligibility requirements of section 3.2 of Department of
Defense Instruction 1348.36 (or a successor instruction).'';
and
(C) in paragraph (3)--
(i) in the heading, by striking ``Gold star families
parks pass'' and inserting ``Annual passes''; and
(ii) by striking ``members of'' and all that follows
through the end of the sentence and inserting ``members of
the Armed Forces and their dependents who provide adequate
proof of eligibility for such pass as determined by the
Secretary.''.
TITLE VII--HEALTH CARE PROVISIONS
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Eating disorders treatment for certain members of the Armed
Forces and dependents.
Sec. 702. Addition of preconception and prenatal carrier screening
coverage as benefits under TRICARE program.
Sec. 703. Revisions to TRICARE provider networks.
Sec. 704. Self-initiated referral process for mental health evaluations
of members of the Armed Forces.
Sec. 705. Modifications to pilot program on health care assistance
system.
Sec. 706. Modification of pilot program on receipt of non-generic
prescription maintenance medications under TRICARE pharmacy
benefits program.
Sec. 707. Improvement of postpartum care for members of the Armed Forces
and dependents.
Subtitle B--Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization
requirements.
Sec. 712. Requirement for consultations relating to military medical
research and Defense Health Agency Research and Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the
military health system.
Sec. 714. Authority of Secretary of Defense and Secretary of Veterans
Affairs to enter into agreements for planning, design, and
construction of facilities to be operated as shared medical
facilities.
Sec. 715. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 716. Establishment of Department of Defense system to track and
record information on vaccine administration.
Sec. 717. Exemption from required physical examination and mental health
assessment for certain members of the reserve components.
Sec. 718. Authorization of provision of instruction at Uniformed
Services University of the Health Sciences to certain Federal
employees.
Sec. 719. Removal of requirement for one year of participation in
certain medical and lifestyle incentive programs of the
Department of Defense to receive benefits under such programs.
Sec. 720. Department of Defense standards for exemptions from mandatory
COVID-19 vaccines.
Sec. 721. Establishment of centers of excellence for enhanced treatment
of ocular injuries.
Sec. 722. Implementation of integrated product for management of
population health across military health system.
Sec. 723. Digital health strategy of Department of Defense.
Sec. 724. Development and update of certain policies relating to
military health system and integrated medical operations.
Sec. 725. Mandatory training on health effects of burn pits.
Sec. 726. Standardization of definitions used by the Department of
Defense for terms related to suicide.
Subtitle C--Reports and Other Matters
Sec. 731. Modifications and reports related to military medical manning
and medical billets.
Sec. 732. Access by United States Government employees and their family
members to certain facilities of Department of Defense for
assessment and treatment of anomalous health conditions.
Sec. 733. Pilot program on cardiac screening at certain military service
academies.
Sec. 734. Pilot program on assistance for mental health appointment
scheduling at military medical treatment facilities.
Sec. 735. Prohibition on availability of funds for certain research
connected to China.
Sec. 736. Limitation on certain discharges solely on the basis of
failure to obey lawful order to receive COVID-19 vaccine.
Sec. 737. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 738. Independent review of suicide prevention and response at
military installations.
Sec. 739. Feasibility and advisability study on establishment of
aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 740. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record
program.
Sec. 742. Comptroller General study on implementation by Department of
Defense of recent statutory requirements to reform the
military health system.
Sec. 743. Study to determine need for a joint fund for Federal
Electronic Health Record Modernization Office.
Sec. 744. Briefing on domestic production of critical active
pharmaceutical ingredients for national security purposes.
Sec. 745. Briefing on substance abuse in the Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. EATING DISORDERS TREATMENT FOR CERTAIN MEMBERS OF THE
ARMED FORCES AND DEPENDENTS.
(a) Eating Disorders Treatment for Certain Dependents.--Section
1079 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(18) Treatment for eating disorders may be provided in
accordance with subsection (r).''; and
(2) by adding at the end the following new subsection:
``(r)(1) The provision of health care services for an eating
disorder under subsection (a)(18) may include the following services:
``(A) Outpatient services for in-person or telehealth care,
including partial hospitalization services and intensive outpatient
services.
``(B) Inpatient services, which shall include residential
services only if medically indicated for treatment of a primary
diagnosis of an eating disorder.
``(2) A dependent provided health care services for an eating
disorder under subsection (a)(18) shall be provided such services
without regard to--
``(A) the age of the dependent, except with respect to
residential services under paragraph (1)(B), which may be provided
only to a dependent who is not eligible for hospital insurance
benefits under part A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.); and
``(B) except as otherwise specified in paragraph (1)(B),
whether the eating disorder is the primary or secondary diagnosis
of the dependent.
``(3) In this section, the term `eating disorder' has the meaning
given the term `feeding and eating disorders' in the Diagnostic and
Statistical Manual of Mental Disorders, 5th Edition (or successor
edition), published by the American Psychiatric Association.''.
(b) Limitation With Respect to Retirees.--
(1) In general.--Section 1086(a) of title 10, United States
Code, is amended by inserting ``and (except as provided in
subsection (i)) treatments for eating disorders'' after ``eye
examinations''.
(2) Exception.--Such section is further amended by adding at
the end the following new subsection:
``(i) If, prior to October 1, 2022, a category of persons covered
by this section was eligible to receive a specific type of treatment
for eating disorders under a plan contracted for under subsection (a),
the general prohibition on the provision of treatments for eating
disorders specified in such subsection shall not apply with respect to
the provision of the specific type of treatment to such category of
persons.''.
(c) Identification and Treatment of Eating Disorders for Members of
the Armed Forces.--
(1) In general.--Chapter 55 of title 10, United States Code, is
amended by--
(A) redesignating section 1090a as section 1090b; and
(B) inserting after section 1090 the following new section:
``Sec. 1090a. Identifying and treating eating disorders.
``(a) Identification, Treatment, and Rehabilitation.--The Secretary
of Defense, and the Secretary of Homeland Security with respect to the
Coast Guard when it is not operating as a service in the Navy, shall
prescribe regulations, implement procedures using each practical and
available method, and provide necessary facilities to identify, treat,
and rehabilitate members of the armed forces who have an eating
disorder.
``(b) Facilities Available.--(1) In this section, the term
`necessary facilities' includes facilities that provide the services
specified in section 1079(r)(1) of this title.
``(2) Consistent with section 1079(r)(1)(B) of this title,
residential services shall be provided to a member pursuant to this
section only if the member has a primary diagnosis of an eating
disorder and treatment at such facility is medically indicated for
treatment of that eating disorder.
``(c) Eating Disorder Defined.--In this section, the term `eating
disorder' has the meaning given that term in section 1079(r) of this
title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 55 of title 10, United States Code, is amended by
striking the item relating to section 1090a and inserting the
following new items:
``1090a. Identifying and treating eating disorders.
``1090b. Commanding officer and supervisor referrals of members for
mental health evaluations.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2022.
SEC. 702. ADDITION OF PRECONCEPTION AND PRENATAL CARRIER SCREENING
COVERAGE AS BENEFITS UNDER TRICARE PROGRAM.
Section 1079(a) of title 10, United States Code, as amended by
section 701, is further amended by adding at the end the following new
paragraph:
``(19) Preconception and prenatal carrier screening tests shall
be provided to eligible covered beneficiaries, with a limit per
beneficiary of one test per condition per lifetime, for the
following conditions:
``(A) Cystic Fibrosis.
``(B) Spinal Muscular Atrophy.
``(C) Fragile X Syndrome.
``(D) Tay-Sachs Disease.
``(E) Hemoglobinopathies.
``(F) Conditions linked with Ashkenazi Jewish descent.''.
SEC. 703. REVISIONS TO TRICARE PROVIDER NETWORKS.
(a) TRICARE Select.--Section 1075 of title 10, United States Code,
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Authority for Multiple Networks in the Same Geographic
Area.--(1) The Secretary may establish a system of multiple networks of
providers under TRICARE Select in the same geographic area or areas.
``(2) Under a system established under paragraph (1), the Secretary
may--
``(A) require a covered beneficiary enrolling in TRICARE Select
to enroll in a specific provider network established pursuant to
such system, in which case any provider not in that specific
provider network shall be deemed an out-of-network provider with
respect to the covered beneficiary (regardless of whether the
provider is in a different TRICARE Select provider network) for
purposes of this section or any other provision of law limiting the
coverage or provision of health care services to those provided by
network providers under the TRICARE program; and
``(B) include beneficiaries covered by subsection (c)(2).''.
(b) TRICARE Prime.--Section 1097a of such title is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Authority for Multiple Networks in the Same Geographic
Area.--(1) The Secretary may establish a system of multiple networks of
providers under TRICARE Prime in the same geographic area or areas.
``(2) Under a system established under paragraph (1), the Secretary
may require a covered beneficiary enrolling in TRICARE Prime to enroll
in a specific provider network established pursuant to such system, in
which case any provider not in that specific provider network shall be
deemed an out-of-network provider with respect to the covered
beneficiary (regardless of whether the provider is in a different
TRICARE Prime provider network) for purposes of this section or any
other provision of law limiting the coverage or provision of health
care services to those provided by network providers under the TRICARE
program.''.
SEC. 704. SELF-INITIATED REFERRAL PROCESS FOR MENTAL HEALTH
EVALUATIONS OF MEMBERS OF THE ARMED FORCES.
Section 1090a of title 10, United States Code, is amended--
(1) in subsection (c), by inserting ``or is required to make
such a referral pursuant to the process described in subsection
(e)(1)(A)'' after ``mental health evaluation'';
(2) by redesignating subsection (e) as subsection (g); and
(3) by inserting after subsection (d) the following new
subsections:
``(e) Self-initiated Referral Process.--(1) The regulations
required by subsection (a) shall, with respect to a member of the armed
forces--
``(A) provide for a self-initiated process that enables the
member to trigger a referral for a mental health evaluation by
requesting such a referral from a commanding officer or supervisor
who is in a grade above E-5;
``(B) ensure the function of the process described in
subparagraph (A) by--
``(i) requiring the commanding officer or supervisor of the
member to refer the member to a mental health provider for a
mental health evaluation as soon as practicable following the
request of the member (including by providing to the mental
health provider the name and contact information of the member
and providing to the member the date, time, and place of the
scheduled mental health evaluation); and
``(ii) ensure the member may request a referral pursuant to
subparagraph (A) on any basis (including on the basis of a
concern relating to fitness for duty, occupational
requirements, safety issues, significant changes in
performance, or behavioral changes that may be attributable to
possible changes in mental status); and
``(C) ensure that the process described in subparagraph (A)--
``(i) reduces stigma in accordance with subsection (b),
including by treating referrals for mental health evaluations
made pursuant to such process in a manner similar to referrals
for other medical services, to the maximum extent practicable;
and
``(ii) protects the confidentiality of the member to the
maximum extent practicable, in accordance with requirements for
the confidentiality of health information under the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191) and applicable privacy laws.
``(2) In making a referral for an evaluation of a member of the
armed forces triggered by a request made pursuant to the process
described in paragraph (1)(A), if the member has made such a request on
the basis of a concern that the member is a potential or imminent
danger to self or others, the commanding officer or supervisor of the
member shall observe the following principles:
``(A) With respect to safety, if the commander or supervisor
determines the member is exhibiting dangerous behavior, the first
priority of the commander or supervisor shall be to ensure that
precautions are taken to protect the safety of the member, and
others, prior to the arrival of the member at the location of the
evaluation.
``(B) With respect to communication, prior to such arrival, the
commander or supervisor shall communicate to the provider to which
the member is being referred (in a manner and to an extent
consistent with paragraph (1)(C)(ii)), information on the
circumstances and observations that led to--
``(i) the member requesting the referral; and
``(ii) the commander or supervisor making such referral
based on the request.
``(f) Annual Training Requirement.--On an annual basis, each
Secretary concerned shall provide to the members of the Armed Forces
under the jurisdiction of such Secretary a training on how to recognize
personnel who may require mental health evaluations on the basis of the
individual being an imminent danger to self or others, as demonstrated
by the behavior or apparent mental state of the individual.''.
SEC. 705. MODIFICATIONS TO PILOT PROGRAM ON HEALTH CARE ASSISTANCE
SYSTEM.
Section 731(d) of the National Defense Authorization Act for Fiscal
Year 2018 (10 U.S.C. 1075 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``January 1, 2021'' and inserting ``November 1, 2022'';
(2) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting ``;
and''; and
(4) by adding at the end the following new paragraph:
``(3) input from covered beneficiaries who have participated in
the pilot program regarding their satisfaction with, and any
benefits attained from, such participation.''.
SEC. 706. MODIFICATION OF PILOT PROGRAM ON RECEIPT OF NON-GENERIC
PRESCRIPTION MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY
BENEFITS PROGRAM.
Section 706 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in subsection (a)(1), by striking ``may carry out'' and
inserting ``shall carry out'';
(2) in subsection (b), by striking ``March 1, 2021'' and
inserting ``March 1, 2022'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively;
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Reimbursement.--If the Secretary carries out the pilot
program under subsection (a)(1), reimbursement of retail pharmacies for
medication under the pilot program may not exceed the amount of
reimbursement paid to the national mail-order pharmacy program under
section 1074g of title 10, United States Code, for the same medication,
after consideration of all manufacturer discounts, refunds, rebates,
pharmacy transaction fees, and other costs.''; and
(5) in subsection (f), as redesignated by paragraph (3)--
(A) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) Briefing.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, the Secretary shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing
on the implementation of the pilot program under subsection (a)(1)
or on the determination of the Secretary under subsection (a)(2)
that the Secretary is not permitted to carry out the pilot
program.''; and
(B) in paragraph (3)(A), by striking ``March 1, 2024'' and
inserting ``March 1, 2025''.
SEC. 707. IMPROVEMENT OF POSTPARTUM CARE FOR MEMBERS OF THE ARMED
FORCES AND DEPENDENTS.
(a) Clinical Practice Guidelines for Postpartum Care in Military
Medical Treatment Facilities.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall establish
clinical practice guidelines for the provision of postpartum care in
military medical treatment facilities. Such guidelines shall take into
account the recommendations of established professional medical
associations and address the following matters:
(1) Postpartum mental health assessments, including the
appropriate intervals for furnishing such assessments and screening
questions for such assessments (including questions relating to
postpartum anxiety and postpartum depression).
(2) Pelvic health evaluation and treatment, including the
appropriate timing for furnishing a medical evaluation for pelvic
health, considerations for providing consultations for physical
therapy for pelvic health (including pelvic floor health), and the
appropriate use of telehealth services.
(3) Pelvic health rehabilitation services.
(4) Obstetric hemorrhage treatment, including through the use
of pathogen reduced resuscitative products.
(b) Policy on Scheduling of Appointments for Postpartum Health Care
Services.--
(1) Policy required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a policy
for the scheduling of appointments for postpartum health care
services in military medical treatment facilities. In developing
the policy, the Secretary shall consider the extent to which it is
appropriate to facilitate concurrent scheduling of appointments for
postpartum care with appointments for well-baby care.
(2) Pilot program authorized.--The Secretary may carry out a
pilot program in one or more military medical treatment facilities
to evaluate the effect of concurrent scheduling, to the degree
clinically appropriate, of the appointments specified in paragraph
(1).
(c) Policy on Postpartum Physical Fitness Tests and Body
Composition Assessments.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a policy, which
shall be standardized across each Armed Force to the extent
practicable, for the time periods after giving birth that a member of
the Armed Forces (including the reserve components) may be excused
from, or provided an alternative to, a physical fitness test or a body
composition assessment.
(d) Briefing.--Not later than 270 days after the date of enactment
of this Act, the Secretary shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on
the implementation of the requirements under this section.
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF CERTAIN DEFENSE HEALTH AGENCY
ORGANIZATION REQUIREMENTS.
Section 1073c(c)(5) of title 10, United States Code, is amended by
striking ``paragraphs (1) through (4)'' and inserting ``paragraph (3)
or (4)''.
SEC. 712. REQUIREMENT FOR CONSULTATIONS RELATING TO MILITARY
MEDICAL RESEARCH AND DEFENSE HEALTH AGENCY RESEARCH AND
DEVELOPMENT.
(a) Consultations Required.--Section 1073c of title 10, United
States Code, as amended by section 711, is further amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Consultations on Medical Research of Military Departments.--
In establishing the Defense Health Agency Research and Development
pursuant to subsection (e)(1), and on a basis that is not less frequent
than semiannually thereafter, the Secretary of Defense shall carry out
recurring consultations with each military department regarding the
plans and requirements for military medical research organizations and
activities of the military department.''.
(b) Requirements for Consultations.--The Secretary of Defense shall
ensure that consultations are carried out under section 1073c(f) of
title 10, United States Code (as added by subsection (a)), to include
the plans of each military department to ensure a comprehensive
transition of any military medical research organizations of the
military department with respect to the establishment of the Defense
Health Agency Research and Development.
(c) Deadline for Initial Consultations.--Initial consultations
shall be carried out under section 1073c(f) of title 10, United States
Code (as added by subsection (a)), with each military department by not
later than March 1, 2022.
SEC. 713. AUTHORIZATION OF PROGRAM TO PREVENT FRAUD AND ABUSE IN
THE MILITARY HEALTH SYSTEM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073e the following new section:
``Sec. 1073f. Health care fraud and abuse prevention program
``(a) Program Authorized.--(1) The Secretary of Defense may carry
out a program under this section to prevent and remedy fraud and abuse
in the health care programs of the Department of Defense.
``(2) At the discretion of the Secretary, such program may be
administered jointly by the Inspector General of the Department of
Defense and the Director of the Defense Health Agency.
``(3) In carrying out such program, the authorities granted to the
Secretary of Defense and the Inspector General of the Department of
Defense under section 1128A(m) of the Social Security Act (42 U.S.C.
1320a-7a(m)) shall be available to the Secretary and the Inspector
General.
``(b) Civil Monetary Penalties.--(1) Except as provided in
paragraph (2), the provisions of section 1128A of the Social Security
Act (42 U.S.C. 1320a-7a) shall apply with respect to any civil monetary
penalty imposed in carrying out the program authorized under subsection
(a).
``(2) Consistent with section 1079a of this title, amounts
recovered in connection with any such civil monetary penalty imposed--
``(A) shall be credited to appropriations available as of the
time of the collection for expenses of the health care program of
the Department of Defense affected by the fraud and abuse for which
such penalty was imposed; and
``(B) may be used to support the administration of the program
authorized under subsection (a), including to support any
interagency agreements entered into under subsection (d).
``(c) Interagency Agreements.--The Secretary of Defense may enter
into agreements with the Secretary of Health and Human Services, the
Attorney General, or the heads of other Federal agencies, for the
effective and efficient implementation of the program authorized under
subsection (a).
``(d) Rule of Construction.--Joint administration of the program
authorized under subsection (a) may not be construed as limiting the
authority of the Inspector General of the Department of Defense under
any other provision of law.
``(e) Fraud and Abuse Defined.--In this section, the term `fraud
and abuse' means any conduct specified in subsection (a) or (b) of
section 1128A of the Social Security Act (42 U.S.C. 1320a-7a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1073e the following new item:
``1073f. Health care fraud and abuse prevention program.''.
SEC. 714. AUTHORITY OF SECRETARY OF DEFENSE AND SECRETARY OF
VETERANS AFFAIRS TO ENTER INTO AGREEMENTS FOR PLANNING, DESIGN,
AND CONSTRUCTION OF FACILITIES TO BE OPERATED AS SHARED MEDICAL
FACILITIES.
(a) Authority of Secretary of Defense.--
(1) In general.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1104 the following new section:
``Sec. 1104a. Shared medical facilities with Department of Veterans
Affairs
``(a) Agreements.--Secretary of Defense may enter into agreements
with the Secretary of Veterans Affairs for the planning, design, and
construction of facilities to be operated as shared medical facilities.
``(b) Transfer of Funds by Secretary of Defense.--(1) The Secretary
of Defense may transfer to the Secretary of Veterans Affairs amounts as
follows:
``(A) For the construction of a shared medical facility,
amounts not in excess of the amount authorized under subsection
(a)(2) of section 2805 of this title, if--
``(i) the amount of the share of the Department of Defense
for the estimated cost of the project does not exceed the
amount authorized under such subsection; and
``(ii) the other requirements of such section have been met
with respect to funds identified for transfer.
``(B) For the planning, design, and construction of space for a
shared medical facility, amounts appropriated for the Defense
Health Program.
``(2) The authority to transfer funds under this section is in
addition to any other authority to transfer funds available to the
Secretary of Defense.
``(3) Section 2215 of this title does not apply to a transfer of
funds under this subsection.
``(c) Transfer of Funds to Secretary of Defense.--(1) Any amount
transferred to the Secretary of Defense by the Secretary of Veterans
Affairs for necessary expenses for the planning, design, and
construction of a shared medical facility, if the amount of the share
of the Department of Defense for the cost of such project does not
exceed the amount specified in section 2805(a)(2) of this title, may be
credited to accounts of the Department of Defense available for the
construction of a shared medical facility.
``(2) Any amount transferred to the Secretary of Defense by the
Secretary of Veterans Affairs for the purpose of the planning and
design of space for a shared medical facility may be credited to
accounts of the Department of Defense available for such purposes, and
may be used for such purposes.
``(3) Using accounts credited with transfers from the Secretary of
Veterans Affairs under paragraph (1), the Secretary of Defense may
carry out unspecified minor military construction projects, if the
share of the Department of Defense for the cost of such project does
not exceed the amount specified in section 2805(a)(2) of this title.
``(d) Merger of Amounts Transferred.--Any amount transferred to the
Secretary of Veterans Affairs under subsection (b) and any amount
transferred to the Secretary of Defense under subsection (c) shall be
merged with and available for the same purposes and the same period as
the appropriation or fund to which transferred.
``(e) Appropriation in Advance.--Amounts may be transferred
pursuant to the authority under this section only to the extent and in
the amounts provided in advance in appropriations Acts.
``(f) Shared Medical Facility Defined.--In this section, the term
`shared medical facility'--
``(1) means a building or buildings, or a campus, intended to
be used by both the Department of Veterans Affairs and the
Department of Defense for the provision of health care services,
whether under the jurisdiction of the Secretary of Veterans Affairs
or the Secretary of Defense, and whether or not located on a
military installation or on real property under the jurisdiction of
the Secretary of Veterans Affairs; and
``(2) includes any necessary building and auxiliary structure,
garage, parking facility, mechanical equipment, abutting and
covered sidewalks, and accommodations for attending personnel.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 55 of such title is amended by inserting after the item
relating to section 1104 the following new item:
``1104a. Shared medical facilities with Department of Veterans
Affairs.''.
(b) Authority of Secretary of Veterans Affairs.--
(1) In general.--Chapter 81 of title 38, United States Code, is
amended by inserting after section 8111A the following new section:
``Sec. 8111B. Shared medical facilities with Department of Defense
``(a) Agreements.--The Secretary of Veterans Affairs may enter into
agreements with the Secretary of Defense for the planning, design, and
construction of facilities to be operated as shared medical facilities.
``(b) Transfer of Funds by Secretary of Veterans Affairs.--(1) The
Secretary of Veterans Affairs may transfer to the Department of Defense
amounts appropriated to the Department of Veterans Affairs for
`Construction, minor projects' for use for the planning, design, or
construction of a shared medical facility if the estimated share of the
project costs of the Department of Veterans Affairs does not exceed the
amount specified in section 8104(a)(3)(A) of this title.
``(2) The Secretary of Veterans Affairs may transfer to the
Department of Defense amounts appropriated to the Department of
Veterans Affairs for `Construction, major projects' for use for the
planning, design, or construction of a shared medical facility if--
``(A) the estimated share of the project costs of the
Department of Veterans Affairs exceeds the amount specified in
section 8104(a)(3)(A) of this title; and
``(B) the other requirements of section 8104 of this title have
been met with respect to amounts identified for transfer.
``(c) Transfer of Funds to Secretary of Veterans Affairs.--(1) Any
amount transferred to the Secretary of Veterans Affairs by the
Secretary of Defense for necessary expenses for the planning, design,
or construction of a shared medical facility, if the estimated share of
the project costs of the Department of Veterans Affairs does not exceed
the amount specified in section 8104(a)(3)(A) of this title, may be
credited to the `Construction, minor projects' account of the
Department of Veterans Affairs and used for the necessary expenses of
constructing such shared medical facility.
``(2) Any amount transferred to the Secretary of Veterans Affairs
by the Secretary of Defense for necessary expenses for the planning,
design, or construction of a shared medical facility, if the estimated
share of the project costs of the Department of Veterans Affairs
exceeds the amount specified in section 8104(a)(3)(A) of this title,
may be credited to the `Construction, major projects' account of the
Department of Veterans Affairs and used for the necessary expenses of
constructing such shared medical facility if the other requirements of
section 8104 of this title have been met with respect to amounts
identified for transfer.
``(d) Merger of Amounts Transferred.--Any amount transferred to the
Secretary of Defense under subsection (b) and any amount transferred to
the Secretary of Veterans Affairs under subsection (c) shall be merged
with and available for the same purposes and the same period as the
appropriation or fund to which transferred.
``(e) Appropriation in Advance.--Amounts may be transferred
pursuant to the authority under this section only to the extent and in
the amounts provided in advance in appropriations Acts.
``(f) Shared Medical Facility Defined.--In this section, the term
`shared medical facility'--
``(1) means a building or buildings, or a campus, intended to
be used by both the Department of Veterans Affairs and the
Department of Defense for the provision of health care services,
whether under the jurisdiction of the Secretary of Veterans Affairs
or the Secretary of Defense, and whether or not located on a
military installation or on real property under the jurisdiction of
the Secretary of Veterans Affairs; and
``(2) includes any necessary building and auxiliary structure,
garage, parking facility, mechanical equipment, abutting and
covered sidewalks, and accommodations for attending personnel.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter I of chapter 81 of such title is amended by inserting
after the item relating to section 8111A the following new item:
``8111B. Shared medical facilities with Department of Defense.''.
SEC. 715. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND.
Section 1704(e) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as most recently
amended by section 743 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
amended by striking ``September 30, 2022'' and inserting ``September
30, 2023''.
SEC. 716. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO TRACK
AND RECORD INFORMATION ON VACCINE ADMINISTRATION.
(a) Establishment of System.--Section 1110 of title 10, United
States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections (b)
and (c), respectively; and
(2) by inserting after the heading the following new
subsection:
``(a) Overall System to Track and Record Vaccine Information.--(1)
The Secretary of Defense, in consultation with the Director of the
Defense Health Agency and in coordination with the Secretaries of the
military departments, shall establish a system to track and record the
following information:
``(A) Each vaccine administered by a health care provider of
the Department of Defense to a member of an armed force under the
jurisdiction of the Secretary of a military department.
``(B) Any adverse reaction of the member related to such
vaccine.
``(C) Each refusal by such a member of any vaccine that is
being so administered, including vaccines licensed by the Food and
Drug Administration under section 351 of the Public Health Service
Act (42 U.S.C. 262) and vaccines otherwise approved or authorized.
``(D) Each refusal by such a member of a vaccine on the basis
that the vaccine is being administered by a health care provider of
the Department pursuant to an emergency use authorization granted
by the Commissioner of Food and Drugs under section 564 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
``(E) Each refusal by such a member of an investigational new
drug or a drug unapproved for its applied use that is being
administered pursuant to a request or requirement of the Secretary
of Defense and with respect to which the President has granted a
waiver of the prior consent requirement pursuant to section
1107(f)(1) of this title.
``(2) In carrying out paragraph (1), the Secretary of Defense shall
ensure that--
``(A) any electronic health record maintained by the Secretary
for a member of an armed force under the jurisdiction of the
Secretary of a military department is updated with the information
specified in such paragraph with respect to the member;
``(B) any collection, storage, or use of such information is
conducted through means involving such cyber protections as the
Secretary determines necessary to safeguard the personal
information of the member; and
``(C) the system established under such paragraph is
interoperable and compatible with the electronic health record
system known as `MHS GENESIS', or such successor system.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in the heading, by striking ``Anthrax vaccine immunization
program; procedures for exemptions and monitoring reactions'' and
inserting ``System for tracking and recording vaccine information;
anthrax vaccine immunization program'';
(2) in subsection (b), as redesignated by subsection (a)(1)--
(A) in the heading, by inserting ``From Anthrax Vaccine
Immunization Program'' after ``Exemptions'' ; and
(B) by striking ``Secretary of Defense'' and inserting
``Secretary''; and
(3) in the heading of subsection (c), as redesignated by
subsection (a)(1), by inserting ``to Anthrax Vaccine'' after
``Reactions''.
(c) Clerical Amendment.--The table of sections for chapter 55 of
title 10, United States Code, is amended by striking the item relating
to section 1110 and inserting the following new item:
``1110. System for tracking and recording vaccine information; anthrax
vaccine immunization program.''.
(d) Deadline for Establishment of System.--The Secretary of Defense
shall establish the system under section 1110 of title 10, United
States Code, as added by subsection (a), by not later than January 1,
2023.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the administration of vaccines to members of the
Armed Forces under the jurisdiction of the Secretary of a military
department and on the status of establishing the system under section
1110(a) of title 10, United States Code (as added by subsection (a)).
Such report shall include information on the following:
(1) The process by which such members receive vaccines, and the
process by which the Secretary tracks, records, and reports on,
vaccines received by such members (including with respect to any
transfers by a non-Department provider to the Department of
vaccination records or other medical information of the member
related to the administration of vaccines by the non-Department
provider).
(2) The storage of information related to the administration of
vaccines in the electronic health records of such members, and the
cyber protections involved in such storage, as required under such
section 1110(a)(2) of title 10, United States Code.
(3) The general process by which medical information of
beneficiaries under the TRICARE program is collected, tracked, and
recorded, including the process by which medical information from
providers contracted by the Department or from a State or local
department of health is transferred to the Department and
associated with records maintained by the Secretary.
(4) Any gaps or challenges relating to the vaccine
administration process of the Department and any legislative or
budgetary recommendations to address such gaps or challenges.
(f) Definitions.--In this section:
(1) The term ``military departments'' has the meaning given
such term in section 101 of title 10, United States Code.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of such title.
SEC. 717. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND MENTAL
HEALTH ASSESSMENT FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS.
Section 1145(a)(5) of title 10, United States Code is amended--
(1) in subparagraph (A), by striking ``The Secretary'' and
inserting ``Except as provided in subparagraph (D), the
Secretary''; and
(2) by adding at the end the following new subparagraph:
``(D) The requirement for a physical examination and mental health
assessment under subparagraph (A) shall not apply with respect to a
member of a reserve component described in paragraph (2)(B) unless the
member is retiring, or being discharged or dismissed, from the armed
forces.''.
SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES TO CERTAIN FEDERAL
EMPLOYEES.
Section 2114(h) of title 10, United States Code, is amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(1) The Secretary of Defense, in coordination with the Secretary
of Health and Human Services and the Secretary of Veterans
Affairs,''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A covered employee whose employment or service with the
Department of Veterans Affairs, Public Health Service, or Coast Guard
(as applicable) is in a position relevant to national security or
health sciences may receive instruction at the University within the
scope of such employment or service.
``(B) If a covered employee receives instruction at the University
pursuant to subparagraph (A), the head of the Federal agency concerned
shall reimburse the University for the cost of providing such
instruction to the covered employee. Amounts received by the University
under this subparagraph shall be retained by the University to defray
the costs of such instruction.
``(C) Notwithstanding subsections (b) through (e) and subsection
(i), the head of the Federal agency concerned shall determine the
service obligations of the covered employee receiving instruction at
the University pursuant to subparagraph (A) in accordance with
applicable law.
``(D) In this paragraph--
``(i) the term `covered employee' means an employee of the
Department of Veterans Affairs, a civilian employee of the Public
Health Service, a member of the commissioned corps of the Public
Health Service, a member of the Coast Guard, or a civilian employee
of the Coast Guard; and
``(ii) the term `head of the Federal agency concerned' means
the head of the Federal agency that employs, or has jurisdiction
over the uniformed service of, a covered employee permitted to
receive instruction at the University under subparagraph (A) in the
relevant position described in such subparagraph.''.
SEC. 719. REMOVAL OF REQUIREMENT FOR ONE YEAR OF PARTICIPATION IN
CERTAIN MEDICAL AND LIFESTYLE INCENTIVE PROGRAMS OF THE
DEPARTMENT OF DEFENSE TO RECEIVE BENEFITS UNDER SUCH PROGRAMS.
Section 729 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a)(1), by striking ``in the previous year'';
(2) in subsection (b), by striking ``in the previous year'';
and
(3) in subsection (c), by striking ``in the previous year''.
SEC. 720. DEPARTMENT OF DEFENSE STANDARDS FOR EXEMPTIONS FROM
MANDATORY COVID-19 VACCINES.
(a) Standards.--The Secretary of Defense shall establish uniform
standards under which covered members may be exempted from receiving an
otherwise mandated COVID-19 vaccine for administrative, medical, or
religious reasons.
(b) Definitions.--In this section:
(1) The term ``covered member'' means a member of an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ``COVID-19 vaccine'' means any vaccine for the
coronavirus disease 2019 (COVID-19), including any subsequent
booster shot for COVID-19.
SEC. 721. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR ENHANCED
TREATMENT OF OCULAR INJURIES.
(a) In General.--Not later than October 1, 2023, the Secretary of
Defense, acting through the Director of the Defense Health Agency,
shall establish within the Defense Health Agency not fewer than four
regional centers of excellence for the enhanced treatment of--
(1) ocular wounds or injuries; and
(2) vision dysfunction related to traumatic brain injury.
(b) Location of Centers.--Each center of excellence established
under subsection (a) shall be located at a military medical center that
provides graduate medical education in ophthalmology and related
subspecialties and shall be the primary center for providing
specialized medical services for vision for members of the Armed Forces
in the region in which the center of excellence is located.
(c) Policies for Referral of Beneficiaries.--Not later than October
1, 2023, the Director of the Defense Health Agency shall publish on a
publicly available internet website of the Department of Defense
policies for the referral of eligible beneficiaries of the Department
to centers of excellence established under subsection (a) for
evaluation and treatment.
(d) Identification of Medical Personnel Billets and Staffing.--The
Secretary of each military department, in conjunction with the Joint
Staff Surgeon and the Director of the Defense Health Agency, shall
identify specific medical personnel billets essential for the
evaluation and treatment of ocular sensory injuries and ensure that
centers of excellence established under subsection (a) are staffed with
such personnel at the level required for the enduring medical support
of each such center.
(e) Briefing.--Not later than December 31, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing that--
(1) describes the establishment of each center of excellence
established under subsection (a), to include the location,
capability, and capacity of each such center;
(2) describes the referral policy published by the Defense
Health Agency under subsection (c);
(3) identifies the medical personnel billets identified under
subsection (d); and
(4) provides a plan for the staffing of personnel at such
centers to ensure the enduring medical support of each such center.
(f) Military Medical Center Defined.--In this section, the term
``military medical center'' means a medical center described in section
1073d(b) of title 10, United States Code.
SEC. 722. IMPLEMENTATION OF INTEGRATED PRODUCT FOR MANAGEMENT OF
POPULATION HEALTH ACROSS MILITARY HEALTH SYSTEM.
(a) Integrated Product.--The Secretary of Defense shall develop and
implement an integrated product for the management of population health
across the military health system. Such integrated product shall serve
as a repository for the health care, demographic, and other relevant
data of all covered beneficiaries, including with respect to data on
health care services furnished to such beneficiaries through the
purchased care and direct care components of the TRICARE program, and
shall--
(1) be compatible with the electronic health record system
maintained by the Secretary for members of the Armed Forces;
(2) enable the collection and stratification of data from
multiple sources to measure population health goals, facilitate
disease management programs of the Department, improve patient
education, and integrate wellness services across the military
health system; and
(3) enable predictive modeling to improve health outcomes for
patients and to facilitate the identification and correction of
medical errors in the treatment of patients, issues regarding the
quality of health care services provided, and gaps in health care
coverage.
(b) Considerations in Development.--In developing the integrated
product under subsection (a), the Secretary shall harmonize such
development with any policies of the Department relating to a digital
health strategy (including the digital health strategy under section
723), coordinate with improvements to the electronic health record
system specified in subsection (a)(1) to ensure the compatibility
required under such subsection, and consider methods to improve
beneficiary interface.
(c) Definitions.--In this section:
(1) The terms ``covered beneficiary'' and ``TRICARE program''
have the meanings given such terms in section 1072 of title 10,
United States Code.
(2) The term ``integrated product'' means an electronic system
of systems (or solutions or products) that provides for the
integration and sharing of data to meet the needs of an end user in
a timely and cost-effective manner.
SEC. 723. DIGITAL HEALTH STRATEGY OF DEPARTMENT OF DEFENSE.
(a) Digital Health Strategy.--
(1) Strategy.--Not later than April 1, 2022, the Secretary of
Defense shall develop a digital health strategy of the Department
of Defense to incorporate new and emerging technologies and methods
(including three-dimensional printing, virtual reality, wearable
devices, big data and predictive analytics, distributed ledger
technologies, and other innovative methods that leverage new or
emerging technologies) in the provision of clinical care within the
military health system.
(2) Elements.--The strategy under paragraph (1) shall address,
with respect to future use within the military health system, the
following:
(A) Emerging technology to improve the delivery of clinical
care and health services.
(B) Emerging technology to improve the patient experience
in matters relating to medical case management, appointing, and
referrals in both the direct care and purchased care components
of the TRICARE program, as such term is defined in section 1072
of title 10, United States Code.
(C) Design thinking to improve the delivery of clinical
care and health services.
(D) Advanced clinical decision support systems.
(E) Simulation technologies for clinical training
(including through simulation immersive training) and clinical
education, and for the training of health care personnel in the
adoption of emerging technologies for clinical care delivery.
(F) Wearable devices.
(G) Three-dimensional printing and related technologies.
(H) Data-driven decision making, including through the use
of big data and predictive analytics, in the delivery of
clinical care and health services.
(b) Briefing.--Not later than July 1, 2022, the Secretary shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing setting forth--
(1) the strategy under subsection (a); and
(2) a plan to implement such strategy, including the estimated
timeline and cost for such implementation.
SEC. 724. DEVELOPMENT AND UPDATE OF CERTAIN POLICIES RELATING TO
MILITARY HEALTH SYSTEM AND INTEGRATED MEDICAL OPERATIONS.
(a) In General.--By not later than October 1, 2022, the Secretary
of Defense, in coordination with the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, shall
develop and update certain policies relating to the military health
system and integrated medical operations of the Department of Defense
as follows:
(1) Updated plan on integrated medical operations in
continental united states.--The Secretary of Defense shall develop
an updated plan on integrated medical operations in the continental
United States and update the Department of Defense Instruction
6010.22, titled ``National Disaster Medical System (NDMS)'' (or
such successor instruction) accordingly. Such updated plan shall--
(A) be informed by the operational plans of the combatant
commands and by the joint medical estimate under section 732 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817);
(B) include an updated bed plan, to include bed space
available through the military health system and through
hospitals participating in the National Disaster Medical System
established pursuant to section 2812 of the Public Health
Service Act (42 U.S.C. 300hh-11);
(C) include a determination as to whether combat casualties
should receive medical care under the direct care or purchased
care component of the military health system and a risk
analysis in support of such determination;
(D) identify the manning levels required to furnish medical
care under the updated plan, including with respect to the
levels of military personnel, civilian employees of the
Department, and contractors of the Department; and
(E) include a cost estimate for the furnishment of such
medical care.
(2) Updated plan on global patient movement.--The Secretary of
Defense shall develop an updated plan on global patient movement
and update the Department of Defense Instruction 5154.06, relating
to medical military treatment facilities and patient movement (or
such successor instruction) accordingly. Such updated plan shall--
(A) be informed by the operational plans of the combatant
commands and by the joint medical estimate under section 732 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817);
(B) include a risk assessment with respect to patient
movement compared against overall operational plans;
(C) include a description of any capabilities-based
assessment of the Department that informed the updated plan or
that was in progress during the time period in which the
updated plan was developed;
(D) identify the manning levels, equipment and consumables,
and funding levels, required to carry out the updated plan; and
(E) address airlift capability, medical evacuation
capability, and access to ports of embarkation.
(3) Assessment of biosurveillance and medical research
capabilities.--The Secretary of Defense shall conduct an assessment
of the biosurveillance and medical research capabilities of the
Department of Defense. Such assessment shall include the following:
(A) An identification of the location and strategic value
of the overseas medical laboratories and overseas medical
research programs of the Department.
(B) An assessment of the current capabilities of such
laboratories and programs with respect to force health
protection and evidence-based medical research.
(C) A determination as to whether such laboratories and
programs have the capabilities, including as a result of the
geographic location of such laboratories and programs, to
provide force health protection and evidence-based medical
research, including by actively monitoring for future
pandemics, infectious diseases, and other potential health
threats to members of the Armed Forces.
(D) The current biosurveillance and medical research
capabilities of the Department.
(E) The current manning levels of the biosurveillance and
medical research entities of the Department, including an
assessment of whether such entities are manned at a level
necessary to support the missions of the combatant commands
(including with respect to missions related to pandemic
influenza or homeland defense).
(F) The current funding levels of such entities, including
a risk assessment as to whether such funding is sufficient to
sustain the manning levels necessary to support missions as
specified in subparagraph (E).
(b) Interim Briefing.--Not later than April 1, 2022, the Secretary
of Defense, in coordination with the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate an interim briefing on the progress of
implementation of the plans and assessment required under subsection
(a).
(c) Report.--Not later than December 1, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report describing each updated plan
and assessment required under subsection (a).
SEC. 725. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS.
The Secretary of Defense shall provide to each medical provider of
the Department of Defense mandatory training with respect to the
potential health effects of burn pits.
SEC. 726. STANDARDIZATION OF DEFINITIONS USED BY THE DEPARTMENT OF
DEFENSE FOR TERMS RELATED TO SUICIDE.
(a) Standardization of Definitions.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments, shall
develop standardized definitions for the following terms:
(1) ``Suicide''.
(2) ``Suicide attempt''.
(3) ``Suicidal ideation''.
(b) Required Use of Standardized Definitions.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
issue policy guidance requiring the exclusive and uniform use across
the Department of Defense and within each military department of the
standardized definitions developed under subsection (a) for the terms
specified in such subsection.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing that sets forth the standardized definitions developed under
subsection (a) and includes--
(1) a description of the process that was used to develop such
definitions;
(2) a description of the methods by which data shall be
collected on suicide, suicide attempts, and suicidal ideations (as
those terms are defined pursuant to such definitions) in a
standardized format across the Department and within each military
department; and
(3) an implementation plan to ensure the use of such
definitions as required pursuant to subsection (b).
Subtitle C--Reports and Other Matters
SEC. 731. MODIFICATIONS AND REPORTS RELATED TO MILITARY MEDICAL
MANNING AND MEDICAL BILLETS.
(a) Military Medical Manning and Medical Billets.--
(1) Modifications to limitation on reduction or realignment.--
Section 719 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1454), as amended by
section 717 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
further amended--
(A) in subsection (a), by striking ``180 days following the
date of the enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021'' and
inserting ``the year following the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2022''; and
(B) in subsection (b)(1), by inserting ``, including any
billet validation requirements determined pursuant to estimates
provided in the joint medical estimate under section 732 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232),'' after ``requirements of the
military department of the Secretary''.
(2) GAO report on reduction or realignment of military medical
manning and medical billets.--
(A) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report on the
analyses used to support any reduction or realignment of
military medical manning, including any reduction or
realignment of medical billets of the military departments.
(B) Elements.--The report under subparagraph (A) shall
include the following:
(i) An analysis of the use of the joint medical
estimate under section 732 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1817) and wartime scenarios to determine
military medical manpower requirements, including with
respect to pandemic influenza and homeland defense
missions.
(ii) An assessment of whether the Secretaries of the
military departments have used the processes under section
719(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1454) to ensure
that a sufficient combination of skills, specialties, and
occupations are validated and filled prior to the transfer
of any medical billets of a military department to fill
other military medical manpower needs.
(iii) An assessment of the effect of the reduction or
realignment of such billets on local health care networks
and whether the Director of the Defense Health Agency has
conducted such an assessment in coordination with the
Secretaries of the military departments.
(b) Assignment of Medical and Dental Personnel of the Military
Departments to Military Medical Treatment Facilities.--
(1) Deadline for assignment.--The Secretaries of the military
departments shall ensure that the Surgeons General of the Armed
Forces carry out fully the requirements of section 712(b)(3) of the
John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 1073c note) by not later than
September 30, 2022.
(2) Additional requirement for walter reed national military
medical center.--
(A) Assignment of military personnel.--For fiscal years
2023 through 2027, except as provided in subparagraph (B), the
Secretary of Defense shall ensure that the Secretaries of the
military departments assign to the Walter Reed National
Military Medical Center sufficient military personnel to meet
not less than 85 percent of the joint table of distribution in
effect for such facility on December 23, 2016.
(B) Exception.--Subparagraph (A) shall not apply to any
fiscal year for which the Secretary of Defense certifies at the
beginning of such fiscal year to the Committees on Armed
Services of the Senate and the House of Representatives that
notwithstanding the failure to meet the requirement under such
paragraph, the Walter Reed National Military Medical Center is
fully capable of carrying out all significant activities as the
premier medical center of the military health system.
(3) Reports.--
(A) In general.--Not later than September 30, 2022, each
Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the compliance of the military
department concerned with this subsection. Each such report
shall include--
(i) an accounting of the number of uniformed personnel
and civilian personnel assigned to a military medical
treatment facility as of October 1, 2019; and
(ii) a comparable accounting as of September 30, 2022.
(B) Explanation.--If the number specified in clause (ii) of
subparagraph (A) is less than the number specified in clause
(i) of such subparagraph, the Secretary concerned shall provide
a full explanation for the reduction.
SEC. 732. ACCESS BY UNITED STATES GOVERNMENT EMPLOYEES AND THEIR
FAMILY MEMBERS TO CERTAIN FACILITIES OF DEPARTMENT OF DEFENSE FOR
ASSESSMENT AND TREATMENT OF ANOMALOUS HEALTH CONDITIONS.
(a) Assessment.--The Secretary of Defense shall provide to
employees of the United States Government and their family members who
the Secretary determines are experiencing symptoms of certain anomalous
health conditions, as defined by the Secretary for purposes of this
section, timely access for medical assessment, subject to space
availability, to the National Intrepid Center of Excellence, an
Intrepid Spirit Center, or an appropriate military medical treatment
facility, as determined by the Secretary.
(b) Treatment.--With respect to an individual described in
subsection (a) diagnosed with an anomalous health condition or a
related affliction, whether diagnosed under an assessment under
subsection (a) or otherwise, the Secretary of Defense shall furnish to
the individual treatment for the condition or affliction, subject to
space availability, at the National Intrepid Center of Excellence, an
Intrepid Spirit Center, or an appropriate military medical treatment
facility, as determined by the Secretary.
(c) Development of Process.--The Secretary of Defense, in
consultation with the heads of such Federal agencies as the Secretary
considers appropriate, shall develop a process to ensure that employees
from those agencies and their family members are afforded timely access
to the National Intrepid Center of Excellence, an Intrepid Spirit
Center, or an appropriate military medical treatment facility pursuant
to subsection (a) by not later than 60 days after the date of the
enactment of this Act.
(d) Modification of Department of Defense Trauma Registry.--The
Secretary of Defense shall modify the Trauma Registry of the Department
of Defense to include data on the demographics, condition-producing
event, diagnosis and treatment, and outcomes of anomalous health
conditions experienced by employees of the United States Government and
their family members assessed or treated under this section, subject to
an agreement by the employing agency and the consent of the employee.
SEC. 733. PILOT PROGRAM ON CARDIAC SCREENING AT CERTAIN MILITARY
SERVICE ACADEMIES.
(a) Pilot Program.--The Secretary of Defense shall establish a
pilot program to furnish mandatory electrocardiograms to individuals
who have been admitted to a covered military service academy in
connection with the military accession screening process, at no cost to
such candidates.
(b) Scope.--The scope of the pilot program under subsection (a)
shall include at least 25 percent of the incoming class of individuals
who have been admitted to a covered military service academy during the
first fall semester that follows the date of the enactment of this Act,
and the pilot program shall terminate on the date on which the
Secretary determines the military accession screening process for such
class has concluded.
(c) Furnishing of Electrocardiograms.--In carrying out the pilot
program under subsection (a), the Secretary shall furnish each
mandatory electrocardiogram under the pilot program in a facility of
the Department of Defense or by medical personnel within the military
health system.
(d) Briefing.--Not later than 180 days after the date on which the
pilot program under subsection (a) terminates, the Secretary shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the pilot program. Such briefing shall
include the following:
(1) The results of all electrocardiograms furnished to
individuals under the pilot program, disaggregated by military
service academy, race, and gender.
(2) The rate of significant cardiac issues detected pursuant to
electrocardiograms furnished under the pilot program, disaggregated
by military service academy, race, and gender.
(3) The cost of carrying out the pilot program.
(4) The number of individuals, if any, who were disqualified
from admission based solely on the result of an electrocardiogram
furnished under the pilot program.
(e) Covered Military Service Academy Defined.--In this section, the
term ``covered military service academy'' does not include the United
States Coast Guard Academy or the United States Merchant Marine
Academy.
SEC. 734. PILOT PROGRAM ON ASSISTANCE FOR MENTAL HEALTH APPOINTMENT
SCHEDULING AT MILITARY MEDICAL TREATMENT FACILITIES.
(a) Pilot Program.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall commence a pilot
program, to be carried out for at least a one-year period, to provide
direct assistance for mental health appointment scheduling under the
direct care and purchased care components of the TRICARE program,
through facilities and clinics selected by the Secretary for
participation in the pilot program in a number determined by the
Secretary.
(b) Briefings.--
(1) First briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives and
the Senate a briefing on the nature of the pilot program under
subsection (a).
(2) Final briefing.--Not later than 90 days after the date on
which the pilot program under subsection (a) terminates, the
Secretary shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the pilot
program. Such briefing shall include an assessment of--
(A) the effectiveness of the pilot program with respect to
improved access to mental health appointments; and
(B) any barriers to scheduling mental health appointments
under the pilot program observed by health care professionals
or other individuals involved in scheduling such appointments.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072 of title 10,
United States Code.
SEC. 735. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN RESEARCH
CONNECTED TO CHINA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022 for the
Department of Defense may be obligated or expended to fund any work to
be performed by EcoHealth Alliance, Inc. in China on research supported
by the government of China.
(b) Waiver.--The Secretary of Defense may waive the prohibition
under subsection (a) if the Secretary--
(1) determines that the waiver is in the national security
interests of the United States; and
(2) not later than 14 days after granting the waiver, submits
to the congressional defense committees a detailed justification
for the waiver, including--
(A) an identification of the Department of Defense entity
obligating or expending the funds;
(B) an identification of the amount of such funds;
(C) an identification of the intended purpose of such
funds;
(D) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(E) an explanation for how the waiver is in the national
security interests of the United States; and
(F) any other information the Secretary determines
appropriate.
SEC. 736. LIMITATION ON CERTAIN DISCHARGES SOLELY ON THE BASIS OF
FAILURE TO OBEY LAWFUL ORDER TO RECEIVE COVID-19 VACCINE.
(a) Limitation.--During the period of time beginning on August 24,
2021, and ending on the date that is two years after the date of the
enactment of this Act, any administrative discharge of a covered
member, on the sole basis that the covered member failed to obey a
lawful order to receive a vaccine for COVID-19, shall be--
(1) an honorable discharge; or
(2) a general discharge under honorable conditions.
(b) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments''
have the meanings given such terms in section 101 of title 10,
United States Code.
(2) The term ``covered member'' means a member of an Armed
Force under the jurisdiction of the Secretary of a military
department.
SEC. 737. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine (in this section referred to as the
``National Academies'') for the National Academies to carry out the
activities described in subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days after
the date of the enactment of this Act.
(b) Analysis by the National Academies.--
(1) Analysis.--Under an agreement between the Secretary and the
National Academies entered into pursuant to subsection (a), the
National Academies shall conduct an analysis of the effectiveness
of the Department of Defense Comprehensive Autism Care
Demonstration program (in this section referred to as the
``demonstration program'') and develop recommendations for the
Secretary based on such analysis.
(2) Elements.--The analysis conducted and recommendations
developed under paragraph (1) shall include the following:
(A) An assessment of all methods used to assist in the
assessment of domains related to autism spectrum disorder,
including a determination as to whether the Secretary is
applying such methods appropriately under the demonstration
project.
(B) An assessment of the methods used under the
demonstration project to measure the effectiveness of applied
behavior analysis in the treatment of autism spectrum disorder.
(C) A review of any guidelines or industry standards of
care adhered to in the provision of applied behavior analysis
services under the demonstration program, including a review of
the effects of such adherence with respect to dose-response or
health outcomes for an individual who has received such
services.
(D) A review of the health outcomes for an individual who
has received applied behavior analysis treatments over time.
(E) An analysis of the increased utilization of the
demonstration program by beneficiaries under the TRICARE
program, to improve understanding of such utilization.
(F) Such other analyses to measure the effectiveness of the
demonstration program as may be determined appropriate by the
National Academies.
(G) An analysis on whether the incidence of autism is
higher among the children of military families.
(H) The development of a list of recommendations related to
the measurement, effectiveness, and increased understanding of
the demonstration program and its effect on beneficiaries under
the TRICARE program.
(c) Report.--Under an agreement entered into between the Secretary
and the National Academies under subsection (a), the National
Academies, not later than nine months after the date of the execution
of the agreement, shall--
(1) submit to the congressional defense committees a report on
the findings of the National Academies with respect to the analysis
conducted and recommendations developed under subsection (b); and
(2) make such report available on a public website in
unclassified form.
SEC. 738. INDEPENDENT REVIEW OF SUICIDE PREVENTION AND RESPONSE AT
MILITARY INSTALLATIONS.
(a) Establishment of Committee.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish an independent suicide prevention and response review
committee.
(b) Membership.--The committee established under subsection (a)
shall be composed of not fewer than five individuals--
(1) designated by the Secretary;
(2) with expertise determined to be relevant by the Secretary,
including at least one individual who is an experienced provider of
mental health services; and
(3) none of whom may be a member of an Armed Force or a
civilian employee of the Department of Defense.
(c) Selection of Military Installations.--
(1) In general.--The Secretary shall select, for review by the
committee established under subsection (a), at least one military
installation under the jurisdiction of each military department.
(2) Inclusion of remote installation.--The Secretary shall
ensure that, of the total military installations selected for
review under paragraph (1), at least one such installation is a
remote installation of the Department of Defense located outside
the contiguous United States.
(d) Duties.--The committee established under subsection (a) shall
review the suicide prevention and response programs and other factors
that may contribute to the incidence or prevention of suicide at the
military installations selected for review pursuant to subsection (c).
Such review shall be conducted through means including--
(1) a confidential survey;
(2) focus groups; and
(3) individual interviews.
(e) Coordination.--In carrying out this section, the Secretary
shall ensure that the Director of the Office of People Analytics of the
Department of Defense and the Director of the Office of Force
Resiliency of the Department of Defense coordinate and cooperate with
the committee established under subsection (a).
(f) Reports.--
(1) Report to secretary.--Not later than 270 days after the
date of the establishment of the committee under subsection (a),
the committee shall submit to the Secretary a report containing the
results of the reviews conducted by the committee and
recommendations of the committee to reduce the incidence of suicide
at the military installations reviewed.
(2) Report to congress.--Not later than 330 days after the date
of the establishment of the committee under subsection (a), the
committee shall submit to the Committees on Armed Services of the
House of Representatives and the Senate the report under paragraph
(1).
(g) Termination.--The committee established under subsection (a)
shall terminate on a date designated by the Secretary as the date on
which the work of the committee has been completed.
(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the committee established under
subsection (a).
SEC. 739. FEASIBILITY AND ADVISABILITY STUDY ON ESTABLISHMENT OF
AEROMEDICAL SQUADRON AT JOINT BASE PEARL HARBOR-HICKAM.
(a) Study.--Not later than April 1, 2022, the Secretary of Defense,
in consultation with the Chief of the National Guard Bureau and the
Director of the Air National Guard, shall complete a study on the
feasibility and advisability of establishing at Joint Base Pearl
Harbor-Hickam an aeromedical squadron of the Air National Guard in
Hawaii to support the aeromedical mission needs of the United States
Indo-Pacific Command.
(b) Elements.--The study under subsection (a) shall assess the
following:
(1) The manpower required for the establishment of an
aeromedical squadron of the Air National Guard in Hawaii as
specified in subsection (a).
(2) The overall cost of such establishment.
(3) The length of time required for such establishment.
(4) The mission requirements for such establishment.
(5) Such other matters as may be determined relevant by the
Secretary.
(c) Briefing.--Not later than April 1, 2022, the Secretary shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the findings of the
feasibility and advisability study under subsection (a), including with
respect to each element specified in subsection (b).
SEC. 740. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS OF THE
ARMED FORCES SERVING ON ACTIVE DUTY.
(a) Study.--The Secretary of Defense shall conduct a study on the
incidence of breast cancer among members of the Armed Forces serving on
active duty.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A determination of the number of members of the Armed
Forces who served on active duty at any time during the period
beginning on January 1, 2011, and ending on the date of the
enactment of this Act who were diagnosed with breast cancer during
such period.
(2) A determination of demographic information regarding such
members, including race, ethnicity, sex, age, military occupational
specialty, and rank.
(3) A comparison of the rates of members of the Armed Forces
serving on active duty who have breast cancer to civilian
populations with comparable demographic characteristics.
(4) An identification of potential factors associated with
service in the Armed Forces that could increase the risk of breast
cancer for members of the Armed Forces serving on active duty.
(5) To the extent the data are available, an identification of
overseas locations associated with airborne hazards, such as burn
pits, and members of the Armed Forces diagnosed with breast cancer
who served on active duty in such locations.
(6) An assessment of the effectiveness of outreach by the
Department of Defense to members of the Armed Forces to identify
risks of, prevent, detect, and treat breast cancer.
(7) An assessment of the feasibility and advisability of
changing the current mammography screening policy of the Department
to incorporate all members of the Armed Forces who deployed
overseas to an area associated with airborne hazards, such as burn
pits.
(8) An assessment of the feasibility and advisability of
conducting digital breast tomosynthesis at facilities of the
Department that provide mammography services.
(9) Such recommendations as the Secretary may have for changes
to policy or law that could improve the prevention, early
detection, awareness, and treatment of breast cancer among members
of the Armed Forces serving on active duty, including any
additional resources needed.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the findings and recommendations of the
study under subsection (a), including a description of any further
unique military research needed with respect to breast cancer.
SEC. 741. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL EXPOSURE
RECORD PROGRAM.
(a) Studies and Reports Required.--Not later than December 31,
2023, and once every two years thereafter until December 31, 2030, the
Comptroller General of the United States shall--
(1) conduct a study on the implementation and effectiveness of
the Individual Longitudinal Exposure Record program of the
Department of Defense and the Department of Veterans Affairs; and
(2) submit to the appropriate congressional committees a report
containing the findings of the most recently conducted study.
(b) Elements.--The biennial studies under subsection (a) shall
include an assessment of elements as follows:
(1) Initial study.--The initial study conducted under
subsection (a) shall assess, at a minimum, the following:
(A) Statistics relating to use of the Individual
Longitudinal Exposure Record program, including the total
number of individuals the records of whom are contained therein
and the total number of records accessible under the program.
(B) Costs associated with the program, including any cost
overruns associated with the program.
(C) The capacity to expand the program to include the
medical records of veterans who served prior to the
establishment of the program.
(D) Any illness recently identified as relating to a toxic
exposure (or any guidance relating to such an illness recently
issued) by either the Secretary of Defense or the Secretary of
Veterans Affairs, including any such illness or guidance that
relates to open burn pit exposure.
(E) How the program has enabled (or failed to enable) the
discovery, notification, and medical care of individuals
affected by an illness described in subparagraph (D).
(F) Physician and patient feedback on the program,
particularly feedback that relates to ease of use.
(G) Cybersecurity and privacy protections of patient data
stored under the program, including whether any classified or
restricted data has been stored under the program (such as data
relating to deployment locations or duty stations).
(H) Any technical or logistical impediments to the
implementation or expansion of the program, including any
impediments to the inclusion in the program of databases or
materials originally intended to be included.
(I) Any issues relating to read-only access to data under
the program by veterans.
(J) Any issues relating to the interoperability of the
program between the Department of Defense and the Department of
Veterans Affairs.
(2) Subsequent studies.--Except as provided in paragraph (3),
each study conducted under subsection (a) following the initial
study specified in paragraph (1) shall assess--
(A) statistics relating to use of the Individual
Longitudinal Exposure Record program, including the total
number of individuals the records of whom are contained therein
and the total number of records accessible under the program;
and
(B) such other elements as the Comptroller General
determines appropriate, which may include any other element
specified in paragraph (1).
(3) Final study.--The final study conducted under subsection
(a) shall assess--
(A) the elements specified in subparagraphs (A), (B), (D),
(E), (F), and (H) of paragraph (1); and
(B) such other elements as the Comptroller General
determines appropriate, which may include any other element
specified in paragraph (1).
(c) Access by Comptroller General.--
(1) Information and materials.--Upon request of the Comptroller
General, the Secretary of Defense and the Secretary of Veterans
Affairs shall make available to the Comptroller General any
information or other materials necessary for the conduct of each
biennial study under subsection (a).
(2) Interviews.--In addition to such other authorities as are
available, the Comptroller General shall have the right to
interview officials and employees of the Department of Defense and
the Department of Veterans Affairs (including clinicians, claims
adjudicators, and researchers) as necessary for the conduct of each
biennial study under subsection (a).
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense; and
(B) the Secretary of Veterans Affairs, with respect to
matters concerning the Department of Veterans Affairs.
SEC. 742. COMPTROLLER GENERAL STUDY ON IMPLEMENTATION BY DEPARTMENT
OF DEFENSE OF RECENT STATUTORY REQUIREMENTS TO REFORM THE
MILITARY HEALTH SYSTEM.
(a) Study.--
(1) In general.--The Comptroller General of the United States
shall conduct a study on the implementation by the Department of
Defense of statutory requirements to reform the military health
system contained in a covered Act.
(2) Elements.--The study required by paragraph (1) shall
include the following elements:
(A) A compilation of a list of, and citation for, each
statutory requirement on reform of the military health system
contained in a covered Act.
(B) An assessment of the extent to which such requirement
was implemented, or is currently being implemented.
(C) An evaluation of the actions taken by the Department of
Defense to assess and determine the effectiveness of actions
taken pursuant to such requirement.
(D) Such other matters in connection with the
implementation of such requirement as the Comptroller General
considers appropriate.
(b) Briefing and Report.--
(1) Briefing.--Not later than May 1, 2022, the Comptroller
General shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the status of the study
conducted under subsection (a).
(2) Report.--Not later than May 1, 2023, the Comptroller
General shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the study
conducted under subsection (a) that includes the elements specified
in paragraph (2) of such subsection.
(c) Covered Act Defined.--In this section, the term ``covered Act''
means any of the following:
(1) The William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) The National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(3) The John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
(4) The National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91).
(5) The National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).
(6) The National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
(7) The Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291).
(8) The National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66).
(9) The National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239).
(10) The National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81).
SEC. 743. STUDY TO DETERMINE NEED FOR A JOINT FUND FOR FEDERAL
ELECTRONIC HEALTH RECORD MODERNIZATION OFFICE.
(a) Study.--The Secretary of Defense, in coordination with the
Secretary of Veterans Affairs, shall conduct a study to determine--
(1) whether there is a validated need or military requirement
for the development of a joint fund of the Department of Defense
and the Department of Veterans Affairs for the Federal Electronic
Health Record Modernization Office; and
(2) whether the operations of the Federal Electronic Health
Record Modernization Office since its establishment, including how
the Office has supported the implementation of the Individual
Longitudinal Exposure Record program of the Department of Defense
and the Department of Veterans Affairs, justify the development of
a potential joint fund.
(b) Elements.--The study under subsection (a) shall assess the
following:
(1) Justifications for the development of the joint fund.
(2) The potential resource allocation and funding commitments
for the Department of Defense and Department of Veterans Affairs
with respect to the joint fund.
(3) Options for the governance structure of the joint fund,
including how accountability would be divided between the
Department of Defense and the Department of Veterans Affairs.
(4) The anticipated contents of the joint fund, including the
anticipated process for annual transfers to the joint fund from the
Department of Defense and the Department of Veterans Affairs,
respectively.
(5) An estimated timeline for the potential establishment of
the joint fund.
(6) The progress and accomplishments of the Federal Electronic
Health Record Modernization Office during fiscal year 2021 in
fulfilling the purposes specified in subparagraphs (C) through (R)
of section 1635(b)(2) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 10 U.S.C. 1071 note).
(c) Report.--Not later than July 1, 2022, the Secretary of Defense,
in coordination with the Secretary of Veterans Affairs, shall submit to
the appropriate congressional committees a report on the findings of
the study under subsection (a), including recommendations on the
development of the joint fund specified in such subsection. Such
recommendations shall address--
(1) the purpose of the joint fund; and
(2) requirements related to the joint fund.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committees on Armed Services of the House of
Representatives and the Senate; and
(B) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
(2) The term ``Electronic Health Record Modernization Program''
has the meaning given such term in section 503(e) of the Veterans
Benefits and Transition Act of 2018 (Public Law 115-407; 132 Stat.
5376).
(3) The term ``Federal Electronic Health Record Modernization
Office'' means the Office established under section 1635(b) of the
Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C.
1071 note).
SEC. 744. BRIEFING ON DOMESTIC PRODUCTION OF CRITICAL ACTIVE
PHARMACEUTICAL INGREDIENTS FOR NATIONAL SECURITY PURPOSES.
Not later than April 1, 2022, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the development of a
capability for the domestic production of critical active
pharmaceutical ingredients and drug products in finished dosage form
for national security purposes. Such briefing shall include a
description of the following:
(1) The anticipated cost over the period covered by the most
recent future-years defense program submitted under section 221 of
title 10, United States Code (as of the date of the briefing), to
develop such a domestic production capability for critical active
pharmaceutical ingredients.
(2) The cost of producing critical active pharmaceutical
ingredients through such a domestic production capability, as
compared with the cost of standard manufacturing processes used by
the pharmaceutical industry.
(3) The average time to produce critical active pharmaceutical
ingredients through such a domestic production capability, as
compared with the average time to produce such ingredients through
standard manufacturing processes used by the pharmaceutical
industry.
(4) Any intersections between the development of such a
domestic production capability, the military health system, and
defense-related medical research or operational medical
requirements.
(5) Lessons learned from the progress made in developing such a
domestic production capability as of the date of the briefing,
including from any contracts entered into by the Secretary with
respect to such a domestic production capability.
(6) Any critical active pharmaceutical ingredients that are
under consideration by the Secretary for future domestic production
as of the date of the briefing.
(7) The plan of the Secretary regarding the future use of such
a domestic production capability for critical active pharmaceutical
ingredients.
SEC. 745. BRIEFING ON SUBSTANCE ABUSE IN THE ARMED FORCES.
(a) Briefing.--Not later than June 1, 2022, the Under Secretary of
Defense for Personnel and Readiness shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on substance abuse policy, strategy, and programs within the
Department of Defense.
(b) Elements.--The briefing required under subsection (a) shall
include each of the following elements:
(1) With respect to policy, an overview of the policies of the
Department of Defense and the military departments with respect to
substance abuse, including for covered beneficiaries, and how each
such policy is synchronized, including any definitions of the term
``substance abuse''.
(2) With respect to background data--
(A) an analysis of the trends in substance abuse across the
active and reserve components of the Armed Forces over the
preceding 10-year period, including the types of care
(residential, outpatient, or other), any variation in such
trends for demographics or geographic locations of members who
have been deployed, and any other indicators that the Under
Secretary determines may allow for further understanding of
substance abuse programs; and
(B) an analysis of trends in substance abuse for covered
beneficiaries over the preceding 10-year period, including any
variation in such trends for demographics, geographic location,
or other indicators that the Under Secretary determines may
allow for further understanding of substance abuse programs.
(3) With respect to strategic communication, an overview of the
strategic communication plan on substance abuse, including
different forms of media and initiatives being undertaken.
(4) With respect to treatment--
(A) a description of the treatment options available and
prescribed for substance abuse for members of the Armed Forces
and covered beneficiaries, including the different environments
of care, such as hospitals, residential treatment facilities,
outpatient care, and other care as appropriate;
(B) a description of any non-catchment area care which
resulted in the nonavailability of military medical treatment
facility or military installation capabilities for substance
use disorder treatment and the costs associated with sending
members of the Armed Forces and covered beneficiaries to non-
catchment areas for such treatment;
(C) a description of the synchronization between substance
abuse programs, mental health treatment, and case management,
where appropriate;
(D) a description of how substance abuse treatment clinical
practice guidelines are used and how frequently such guidelines
are updated; and
(E) the metrics and outcomes that are used to determine
whether substance abuse treatments are effective.
(5) The funding lines and the amount of funding the Secretary
of Defense and the Secretary of each of the military departments
have obligated for substance abuse programs for each of the
preceding 10 fiscal years.
(c) Definitions.--In this section:
(1) The term ``catchment area'' means the approximately 40-mile
radius surrounding a military medical treatment facility or
military installation, as the case may be.
(2) The term ``covered beneficiary'' has the meaning given such
term in section 1072 of title 10, United States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Prohibition on acquisition of personal protective equipment
from non-allied foreign nations.
Sec. 803. Authority to acquire innovative commercial products and
commercial services using general solicitation competitive
procedures.
Sec. 804. Modifications to contracts subject to cost or pricing data
certification.
Sec. 805. Two-year extension of Selected Acquisition Report requirement.
Sec. 806. Annual report on highest and lowest performing acquisition
programs of the Department of Defense.
Sec. 807. Assessment of impediments and incentives to improving the
acquisition of commercial products and commercial services.
Sec. 808. Briefing on transparency for certain domestic procurement
waivers.
Sec. 809. Report on violations of certain domestic preference laws.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Certain multiyear contracts for acquisition of property:
budget justification materials.
Sec. 812. Extension of demonstration project relating to certain
acquisition personnel management policies and procedures.
Sec. 813. Office of Corrosion Policy and Oversight employee training
requirements.
Sec. 814. Modified condition for prompt contract payment eligibility.
Sec. 815. Modification to procurement of services: data analysis and
requirements validation.
Sec. 816. Limitation on procurement of welded shipboard anchor and
mooring chain for naval vessels.
Sec. 817. Repeal of preference for fixed-price contracts.
Subtitle C--Provisions Relating to Other Transaction Authority
Sec. 821. Modification of other transaction authority for research
projects.
Sec. 822. Modification of prize authority for advanced technology
achievements.
Sec. 823. Pilot program on systems engineering determinations.
Sec. 824. Recommendations on the use of other transaction authority.
Sec. 825. Reporting requirement for certain defense acquisition
activities.
Subtitle D--Provisions Relating to Software and Technology
Sec. 831. Technology protection features activities.
Sec. 832. Modification of enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 833. Pilot program on acquisition practices for emerging
technologies.
Sec. 834. Pilot program to accelerate the procurement and fielding of
innovative technologies.
Sec. 835. Independent study on technical debt in software-intensive
systems.
Sec. 836. Cadre of software development and acquisition experts.
Subtitle E--Provisions Relating to Supply Chain Security
Sec. 841. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 842. Modification to analyses of certain activities for action to
address sourcing and industrial capacity.
Sec. 843. Assuring integrity of overseas fuel supplies.
Sec. 844. Assessment of requirements for certain items to address supply
chain vulnerabilities.
Sec. 845. Department of Defense research and development priorities.
Sec. 846. Report on the Manufacturing Engineering Education Program.
Sec. 847. Plan and report on reduction of reliance on services,
supplies, or materials from covered countries.
Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.
Subtitle F--Industrial Base Matters
Sec. 851. Modifications to printed circuit board acquisition
restrictions.
Sec. 852. Modification of pilot program for development of technology-
enhanced capabilities with partnership intermediaries.
Sec. 853. Additional testing of commercial e-commerce portal models.
Sec. 854. Requirement for industry days and requests for information to
be open to allied defense contractors.
Sec. 855. Employment transparency regarding individuals who perform work
in the People's Republic of China.
Sec. 856. Briefing on compliance with contractor lobbying restrictions.
Sec. 857. Congressional oversight of personnel and contracts of private
security contractors.
Subtitle G--Small Business Matters
Sec. 861. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related dollar threshold.
Sec. 862. Modification to the pilot program for streamlining awards for
innovative technology projects.
Sec. 863. Protests and appeals relating to eligibility of business
concerns.
Sec. 864. Authority for the Office of Hearings and Appeals to decide
appeals relating to qualified HUBZone small business concerns.
Sec. 865. Report on unfunded priorities of the Small Business Innovation
Research and Small Business Technology Transfer program.
Sec. 866. Report on Cybersecurity Maturity Model Certification effects
on small business.
Sec. 867. Data on Phase III Small Business Innovation Research and Small
Business Technology Transfer program awards.
Subtitle H--Other Matters
Sec. 871. Mission management pilot program.
Sec. 872. Establishment of mission-oriented pilot programs to close
significant capabilities gaps.
Sec. 873. Independent study on acquisition practices and policies.
Sec. 874. Pilot program to incentivize contracting with employee-owned
businesses.
Sec. 875. Guidance, training, and report on place of performance
contract requirements.
Sec. 876. Notification of certain intergovernmental support agreements.
Sec. 877. Report on requests for equitable adjustment in Department of
the Navy.
Sec. 878. Military standards for armor materials in vehicle
specifications.
Subtitle A--Acquisition Policy and Management
SEC. 801. ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS.
(a) In General.--Subchapter IV of chapter 87 of title 10, United
States Code, is amended by inserting after section 1746 the following
new section:
``Sec. 1746a. Acquisition workforce educational partnerships
``(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall
establish a program within Defense Acquisition University to--
``(1) facilitate the engagement of relevant experts, including
with the acquisition research activities established under section
2361a of this title, with the faculty of the Defense Acquisition
University to assess and modify the curriculum of the Defense
Acquisition University, as appropriate, to enhance the capabilities
of the Defense Acquisition University to support educational,
training, and research activities in support of acquisition
missions of the Department of Defense;
``(2) establish a cross-discipline, peer mentoring program for
academic advising and to address critical retention concerns with
respect to the acquisition workforce;
``(3) partner with extramural institutions and military
department functional leadership to offer training and on-the-job
learning support to all members of the acquisition workforce
addressing operational challenges that affect procurement
decisionmaking;
``(4) support the partnerships between the Department of
Defense and extramural institutions with missions relating to the
training and continuous development of members of the acquisition
workforce;
``(5) accelerate the adoption, appropriate design and
customization, and use of flexible acquisition practices by the
acquisition workforce by expanding the availability of training and
on-the-job learning and guidance on such practices and
incorporating such training into the curriculum of the Defense
Acquisition University; and
``(6) support and enhance the capabilities of the faculty of
the Defense Acquisition University, and the currency and
applicability of the knowledge possessed by such faculty, by--
``(A) building partnerships between the faculty of the
Defense Acquisition University and the director of, and
individuals involved with, the activities established under
section 2361a of this title;
``(B) supporting the preparation and drafting of the
reports required under subsection (f)(2); and
``(C) instituting a program under which each member of the
faculty of the Defense Acquisition University shall be detailed
to an operational acquisition position in a military department
or Defense Agency, or to an extramural institution, for not
less than six months out of every five year period.
``(b) Senior Official.--Not later than 180 days after the enactment
of this section, the President of the Defense Acquisition University
shall designate a senior official to execute activities under this
section.
``(c) Support From Other Department of Defense Organizations.--The
Secretary of Defense may direct other elements of the Department of
Defense to provide personnel, resources, and other support to the
program established under this section, as the Secretary determines
appropriate.
``(d) Funding.--Subject to the availability of appropriations, the
Under Secretary of Defense for Acquisition and Sustainment may use
amounts available in the Defense Acquisition Workforce and Development
Account (as established under section 1705 of this title) to carry out
the requirements of this section.
``(e) Annual Reports.--Not later than September 30, 2022, and
annually thereafter, the President of the Defense Acquisition
University shall submit to the Secretary of Defense and the
congressional defense committees a report describing the activities
conducted under this section during the one-year period ending on the
date on which such report is submitted.
``(f) Exemption to Report Termination Requirements.--Section
1080(a) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by
section 1061(j) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2405; 10 U.S.C. 111 note),
does not apply with respect to the reports required to be submitted to
Congress under this section.
``(g) Definitions.--In this section:
``(1) Acquisition workforce.--The term `acquisition workforce'
has the meaning given such term in section 1705(g) of this title.
``(2) Extramural institutions.--The term `extramural
institutions' means participants in an activity established under
section 2361a of this title, public sector organizations, and
nonprofit credentialing organizations.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 87 of title 10, United States Code, is amended by inserting
after the item relating to section 1746 the following new item:
``1746a. Acquisition workforce educational partnerships.''.
SEC. 802. PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE
EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS.
(a) Prohibition.--
(1) In general.--Chapter 148 of title 10, United States Code,
is amended by inserting after section 2533d the following new
section:
``Sec. 2533e. Prohibition on acquisition of personal protective
equipment and certain other items from non-allied foreign nations
``(a) In General.--Except as provided in subsection (c), the
Secretary of Defense may not procure any covered item from any covered
nation.
``(b) Applicability.--Subsection (a) shall apply to prime contracts
and subcontracts at any tier.
``(c) Exceptions.--
``(1) In general.--Subsection (a) does not apply under the
following circumstances:
``(A) If the Secretary of Defense determines that covered
materials of satisfactory quality and quantity, in the required
form, cannot be procured as and when needed from nations other
than covered nations to meet requirements at a reasonable
price.
``(B) The procurement of a covered item for use outside of
the United States.
``(C) Purchases for amounts not greater than $150,000.
``(2) Limitation.--A proposed procurement in an amount greater
than $150,000 may not be divided into several purchases or
contracts for lesser amounts in order to qualify for this
exception.
``(d) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means an article
or item of--
``(A) personal protective equipment for use in preventing
spread of disease, such as by exposure to infected individuals
or contamination or infection by infectious material (including
nitrile and vinyl gloves, surgical masks, respirator masks and
powered air purifying respirators and required filters, face
shields and protective eyewear, surgical and isolation gowns,
and head and foot coverings) or clothing, and the materials and
components thereof, other than sensors, electronics, or other
items added to and not normally associated with such personal
protective equipment or clothing; or
``(B) sanitizing and disinfecting wipes, testing swabs,
gauze, and bandages.
``(2) Covered nation.--The term `covered nation' means--
``(A) the Democratic People's Republic of North Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2533d the following:
``2533e. Prohibition on acquisition of personal protective equipment and
certain other items from non-allied foreign nations.''.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2533e of title 10,
United States Code, as added by subsection (a), is transferred to
the end of subchapter III of chapter 385 of such title, as added by
section 1870(d) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) and
amended by this Act, and redesignated as section 4875.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections for subchapter III of chapter 385 of title 10, United
States Code, as added by section 1870(d) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283), is amended by adding at the end
the following new item:
``4875. Prohibition on acquisition of personal protective equipment and
certain other items from non-allied foreign nations.''.
(B) Origin chapter table of sections.--The table of
sections at the beginning of chapter 148 of title 10, United
States Code, as amended by subsection (a), is further amended
by striking the item relating to section 2533e.
(3) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take effect immediately
after the amendments made by title XVIII of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
take effect.
(4) References; savings provision; rule of construction.--
Sections 1883 through 1885 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) shall apply with respect to the transfers, redesignations,
and amendments made under this subsection as if such transfers,
redesignations, and amendments were made under title XVIII of such
Act.
SEC. 803. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES USING GENERAL SOLICITATION COMPETITIVE
PROCEDURES.
(a) Authority.--
(1) In general.--Chapter 140 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2380c. Authority to acquire innovative commercial products and
commercial services using general solicitation competitive
procedures
``(a) Authority.--The Secretary of Defense and the Secretaries of
the military departments may acquire innovative commercial products and
commercial services through a competitive selection of proposals
resulting from a general solicitation and the peer review of such
proposals.
``(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures under subsection (a) shall be
considered to be use of competitive procedures for purposes of chapter
137 of this title.
``(c) Limitations.--(1) The Secretary may not enter into a contract
or agreement in excess of $100,000,000 using the authority under
subsection (a) without a written determination from the Under Secretary
of Defense for Acquisition and Sustainment or the relevant service
acquisition executive of the efficacy of the effort to meet mission
needs of the Department of Defense or the relevant military department.
``(2) Contracts or agreements entered into using the authority
under subsection (a) shall be fixed-price, including fixed-price
incentive fee contracts.
``(3) Notwithstanding section 2376(1) of this title, products and
services acquired using the authority under subsection (a) shall be
treated as commercial products and commercial services.
``(d) Congressional Notification Required.--(1) Not later than 45
days after the award of a contract for an amount exceeding $100,000,000
using the authority in subsection (a), the Secretary shall notify the
congressional defense committees of such award.
``(2) Notice of an award under paragraph (1) shall include the
following:
``(A) Description of the innovative commercial product or
commercial service acquired.
``(B) Description of the requirement, capability gap, or
potential technological advancement with respect to which the
innovative commercial product or commercial service acquired
provides a solution or a potential new capability.
``(C) Amount of the contract awarded.
``(D) Identification of the contractor awarded the contract.
``(e) Innovative Defined.--In this section, the term `innovative'
means--
``(1) any technology, process, or method, including research
and development, that is new as of the date of submission of a
proposal; or
``(2) any application that is new as of the date of submission
of a proposal of a technology, process, or method existing as of
such date.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 140 of title 10, United States Code, is amended by
inserting after the item relating to section 2380b the following
new item:
``2380c. Authority to acquire innovative commercial products and
commercial services using general solicitation competitive
procedures.''.
(3) Data collection.--
(A) In general.--The Secretary of Defense and each
Secretary of a military department shall collect and analyze
data on the use of the authority under section 2380c of title
10, United States Code, as added by paragraph (1), for the
purposes of--
(i) developing and sharing best practices for achieving
the objectives of the authority;
(ii) gathering information on the implementation of the
authority and related policy issues; and
(iii) informing the congressional defense committees on
the use of the authority.
(B) Plan required.--The authority under section 2380c of
title 10, United States Code, as added by paragraph (1), may
not be exercised by the Secretary of Defense or any Secretary
of a military department during the period beginning on October
1, 2022, and ending on the date on which the Secretary of
Defense submits to the congressional defense committees a
completed plan for carrying out the data collection required
under paragraph (1).
(C) Congressional defense committees; military department
defined.--In this paragraph, the terms ``congressional defense
committees'' and ``military department'' have the meanings
given such terms in section 101(a) of title 10, United States
Code.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2380c of title 10,
United States Code, as added by subsection (a), is transferred to
chapter 247 of such title, added after section 3457, as transferred
and redesignated by section 1821(a) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), and redesignated as section 3458.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 247 of title 10, United States Code, as added by section
1821(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
amended by inserting after the item related to section 3457 the
following new item:
``3458. Authority to acquire innovative commercial products and
commercial services using general solicitation competitive
procedures.''.
(3) Conforming amendments to internal cross-references.--
Section 3458 of title 10, United States Code, as redesignated by
paragraph (1), is amended--
(A) in subsection (b), by striking ``chapter 137'' and
inserting ``chapter 221''; and
(B) in subsection (c)(3), by striking ``section 2376(1)''
and inserting ``section 3451(1)''.
(4) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take as if included in
title XVIII of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(5) References; savings provision; rule of construction.--
Sections 1883 through 1885 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) shall apply with respect to the transfers, redesignations,
and amendments made under this subsection as if such transfers,
redesignations, and amendments were made under title XVIII of such
Act.
(c) Repeal of Obsolete Authority.--Section 879 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2302 note) is hereby repealed.
SEC. 804. MODIFICATIONS TO CONTRACTS SUBJECT TO COST OR PRICING
DATA CERTIFICATION.
(a) In General.--Section 2306a(a)(6) of title 10, United States
Code, is amended--
(1) by striking ``Upon the request'' and all that follows
through ``paragraph (1)'' and inserting ``Under paragraph (1),'';
and
(2) by striking ``modify the contract'' and all that follows
through ``consideration.'' and inserting ``modify the contract as
soon as practicable to reflect subparagraphs (B) and (C) of such
paragraph, without requiring consideration.''.
(b) Technical Amendment.--Section 1831(c)(8)(A) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4211) is amended by striking
``before'' and all that follows through the semicolon at the end and
inserting ``after the subsection designation;''.
SEC. 805. TWO-YEAR EXTENSION OF SELECTED ACQUISITION REPORT
REQUIREMENT.
(a) Extension.--Section 2432(j) of title 10, United States Code, is
amended by striking ``fiscal year 2021'' and inserting ``fiscal year
2023''.
(b) Demonstration Required.--
(1) In general.--Not later than March 1, 2022, and every six
months thereafter, the Secretary of Defense shall provide to the
congressional defense committees a demonstration of the capability
improvements necessary to achieve the full operational capability
of the reporting system that will replace the Selected Acquisition
Report requirements under section 2432 of title 10, United States
Code, as amended by subsection (a).
(2) Elements.--
(A) In general.--The demonstration required under paragraph
(1) shall incorporate the following elements:
(i) A demonstration of the full suite of data sharing
capabilities of the reporting system referred to in
paragraph (1) that can be accessed by authorized external
users, including the congressional defense committees, for
a range of covered programs across acquisition categories,
including those selected under section 831 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1492).
(ii) The plans required under subsection (c), as
available.
(B) Initial report.--In addition to the elements described
in subparagraph (A), the first demonstration provided under
paragraph (1) shall incorporate the findings of the report
required under section 830(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1492).
(3) Termination.--The requirements under this subsection shall
terminate upon the date on which the Secretary of Defense submits
to the congressional defense committees a written certification of
the determination of the Secretary that the reporting system
referred to in paragraph (1) has achieved full operational
capability.
(c) Plans Required for Data Gathering and Sharing.--
(1) Data required for improved decision making.--
(A) In general.--Not later than March 1, 2022, the Director
of Cost Assessment and Program Evaluation shall prepare a plan
for identifying and gathering the data required for effective
decision making by program managers and Department of Defense
leadership regarding covered programs.
(B) Contents.--The plan required under subparagraph (A)
shall include--
(i) data that--
(I) address covered program progress compared to
covered program cost, schedule, and performance goals;
(II) provide an assessment of covered program
risks; and
(III) can be collected throughout the fiscal year
without significant additional burden;
(ii) the data, information, and analytical capabilities
supported by the reporting system referred to in subsection
(b)(1);
(iii) the specific data elements needed to assess
covered program performance and associated risks, including
software development and cybersecurity risks, and an
identification of any data elements that cannot be publicly
released;
(iv) the types of covered programs to be included in
the reporting system referred to in subsection (b)(1),
including the dollar value threshold for inclusion, and the
acquisition methodologies and pathways that are to be
included;
(v) the criteria for initiating, modifying, and
terminating reporting for covered programs in the reporting
system referred to in subsection (b)(1), including program
characteristics, acquisition methodology or pathway being
used, cost growth or changes, and covered program
performance; and
(vi) the planned reporting schedule for the reporting
system referred to in subsection (b)(1), including when
reports will be available to authorized external users and
the intervals at which data will be updated.
(2) Improved data sharing within the department of defense and
with outside stakeholders.--
(A) In general.--Not later than July 1, 2022, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees the plan of the
Department of Defense for the reporting system referred to in
subsection (b)(1) to report to the congressional defense
committees and effectively share information related to covered
programs.
(B) Contents.--The plan required under subparagraph (A)
shall--
(i) incorporate the plan required under paragraph (1);
(ii) provide for reporting not less frequently than
once per year and continuous or periodic updates for
authorized external users, as appropriate, to increase the
efficiency of, and reduce the bureaucratic burdens for,
reporting data and information on acquisition programs;
(iii) identify the organizations responsible for
implementation and overall operation of the reporting
system referred to in subsection (b)(1);
(iv) identify the organizations responsible for
providing data for inclusion in such reporting system and
ensuring that data is provided in a timely fashion;
(v) include the schedule and milestones for
implementing such reporting system;
(vi) identify, for such implementation--
(I) the resources required, including personnel and
funding; and
(II) the implementation risks and how such risks
will be mitigated;
(vii) identify the mechanisms by which reporting will
be provided to the congressional defense committees and
other authorized external users, including--
(I) identification of types of organizations that
will have access to the system, including those outside
the Department of Defense;
(II) how the system will be accessed by users,
including those outside the Department of Defense; and
(III) how such users will be trained on the use of
the system and what level of support will be available
for such users on an ongoing basis; and
(viii) identify any changes to policy, guidance, or
legislation that are required to begin reporting to the
congressional defense committees in accordance with the
plan.
(d) Covered Program Defined.--In this section, the term ``covered
program'' means a program required to be included in a report submitted
under section 2432 of title 10, United States Code.
SEC. 806. ANNUAL REPORT ON HIGHEST AND LOWEST PERFORMING
ACQUISITION PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later than January 31, 2023, and annually
thereafter for the following three years, the Component Acquisition
Executive of each element or organization of the Department of Defense
shall rank each covered acquisition program based on the criteria
selected under subsection (b)(1) and submit to the congressional
defense committees a report that contains a ranking of the five highest
performing and five lowest performing covered acquisition programs for
such element or organization based on such criteria.
(b) Ranking Criteria.--
(1) In general.--In completing the report required under
subsection (a), each Component Acquisition Executive, in
consultation with other officials of the Department of Defense as
determined appropriate by the Component Acquisition Executive,
shall select the criteria for ranking each covered acquisition
program.
(2) Inclusion in report.--Each Component Acquisition Executive
shall include in the report submitted under subsection (a) an
identification of the specific ranking criteria selected under
paragraph (1), including a description of how those criteria are
consistent with best acquisition practices.
(c) Additional Report Elements.--Each Component Acquisition
Executive shall include in the report required under subsection (a) for
each of the five acquisition programs ranked as the lowest performing
the following:
(1) A description of the factors that contributed to the
ranking of the program as low performing.
(2) An assessment of the underlying causes of the poor
performance of the program.
(3) A plan for addressing the challenges of the program and
improving performance, including specific actions that will be
taken and proposed timelines for completing such actions.
(d) Definitions.--In this section:
(1) Component acquisition executive.--The term ``Component
Acquisition Executive'' means--
(A) a service acquisition executive; or
(B) an individual designated by the head of an element or
organization of the Department of Defense, other than a
military department, as the Component Acquisition Executive for
that element or organization.
(2) Covered acquisition program.--In this section the term
``covered acquisition program'' means--
(A) a major defense acquisition program as defined in
section 2430 of title 10, United States Code; or
(B) an acquisition program that is estimated by the
Component Acquisition Executive to require an eventual total
expenditure described in section 2430(a)(1)(B) of title 10,
United States Code.
(3) Military department; service acquisition executive.--The
terms ``military department'' and ``service acquisition executive''
have the meanings given such terms in section 101(a) of title 10,
United States Code.
SEC. 807. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO IMPROVING THE
ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition and Sustainment and the Chairman of the Joint Requirements
Oversight Council shall jointly assess impediments and incentives to
fulfilling the goals of section 3307 of title 41, United States Code,
and section 2377 of title 10, United States Code, regarding preferences
for commercial products and commercial services to--
(1) enhance the innovation strategy of the Department of
Defense to compete effectively against peer adversaries; and
(2) encourage the rapid adoption of commercial advances in
technology.
(b) Elements of Assessment.--The assessment shall include a review
of the use of preferences for commercial products and commercial
services in procurement, including an analysis of--
(1) relevant policies, regulations, and oversight processes;
(2) relevant acquisition workforce training and education;
(3) the role of requirements in the adaptive acquisition
framework (as described in Department of Defense Instruction
5000.02, ``Operation of the Adaptive Acquisition Framework''),
including--
(A) the ability to accommodate evolving commercial
functionality and new opportunities identified during market
research; and
(B) how phasing and uncertainty in requirements are
treated;
(4) the role of competitive procedures and source selection
procedures, including the ability to structure acquisition
processes to accommodate--
(A) multiple or unequal solutions; and
(B) emerging solutions that could fulfill program
requirements;
(5) the role of planning, programming, and budgeting structures
and processes, including appropriations categories;
(6) systemic biases in favor of custom solutions;
(7) allocation of technical data rights;
(8) strategies to control modernization and sustainment costs;
(9) the risk to contracting officers and other members of the
acquisition workforce of acquiring commercial products and
commercial services, and incentives and disincentives for taking
such risks; and
(10) potential reforms that do not impose additional burdensome
and time-consuming constraints on the acquisition process.
(c) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment and the Chairman of the Joint Requirements Oversight
Council shall brief the congressional defense committees on the results
of the required assessment and any actions undertaken to improve
compliance with the statutory preference for commercial products and
commercial services, including any recommendations to Congress for
legislative action.
SEC. 808. BRIEFING ON TRANSPARENCY FOR CERTAIN DOMESTIC PROCUREMENT
WAIVERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall brief the congressional defense
committees on the extent to which information relating to the use of
domestic procurement waivers by the Department of Defense is publicly
available.
SEC. 809. REPORT ON VIOLATIONS OF CERTAIN DOMESTIC PREFERENCE LAWS.
(a) Report Required.--Not later than February 1 of each of 2023,
2024, and 2025, the Secretary of Defense, in coordination with each
Secretary of a military department, shall submit to the congressional
defense committees a report on violations of certain domestic
preference laws reported to the Department of Defense and the military
departments. Each report shall include such violations that occurred
during the previous fiscal year covered by the report.
(b) Elements.--Each report required under subsection (a) shall
include the following for each reported violation:
(1) The name of the contractor.
(2) The contract number.
(3) The nature of the violation, including which of the certain
domestic preference laws was violated.
(4) The origin of the report of the violation.
(5) Actions taken or pending by the Secretary concerned in
response to the violation.
(6) Other related matters deemed appropriate by the Secretary
concerned.
(c) Certain Domestic Preference Laws Defined.--In this section, the
term ``certain domestic preference laws'' means any provision of
section 2533a or 2533b of title 10, United States Code, or chapter 83
of title 41 of such Code, that requires or creates a preference for the
procurement of goods, articles, materials, or supplies, that are grown,
mined, reprocessed, reused, manufactured, or produced in the United
States.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. CERTAIN MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY:
BUDGET JUSTIFICATION MATERIALS.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 239c. Certain multiyear contracts for acquisition of property:
budget justification materials
``(a) In General.--In the budget justification materials submitted
to Congress in support of the Department of Defense budget for fiscal
year 2023 and each fiscal year thereafter (as submitted with the budget
of the President under section 1105(a) of title 31), the Secretary of
Defense shall include a proposal for any multiyear contract of the
Department entered into under section 2306b of this title that--
``(1) the head of an agency intends to cancel during the fiscal
year; or
``(2) with respect to which the head of an agency intends to
effect a covered modification during the fiscal year.
``(b) Elements.--Each proposal required by subsection (a) shall
include the following:
``(1) A detailed assessment of any expected termination costs
associated with the proposed cancellation or covered modification
of the multiyear contract.
``(2) An updated assessment of estimated savings of such
cancellation or carrying out the multiyear contract as modified by
such covered modification.
``(3) An explanation of the proposed use of previously
appropriated funds for advance procurement or procurement of
property planned under the multiyear contract before such
cancellation or covered modification.
``(4) An assessment of expected impacts of the proposed
cancellation or covered modification on the defense industrial
base, including workload stability, loss of skilled labor, and
reduced efficiencies.
``(c) Definitions.--In this section:
``(1) The term `covered modification' means a modification that
will result in a reduction in the quantity of end items to be
procured.
``(2) The term `head of an agency' means--
``(A) the Secretary of Defense;
``(B) the Secretary of the Army;
``(C) the Secretary of the Navy; or
``(D) the Secretary of the Air Force.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by adding at the end the following
new item:
``239c. Certain multiyear contracts for acquisition of property: budget
justification materials.''.
SEC. 812. EXTENSION OF DEMONSTRATION PROJECT RELATING TO CERTAIN
ACQUISITION PERSONNEL MANAGEMENT POLICIES AND PROCEDURES.
Section 1762(g) of title 10, United States Code, is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2026''.
SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT EMPLOYEE
TRAINING REQUIREMENTS.
Section 2228 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(6) The Director shall ensure that contractors of the
Department of Defense carrying out activities for the prevention
and mitigation of corrosion of the military equipment and
infrastructure of the Department of Defense employ for such
activities a substantial number of individuals who have completed,
or who are currently enrolled in, a qualified training program.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end and
inserting a semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) require that any training or professional development
activities for military personnel or civilian employees of the
Department of Defense for the prevention and mitigation of
corrosion of the military equipment and infrastructure of the
Department of Defense are conducted under a qualified training
program that trains and certifies individuals in meeting corrosion
control standards that are recognized industry-wide.''; and
(3) in subparagraph (f), by adding at the end the following new
paragraph:
``(6) The term `qualified training program' means a training
program in corrosion control, mitigation, and prevention that is--
``(A) offered or accredited by an organization that sets
industry corrosion standards; or
``(B) an industrial coatings applicator training program
registered under the Act of August 16, 1937 (popularly known as
the `National Apprenticeship Act'; 29 U.S.C. 50 et seq.).''.
SEC. 814. MODIFIED CONDITION FOR PROMPT CONTRACT PAYMENT
ELIGIBILITY.
Section 2307(a)(2)(B) of title 10, United States Code, is amended
by striking ``if the prime contractor agrees or proposes to make
payments to the subcontractor'' and inserting ``if the prime contractor
agrees to make payments to the subcontractor''.
SEC. 815. MODIFICATION TO PROCUREMENT OF SERVICES: DATA ANALYSIS
AND REQUIREMENTS VALIDATION.
(a) In General.--Section 2329 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``October 1, 2021'' and inserting ``February 1, 2023''; and
(B) by striking paragraphs (4) and (5) and inserting the
following new paragraphs:
``(4) be informed by the review of the inventory required by
section 2330a(c) using standard guidelines developed under
subsection (d); and
``(5) clearly and separately identify the amount requested and
projected for the procurement of contract services for each Defense
Agency, Department of Defense Field Activity, command, or military
installation for the budget year and the subsequent four fiscal
years in the future-years defense program submitted to Congress
under section 221.'';
(2) by amending subsection (d) to read as follows:
``(d) Requirements Evaluation.--(1) Each Services Requirements
Review Board shall evaluate each requirement for a services contract,
taking into consideration total force management policies and
procedures, available resources, the analyses conducted under
subsection (c), and contracting efficacy and efficiency. An evaluation
of a services contract for compliance with contracting policies and
procedures may not be considered to be an evaluation of a requirement
for such services contract.
``(2) The Secretary of Defense shall establish and issue standard
guidelines within the Department of Defense for the evaluation of
requirements for services contracts. Any such guidelines issued--
``(A) shall be consistent with the `Handbook of Contract
Function Checklists for Services Acquisition' issued by the
Department of Defense in May 2018, or a successor or other
appropriate policy; and
``(B) shall be updated as necessary to incorporate applicable
statutory changes to total force management policies and procedures
and any other guidelines or procedures relating to the use of
Department of Defense civilian employees to perform new functions
and functions that are performed by contractors.
``(3) The acquisition decision authority for each services contract
shall certify--
``(A) that a task order or statement of work being submitted to
a contracting office is in compliance with the standard guidelines;
``(B) that all appropriate statutory risk mitigation efforts
have been made; and
``(C) that such task order or statement of work does not
include requirements formerly performed by Department of Defense
civilian employees.
``(4) The Inspector General of the Department of Defense may
conduct annual audits to ensure compliance with this subsection.'';
(3) by striking subsection (f) and redesignating the subsequent
subsections accordingly; and
(4) in subsection (f), as so redesignated--
(A) in paragraph (3), by striking ``January 5, 2016'' and
inserting ``January 10, 2020''; and
(B) by adding at the end the following new paragraph:
``(4) The term `acquisition decision authority' means the
designated decision authority for each designated special interest
services acquisition category, described in such Department of
Defense Instruction.''.
(b) Repeals.--
(1) Section 235 of title 10, United States Code, is repealed.
(2) Section 852 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1492; 10 U.S.C. 2329
note) is repealed.
SEC. 816. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD ANCHOR AND
MOORING CHAIN FOR NAVAL VESSELS.
Section 2534 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by adding at the end the following
new subparagraph:
``(F) Welded shipboard anchor and mooring chain.''; and
(2) in subsection (b)--
(A) by striking ``A manufacturer'' and inserting ``(1)
Except as provided in paragraph (2), a manufacturer''; and
(B) by adding at the end the following new paragraph:
``(2) A manufacturer of welded shipboard anchor and mooring chain
for naval vessels meets the requirements of this subsection if the
manufacturer is part of the national technology and industrial base.''.
SEC. 817. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS.
Section 829 of the National Defense Authorization Act for Fiscal
Year 2017 (10 U.S.C. 2306 note) is repealed.
Subtitle C--Provisions Relating to Other Transaction Authority
SEC. 821. MODIFICATION OF OTHER TRANSACTION AUTHORITY FOR RESEARCH
PROJECTS.
(a) In General.--Section 2371 of title 10, United States Code, is
amended--
(1) in subsection (e)--
(A) by striking paragraph (2);
(B) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``(1)''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(2) by amending subsection (h) to read as follows:
``(h) Guidance.--The Secretary of Defense shall issue guidance to
carry out this section.''.
(b) Conforming Amendment.--Section 2371b(b)(1) of title 10, United
States Code, is amended by striking ``Subsections (e)(1)(B) and
(e)(2)'' and inserting ``Subsection (e)(2)''.
SEC. 822. MODIFICATION OF PRIZE AUTHORITY FOR ADVANCED TECHNOLOGY
ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, including procurement
contracts and other agreements,'' after ``other types of prizes'';
(2) in subsection (b), in the first sentence, by inserting
``and for the selection of recipients of procurement contracts and
other agreements'' after ``cash prizes'';
(3) in subsection (c)(1), by inserting ``without the approval
of the Under Secretary of Defense for Research and Engineering''
before the period at the end; and
(4) by adding at the end the following new subsection:
``(g) Congressional Notice.--
``(1) In general.--Not later than 15 days after a procurement
contract or other agreement that exceeds a fair market value of
$10,000,000 is awarded under the authority under a program under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees written notice of such award.
``(2) Contents.--Each notice submitted under paragraph (1)
shall include--
``(A) the value of the relevant procurement contract or
other agreement, as applicable, including all options;
``(B) a brief description of the research result,
technology development, or prototype for which such procurement
contract or other agreement, as applicable, was awarded; and
``(C) an explanation of the benefit to the performance of
the military mission of the Department of Defense resulting
from the award.''.
SEC. 823. PILOT PROGRAM ON SYSTEMS ENGINEERING DETERMINATIONS.
(a) Requirement.--As soon as practicable but not later than
September 30, 2023, the Secretary of Defense shall ensure that each
covered entity enters into at least two covered transactions under an
authority described in subsection (b), where each such covered
transaction includes the system engineering determinations described
under subsection (c).
(b) Covered Authorities.--The authorities described under this
subsection are as follows:
(1) Section 2371 of title 10, United States Code, with respect
to applied and advanced research project transactions relating to
weapons systems.
(2) Section 2371b of such title, with respect to transactions
relating to weapons systems.
(3) Section 2373 of such title.
(4) Section 2358 of such title, with respect to transactions
relating to weapons systems.
(c) Systems Engineering Determinations.--
(1) First determination.--
(A) Success criteria.--The head of a covered entity that
enters into a covered transaction under this section shall
identify, in writing, not later than 30 days after entering
into such covered transaction, measurable success criteria
related to potential military applications of such covered
transaction, to be demonstrated not later than the last day of
the period of performance for such covered transaction.
(B) Types of determinations.--Not later than 30 days after
the end of such period of performance, the head of the covered
entity shall make one of the following determinations:
(i) A ``Discontinue'' determination, under which such
head discontinues support of the covered transaction and
provides a rationale for such determination.
(ii) A ``Retain and Extend'' determination, under which
such head ensures continued performance of such covered
transaction and extends the period of performance for a
specified period of time in order to achieve the success
criteria described under subparagraph (A).
(iii) An ``Endorse and Refer'' determination, under
which such head endorses the covered transaction and refers
it to the most appropriate Service Systems Engineering
Command, based on the technical attributes of the covered
transaction and the associated potential military
applications, based on meeting or exceeding the success
criteria.
(C) Written notice.--A determination made pursuant to
subparagraph (B) shall be documented in writing and provided to
the person performing the covered transaction to which the
determination relates.
(D) Further determination.--If the head of a covered entity
issued a ``Retain and Extend'' determination described in
subparagraph (B)(ii), such head shall, at the end of the
extension period--
(i) issue an ``Endorse and Refer'' determination
described in subparagraph (B)(iii) if the success criteria
are met; or
(ii) issue a ``Discontinue'' determination described in
subparagraph (B)(i) if the success criteria are not met.
(2) Second determination.--
(A) Systems engineering plan.--The head of the Service
Systems Engineering Command that receives a referral from an
``Endorse and Refer'' determination described in paragraph
(1)(B)(iii) shall, not later than 30 days after receipt of such
referral, formulate a systems engineering plan with the person
performing the referred covered transaction, technical experts
of the Department of Defense, and any prospective program
executive officers.
(B) Elements.--The systems engineering plan required under
subparagraph (A) shall include the following:
(i) Measurable baseline technical capability, based on
meeting the success criteria described in paragraph (1)(A).
(ii) Measurable transition technical capability, based
on the technical needs of the prospective program executive
officers to support a current or future program of record.
(iii) Discrete technical development activities
necessary to progress from the baseline technical
capability to the transition technical capability,
including an approximate cost and schedule, including
activities that provide resolution to issues relating to--
(I) interfaces;
(II) data rights;
(III) Federal Government technical requirements;
(IV) specific platform technical integration;
(V) software development;
(VI) component, subsystem, or system prototyping;
(VII) scale models;
(VIII) technical manuals;
(IX) lifecycle sustainment needs; and
(X) other needs identified by the relevant program
executive officer.
(iv) Identification and commitment of funding sources
to complete the activities under clause (iii).
(C) Types of determinations.--Not later than 30 days after
the end of the schedule required by subparagraph (B)(iii), the
head of the Service Systems Engineering Command shall make one
of the following determinations:
(i) A ``Discontinue'' determination, under which such
head discontinues support of the covered transaction and
provides a rationale for such determination.
(ii) A ``Retain and Extend'' determination, under which
such head ensures continued performance of such covered
transaction within the Service Systems Engineering Command
and extends the period of performance for a specified
period of time in order to--
(I) successfully complete the systems engineering
plan required under subparagraph (A); and
(II) issue specific remedial or additional
activities to the person performing the covered
transaction.
(iii) An ``Endorse and Refer'' determination, under
which such head endorses the covered transaction and refers
it to a program executive officer, based on successful
completion of the systems engineering plan required under
subparagraph (A).
(D) Written notice.--A determination made pursuant to
subparagraph (C) shall be documented in writing and provided to
the person performing the covered transaction to which the
determination relates and any prospective program executive
officers for such covered transaction.
(E) Further determination.--If the head of the Service
Systems Engineering Command issued a ``Retain and Extend''
determination described in subparagraph (C)(ii), such head
shall, at the end of the extension period--
(i) issue an ``Endorse and Refer'' determination
described in subparagraph (C)(iii) if the transition
technical capability criteria are met; or
(ii) issue a ``Discontinue'' determination described in
subparagraph (B)(i) if the success criteria are not met.
(d) Priority for Covered Transaction Selection.--In selecting a
covered transaction under this section, the Secretary shall prioritize
those covered transactions that--
(1) are being initially demonstrated at a covered entity;
(2) demonstrate a high potential to be further developed by a
Service Systems Engineering Command; and
(3) demonstrate a high potential to be used in a program of the
Department of Defense.
(e) Notifications.--
(1) In general.--Not later than 30 days after a covered
transaction is entered into pursuant to subsection (a), the
Secretary of Defense shall notify the congressional defense
committees of such covered transaction.
(2) Updates.--Not later than 120 days after such a covered
transaction is entered into, and every 120 days thereafter until
the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or
(c)(2)(C)(iii) occurs, the Secretary of Defense shall provide
written updates to the congressional defense committees on the
actions being taken by the Department to comply with the
requirements of this section.
(f) Briefing Required.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and the
House of Representatives with a detailed plan to implement the
requirements of this section.
(g) Definitions.--In this section:
(1) The term ``covered entity'' means--
(A) the Defense Innovation Unit;
(B) the Strategic Capabilities Office; or
(C) the Defense Advanced Research Projects Agency.
(2) The term ``covered transaction'' means a transaction,
procurement, or project conducted pursuant to an authority listed
in subsection (b).
(3) The term ``Service Systems Engineering Command'' means the
specific Department of Defense command that reports through a chain
of command to the head of a military department that specializes in
the systems engineering of a system, subsystem, component, or
capability area.
SEC. 824. RECOMMENDATIONS ON THE USE OF OTHER TRANSACTION
AUTHORITY.
(a) Review and Recommendations Required.--
(1) In general.--The Secretary of Defense shall review the
current use, and the authorities, regulations, and policies related
to the use, of other transaction authority under sections 2371 and
2371b of title 10, United States Code, and assess the merits of
modifying or expanding such authorities with respect to--
(A) the inclusion in such transactions for the Government
and contractors to include force majeure provisions to deal
with unforeseen circumstances in execution of the transaction;
(B) the determination of the traditional or nontraditional
status of an entity based on the parent company or majority
owner of the entity;
(C) the determination of the traditional or nontraditional
status of an entity based on the status of an entity as a
qualified businesses wholly-owned through an Employee Stock
Ownership Plan;
(D) the ability of the Department of Defense to award
agreements for prototypes with all of the costs of the
prototype project provided by private sector partners of the
participant to the transaction for such prototype project, to
allow for expedited transition into follow-on production
agreements for appropriate technologies;
(E) the ability of the Department of Defense to award
agreements for procurement, including without the need for
prototyping;
(F) the ability of the Department of Defense to award
agreements for sustainment of capabilities, including without
the need for prototyping;
(G) the ability of the Department of Defense to award
agreements to support the organic industrial base;
(H) the ability of the Department of Defense to award
agreements for prototyping of services or acquisition of
services;
(I) the need for alternative authorities or policies to
more effectively and efficiently execute agreements with
private sector consortia;
(J) the ability of the Department of Defense to monitor and
report on individual awards made under consortium-based other
transactions; and
(K) other issues as identified by the Secretary.
(2) Qualified businesses wholly-owned through an employee stock
ownership plan defined.--The term ``qualified businesses wholly-
owned through an Employee Stock Ownership Plan'' means an S
corporation (as defined in section 1361(a)(1) of the Internal
Revenue Code of 1986) for which 100 percent of the outstanding
stock is held through an employee stock ownership plan (as defined
in section 4975(e)(7) of the Internal Revenue Code).
(b) Issues Identified and Recommendations for Changes to Policies
or Authorities.--In carrying out the review under paragraph (1) of
subsection (a), with respect to each issue described in subparagraphs
(A) through (K) of such paragraph, the Secretary of Defense shall--
(1) identify relevant issues and challenges with the use of the
authority under section 2371 or 2371b of title 10, United States
Code;
(2) discuss the advantages and disadvantages of modifying or
expanding the authority under section 2371 or 2371b of title 10,
United States Code, to address issues under paragraph (1);
(3) identify policy changes that will be made to address issues
identified under paragraph (1);
(4) make recommendations to the congressional defense
committees for new or modified statutory authorities to address
issues identified under paragraph (1); and
(5) provide such other information as determined appropriate by
the Secretary.
(c) Report.--Not later than December 31, 2022, the Secretary of
Defense shall submit to the congressional defense committees a report
describing activities undertaken pursuant to this section, as well as
issues identified, policy changes proposed, justifications for such
proposed policy changes, and recommendations for legislative changes.
SEC. 825. REPORTING REQUIREMENT FOR CERTAIN DEFENSE ACQUISITION
ACTIVITIES.
(a) Procedures for Identifying Certain Acquisition Agreements and
Activities.--The Secretary of Defense shall establish procedures to
identify organizations performing on individual projects under the
following types of awards:
(1) Other transaction agreements pursuant to the authorities
under section 2371 and 2371b of title 10, United States Code.
(2) Individual task orders awarded under a task order contract
(as defined in section 2304d of title 10, United States Code),
including individual task orders issued to a federally funded
research and development center.
(b) For initial agreements covered under subsection (a), the
procedures required under subsection (a) shall include, but not be
limited to--
(1) the participants to the transaction (other than the Federal
Government);
(2) each business selected to perform work under the
transaction by a participant to the transaction that is a
consortium of private entities;
(3) the date on which each participant entered into the
transaction;
(4) the amount of the transaction; and
(5) other related matters the Secretary deems appropriate.
(c) For follow-on contracts, agreements, or transactions covered
under subsection (a), the procedures required under subsection (a)
shall include, but not be limited to--
(1) identification of the initial covered contract or
transaction and each subsequent follow-on contract or transaction;
(2) the awardee;
(3) the amount;
(4) the date awarded; and
(5) other related matters the Secretary deems appropriate.
(d) The Administrator of the General Services Administration shall
update the Federal Procurement Data System (FPDS) within 180 days to
collect the data required under this section.
(e) Reporting.--Not later than one year after the date of the
enactment of this Act, and not less than annually thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use of agreements and activities described
in subsection (a) and associated funding.
(f) Publication of Information.--Not later than one year after the
date of enactment of this Act, the Secretary of Defense shall establish
procedures to collect information on individual agreements and
activities described in this section and associated funding in an
online, public, searchable database, unless the Secretary deems such
disclosure inappropriate for individual agreements based on national
security concerns.
Subtitle D--Provisions Relating to Software and Technology
SEC. 831. TECHNOLOGY PROTECTION FEATURES ACTIVITIES.
(a) In General.--Section 2357 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' before ``Any'';
(B) by adding at the end the following new paragraph:
``(2) The Secretary may deem the portion of the costs of the
contractor described in paragraph (1) with respect to a designated
system as allowable independent research and development costs under
the regulations issued under section 2372 of this title if--
``(A) the designated system receives Milestone B approval; and
``(B) the Secretary determines that doing so would further the
purposes of this section.''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (4); and
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) The term `independent research and development costs' has
the meaning given the term in section 31.205-18 of title 48, Code
of Federal Regulations.
``(3) The term `Milestone B approval' has the meaning given the
term in section 2366(e)(7) of this title.''.
(b) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to conform with section 2357 of title 10, United States Code, as
amended by subsection (a).
SEC. 832. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED
AT DEPARTMENT OF DEFENSE LABORATORIES.
Section 801(e) of the National Defense Authorization Act for Fiscal
Year 2014 (10 U.S.C. 2514 note) is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by striking subsection (d) and inserting the following new
subsections:
``(d) Data Collection.--The Secretary of Defense shall develop and
implement a plan to collect and analyze data on the use of authority
under this section for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the Secretary of Defense and
Congress on the use of authority under this section and related
policy issues.
``(e) Report.--The Secretary of Defense shall submit a report to
the congressional defense committees on the activities carried out
under this section not later than December 31, 2025.''; and
(3) in subsection (f) (as so redesignated), by striking
``December 31, 2021'' and inserting ``December 31, 2026''.
SEC. 833. PILOT PROGRAM ON ACQUISITION PRACTICES FOR EMERGING
TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment or the Under
Secretary's designee, shall establish a pilot program (in this section
referred to as the ``Pilot Program'') to develop and implement unique
acquisition mechanisms for emerging technologies in order to increase
the speed of transition of emerging technologies into acquisition
programs or into operational use.
(b) Elements.--In carrying out the Pilot Program, the Under
Secretary of Defense for Acquisition and Sustainment shall--
(1) identify, and award agreements to, not less than four new
projects supporting high-priority defense modernization activities,
consistent with the National Defense Strategy, with consideration
given to--
(A) offensive missile capabilities;
(B) space-based assets;
(C) personnel and quality of life improvement;
(D) energy generation and storage; and
(E) any other area activities the Under Secretary
determines appropriate;
(2) develop a unique acquisition plan for each project
identified pursuant to paragraph (1) that is significantly novel
from standard Department of Defense acquisition practices,
including the use of--
(A) alternative price evaluation models;
(B) alternative independent cost estimation methodologies;
(C) alternative market research methods;
(D) continuous assessment of performance metrics to measure
project value for use in program management and oversight;
(E) alternative intellectual property strategies, including
activities to support modular open system approaches (as
defined in section 2446a(b) of title 10, United States Code)
and reduce life-cycle and sustainment costs; and
(F) other alternative practices identified by the Under
Secretary;
(3) execute the acquisition plans described in paragraph (2)
and award agreements in an expedited manner; and
(4) determine if existing authorities are sufficient to carry
out the activities described in this subsection and, if not, submit
to the congressional defense committees recommendations for
statutory reforms that will provide sufficient authority.
(c) Regulation Waiver.--The Under Secretary of Defense for
Acquisition and Sustainment shall establish mechanisms for the Under
Secretary to waive, upon request, regulations, directives, or policies
of the Department of Defense, a military service, or a Defense Agency
with respect to a project awarded an agreement under the Pilot Program
if the Under Secretary determines that such a waiver furthers the
purposes of the Pilot Program, unless such waiver would be prohibited
by a provision of a Federal statute or common law.
(d) Agreement Termination.--
(1) In general.--The Secretary of Defense may establish
procedures to terminate agreements awarded under the Pilot Program.
(2) Notification required.--Any procedure established under
paragraph (1) shall require that, not later than 30 days prior to
the termination of any agreement under such procedure, notice of
such termination shall be provided to the congressional defense
committees.
(e) Pilot Program Advisory Group.--
(1) In general.--The Under Secretary of Defense for Acquisition
and Sustainment shall establish a Pilot Program advisory group to
advise the Under Secretary on--
(A) the selection, management and elements of projects
under the Pilot Program;
(B) the collection of data regarding the use of the Pilot
Program; and
(C) the termination of agreements under the Pilot Program.
(2) Membership.--
(A) In general.--The members of the advisory group
established under paragraph (1) shall be appointed as follows:
(i) One member from each military department (as
defined under section 101(a) of title 10, United States
Code), appointed by the Secretary of the military
department concerned.
(ii) One member appointed by the Under Secretary of
Defense for Research and Engineering.
(iii) One member appointed by the Under Secretary of
Defense for Acquisition and Sustainment.
(iv) One member appointed by the Director of the
Strategic Capabilities Office of the Department of Defense.
(v) One member appointed by the Director of the Defense
Advanced Research Projects Agency.
(vi) One member appointed by the Director of Cost
Assessment and Program Evaluation.
(vii) One member appointed by the Director of
Operational Test and Evaluation.
(B) Deadline for appointment.--Members of the advisory
group shall be appointed not later than 30 days after the date
of the establishment of the pilot program under subsection (a).
(3) FACA non-applicability.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the advisory group established
under paragraph (1).
(f) Information to Congress.--
(1) Briefing requirement.--Not later than 180 days after the
date of the enactment of this Act, and not less than annually
thereafter, the Secretary of Defense shall provide to the
congressional defense committees a briefing on activities performed
under this section.
(2) Budget justification materials.--The Secretary shall
establish procedures to clearly identify all projects under the
Pilot Program in budget justification materials submitted to
Congress.
(g) Data Requirements.--
(1) Collection and analysis of data.--The Secretary shall
establish mechanisms to collect and analyze data on the execution
of the Pilot Program for the purpose of--
(A) developing and sharing best practices for achieving
goals established for the Pilot Program;
(B) providing information to the Secretary and the
congressional defense committees on the execution of the Pilot
Program; and
(C) providing information to the Secretary and the
congressional defense committees on related policy issues.
(2) Data strategy required.--The Secretary may not establish
the Pilot Program prior to completion of a plan for--
(A) meeting the requirements of this subsection;
(B) collecting the data required to carry out an evaluation
of the lessons learned from the Pilot Program; and
(C) conducting such evaluation.
(h) Termination.--The Pilot Program shall terminate on the earlier
of--
(1) the date on which each project identified under subsection
(b)(1) has either been completed or has had all agreements awarded
to such project under the Pilot Program terminated; or
(2) the date that is five years after the date of the enactment
of this Act.
SEC. 834. PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND FIELDING
OF INNOVATIVE TECHNOLOGIES.
(a) Pilot Program.--Subject to availability of appropriations, the
Secretary of Defense shall establish a competitive, merit-based pilot
program to accelerate the procurement and fielding of innovative
technologies by, with respect to such technologies--
(1) reducing acquisition or life-cycle costs;
(2) addressing technical risks;
(3) improving the timeliness and thoroughness of test and
evaluation outcomes; and
(4) rapidly implementing such technologies to directly support
defense missions.
(b) Guidelines.--Not later than one year after the date of the
enactment of this Act, the Secretary shall issue guidelines for the
operation of the pilot program established under this section. At a
minimum such guidelines shall provide for the following:
(1) The issuance of one or more solicitations for proposals by
the Department of Defense in support of the pilot program, with a
priority established for technologies developed by small business
concerns (as defined under section 3 of the Small Business Act (15
U.S.C. 632)) or nontraditional defense contractors (as defined
under section 2302 of title 10, United States Code).
(2) A process for--
(A) the review of proposals received in response to a
solicitation issued under paragraph (1) by the Secretary of
Defense and by each Secretary of a military department;
(B) the merit-based selection of the most promising cost-
effective proposals; and
(C) the procurement of goods or services offered by such a
proposal through contracts, cooperative agreements, other
transaction authority, or by another appropriate process.
(c) Maximum Amount.--The total amount of funding provided for any
proposal selected for an award under the pilot program established
under this section shall not exceed $50,000,000, unless the Secretary
(or designee of the Secretary) approves a greater amount of funding.
(d) Data Collection.--
(1) Plan required before implementation.--The Secretary of
Defense may not provide funding under this section until the date
on which the Secretary--
(A) completes a plan for carrying out the data collection
required under paragraph (2); and
(B) submits the plan to the congressional defense
committees.
(2) Data collection required.--The Secretary of Defense shall
collect and analyze data on the pilot program established under
this section for the purposes of--
(A) developing and sharing best practices for achieving the
objectives of the pilot program;
(B) providing information on the implementation of the
pilot program and related policy issues; and
(C) reporting to the congressional defense committees as
required under subsection (e).
(e) Biannual Reports.--Not later than March 1 and September 1 of
each year beginning after the date of the enactment of this Act until
the termination of the pilot program established under this section,
the Secretary of Defense shall submit to the congressional defense
committees a report on the pilot program.
(f) Termination.--The authority to carry out a pilot program under
this section shall terminate on September 30, 2027.
SEC. 835. INDEPENDENT STUDY ON TECHNICAL DEBT IN SOFTWARE-INTENSIVE
SYSTEMS.
(a) Study Required.--Not later than May 1, 2022, the Secretary of
Defense shall enter into an agreement with a federally funded research
and development center to study technical debt in software-intensive
systems, as determined by the Under Secretary of Defense for
Acquisition and Sustainment.
(b) Study Elements.--The study required under subsection (a) shall
include analyses and recommendations, including actionable and specific
guidance and any recommendations for statutory or regulatory
modifications, on the following:
(1) Qualitative and quantitative measures which can be used to
identify a desired future state for software-intensive systems.
(2) Qualitative and quantitative measures that can be used to
assess technical debt.
(3) Policies for data access to identify and assess technical
debt and best practices for software-intensive systems to make such
data appropriately available for use.
(4) Forms of technical debt which are suitable for objective or
subjective analysis.
(5) Current practices of Department of Defense software-
intensive systems to track and use data related to technical debt.
(6) Appropriate individuals or organizations that should be
responsible for the identification and assessment of technical
debt, including the organization responsible for independent
assessments.
(7) Scenarios, frequency, or program phases during which
technical debt should be assessed.
(8) Best practices to identify, assess, and monitor the
accumulating costs technical debt.
(9) Criteria to support decisions by appropriate officials on
whether to incur, carry, or reduce technical debt.
(10) Practices for the Department of Defense to incrementally
adopt to initiate practices for managing or reducing technical
debt.
(c) Access to Data and Records.--The Secretary of Defense shall
ensure that the federally funded research and development center
selected under subsection (a) has sufficient resources and access to
technical data, individuals, organizations, and records necessary to
complete the study required under this section.
(d) Report Required.--Not later than 18 months after entering the
agreement described in subsection (a), the Secretary shall submit to
the congressional defense committees a report on the study required
under subsection (b), along with any additional information and views
as desired in publicly releasable and unclassified forms. The Secretary
may also include a classified annex to the study as necessary.
(e) Briefings Required.--
(1) Initial briefing.--Not later than March 1, 2022, the
Secretary of Defense shall provide a briefing to the congressional
defense committees on activities undertaken and planned to conduct
the study required by subsection (a), including any barriers to
conducting such activities and the resources to be provided to
conduct such activities.
(2) Interim briefing required.--Not later than 12 months after
entering into the agreement under subsection (a), the Secretary of
Defense shall provide a briefing to the congressional defense
committees on interim analyses and recommendations described in
subsection (b) including those that could require modifications to
guidance, regulations, or statute.
(3) Final briefing required.--Not later than 60 days after the
date on which the report required by subsection (d) is submitted,
the Secretary of Defense shall brief the congressional defense
committees on a plan and schedule for implementing the
recommendations provided in the report.
(f) Technical Debt Defined.--In this section, the term ``technical
debt'' means an element of design or implementation that is expedient
in the short term, but that would result in a technical context that
can make a future change costlier or impossible.
SEC. 836. CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION EXPERTS.
(a) In General.--Not later than January 1, 2023, the Secretary of
Defense, acting through the Under Secretary of Defense for Acquisition
and Sustainment, shall establish a cadre of personnel who are experts
in software development, acquisition, and sustainment to improve the
effectiveness of software development, acquisition, and sustainment
programs or activities of the Department of Defense.
(b) Structure.--The Under Secretary of Defense for Acquisition and
Sustainment--
(1) shall ensure the cadre has the appropriate number of
members;
(2) shall establish an appropriate leadership structure and
office within which the cadre shall be managed; and
(3) shall determine the appropriate officials to whom members
of the cadre shall report.
(c) Assignment.--The Under Secretary of Defense for Acquisition and
Sustainment shall establish processes to assign members of the cadre to
provide--
(1) expertise on matters relating to software development,
acquisition, and sustainment; and
(2) support for appropriate programs or activities of the
Department of Defense.
(d) Administration.--
(1) In general.--The Under Secretary of Defense for Acquisition
and Sustainment, in coordination with the President of the Defense
Acquisition University and in consultation with academia and
industry, shall develop a career path, including development
opportunities, exchanges, talent management programs, and training,
for the cadre. The Under Secretary may use existing personnel and
acquisition authorities to establish the cadre, as appropriate,
including--
(A) section 9903 of title 5, United States Code;
(B) authorities relating to services contracting;
(C) the Intergovernmental Personnel Act of 1970 (42 U.S.C.
4701 et seq.); and
(D) authorities relating to exchange programs with
industry.
(2) Assignments.--Civilian personnel from within the Office of
the Secretary of Defense, Joint Staff, military departments,
Defense Agencies, and combatant commands may be assigned to serve
as members of the cadre.
(3) Preference.--In establishing the cadre, the Under Secretary
shall give preference to civilian employees of the Department of
Defense.
(e) Support of Members of the Armed Forces.--The Under Secretary of
Defense for Acquisition and Sustainment shall continue to support
efforts of the Secretaries concerned to place members of the Armed
Forces in software development, acquisition, and sustainment positions
and develop software competence in members of the Armed Forces,
including those members with significant technical skill sets and
experience but who lack formal education, training, or a technology-
focused military occupation specialty.
(f) Funding.--The Under Secretary of Defense for Acquisition and
Sustainment is authorized to use amounts in the Defense Acquisition
Workforce Development Account (established under section 1705 of title
10, United States Code) for the purpose of recruitment, training, and
retention of members of the cadre, including by using such amounts to
pay salaries of newly hired members of the cadre for up to three years.
(g) Compliance.--In carrying out this section, the Under Secretary
of Defense for Acquisition and Sustainment shall ensure compliance with
applicable total force management policies, requirements, and
restrictions provided in sections 129a, 2329, and 2461 of title 10,
United States Code.
Subtitle E--Provisions Relating to Supply Chain Security
SEC. 841. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE
INTEGRITY OF INDUSTRIAL BASE.
Section 2509 of title 10, United States Code is amended--
(1) in subsection (a)--
(A) by striking ``existing''; and
(B) by striking ``across the acquisition process'' and all
that follows through ``in the Department'';
(2) by striking subsections (f) and (g);
(3) by redesignating subsections (b) through (e) as subsections
(c) through (f), respectively;
(4) by inserting after subsection (a) the following new
subsection:
``(b) Objective.--The objective of subsection (a) shall be to
employ digital tools, technologies, and approaches to ensure the
accessibility of relevant defense industrial base data to key decision-
makers in the Department.'';
(5) in subsection (c), as so redesignated--
(A) in paragraph (1), by adding ``in implementing
subsections (a) and (b)'' before the period at the end; and
(B) in paragraph (2)--
(i) in subparagraph (A)(viii), by inserting ``by the
Secretary of Defense'' before the period at the end; and
(ii) in subparagraph (B)--
(I) in the text preceding clause (i), by striking
``constitute'' and inserting ``constitutes or may
constitute'' ; and
(II) in clause (vii), by inserting ``by the
Secretary of Defense'' before the period at the end;
(6) in subsection (d)(11), as so redesignated, by adding ``as
deemed appropriate by the Secretary'' before the period at the end;
and
(7) in subsection (e), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``timely''; and
(ii) in subparagraph (B)--
(I) by striking clause (ii) and inserting the
following new clause:
``(ii) A description of modern data infrastructure, tools, and
applications and an assessment of the extent to which new
capabilities would improve the effectiveness and efficiency of
mitigating the risks described in subsection (c)(2).''; and
(II) in clause (iii), by inserting ``, including
the following'' after ``provides data''; and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2)(A) Based on the findings pursuant to paragraph (1), the
Secretary of Defense shall develop a unified set of activities to
modernize the systems of record, data sources and collection
methods, and data exposure mechanisms. The unified set of
activities should include--
``(i) the ability to continuously collect data on, assess,
and mitigate risks;
``(ii) data analytics and business intelligence tools and
methods; and
``(iii) continuous development and continuous delivery of
secure software to implement the activities.
``(B) In connection with the assessments described in this
section, the Secretary shall develop capabilities to map supply
chains and to assess risks to the supply chain for major end items
by business sector, vendor, program, part, and other metrics as
determined by the Secretary.''.
SEC. 842. MODIFICATION TO ANALYSES OF CERTAIN ACTIVITIES FOR ACTION
TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY.
Section 849 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``Not later than January
15, 2022,'' and inserting ``With respect to items listed in
paragraphs (1) through (13) of subsection (c), not later than
January 15, 2022, and with respect to items listed in
paragraphs (14) through (19) of such subsection, not later than
January 15, 2023,''; and
(B) in paragraph (2)--
(i) by striking ``The Secretary of Defense'' and
inserting ``With respect to items listed in paragraphs (1)
through (13) of subsection (c), during the 2022 calendar
year, and with respect to items listed in paragraphs (14)
through (19) of such subsection, during the 2023 calendar
year''; and
(ii) by striking ``submitted during the 2022 calendar
year''; and
(2) in subsection (c), by adding at the end the following new
paragraphs:
``(14) Beef products.
``(15) Molybdenum and molybdenum alloys.
``(16) Optical transmission equipment, including optical fiber
and cable equipment.
``(17) Armor on tactical ground vehicles.
``(18) Graphite processing.
``(19) Advanced AC-DC power converters.''.
SEC. 843. ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.
(a) In General.--Before awarding a contract to an offeror for the
supply of fuel for any overseas contingency operation, the Secretary of
Defense shall--
(1) ensure, to the maximum extent practicable, that no
otherwise responsible offeror is disqualified for such award on the
basis of an unsupported denial of access to a facility or equipment
by the host nation government; and
(2) require assurances that the offeror will comply with the
requirements of subsections (b) and (c).
(b) Requirement.--An offeror for the supply of fuel for any
overseas contingency operation shall--
(1) certify that the provided fuel, in whole or in part, or
derivatives of such fuel, is not sourced from a nation or region
prohibited from selling petroleum to the United States; and
(2) furnish such records as are necessary to verify compliance
with such anticorruption statutes and regulations as the Secretary
determines necessary, including--
(A) the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et
seq.);
(B) the regulations contained in parts 120 through 130 of
title 22, Code of Federal Regulations, or successor regulations
(commonly known as the ``International Traffic in Arms
Regulations'');
(C) the regulations contained in parts 730 through 774 of
title 15, Code of Federal Regulations, or successor regulations
(commonly known as the ``Export Administration Regulations'');
and
(D) such regulations as may be promulgated by the Office of
Foreign Assets Control of the Department of the Treasury.
(c) Applicability.--Subsections (a) and (b) of this section shall
apply with respect to contracts entered into on or after the date of
the enactment of this Act.
(d) Consideration of Tradeoff Processes.--If the Secretary of
Defense awards a contract for fuel procurement for an overseas
contingency operation, the contracting officer for such contract shall
consider tradeoff processes (as described in subpart 15 of the Federal
Acquisition Regulation, or any successor regulation), including
consideration of past performance evaluation, cost, anticorruption
training, and compliance. With respect to any such contract awarded for
which the contracting officer does not consider tradeoff processes, the
contracting officer shall, before issuing a solicitation for such
contract, submit to the Secretary a written justification for not
considering tradeoff processes in awarding such contract.
SEC. 844. ASSESSMENT OF REQUIREMENTS FOR CERTAIN ITEMS TO ADDRESS
SUPPLY CHAIN VULNERABILITIES.
(a) Definitions.--In this section, the term ``dual-use'' has the
meaning given in section 2500 of title 10, United States Code.
(b) Assessment.--The Secretary of Defense shall assess the
requirements of the Department of Defense for dual-use items covered by
section 2533a of title 10, United States Code.
(c) Policies.--The Secretary of Defense shall develop or revise and
implement relevant policies to track and reduce fluctuations in supply
chain forecasting and encourage predictable demand requirements for
annual procurements of such dual-use items by the Office the Secretary
of Defense, each military department, and the Defense Logistics Agency.
(d) Report and Briefings.--
(1) Assessment report.--
(A) In general.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional defense
committees a report on the findings of the assessment conducted
under subsection (b).
(B) Form.--The report required by subparagraph (A) shall be
submitted in an unclassified form, but may include a classified
annex to the extent required to protect the national security
of the United States.
(2) Quarterly briefings.--
(A) In general.--Not later than March 1, 2023, and
quarterly thereafter until March 1, 2026, each Secretary of a
military department and the Director of the Defense Logistics
Agency shall brief the Under Secretary of Defense for
Acquisition and Sustainment on the fluctuations in supply chain
forecasting and demand requirements for each dual-use item
covered by section 2533a of title 10, United States Code.
(B) Documentation.--Each briefing under subparagraph (A)
shall be accompanied by documentation regarding the particular
points of discussion for that briefing, including the
fluctuations described in such subparagraph, expressed as a
percentage.
SEC. 845. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT
PRIORITIES.
The Secretary of Defense shall cooperate with the Secretary of
Energy to ensure that the priorities of the Department of Defense with
respect to the research and development of alternative technologies to,
and methods for the extraction, processing, and recycling of, critical
minerals (as defined in section 2(b) of the National Materials and
Minerals Policy, Research, and Development Act of 1980 (30 U.S.C.
1601(b))) are considered and included where feasible in the associated
research and development activities funded by the Secretary of Energy
pursuant to the program established under paragraph (g) of section 7002
of division Z of the Consolidated Appropriations Act, 2021 (Public Law
116-260).
SEC. 846. REPORT ON THE MANUFACTURING ENGINEERING EDUCATION
PROGRAM.
(a) Report Required.--Not later than March 1, 2023, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the Under Secretary of Defense for Research and Engineering, shall
submit to the congressional defense committees a report on the
Manufacturing Engineering Education Program established under section
2196 of title 10, United States Code (referred to in this section as
the ``Program'').
(b) Elements.--The report required under subsection (a) shall
include the following elements for the Program:
(1) A summary of activities conducted, and grants or awards
made, during the previous fiscal year.
(2) The extent to which the Program can be modified to improve
collaboration among institutions of higher education, career and
technical education programs, workforce development boards, labor
organizations, and organizations representing defense industrial
base contractors to focus on career pathways for individuals
seeking careers in manufacturing.
(3) An assessment of the benefits and costs of enhancing or
expanding the Program to include individuals attending secondary
schools and career and technical education programs not considered
institutions of higher education.
(4) Recommendations for legislative changes or other incentives
that could improve career pathways for individuals seeking careers
in manufacturing, particularly in support of the defense industrial
base.
(5) Other related matters the Secretary deems appropriate.
(c) Definitions.--In this section:
(1) The term ``career and technical education'' has the meaning
given such term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(2) The term ``defense industrial base contractor'' means a
prime contractor or subcontractor (at any tier) in the defense
industrial base.
(3) The term ``institution of higher education'' has the
meaning given such term in section 1001 of title 20, United States
Code.
(4) The term ``labor organization'' has the meaning given such
term in section 2 of the National Labor Relations Act (29 14 U.S.C.
152).
(5) The term ``workforce development board'' means a State
board or a local board, as such terms are defined in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 847. PLAN AND REPORT ON REDUCTION OF RELIANCE ON SERVICES,
SUPPLIES, OR MATERIALS FROM COVERED COUNTRIES.
(a) Plan.--The Secretary of Defense, in consultation with the
Secretary of State, shall develop and implement a plan to--
(1) reduce the reliance of the United States on services,
supplies, or materials obtained from sources located in geographic
areas controlled by covered countries; and
(2) mitigate the risks to national security and the defense
supply chain arising from the reliance of the United States on such
sources for services, supplies, or materials to meet critical
defense requirements.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing the plan required
under subsection (a).
(c) Covered Country Defined.--In this section, the term ``covered
country'' means North Korea, China, Russia, and Iran.
SEC. 848. PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG
UYGHUR AUTONOMOUS REGION.
(a) Prohibition on the Availability of Funds for Certain
Procurements From XUAR.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2022 for the Department of Defense may be obligated or expended to
knowingly procure any products mined, produced, or manufactured wholly
or in part by forced labor from XUAR or from an entity that has used
labor from within or transferred from XUAR as part of a ``poverty
alleviation'' or ``pairing assistance'' program.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue rules to
require a certification from offerors for contracts with the Department
of Defense stating the offeror has made a good faith effort to
determine that forced labor from XUAR, as described in subsection (a),
was not or will not be used in the performance of such contract.
(c) Definitions.--In this section:
(1) The term ``forced labor'' means all work or service which
is exacted from any person under the menace of any penalty for its
nonperformance and for which the worker does not offer himself
voluntarily.
(2) The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group; or
(B) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A).
(3) The term ``XUAR'' means the Xinjiang Uyghur Autonomous
Region of the People's Republic of China.
Subtitle F--Industrial Base Matters
SEC. 851. MODIFICATIONS TO PRINTED CIRCUIT BOARD ACQUISITION
RESTRICTIONS.
(a) In General.--Section 2533d of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``January 1, 2023'' and
inserting ``the date determined under paragraph (3)''; and
(B) by adding at the end the following new paragraph:
``(3) Paragraph (1) shall take effect on January 1, 2027.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``specified type of'' after ``means any'';
(ii) in subparagraph (A), by striking ``(as such terms
are defined under sections 103 and 103a of title 41,
respectively)''; and
(iii) by amending subparagraph (B) to read as follows:
``(B) is a component of--
``(i) a defense security system; or
``(ii) a system, other than a defense security system,
that transmits or stores information and which the
Secretary identifies as national security sensitive in the
contract under which such printed circuit board is
acquired.''; and
(B) by adding at the end the following new paragraphs:
``(4) Commercial product; commercial service; commercially
available off-the shelf item.--The terms `commercial product',
`commercial service', and `commercially available off-the-shelf
item' have the meanings given such terms in sections 103, 103a, and
104 of title 41, respectively.
``(5) Defense security system.--
``(A) The term `defense security system' means an
information system (including a telecommunications system) used
or operated by the Department of Defense, by a contractor of
the Department, or by another organization on behalf of the
Department, the function, operation, or use of which--
``(i) involves command and control of an armed force;
``(ii) involves equipment that is an integral part of a
weapon or weapon system; or
``(iii) subject to subparagraph (B), is critical to the
direct fulfillment of military missions.
``(B) Subparagraph (A)(iii) does not include a system that
is to be used for routine administrative and business
applications (including payroll, finance, logistics, and
personnel management applications).
``(6) Specified type.--The term `specified type' means a
printed circuit board that is--
``(A) a component of an electronic device that facilitates
the routing, connecting, transmitting or securing of data and
is commonly connected to a network, and
``(B) any other end item, good, or product specified by the
Secretary in accordance with subsection (d)(2).''; and
(3) by amending subsection (d) to read as follows:
``(d) Rulemaking.--
``(1) The Secretary may issue rules providing that subsection
(a) may not apply with respect to an acquisition of commercial
products, commercial services, and commercially available off-the-
shelf items if--
``(A) the contractor is capable of meeting minimum
requirements that the Secretary deems necessary to provide for
the security of national security networks and weapon systems;
including, at a minimum, compliance with section 224 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 2302 note); and
``(B) either--
``(i) the Government and the contractor have agreed to
a contract requiring the contractor to take certain actions
to ensure the integrity and security of the item, including
protecting the item from unauthorized access, use,
disclosure, disruption, modification, or destruction; or
``(ii) the Secretary has determined that the contractor
has adopted such procedures, tools, and methods for
identifying the sources of components of such item, based
on commercial best practices, that meet or exceed the
applicable trusted supply chain and operational security
standards of the Department of Defense.
``(2) The Secretary may issue rules specifying end items,
goods, and products for which a printed circuit board that is a
component thereof shall be a specified type if the Secretary has
promulgated final regulations, after an opportunity for notice and
comment that is not less than 12 months, implementing this section.
``(3) In carrying out this section, the Secretary shall, to the
maximum extent practicable, avoid imposing contractual
certification requirements with respect to the acquisition of
commercial products, commercial services, or commercially available
off-the-shelf items.''.
(b) Modification of Independent Assessment of Printed Circuit
Boards.--Section 841(d) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in paragraph (1)--
(A) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022'';
(B) by striking ``shall seek to enter'' and inserting
``shall enter'';
(C) by striking ``to include printed circuit boards in
commercial products or services, or in'' and inserting ``to
include printed circuit boards in other commercial or''; and
(D) by striking ``the scope of mission critical'' and all
that follows through the period at the end and inserting
``types of systems, other than defense security systems (as
defined in section 2533d(c) of title 10, United States Code),
that should be subject to the prohibition in section 2533d(a)
of title 10, United States Code.'';
(2) in the heading for paragraph (2), by striking ``department
of defense'' and inserting ``Department of defense'';
(3) in paragraph (2), by striking ``one year after entering
into the contract described in paragraph (1)'' and inserting
``January 1, 2023'';
(4) in the heading for paragraph (3), by striking ``congress''
and inserting ``Congress''; and
(5) in paragraph (3), by inserting after ``the recommendations
of the report.'' the following: ``The Secretary shall use the
report to determine whether any systems, other than defense
security systems (as defined in section 2533d(c) of title 10,
United States Code), or other types of printed circuit boards
should be subject to the prohibition in section 2533d(a) of title
10, United States Code.''.
SEC. 852. MODIFICATION OF PILOT PROGRAM FOR DEVELOPMENT OF
TECHNOLOGY-ENHANCED CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.
Section 851 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1510; 10 U.S.C. 2283 note) is
amended to read as follows:
``SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED
CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.
``(a) Establishment.--The Secretary of Defense may authorize the
Commander of the United States Special Operations Command to use funds
described in subsection (b) for a pilot program under which the
Commander shall make, through the use of a partnership intermediary,
covered awards to small business concerns to develop technology-
enhanced capabilities for special operations forces.
``(b) Funds.--
``(1) In general.--The funds described in this subsection are
funds transferred to the Commander of the United States Special
Operations Command to carry out the pilot program established under
this section from funds available to be expended by each covered
entity pursuant to section 9(f) of the Small Business Act (15
U.S.C. 638(f)).
``(2) Limitations.--
``(A) Fiscal year.--A covered entity may not transfer to
the Commander an amount greater than 10 percent of the funds
available to be expended by such covered entity pursuant to
such section 9(f) for a fiscal year.
``(B) Aggregate amount.--The aggregate amount of funds to
be transferred to the Commander may not exceed $20,000,000.
``(c) Partnership Intermediaries.--
``(1) Authorization.--The Commander may modify an existing
agreement with a partnership intermediary to assist the Commander
in carrying out the pilot program under this section, including
with respect to the award of contracts and agreements to small
business concerns.
``(2) Limitation.--None of the funds described in subsection
(b) may be used to pay a partnership intermediary for any costs
associated with the pilot program.
``(3) Data.--With respect to a covered award made under this
section, the Commander shall gather data on the role of the
partnership intermediary to include the--
``(A) staffing structure;
``(B) funding sources; and
``(C) methods for identifying and evaluating small business
concerns eligible for a covered award.
``(d) Report.--
``(1) Annual report.--Not later than October 1 of each year
until October 1, 2026, the Commander of the United States Special
Operations Command, in coordination with the Under Secretary of
Defense for Research and Engineering, shall submit to the
congressional defense committees, the Committee on Small Business
of the House of Representatives, and the Committee on Small
Business and Entrepreneurship of the Senate a report including--
``(A) a description of each agreement with a partnership
intermediary entered into pursuant to this section;
``(B) for each covered award made under this section--
``(i) a description of the role served by the
partnership intermediary;
``(ii) the amount of funds obligated;
``(iii) an identification of the small business concern
that received such covered award;
``(iv) a description of the use of such covered award;
``(v) a description of the role served by the program
manager (as defined in section 1737 of title 10, United
States Code) of the covered entity with respect to the
small business concern that received such covered award,
including a description of interactions and the process of
the program manager in producing a past performance
evaluation of such concern; and
``(vi) the benefits achieved as a result of the use of
a partnership intermediary for the pilot program
established under this section as compared to previous
efforts of the Commander to increase participation by small
business concerns in the development of technology-enhanced
capabilities for special operations forces; and
``(C) a plan detailing how each covered entity will apply
lessons learned from the pilot program to improve processes for
directly working with and supporting small business concerns to
develop technology-enhanced capabilities for special operations
forces.
``(2) Final report.--The final report required under this
subsection shall include, along with the requirements of paragraph
(1), a recommendation regarding--
``(A) whether and for how long the pilot program
established under this section should be extended; and
``(B) whether to increase funding for the pilot program,
including a justification for such an increase.
``(e) Termination.--The authority to carry out a pilot program
under this section shall terminate on September 30, 2025.
``(f) Definitions.--In this section:
``(1) The term `covered award' means an award made under the
Small Business Innovation Research Program.
``(2) The term `covered entity' means--
``(A) the Army;
``(B) the Navy;
``(C) the Air Force;
``(D) the Marine Corps;
``(E) the Space Force; and
``(F) any element of the Department of Defense that makes
awards under the Small Business Innovation Research Program.
``(3) The term `partnership intermediary' has the meaning given
the term in section 23(c) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3715(c)).
``(4) The term `small business concern' has the meaning given
the term under section 3 of the Small Business Act (15 U.S.C. 632).
``(5) The term `Small Business Innovation Research Program' has
the meaning given the term in section 9(e) of the Small Business
Act (15 U.S.C. 638(e)).
``(6) The term `technology-enhanced capability' means a
product, concept, or process that improves the ability of a member
of the Armed Forces to achieve an assigned mission.''.
SEC. 853. ADDITIONAL TESTING OF COMMERCIAL E-COMMERCE PORTAL
MODELS.
Section 846(c) of the National Defense Authorization Act for Fiscal
Year 2018 (41 U.S.C. 1901 note) is amended by adding at the end the
following new paragraphs:
``(5) Additional testing.--Not later than 180 days after the
date of the enactment of this paragraph, the Administrator shall--
``(A) begin testing commercial e-commerce portal models
(other than any such model selected for the initial proof of
concept) identified pursuant to paragraph (2); and
``(B) submit to the congressional defense committees, the
Committee on Oversight and Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes--
``(i) a summary of the assessments conducted under
paragraph (2) with respect to a commercial e-commerce
portal model identified pursuant to such paragraph;
``(ii) a list of the types of commercial products that
could be procured using models tested pursuant to
subparagraph (A);
``(iii) an estimate of the amount that could be spent
by the head of a department or agency under the program,
disaggregated by type of commercial e-commerce portal
model; and
``(iv) an update on the models tested pursuant to
subparagraph (A) and a timeline for completion of such
testing.
``(6) Report.--Upon completion of testing conducted under
paragraph (5) and before taking any action with respect to the
commercial e-commerce portal models tested, the Administrator of
General Services shall submit to the congressional defense
committees, the Committee on Oversight and Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate, a report on the results of such
testing that includes--
``(A) an assessment and comparison of commercial e-commerce
portal models with respect to--
``(i) price and quality of the commercial products
supplied by each commercial e-commerce portal model;
``(ii) supplier reliability and service;
``(iii) safeguards for the security of Government
information and third-party supplier proprietary
information;
``(iv) protections against counterfeit commercial
products;
``(v) supply chain risks, particularly with respect to
complex commercial products; and
``(vi) overall adherence to Federal procurement rules
and policies; and
``(B) an analysis of the costs and benefits of the
convenience to the Federal Government of procuring commercial
products from each such commercial e-commerce portal model.''.
SEC. 854. REQUIREMENT FOR INDUSTRY DAYS AND REQUESTS FOR
INFORMATION TO BE OPEN TO ALLIED DEFENSE CONTRACTORS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, each service acquisition executive shall
implement a requirement that industry days and requests for information
regarding acquisition programs and research and development efforts of
the Department of Defense shall, to the maximum extent practicable, be
open to defense contractors of the national technology and industrial
base, including when such contractors are acting as subcontractors in
partnership with a United States contractor, provided such access is
granted only if the Secretary of Defense or the relevant Secretary
concerned determines that there is reciprocal access for United States
companies to equivalent information related to contracting
opportunities in the associated country that is part of the national
technology and industrial base.
(b) Definitions.--In this section:
(1) National technology and industrial base.--The term
``national technology and industrial base'' has the meaning given
the term in section 2500 of title 10, United States Code.
(2) Secretary concerned; service acquisition executive.--The
terms ``Secretary concerned'' and ``service acquisition executive''
have the meanings given such terms in section 101(a) of title 10,
United States Code.
SEC. 855. EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS WHO PERFORM
WORK IN THE PEOPLE'S REPUBLIC OF CHINA.
(a) Disclosure Requirements.--
(1) Initial disclosures.--The Secretary of Defense shall
require each covered entity to disclose to the Secretary of Defense
if the entity employs one or more individuals who will perform work
in the People's Republic of China on a covered contract when the
entity submits a bid or proposal for such covered contract, except
that such disclosure shall not be required to the extent that the
Secretary determines that such disclosure would not be in the
interest of national security.
(2) Recurring disclosures.--For each of fiscal years 2023 and
2024, the Secretary of Defense shall require each covered entity
that is a party to one or more covered contracts in the fiscal year
to disclose to the Secretary if the entity employs one or more
individuals who perform work in the People's Republic of China on
any such contract.
(3) Matters to be included.--If a covered entity required to
make a disclosure under paragraph (1) or (2) employs any individual
who will perform work in the People's Republic of China on a
covered contract, such disclosure shall include--
(A) the total number of such individuals who will perform
work in the People's Republic of China on the covered contracts
funded by the Department of Defense; and
(B) a description of the physical presence in the People's
Republic of China where work on the covered contract will be
performed.
(b) Funding for Covered Entities.--The Secretary of Defense may not
award a covered contract to, or renew a covered contract with, a
covered entity unless such covered entity has submitted each disclosure
such covered entity is required to submit under subsection (a).
(c) Semi-annual Briefing.--Beginning on January 1, 2023, the
Secretary of Defense shall provide to the congressional defense
committees semi-annual briefings that summarize the disclosures
received by the Department over the previous 180 days pursuant to this
section, and such briefings may be classified.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means any
Department of Defense contract or subcontract with a value in
excess of $5,000,000, excluding contracts for commercial products
or services.
(2) Covered entity.--The term ``covered entity'' means any
corporation, company, limited liability company, limited
partnership, business trust, business association, or other similar
entity, including any subsidiary thereof, performing work on a
covered contract in the People's Republic of China, including by
leasing or owning real property used in the performance of the
covered contract in the People's Republic of China.
(e) Effective Date.--This section shall take effect on July 1,
2022.
SEC. 856. BRIEFING ON COMPLIANCE WITH CONTRACTOR LOBBYING
RESTRICTIONS.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide the
congressional defense committees with a briefing on the progress of the
Department in ensuring compliance with the requirements of section 1045
of the National Defense Authorization Act for Fiscal Year 2018 (10
U.S.C. 971 note prec; Public Law 115-91; 131 Stat. 155).
(b) Elements.--The briefing required in paragraph (a) shall
include--
(1) the number, title, and status of any open Defense Federal
Acquisition Regulation Supplement case relating to such section;
(2) the timeline for closing any such Defense Federal
Acquisition Regulation Supplement case; and
(3) other related matters the Secretary deems appropriate.
SEC. 857. CONGRESSIONAL OVERSIGHT OF PERSONNEL AND CONTRACTS OF
PRIVATE SECURITY CONTRACTORS.
(a) Report on Actions Taken to Implement Government Accountability
Office Recommendations.--Not later than October 1, 2022, the Secretary
of Defense, in consultation with each Secretary of a military
department (as defined in section 101 of title 10, United States Code),
shall submit to the congressional defense committees a report on the
efforts and plans of the Department of Defense to implement the
recommendations contained in the report of the Government
Accountability Office titled ``Private Security Contractors: DOD Needs
to Better Identify and Monitor Personnel and Contracts'' (GAO-21-255),
dated July 29, 2021.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a summary of the actions planned or taken by the Secretary
of Defense to implement the recommendations in the report of the
Government Accountability Office described in such subsection; and
(2) a schedule for completing the implementation of each such
recommendation, including specific milestones for such
implementation.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
Subtitle G--Small Business Matters
SEC. 861. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC
INFLATION ADJUSTMENTS TO THE ACQUISITION-RELATED DOLLAR
THRESHOLD.
(a) In General.--Section 1908(b)(2) of title 41, United States
Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) in sections 3131 through 3134 of title 40, except any
modification of any such dollar threshold made by regulation in
effect on the date of the enactment of this subparagraph shall
remain in effect.''.
(b) Technical Amendment.--Section 1908(d) of such title is amended
by striking the period at the end.
SEC. 862. MODIFICATION TO THE PILOT PROGRAM FOR STREAMLINING AWARDS
FOR INNOVATIVE TECHNOLOGY PROJECTS.
(a) Extension.--Subsection (f) of section 873 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2306a note) is amended by striking ``October 1, 2022'' and
inserting ``October 1, 2024''.
(b) Data Collection.--The Secretary of Defense shall develop and
implement a plan to collect and analyze data on the use of authority
under such section 873 for the purposes of--
(1) developing and sharing best practices; and
(2) providing information to the Secretary of Defense and
Congress on the use of authority under such section 873 and related
policy issues.
(c) Recommendation on Extension.--Not later than April 1, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a recommendation regarding a further extension of the pilot
program for streamlining awards for innovative technology projects
established under such section 873, and if applicable, the duration of
any such extension.
SEC. 863. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF BUSINESS
CONCERNS.
Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Determinations regarding status of concerns.--
``(A) In general.--Not later than 2 days after the date on
which a final determination that a business concern does not
meet the requirements of the status such concern claims to hold
is made, such concern or the Administrator, as applicable,
shall update the status of such concern in the System for Award
Management (or any successor system).
``(B) Administrator updates.--If such concern fails to
update the status of such concern as described in subparagraph
(A), not later than 2 days after such failure the Administrator
shall make such update.
``(C) Notification.--A concern required to make an update
described under subparagraph (A) shall notify a contracting
officer for each contract with respect to which such concern
has an offer or bid pending of the determination made under
subparagraph (A), if the concern finds, in good faith, that
such determination affects the eligibility of the concern to
perform such a contract.''.
SEC. 864. AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS TO
DECIDE APPEALS RELATING TO QUALIFIED HUBZONE SMALL BUSINESS
CONCERNS.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Small Business Administration shall issue a
rule authorizing the Office of Hearings and Appeals of the
Administration to decide all appeals from formal protest determinations
in connection with the status of a concern as a qualified HUBZone small
business concern (as such term is defined in section 31(b) of the Small
Business Act (15 U.S.C. 657a(b)).
SEC. 865. REPORT ON UNFUNDED PRIORITIES OF THE SMALL BUSINESS
INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER
PROGRAM.
(a) In General.--Not later than 10 days after the date on which the
budget of the President for fiscal years 2022 through 2032 is submitted
to Congress pursuant to section 1105 of title 31, United States Code,
each Secretary of a military department and the Under Secretary of
Defense for Research and Engineering shall submit to the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, and the
congressional defense committees a report on unfunded priorities of the
Department of Defense related to high-priority Small Business
Innovation Research and Small Business Technology Transfer projects.
(b) Elements.--
(1) In general.--Each report under subsection (a) shall include
identification of not more than five unfunded priority projects and
the following information for each such unfunded priority project:
(A) A summary description of the unfunded priority project,
including the objectives to be achieved if such project were to
be funded (either in whole or in part).
(B) The additional amount of funds recommended to achieve
the objectives identified under subparagraph (A).
(C) Account information with respect to such unfunded
priority project, including, as applicable, the following:
(i) Line item number, in the case of applicable
procurement accounts.
(ii) Program element number, in the case of applicable
research, development, test, and evaluation accounts.
(iii) Subactivity group, in the case of applicable
operation and maintenance accounts.
(2) Priority.--Each Secretary of a military department and the
Under Secretary of Defense for Research and Engineering shall
ensure that the unfunded priorities covered by a report submitted
under subsection (a) are listed in the order of urgency of
priority.
(c) Definitions.--In this section:
(1) Unfunded priority.--The term ``unfunded priority'', with
respect to a fiscal year, means a specific project related to a
project successfully funded under Phase II of the Small Business
Innovation Research or Small Business Technology Transfer program
that--
(A) is not funded in the budget of the President for that
fiscal year, as submitted to Congress pursuant to section 1105
of title 31, United States Code;
(B) has the potential to--
(i) advance the national security capabilities of the
United States;
(ii) provide new technologies or processes, or new
applications of existing technologies or processes, that
will enable new alternatives to existing programs; and
(iii) provide future cost savings; and
(C) would have been recommended for funding through the
budget referred to in subparagraph (A) if--
(i) additional resources had been available to fund the
program, activity, or mission requirement to which the
specific project relates; or
(ii) the program, activity, or mission requirement for
such specific project had emerged before the budget was
formulated.
(2) Phase ii; small business innovation research; small
business technology transfer.--The terms ``Phase II'', ``Small
Business Innovation Research'', and ``Small Business Technology
Transfer'' have the meanings given such terms, respectively, in
section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
SEC. 866. REPORT ON CYBERSECURITY MATURITY MODEL CERTIFICATION
EFFECTS ON SMALL BUSINESS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees, the Committee on Small Business and Entrepreneurship of the
Senate, and the Committee on Small Business of the House of
Representatives a report on the effects of the Cybersecurity Maturity
Model Certification framework of the Department of Defense on small
business concerns (as defined under section 3 of the Small Business Act
(15 U.S.C. 632), including--
(1) the estimated costs of complying with each level of the
framework based on verified representative samples of actual costs
of compliance small business concerns and an explanation of how
these costs will be recoverable by such small business concerns;
(2) the estimated change in the number of small business
concerns that are part of the defense industrial base resulting
from the implementation and use of the framework;
(3) explanations of how the Department of Defense will--
(A) mitigate negative effects to such small business
concerns resulting from the implementation and use of the
framework;
(B) ensure small business concerns are trained on the
requirements for passing a third-party assessment, self-
assessment, or Government-assessment, as applicable, for
compliance with the relevant level of the framework; and
(C) work with small business concerns and nontraditional
defense contractors (as defined under section 2302 of title 10,
United States Code) to enable such concerns and contractors to
bid on and win contracts with the Department without first
having to risk funds on costly security certifications; and
(4) the plan of the Department for conducting oversight of
third parties conducting assessments of compliance with the
applicable protocols under the framework.
SEC. 867. DATA ON PHASE III SMALL BUSINESS INNOVATION RESEARCH AND
SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM AWARDS.
(a) Definitions.--In this section, the terms ``Phase I'', ``Phase
II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings given
those terms in section 9(e) of the Small Business Act (15 U.S.C.
638(e)).
(b) Data on Phase III Awards.--Each Secretary of a military
department (as defined in section 101 of title 10, United States Code)
shall collect and submit to the President for inclusion in each budget
submitted to Congress under section 1105 of title 31, United States
Code, data on the Phase III awards under the SBIR and STTR programs of
the military department of the Secretary for the immediately preceding
fiscal year, including--
(1) the cumulative funding amount for Phase III awards;
(2) the number of Phase III award topics;
(3) the total funding obligated for Phase III awards by State;
(4) the original Phase I or Phase II award topics and the
associated Phase III contracts awarded;
(5) where possible, an identification of the specific program
executive office involved in each Phase III transition; and
(6) a list of the five highest performing projects, as
determined by the Secretary.
Subtitle H--Other Matters
SEC. 871. MISSION MANAGEMENT PILOT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Defense shall establish a pilot program to identify
lessons learned and improved mission outcomes achieved by quickly
delivering solutions that fulfill critical operational needs arising
from cross-service missions undertaken by combatant commands through
the use of a coordinated and iterative approach to develop, evaluate,
and transition such solutions.
(b) Missions Selection.--
(1) In general.--Except as provided in paragraph (3), the
Deputy Secretary of Defense shall select missions with respect to
which to carry out the pilot program.
(2) Selection criteria.--When selecting missions under
paragraph (1), the Deputy Secretary of Defense shall--
(A) select missions with critical cross-service operational
needs; and
(B) consider--
(i) the strategic importance of the critical cross-
service operational needs to the operational plans of the
relevant combatant commands; and
(ii) the advice of key stakeholders, including the
Joint Staff, regarding mission selection.
(3) Initial mission.--
(A) In general.--Not later than four months after the date
of the enactment of this section, the Director of the Strategic
Capabilities Office shall select the initial mission under the
pilot program that has critical cross-service operational needs
and which is of strategic importance to the operational plans
of the United States Indo-Pacific Command.
(B) Responsibility.--The mission selected under
subparagraph (A) shall be established within the Strategic
Capabilities Office of the Department of Defense, in
coordination with the Office of the Under Secretary of Defense
for Research and Engineering.
(C) Mission selection approval.--The mission selected by
the Director of the Strategic Capabilities Office under
subparagraph (A) shall be subject to the approval of the
Technology Cross-Functional Team of the Strategic Capabilities
Office that is chaired by the Under Secretary of Defense for
Research and Engineering.
(c) Mission Managers.--
(1) In general.--A mission manager shall carry out the pilot
program with respect to each mission.
(2) Responsibilities.--With respect to each mission, the
relevant mission manager shall--
(A) identify critical cross-service, cross-program, and
cross-domain operational needs by enumerating the options
available to the combatant command responsible for carrying out
such mission and determining the resiliency of such options to
threats from adversaries;
(B) in coordination with the military services and
appropriate Defense Agencies and Field Activities, develop and
deliver solutions, including software and information
technology solutions and other functionalities unaligned with
any one weapon system of a covered Armed Service, to--
(i) fulfill critical cross-service, cross-program, and
cross-domain operational needs; and
(ii) address future changes to existing critical cross-
service, cross-program, and cross-domain operational needs
by providing additional capabilities;
(C) work with the combatant command responsible for such
mission and the related planning organizers, program managers
of a covered Armed Force, and defense research and development
activities to carry out iterative testing and support to
initial operational fielding of the solutions described in
subparagraph (B);
(D) conduct research, development, test, evaluation, and
transition support activities with respect to the delivery of
the solutions described in subparagraph (B);
(E) seek to integrate existing, emerging, and new
capabilities available to the Department of Defense in the
development of the solutions described in subparagraph (B),
including by incenting and working with program managers of a
covered Armed Force; and
(F) provide to the Deputy Secretary of Defense mission
management activity updates and reporting on the use of funds
under the pilot program with respect to such mission.
(3) Appointment.--Each mission selected under subsection (b)
shall have a mission manager--
(A) appointed at the time of mission approval; and
(B) who may be from any suitable organization, except that
the mission manager with respect the initial mission under
(b)(3) shall be the Director of the Strategic Capabilities
Office.
(4) Iterative approach.--The mission manager shall, to the
extent practicable, carry out the pilot program with respect to
each mission selected under subsection (b) by integrating existing,
emerging, and new military capabilities, and managing a portfolio
of small, iterative development and support to initial operational
fielding efforts.
(5) Other program management responsibilities.--The activities
undertaken by the mission manager with respect to a mission,
including mission management, do not supersede or replace the
program management responsibilities of any other individual that
are related to such missions.
(d) Data Collection Requirement.--The Deputy Secretary of Defense
shall develop and implement a plan to collect and analyze data on the
pilot program for the purposes of--
(1) developing and sharing best practices for applying emerging
technology and supporting new operational concepts to improve
outcomes on key military missions and operational challenges; and
(2) providing information to the leadership of the Department
on the implementation of the pilot program and related policy
issues.
(e) Assessments.--During the five-year period beginning on the date
of the enactment of this Act, the Deputy Secretary of Defense shall
regularly assess--
(1) the authorities required by the mission managers to
effectively and efficiently carry out the pilot program with
respect to the missions selected under subsection (b); and
(2) whether the mission managers have access to sufficient
funding to carry out the research, development, test, evaluation,
and support to initial operational fielding activities required to
deliver solutions fulfilling the critical cross-service, cross-
program, and cross-domain operational needs of the missions.
(f) Briefings.--
(1) Semiannual briefing.--
(A) In general.--Not later than July 1, 2022, and every six
months thereafter until the date that is five years after the
date of the enactment of this Act, the mission manager shall
provide to the congressional defense committees a briefing on
the progress of the pilot program with respect to each mission
selected under subsection (b), the anticipated mission
outcomes, and the funds used to carry out the pilot program
with respect to such mission.
(B) Initial briefing.--The Deputy Secretary of Defense
shall include in the first briefing submitted under
subparagraph (A) a briefing on the implementation of the pilot
program, including--
(i) the actions taken to implement the pilot program;
(ii) an assessment of the pilot program;
(iii) requests for Congress to provide authorities
required to successfully carry out the pilot program; and
(iv) a description of the data plan required under
subsection (d).
(2) Annual briefing.--Not later than one year after the date on
which the pilot program is established, and annually thereafter
until the date that is five years after the date of the enactment
of this Act, the Deputy Secretary of Defense shall submit to the
congressional defense committees a briefing on the pilot program,
including--
(A) the data collected and analysis performed under
subsection (d);
(B) lessons learned;
(C) the priorities for future activities of the pilot
program; and
(D) such other information as the Deputy Secretary
determines appropriate.
(3) Recommendation.--Not later than two years after the date of
the enactment of this Act, the Deputy Secretary of Defense shall
submit to Congress a briefing on the recommendations of the Deputy
Secretary with respect to the pilot program and shall concurrently
submit to Congress--
(A) a written assessment of the pilot program;
(B) a written recommendation on continuing or expanding the
mission integration pilot program;
(C) requests for Congress to provide authorities required
to successfully carry out the pilot program; and
(D) the data collected and analysis performed under
subsection (d).
(g) Transition.--Beginning in fiscal year 2025, the Deputy
Secretary of Defense may transition responsibilities for research,
development, test, evaluation, and support to initial operational
fielding activities started under the pilot program to other elements
of the Department for purposes of delivering solutions fulfilling
critical cross-service, cross-program, and cross-domain operational
needs.
(h) Termination Date.--The pilot program shall terminate on the
date that is five years after the date of the enactment of this Act.
(i) Rule of Construction.--Nothing in this section shall be
construed as providing any authority not otherwise provided by law to
procure, or enter agreements to procure, any goods, materials, or
services.
(j) Definitions.--In this section:
(1) Covered armed force.--The term ``covered Armed Force''
means--
(A) the Army;
(B) the Navy;
(C) the Air Force;
(D) the Marine Corps; or
(E) the Space Force.
(2) Cross-functional teams of the strategic capabilities
office.--The term ``Cross-Functional Teams of the Strategic
Capabilities Office'' means the teams established in the Strategic
Capabilities Office of the Department of Defense pursuant to
section 233(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1277; 10 U.S.C. 132 note).
(3) Cross-service.--The term ``cross-service'' means pertaining
to multiple covered Armed Forces.
(4) Cross-domain.--The term ``cross-domain'' means pertaining
to multiple operational domains of land, maritime, air, space, and
cyberspace.
(4) Cross-service operational need.--The term ``cross-service
operational need'' means an operational need arising from a mission
undertaken by a combatant command which involves multiple covered
Armed Forces.
(5) Defense agency; military department.--The terms ``Defense
Agency'' and ``military department'' have the meanings given such
terms in section 101(a) of title 10, United States Code.
(6) Field activity.--The term ``Field Activity'' has the
meaning given the term ``Department of Defense Field Activity'' in
section 101(a) of title 10, United States Code.
(7) Mission management.--The term ``mission management'' means
the integration of materiel, digital, and operational elements to
improve defensive and offensive options and outcomes for a specific
mission or operational challenge.
(8) Pilot program.--The term ``pilot program'' means the pilot
program established under subsection (a).
SEC. 872. ESTABLISHMENT OF MISSION-ORIENTED PILOT PROGRAMS TO CLOSE
SIGNIFICANT CAPABILITIES GAPS.
(a) In General.--The Secretary of Defense shall establish, within
the Strategic Capabilities Office of the Office of the Secretary of
Defense, not fewer than two mission-oriented integration pilot programs
with the objective of closing significant capabilities gaps by
developing and implementing capabilities and by synchronizing and
integrating missions across covered Armed Forces and Defense Agencies.
(b) Elements.--The pilot programs established under subsection (a)
shall--
(1) seek to address specific outstanding operational challenges
of high importance to the operational plans of the United States
Indo-Pacific Command and the United States European Command;
(2) be designed to leverage industry cost sharing by using
sources such as private equity and venture capital funding to
develop technologies and overall capabilities that resolve
significant capability gaps for delivery to the Department of
Defense, as a product or as a service;
(3) not later than three years after the date on which the
pilot program commences, demonstrate the efficacy of the solutions
being developed under the pilot program;
(4) deliver an operational capability not later than five years
after the pilot program commences;
(5) provide an operationally relevant solution for--
(A)(i) maintaining resilient aircraft operations in and
around Guam in the face of evolving regional threats, including
large salvo supersonic and hypersonic missile threats; or
(ii) an operational challenge of similar strategic
importance and relevance to the responsibilities and plans of
the United States Indo-Pacific Command or the United States
European Command; and
(B)(i) providing a resilient logistic and resupply
capability in the face of evolving regional threats, including
operations within an anti-access-area denial environment; or
(ii) an operational challenge of similar strategic
importance and relevance to the responsibilities and plans of
the United States Indo-Pacific Command; and
(6) incorporate--
(A) existing and planned Department of Defense systems and
capabilities to achieve mission objectives; and
(B) to the extent practicable, technologies that have
military applications and the potential for nonmilitary
applications.
(c) Role of Strategic Capabilities Office.--
(1) In general.--With respect to the pilot programs established
under subsection (a), the Director of the Strategic Capabilities
Office, in consultation with the Under Secretary of Defense for
Research and Engineering, shall--
(A) assign mission managers or program managers--
(i) to coordinate and collaborate with entities awarded
contracts or agreements under the pilot program, parties to
cost sharing agreements for such awarded contracts or
agreements, combatant commands, and military departments to
define mission requirements and solutions; and
(ii) to coordinate and monitor pilot program
implementation;
(B) provide technical assistance for pilot program
activities, including developing and implementing metrics,
which shall be used--
(i) to assess each operational challenge such pilot
programs are addressing; and
(ii) to characterize the resilience of solutions being
developed under the pilot programs to known threats and
single points of failure;
(C) provide operational use case expertise to the entities
awarded contracts or agreements under the pilot program and
parties to cost sharing agreements for such awarded contracts
or agreements;
(D) serve as the liaison between the Armed Forces, the
combatant commanders, and the participants in the pilot
programs; and
(E) use flexible acquisition practices and authorities,
including--
(i) the authorities under section 2371 and 2371b of
title 10, United States Code;
(ii) payments for demonstrated progress;
(iii) authorities under the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.); and
(iv) other acquisition practices that support efficient
and effective access to emerging technologies and
capabilities, including technologies and capabilities from
companies funded with private investment.
(2) Reports to congress.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days thereafter,
the Director of the Strategic Capabilities Office shall submit to
the congressional defense committees a report on the pilot
programs.
(d) Additional Authorities.--The Secretary of Defense shall assess
authorities required for such mission managers and program managers to
effectively and efficiently fulfill their responsibilities under the
pilot programs, including the delegation of personnel hiring and
contracting authorities.
(e) Data.--The Secretary of Defense shall establish mechanisms to
collect and analyze data on the implementation of the pilot programs
for the purposes of--
(1) developing and sharing best practices for achieving goals
established for the pilot programs; and
(2) providing information to the Secretary and the
congressional defense committees on--
(A) the implementation of the pilot programs; and
(B) related policy issues.
(f) Recommendations.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a recommendation with respect to
continuing or expanding the pilot program.
(g) Transition of Pilot Program Responsibilities.--Beginning in
fiscal year 2025, the Secretary may transition the responsibility for
the pilot programs to another organization.
(h) Definitions.--In this section:
(1) Covered armed force.--The term ``covered Armed Force''
means--
(A) the Army;
(B) the Navy;
(C) the Air Force;
(D) the Marine Corps; or
(E) the Space Force.
(2) Defense agency.--The term ``Defense Agency'' has the
meaning given such term in section 101(a) of title 10, United
States Code.
(3) Mission manager.--The term ``mission manager'' means an
individual that, with respect to a mission under a pilot program
established under subsection (a), shall have the responsibilities
described in subparagraphs (B) through (F) of section 871(c)(2) of
this Act.
SEC. 873. INDEPENDENT STUDY ON ACQUISITION PRACTICES AND POLICIES.
(a) Study Required.--Not later than March 30, 2022, the Secretary
of Defense shall enter into an agreement with a federally funded
research and development center under which such center shall conduct a
study on the acquisition practices and policies described in subsection
(b).
(b) Study Elements.--The study required under subsection (a) shall
identify the knowledge and tools needed for the acquisition workforce
of the Department of Defense to--
(1) engage in acquisition planning practices that assess the
cost, resource, and energy preservation differences resulting from
selecting environmentally preferable goods or services when
identifying requirements or drafting statements of work;
(2) engage in acquisition planning practices that promote the
acquisition of resilient and resource-efficient goods and services
and that support innovation in environmental technologies,
including--
(A) technical specifications that establish performance
levels for goods and services to diminish greenhouse gas
emissions;
(B) statements of work or specifications restricted to
environmentally preferable goods or services where the quality,
availability, and price is comparable to traditional goods or
services;
(C) engaging in public-private partnerships to design,
build, and fund resilient, low-carbon infrastructure;
(D) collaborating with local jurisdictions surrounding
military installations, with a focus on reducing environmental
costs; and
(E) technical specifications that consider risk to supply
chains from extreme weather and changes in environmental
conditions;
(3) employ source selection practices that promote the
acquisition of resilient and resource-efficient goods and services
and that support innovation in environmental technologies,
including--
(A) considering resilience, low-carbon, or low-toxicity
criteria as competition factors on the basis of which the award
is made in addition to cost, past performance, and quality
factors;
(B) using accepted standards, emissions data,
certifications, and labels to verify the environmental impact
of a good or service and enhance procurement efficiency;
(C) evaluating the veracity of certifications and labels
purporting to convey information about the environmental impact
of a good or service; and
(D) considering the costs of a good or service that will be
incurred throughout its lifetime, including operating costs,
maintenance, end of life costs, and residual value, including
costs resulting from the carbon dioxide and other greenhouse
gas emissions associated with the good or service; and
(4) consider external effects, including economic,
environmental, and social, arising over the entire life cycle of an
acquisition when making acquisition planning and source selection
decisions.
(c) Submission to Department of Defense.--Not later than one year
after the date of the enactment of this Act, the federally funded
research and development center that conducts the study under
subsection (a) shall submit to the Secretary of Defense a report on the
results of the study in an unclassified form but may include a
classified annex.
(d) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of Defense receives the report under subsection
(c), the Secretary shall submit to the congressional defense committees
an unaltered copy along with any comments the Secretary may have with
respect to the report.
(e) Definitions.--In this section:
(1) The term ``environmentally preferable'', with respect to a
good or service, means that the good or service has a lesser or
reduced effect on human health and the environment when compared
with competing goods or services that serve the same purpose or
achieve the same or substantially similar result. The comparison
may consider raw materials acquisition, production, manufacturing,
packaging, distribution, reuse, operation, maintenance, or disposal
of the good or service.
(2) The term ``resource-efficient goods and services'' means
goods and services--
(A) that use fewer resources than competing goods and
services to serve the same purposes or achieve the same or
substantially similar result as such competing goods and
services; and
(B) for which the negative environmental impacts across the
full life cycle of such goods and services are minimized.
SEC. 874. PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-
OWNED BUSINESSES.
(a) Qualified Business Wholly-owned Through an Employee Stock
Ownership Plan Defined.--The term ``qualified businesses wholly-owned
through an Employee Stock Ownership Plan'' means an S corporation (as
defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for
which 100 percent of the outstanding stock is held through an employee
stock ownership plan (as defined in section 4975(e)(7) of such Code).
(b) Pilot Program to Use Noncompetitive Procedures for Certain
Follow-on Contracts to Qualified Businesses Wholly-Owned Through an
Employee Stock Ownership Plan.--
(1) Establishment.--The Secretary of Defense may establish a
pilot program to carry out the requirements of this section.
(2) Follow-on contracts.--Notwithstanding the requirements of
section 2304 of title 10, United States Code, and with respect to a
follow-on contract for the continued development, production, or
provision of products or services that are the same as or
substantially similar to the products or services procured by the
Department of Defense under a prior contract held by a qualified
business wholly-owned through an Employee Stock Ownership Plan, the
products or services to be procured under the follow-on contract
may be procured by the Department of Defense through procedures
other than competitive procedures if the performance of the
qualified business wholly-owned through an Employee Stock Ownership
Plan on the prior contract was rated as satisfactory (or the
equivalent) or better in the applicable past performance database.
(3) Limitation.--A qualified business wholly-owned through an
Employee Stock Ownership Plan may have a single opportunity for
award of a sole-source follow-on contract under this section,
unless a senior contracting official (as defined in section 1737 of
title 10, United States Code) approves a waiver of the requirements
of this section.
(c) Verification and Reporting of Qualified Businesses Wholly-owned
Through an Employee Stock Ownership Plan.--Under a pilot program
established under this section, the Secretary of Defense shall
establish procedures--
(1) for businesses to verify status as a qualified businesses
wholly-owned through an Employee Stock Ownership Plan for the
purposes of this section by using existing Federal reporting
mechanisms;
(2) for a qualified businesses wholly-owned through an Employee
Stock Ownership Plan to certify that not more than 50 percent of
the amount paid under the contract will be expended on
subcontracts, subject to such necessary and reasonable waivers as
the Secretary may prescribe; and
(3) to record information on each follow-on contract awarded
under subsection (b), including details relevant to the nature of
such contract and the qualified business wholly-owned through an
Employee Stock Ownership Plan that received such contract, and to
provide such information to the Comptroller General of the United
States.
(d) Data.--
(1) In general.--If the Secretary of Defense establishes a
pilot program under this section, the Secretary shall establish
mechanisms to collect and analyze data on the pilot program for the
purposes of--
(A) developing and sharing best practices relating to the
pilot program;
(B) providing information to leadership and the
congressional defense committees on the pilot program,
including with respect to each qualified business wholly-owned
through an Employee Stock Ownership Plan that received a
follow-on contract under this section--
(i) the size of such business;
(ii) performance of the follow-on contract; and
(iii) other information as determined necessary; and
(C) providing information to leadership and the
congressional defense committees on policy issues related to
the pilot program.
(2) Limitation.--The Secretary of Defense may not carry out the
pilot program under this section before--
(A) completing a data collection and reporting strategy and
plan to meet the requirements of this subsection; and
(B) submitting the strategy and plan to the congressional
defense committees.
(e) Sunset.--Any pilot program established under this section shall
expire on the date that is five years after the date of the enactment
of this Act.
(f) Comptroller General Report.--
(1) In general.--Not later than three years after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on any individual and
aggregate uses of the authority under a pilot program established
under this section.
(2) Elements.--The report under paragraph (1) shall include the
following elements:
(A) An assessment of the frequency and nature of the use of
the authority under the pilot program.
(B) An assessment of the impact of the pilot program in
supporting the national defense strategy required under section
113(g) of title 10, United States Code.
(C) The number of businesses that became qualified
businesses wholly-owned through an Employee Stock Ownership
Plan in order to benefit from the pilot program and the factors
that influenced that decision.
(D) Acquisition authorities that could incentivize
businesses to become qualified businesses wholly-owned through
an Employee Stock Ownership Plan, including an extension of the
pilot program.
(E) Any related matters the Comptroller General considers
appropriate.
SEC. 875. GUIDANCE, TRAINING, AND REPORT ON PLACE OF PERFORMANCE
CONTRACT REQUIREMENTS.
(a) Guidance and Training.--Not later than July 1, 2022, the
Secretary of Defense shall--
(1) issue guidance on covered contracts to ensure that, to the
maximum extent practicable, the terms of such covered contract
avoid specifying an unnecessarily restrictive place of performance
for such covered contract; and
(2) implement any necessary training for appropriate
individuals relating to the guidance required under paragraph (1).
(b) Report.--
(1) In general.--Not later than July 1, 2022, the Secretary of
Defense shall submit to the congressional defense committees a
report on covered contracts.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A description of the criteria that is considered when
the Secretary specifies a particular place of performance in a
covered contract.
(B) The number of covered contracts awarded during each of
fiscal years 2016 through 2020.
(C) An assessment of the extent to which revisions to
guidance or regulations related to the use of covered contracts
could improve the effectiveness and efficiency of the
Department of Defense, including a description of such
revisions.
(c) Covered Contract Defined.--In this section, the term ``covered
contract'' means a contract for which the Secretary of Defense
specifies the place of performance for such contract.
SEC. 876. NOTIFICATION OF CERTAIN INTERGOVERNMENTAL SUPPORT
AGREEMENTS.
(a) Notification Required.--During fiscal years 2022 and 2023, not
less than 60 days before entering into an intergovernmental support
agreement under section 2679 of title 10, United States Code, that is
an exception to the requirements of chapter 85 of title 41, United
States Code, the Secretary concerned shall submit, in writing, to the
congressional defense committees a report including the following
relating to such agreement:
(1) The circumstances that resulted in the need to enter into
an intergovernmental support agreement that included such
exception.
(2) The anticipated benefits of entering into such agreement
that included such exception.
(3) The anticipated impact on persons covered under such
chapter 85 because of such exception.
(4) The extent to which such agreement complies with applicable
policies, directives, or other guidance of the Department of
Defense.
(b) Recommendations.--
(1) In general.--The Secretary of Defense shall submit to the
congressional defense committees, along with the budget request
materials for fiscal year 2023, specific recommendations for
modifications to the legislative text of subsection (a)(1) of
section 2679 of title 10, United States Code, along with a
rationale for any such modifications, to identify specific
provisions of Federal contracting law appropriate for waiver or
exemption to ensure effective use of intergovernmental support
agreements under such section.
(2) Budget request materials defined.--In this subsection, the
term ``budget request materials'' means the materials submitted to
Congress by the President under section 1105(a) of title 31, United
States Code.
(c) Briefing Required.--Not later than 6 months after the date of
enactment of this Act the Secretary of Defense shall provide to the
congressional defense committees a briefing on activities taken to
carry out the requirements of this section.
(d) Policy Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance to
clarify the use of the authority under section 2679 of title 10, United
States Code, including with respect to--
(1) the application of other requirements of acquisition law
and policy; and
(2) chapter 85 of title 41, United States Code.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of the Army, with respect to matters
concerning the Army;
(2) the Secretary of the Navy, with respect to matters
concerning the Navy and the Marine Corps; and
(3) the Secretary of the Air Force, with respect to matters
concerning the Air Force and the Space Force.
SEC. 877. REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN DEPARTMENT
OF THE NAVY.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report describing in detail the
processing of requests for equitable adjustment by the Department of
the Navy between October 1, 2011, and the date of the enactment of this
Act, including progress by components within the Department of the Navy
in complying with the covered directive.
(b) Contents.--The report required under subsection (a) shall
include, at a minimum, the following:
(1) The number of requests for equitable adjustment submitted
between October 1, 2011, and the date of the enactment of this Act.
(2) The components within the Department of the Navy to which
each such request was submitted.
(3) The number of requests for equitable adjustment outstanding
as of the date of the enactment of this Act.
(4) The number of requests for equitable adjustment settled but
not paid as of the date of the enactment of this Act, including a
description of why each such request has not been paid.
(5) A detailed explanation of the efforts by the Secretary of
the Navy to ensure compliance of components within the Department
of the Navy with the covered directive.
(c) Covered Directive Defined.--In this section, the term ``covered
directive'' means the directive of the Assistant Secretary of the Navy
for Research, Development, and Acquisition, dated March 20, 2020, and
titled ``(Intent and Direction) Withholds and Retentions During COVID-
19'' requiring--
(1) payment to contractors of all settled requests for
equitable adjustment; and
(2) the expeditious resolution of all outstanding requests for
equitable adjustment.
SEC. 878. MILITARY STANDARDS FOR ARMOR MATERIALS IN VEHICLE
SPECIFICATIONS.
(a) In General.--Not later than June 30, 2022, the Secretary of the
Army shall establish technical specification standards for all metal
and non-metal armor for incorporation into specifications for current
and future armored vehicles developed or procured by the Department of
the Army.
(b) Report Required.--
(1) In general.--On the date on which the standards described
in subsection (a) are established under such subsection, the
Secretary of the Army shall submit to the congressional defense
committees a report describing--
(A) the establishment of such standards; and
(B) the strategy for incorporating such standards as
requirements for armored vehicles developed and procured by the
Department of the Army.
(2) Form.--The report required by paragraph (1) shall be in an
unclassified form, but may include a classified annex.
(c) Armored Vehicle Defined.--For purposes of this section, the
term ``armored vehicle'' means a tracked or wheeled tactical vehicle
incorporating armor in its manufacture.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in eligibility requirements for appointment to certain
Department of Defense leadership positions.
Sec. 902. Clarification of treatment of Office of Local Defense
Community Cooperation as a Department of Defense Field
Activity.
Sec. 903. Enhanced role of the Under Secretary of Defense for Research
and Engineering on the Joint Requirements Oversight Council.
Sec. 904. Implementation of repeal of Chief Management Officer of the
Department of Defense.
Sec. 905. Space Force organizational matters and modification of certain
space-related acquisition authorities.
Sec. 906. Assignments for participants in the John S. McCain Strategic
Defense Fellows Program.
Sec. 907. Designation of senior official for implementation of
Electromagnetic Spectrum Superiority Strategy.
Sec. 908. Management innovation activities.
Sec. 909. Digital talent recruiting officer.
Sec. 910. Cross-functional team for emerging threat relating to
anomalous health incidents.
Sec. 911. Alignment of Close Combat Lethality Task Force.
Sec. 912. Independent review of and report on the Unified Command Plan.
Sec. 913. Study and report on the role and organization of space assets
in the reserve components.
SEC. 901. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO
CERTAIN DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.
(a) Secretary of Defense.--Subsection (a) of section 113 of title
10, United States Code, is amended to read as follows:
``(a)(1) There is a Secretary of Defense, who is the head of the
Department of Defense, appointed from civilian life by the President,
by and with the advice and consent of the Senate.
``(2) A person may not be appointed as Secretary of Defense--
``(A) within seven years after relief from active duty as a
commissioned officer of a regular component of an armed force in a
grade below O-7; or
``(B) within 10 years after relief from active duty as a
commissioned officer of a regular component of an armed force in
the grade of O-7 or above.''.
(b) Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict.--Section 138(b)(2)(A) of title 10, United States
Code, is amended by inserting after the third sentence the following:
``A person may not be appointed as Assistant Secretary within seven
years after relief from active duty as a commissioned officer of a
regular component of an armed force.''.
(c) Secretary of the Army.--Section 7013(a)(2) of title 10, United
States Code, is amended by striking ``five'' and inserting ``seven''.
(d) Secretary of the Navy.--Section 8013(a)(2) of title 10, United
States Code, is amended by striking ``five'' and inserting ``seven''.
(e) Secretary of the Air Force.--Section 9013(a)(2) of title 10,
United States Code, is amended by striking ``five'' and inserting
``seven''.
(f) Technical Corrections Relating to Other Positions.--
(1) Under secretary of defense (comptroller).--Section
135(a)(1) of title 10, United States Code, is amended by striking
``the armed forces'' and inserting ``an armed force''.
(2) Under secretary of defense for personnel and readiness.--
Section 136(a) of title 10, United States Code, is amended by
striking ``the armed forces'' and inserting ``an armed force''.
(3) Under secretary of defense for intelligence and security.--
Section 137(a) of title 10, United States Code, is amended by
striking ``the armed forces'' and inserting ``an armed force''.
(g) Applicability.--The amendments made by subsections (a) through
(e) shall apply with respect to appointments made on or after the date
of the enactment of this Act.
SEC. 902. CLARIFICATION OF TREATMENT OF OFFICE OF LOCAL DEFENSE
COMMUNITY COOPERATION AS A DEPARTMENT OF DEFENSE FIELD ACTIVITY.
(a) Treatment of Office of Local Defense Community Cooperation as a
Department of Defense Field Activity.--
(1) Transfer to chapter 8.--Section 146 of title 10, United
States Code, is transferred to subchapter I of chapter 8 of such
title, inserted after section 197, and redesignated as section 198.
(2) Treatment as department of defense field activity.--Section
198(a) of such title, as transferred and redesignated by subsection
(a) of this subsection, is amended--
(A) by striking ``in the Office of the Secretary of Defense
an office to be known as the'' and inserting ``in the
Department of Defense an''; and
(B) by adding at the end the following: ``The Secretary
shall designate the Office as a Department of Defense Field
Activity pursuant to section 191, effective as of the date of
the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).''.
(3) Appointment of director.--Such section 198 is further
amended--
(A) in subsection (b) in the matter preceding paragraph
(1), by striking ``Under Secretary of Defense for Acquisition
and Sustainment'' and inserting ``Secretary of Defense''; and
(B) in subsection (c)(4), by striking ``Under Secretary of
Defense for Acquisition and Sustainment'' and inserting
``Secretary''.
(4) Clerical amendments.--
(A) Chapter 4.--The table of sections at the beginning of
chapter 4 of title 10, United States Code, is amended by
striking the item relating to section 146.
(B) Chapter 8.--The table of sections at the beginning of
subtitle I of chapter 8 of such title is amended by inserting
after the item relating to section 197 the following new item:
``198. Office of Local Defense Community Cooperation.''.
(b) Limitation on Involuntary Separation of Personnel.--No
personnel of the Office of Local Defense Community Cooperation under
section 198 of title 10, United States Code (as added by subsection
(a)), may be involuntarily separated from service with that Office
during the one-year period beginning on the date of the enactment of
this Act, except for cause.
(c) Administration of Programs.--Any program, project, or other
activity administered by the Office of Economic Adjustment of the
Department of Defense as of the date of the enactment of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) shall be administered by the Office of Local
Defense Community Cooperation under section 198 of title 10, United
States Code (as added by subsection (a)).
(d) Conforming Repeal.--Section 905 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is repealed.
SEC. 903. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING ON THE JOINT REQUIREMENTS OVERSIGHT
COUNCIL.
(a) In General.--Section 181 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) increasing awareness of global trends, threats, and
adversary capabilities to address gaps in joint military
capabilities and validate joint requirements developed by the
military departments;''; and
(2) in subsection (d)(1)(D), by striking the period at the end
and inserting the following: ``who shall serve as the Chief
Technical Advisor to the Council and--
``(i) shall provide assistance in evaluating the
technical feasibility of requirements under development;
and
``(ii) shall identify options for expanding or
generating new requirements based on opportunities provided
by new or emerging technologies.''.
(b) Independent Study.--
(1) Study required.--The Secretary of Defense shall enter into
an agreement with a covered entity to conduct an independent study
assessing the role of the Under Secretary of Defense for Research
and Engineering on the Joint Requirements Oversight Council.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) The current role and contribution of the Under
Secretary of Defense for Research and Engineering to the Joint
Requirements Oversight Council.
(B) The extent to which the role of the Under Secretary on
the Joint Requirements Oversight Council should be adjusted to
further maximize Council outcomes as well as the additional
resources, if any, such adjustments would require.
(C) The extent to which the Under Secretary of Defense
should provide additional views and recommendations on Joint
Requirements Oversight Council preparations, deliberations, and
outcomes.
(D) Such other matters as the Secretary of Defense
determines to be appropriate
(3) Submission to congress.--Not later than December 31, 2022,
the Secretary shall submit to the congressional defense committees
the results of the study required by paragraph (1).
(4) Form.--The study required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(5) Covered entity defined.--In this subsection, the term
``covered entity'' means--
(A) a federally funded research and development center; or
(B) an independent, nongovernmental organization, described
under section 501(c)(3) of the Internal Revenue Code of 1986
and which is exempt from taxation under section 501(a) of such
Code, which has recognized credentials and expertise in
national security and military affairs.
(c) Report on the Role of the Under Secretary of Defense for
Research and Engineering in the Joint Requirements Oversight Council.--
(1) In general.--Not later than March 1, 2023, the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff and the Under Secretary of Defense for Research and
Engineering, shall submit to the congressional defense committees a
report on the recommendations of the Secretary of Defense on the
extent to which adjustments to the role of the Under Secretary of
Defense for Research and Engineering on the Joint Requirements
Oversight Council are warranted. The report shall include--
(A) consideration of the findings of the study required by
subsection (b);
(B) the rationale for recommendations of the Secretary of
Defense; and
(C) a description of additional resources that may be
required to support those recommendations.
(2) Additional input.--The report may also include input from
each member or advisor of the Joint Requirements Oversight Council.
SEC. 904. IMPLEMENTATION OF REPEAL OF CHIEF MANAGEMENT OFFICER OF
THE DEPARTMENT OF DEFENSE.
Section 901(b)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended by striking ``, except that any officer or employee so
designated may not be an individual who served as the Chief Management
Officer before the date of the enactment of this Act''.
SEC. 905. SPACE FORCE ORGANIZATIONAL MATTERS AND MODIFICATION OF
CERTAIN SPACE-RELATED ACQUISITION AUTHORITIES.
(a) Implementation Date for Service Acquisition Executive of the
Department of the Air Force for Space Systems and Programs.--
(1) Implementation date.--Section 957 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 9016 note) is amended--
(A) in subsection (a), by striking ``Effective October 1,
2022, there shall be'' and inserting ``Effective on the date
specified in subsection (d), there shall be'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Effective as of
October 1, 2022,'' and inserting ``Effective as of the date
specified in subsection (d)''; and
(ii) in paragraph (2), by striking ``as of October 1,
2022,'' and inserting ``as of the date specified in
subsection (d)'';
(C) in subsection (c)(3), by striking ``October 1, 2022''
and inserting ``the date specified in subsection (d)''; and
(D) by adding at the end the following new subsection:
``(d) Date Specified.--The date specified in this subsection is a
date determined by the Secretary of the Air Force that is not later
than October 1, 2022.''.
(2) Conforming amendments.--
(A) Transfer of acquisition projects for space systems and
programs.--Section 956(b)(3) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 9016 note) is amended--
(i) by striking ``Effective October 1, 2022,'' and
inserting ``Effective on the date specified in section
957(d),''; and
(ii) by striking ``as of September 30, 2022'' and
inserting ``as of the day before the date specified in
section 957(d)''.
(B) Responsibilities of assistant secretary of the air
force for space acquisition and integration.--Section
9016(b)(6)(B)(vi) of title 10, United States Code, is amended
by striking ``Effective as of October 1, 2022, in accordance
with section 957 of that Act,'' and inserting ``Effective as of
the date specified in section 957(d) of such Act, and in
accordance with such section 957,''.
(b) Senior Procurement Executive Authorities.--
(1) Office of the secretary of the air force.--Section 9014(c)
of title 10, United States Code, is amended--
(A) in paragraph (2), by striking ``The Secretary of the
Air Force shall'' and inserting ``Subject to paragraph (6), the
Secretary of the Air Force shall''; and
(B) by inserting after paragraph (5) the following new
paragraph:
``(6) Notwithstanding section 1702 of title 41, the Secretary of
the Air Force may assign to the Assistant Secretary of the Air Force
for Space Acquisition and Integration duties and authorities of the
senior procurement executive that pertain to space systems and
programs.''.
(2) Assistant secretaries of the air force.--Section
9016(b)(6)(B)(vi) of title 10, United States Code, as amended by
subsection (a)(2)(B) of this section, is further amended by
inserting ``and discharge any senior procurement executive duties
and authorities assigned by the Secretary of the Air Force pursuant
to section 9014(c)(6) of this title'' after ``Space Systems and
Programs''.
SEC. 906. ASSIGNMENTS FOR PARTICIPANTS IN THE JOHN S. MCCAIN
STRATEGIC DEFENSE FELLOWS PROGRAM.
Section 932(e) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1580 note
prec.) is amended--
(1) in paragraph (2)--
(A) by striking ``and each Under Secretary of Defense and
Director of a Defense Agency who reports directly to the
Secretary of Defense,'' and inserting ``, each Under Secretary
of Defense, and other officials, as designated by the Secretary
of Defense, within the Office of the Secretary of Defense (as
defined in section 131 of title 10, United States Code) who
report directly to the Secretary of Defense''; and
(B) by striking ``or Director'' and inserting ``or official
within the Office of the Secretary of Defense'';
(2) in paragraph (3)--
(A) by striking ``Under Secretaries and Directors'' and
inserting ``Under Secretaries of Defense and other officials
within the Office of the Secretary of Defense''; and
(B) by striking ``Under Secretary, or Director'' and
inserting ``Under Secretary of Defense, or other official
within the Office of the Secretary of Defense''; and
(3) in paragraph (7), by striking ``shall be on a first-come,
first-served basis'' and inserting ``may require a minimum service
agreement, as determined by the Secretary''.
SEC. 907. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION OF
ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY.
(a) Requirements.--Section 1053 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 116-283; 10
U.S.C. 113 note) is amended by adding at the end the following new
subsection:
``(f) Electromagnetic Spectrum Superiority Strategy.--
``(1) Designation.--
``(A) Requirement.--Not later than 60 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary of Defense shall designate a
senior official of the Department of Defense to be responsible
for, and accountable to the Secretary with respect to, the
implementation of the electromagnetic spectrum superiority
strategy. The Secretary shall designate the senior official
from among individuals who are appointed to a position in the
Department by the President, by and with the advice and consent
of the Senate.
``(B) Conditions relating to designation of chief
information officer.--
``(i) Certification.--The Secretary may not designate
the Chief Information Officer of the Department of Defense
as the senior official under subparagraph (A) unless the
Secretary has first included in the report under paragraph
(3)(A) a certification that the Chief Information Officer
has the expertise, authority, funding, and personnel to
ensure the successful implementation of the electromagnetic
spectrum superiority strategy.
``(ii) CAPE assessment.--If the Secretary designates
the Chief Information Officer of the Department of Defense
as the senior official under subparagraph (A), not later
than 180 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2022,
the Director of Cost Assessment and Program Evaluation
shall submit to the congressional defense committees an
evaluation of the ability of the Chief Information Officer
to ensure the successful implementation of the
electromagnetic spectrum superiority strategy, including,
at a minimum, an evaluation of the expertise, authority,
funding, and personnel of the Chief Information Officer.
``(2) Responsibilities.--The senior official designated under
paragraph (1)(A) shall be responsible for the following:
``(A) Oversight of policy, strategy, planning, resource
management, operational considerations, personnel, and
technology development necessary to implement the
electromagnetic spectrum superiority strategy.
``(B) Evaluating whether the amount that the Department of
Defense expends on electromagnetic warfare and electromagnetic
spectrum operations capabilities is properly aligned.
``(C) Evaluating whether the Department is effectively
incorporating electromagnetic spectrum operations capabilities
and considerations into current and future operational plans
and concepts.
``(D) Such other matters relating to electromagnetic
spectrum operations as the Secretary specifies for purposes of
this paragraph.
``(3) Reports.--
``(A) Implementation report.--Not later than 60 days after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2022, the Secretary shall submit to the
congressional defense committees a report on the implementation
of the Electromagnetic Spectrum Superiority Strategy published
in October 2020, including--
``(i) an evaluation of the additional personnel,
resources, and authorities the Secretary determines will be
needed by the senior official designated under paragraph
(1)(A) who is responsible for implementing the
electromagnetic spectrum superiority strategy; and
``(ii) a description of how the Secretary will ensure
that such implementation will be successful.
``(B) Rules of engagement report.--Not later than 270 days
after the date of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary shall submit to the
congressional defense committees a report that includes the
following:
``(i) A review of the sufficiency of the authorities
and rules of engagement of the Department of Defense
relating to electromagnetic spectrum operations, in
particular with respect to operating below the level of
armed conflict short of or in advance of kinetic activity
and to protect the Department from electronic attack and
disruption.
``(ii) Recommended changes to the authorities or rules
of engagement to ensure the Department can effectively
compete, deter conflict, and maintain protection from
electronic attack and disruption.
``(iii) Any other matters the Secretary determines
relevant.
``(4) Semiannual briefings.--On a semiannual basis during the
five-year period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2022, the
Secretary shall provide to the congressional defense committees a
briefing on the status of the implementation of the electromagnetic
spectrum superiority strategy. Each briefing shall include, at a
minimum, the following:
``(A) An update on the efforts of the Department of Defense
to--
``(i) achieve the strategic goals set out in the
electromagnetic spectrum superiority strategy; and
``(ii) implement such strategy through various elements
of the Department.
``(B) An identification of any additional authorities or
resources relating to electromagnetic spectrum operations that
the Secretary determines is necessary to implement the
strategy.
``(5) Electromagnetic spectrum superiority strategy defined.--
In this subsection, the term `electromagnetic spectrum superiority
strategy' means the Electromagnetic Spectrum Superiority Strategy
of the Department of Defense published in October 2020, and any
such successor strategy.''.
(b) Clarification of Cross-functional Team Plans.--Subsection
(d)(2) of such section is amended by striking ``biennially thereafter''
and inserting ``biennially thereafter during the life of the cross-
functional team established pursuant to subsection (c)''.
(c) Transfer of Certain Provision.--Section 152 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is--
(1) amended--
(A) in subsection (a), by striking ``two years after the
date of the enactment of this Act and in accordance with the
plan developed pursuant to subsection (b)'' and inserting
``January 1, 2023, and in accordance with the plan developed
pursuant to paragraph (2)'';
(B) by striking ``paragraph (1)'' each place it appears and
inserting ``subparagraph (A)'';
(C) by striking ``subsection (a)'' each place it appears
and inserting ``paragraph (1)'';
(D) in subsection (b)(2)(D), by striking ``subsections (c)
and (d)'' and inserting ``paragraphs (3) and (4)''; and
(E) in subsection (e), by striking ``this section'' and
inserting ``this subsection'';
(2) transferred to such section 1053, redesignated as
subsection (g) (including by redesignating its subsections as
paragraphs, paragraphs as subparagraphs, and clauses as subclauses,
respectively, and indenting such provisions accordingly) and added
so as to appear after subsection (f), as added by subsection (a) of
this section.
SEC. 908. MANAGEMENT INNOVATION ACTIVITIES.
(a) In General.--The Secretary of Defense shall carry out a set of
activities to improve the effectiveness of management activities within
the Department of Defense, with the goals of incorporating appropriate
private sector management practices and technologies and enhancing the
capabilities of the defense management workforce.
(b) Management Activities.--Subject to the total force management
requirements under section 129a of title 10, United States Code, the
activities carried out under subsection (a) may include the following:
(1) Public-private partnerships with appropriate private sector
and government organizations.
(2) Personnel exchange programs with appropriate industry,
academic, and government organizations to enhance the capabilities
of the defense management workforce.
(3) Research, development, and technology and business process
prototyping activities to create new technological capabilities to
support management missions, or development and testing of new
management concepts and business transformation activities.
(4) The designation of appropriate organizations to lead
management innovation activities.
(5) A process by which defense business process owners and
other personnel of the Department of Defense can identify
management and business process challenges and opportunities that
could be addressed by activities carried out under this section.
(6) Processes to develop, prototype, test, and field new
business processes and practices to improve defense management
capabilities.
(7) Academic research and educational activities related to
defense management missions to promote--
(A) development of innovative management concepts;
(B) analyses and addressing of appropriate management
challenges; and
(C) development of programs and activities to develop the
defense management workforce.
(8) Academic research and independent studies from federally
funded research and development centers assessing lessons learned
from previous Departmental management reform initiatives and
whether legacy organizations exist and should be consolidated.
(c) Plan Required.--Not later than February 1, 2023, the Secretary
of Defense shall submit to the congressional defense committees a plan
for carrying out the activities under this section.
(d) Briefings.--
(1) Initial briefing.--Not later than July 1, 2022, the
Secretary of Defense shall provide to the congressional defense
committees an initial briefing on the activities carried out and
plans developed under this section.
(2) Subsequent briefing.--On a date occurring after the
briefing under paragraph (1), but not later than July 1, 2023, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the activities carried out and plans
developed under this section.
SEC. 909. DIGITAL TALENT RECRUITING OFFICER.
(a) Digital Talent Recruiting for the Department of Defense.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
chief digital recruiting officer within the office of the Under
Secretary of Defense for Personnel and Readiness to carry out the
responsibilities set forth in paragraph (2).
(2) Responsibilities.--The chief digital recruiting officer
shall be responsible for--
(A) identifying Department of Defense needs for, and skills
gaps in, specific types of civilian digital talent;
(B) recruiting individuals with the skills that meet the
needs and skills gaps identified under subparagraph (A), in
partnership with the military departments and other
organizations and elements of the Department;
(C) ensuring Federal scholarship for service programs are
incorporated into civilian recruiting strategies;
(D) when appropriate and within authority granted under
other Federal law, offering recruitment and referral bonuses;
and
(E) partnering with human resource teams in the military
departments and other organizations and elements of the
Department to help train all Department of Defense human
resources staff on the available hiring flexibilities to
accelerate the hiring of individuals with the skills that fill
the needs and skills gaps identified under subparagraph (A).
(3) Resources.--The Secretary of Defense shall ensure that the
chief digital recruiting officer is provided with personnel and
resources sufficient to carry out the duties set forth in paragraph
(2).
(4) Role of chief human capital officer.--
(A) In general.--The chief digital recruiting officer shall
report directly to the Chief Human Capital Officer of the
Department of Defense.
(B) Incorporation.--The Chief Human Capital Officer shall
ensure that the chief digital recruiting officer is
incorporated into the agency human capital operating plan and
recruitment strategy. In carrying out this paragraph, the Chief
Human Capital Officer shall ensure that the chief digital
recruiting officer's responsibilities are deconflicted with any
other recruitment initiatives and programs.
(b) Digital Talent Defined.--For the purposes of this section, the
term ``digital talent'' includes positions and capabilities in, or
related to, software development, engineering, and product management;
data science; artificial intelligence; distributed ledger technologies;
autonomy; data management; product and user experience design; and
cybersecurity.
(c) Annual Briefing Requirement.--Not later than one year after the
date of the enactment of this Act, and on an annual basis thereafter,
the chief digital recruiting officer shall provide to the congressional
defense committees a briefing on--
(1) the efforts of the Department of Defense to recruit digital
talent to positions in the Department; and
(2) a summary of any accomplishments and challenges with
respect to such recruiting.
(d) Sunset.--The requirements under subsection (a) shall expire on
September 30, 2025.
SEC. 910. CROSS-FUNCTIONAL TEAM FOR EMERGING THREAT RELATING TO
ANOMALOUS HEALTH INCIDENTS.
(a) Establishment.--Using the authority provided pursuant to
section 911(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 111 note), the Secretary of
Defense shall establish a cross-functional team to address national
security challenges posed by anomalous health incidents (as defined by
the Secretary) and ensure that individuals affected by anomalous health
incidents receive timely and comprehensive health care and treatment
pursuant to title 10, United States Code, for symptoms consistent with
an anomalous health incident.
(b) Duties.--The duties of the cross-functional team established
under subsection (a) shall be--
(1) to assist the Secretary of Defense with addressing the
challenges posed by anomalous health incidents and any other
efforts regarding such incidents that the Secretary determines
necessary; and
(2) to integrate the efforts of the Department of Defense
regarding anomalous health incidents with the efforts of other
departments or agency of the Federal Government regarding such
incidents.
(c) Team Leadership.--The Secretary shall select an Under Secretary
of Defense to lead the cross-functional team and a senior military
officer to serve as the deputy to the Under Secretary so selected.
(d) Determination of Organizational Roles and Responsibilities.--
The Secretary, in consultation with the Director of National
Intelligence and acting through the cross-functional team established
under subsection (a), shall determine the roles and responsibilities of
the organizations and elements of the Department of Defense with
respect to addressing anomalous health incidents, including the roles
and responsibilities of the Office of the Secretary of Defense, the
intelligence components of the Department, Defense agencies, Department
of Defense field activities, the military departments, combatant
commands, and the Joint Staff.
(e) Briefings.--
(1) Initial briefing.--Not later than 45 days after the date of
the enactment of this Act, the Secretary shall provide to the
appropriate congressional committees a briefing on--
(A) the progress of the Secretary in establishing the
cross-functional team; and
(B) the progress the team has made in--
(i) determining the roles and responsibilities of the
organizations and elements of the Department of Defense
with respect the cross-functional team; and
(ii) carrying out the duties under subsection (b).
(2) Updates.--Not later than 90 days after the date of the
enactment of this Act, and once every 60 days thereafter during the
one-year period following such date of enactment, the Secretary
shall provide to the appropriate congressional committees a
briefing containing updates with respect to the efforts of the
Department regarding anomalous health incidents.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 911. ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE.
(a) In General.--Beginning not later than 60 days after the date of
the enactment of this Act, and continuing until the date on which the
Secretary of Defense submits to the congressional defense committees
the report described in subsection (b), the Secretary shall reinstate--
(1) the initial alignment of the Close Combat Lethality Task
Force so that the Task Force reports directly to the Secretary; and
(2) the designation of the Task Force as a cross-functional
team under section 911 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note).
(b) Report Described.--The report described in this subsection is a
report on a proposed alternative alignment for the Close Combat
Lethality Task Force that includes--
(1) a description of--
(A) how the proposed alternative alignment of the Task
Force would--
(i) facilitate the effective pursuit of, and support
for, both materiel and non-materiel initiatives by the Task
Force;
(ii) maintain benefits for the Task Force similar to
the benefits associated with reporting directly to the
Secretary of Defense and designation as a cross-functional
team; and
(iii) ensure collaboration and support from the primary
stakeholders in the Task Force, including the Army, the
Marine Corps, and the United States Special Operations
Command; and
(B) how the Task Force would be funded and gain appropriate
resourcing for cross-functional team initiatives supported by
the Secretary; and
(2) supporting analysis for the matters described in paragraph
(1).
(c) Exception.--Subsection (a) does not apply if the President
submits to the congressional defense committees--
(1) a certification that implementing that subsection would be
detrimental to the defense interests of the United States; and
(2) a justification for the certification.
SEC. 912. INDEPENDENT REVIEW OF AND REPORT ON THE UNIFIED COMMAND
PLAN.
(a) Review Required.--
(1) In general.--The Secretary of Defense shall provide for an
independent review of the current Unified Command Plan.
(2) Elements.--The review required by paragraph (1) shall
include the following:
(A) An assessment of the most recent Unified Command Plan
with respect to--
(i) current and anticipated threats;
(ii) deployment and mobilization of the Armed Forces;
and
(iii) the most current versions of the National Defense
Strategy and Joint Warfighting Concept.
(B) An evaluation of the missions, responsibilities, and
associated force structure of each geographic and functional
combatant command.
(C) An assessment of the feasibility of alternative Unified
Command Plan structures.
(D) Recommendations, if any, for alternative Unified
Command Plan structures.
(E) Recommendations, if any, on refining the manner by
which combatant commanders identify priority capabilities,
gaps, and operational requirements and how the Department of
Defense incorporates those identified elements into planning,
programming, budgeting, execution, and modernization processes.
(F) Recommendations, if any, for modifications to sections
161 through 169 of title 10, United States Code.
(G) Any other matter the Secretary of Defense determines
appropriate.
(3) Conduct of review by independent entity.--
(A) In general.--The Secretary of Defense shall--
(i) seek to enter into an agreement with an entity
described in subparagraph (B) to conduct the review
required by paragraph (1); and
(ii) ensure that the review is conducted independently
of the Department of Defense.
(B) Entity described.--An entity described in this
subparagraph is--
(i) a federally funded research and development center;
or
(ii) an independent, nongovernmental institute that--
(I) is described in section 501(c)(3) of the
Internal Revenue Code of 1986;
(II) is exempt from tax under section 501(a) of
that Code; and
(III) has recognized credentials and expertise in
national security and military affairs.
(b) Report to Congress.--
(1) In general.--Not later than October 1, 2022, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report that includes the
results of the review conducted under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 913. STUDY AND REPORT ON THE ROLE AND ORGANIZATION OF SPACE
ASSETS IN THE RESERVE COMPONENTS.
(a) Study.--The Secretary of Defense shall conduct a study to
determine the appropriate role and organization of space-related assets
within the reserve components of the Armed Forces.
(b) Report.--Not later than March 31, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the results of the study
conducted under subsection (a).
(c) Elements.--The report under subsection (b) shall include the
following:
(1) The determinations of the Secretary of Defense with respect
to the--
(A) the organization and integration of space-related units
within the reserve components of the Armed Forces;
(B) the staffing of such units, including the recruitment
and retention of personnel for such units (including any
reserve units of the Space force);
(C) the missions of such units; and
(D) the operational requirements applicable to such units.
(2) An analysis of--
(A) the costs of establishing a Space National Guard in
accordance with subtitle C of title IX of H.R. 4350, One
Hundred Seventeenth Congress, as passed by the House of
Representatives on September 23, 2021; and
(B) how a Space National Guard established in accordance
with such subtitle would operate as part of the reserve
components.
(3) Based on the analysis under paragraph (2), the
recommendations of the Secretary with respect to the potential
establishment of a Space National Guard.
(4) If applicable, any savings or costs that may result from
the preservation of the space-related force structures of the Air
National Guard, as such force structures are in effect on the date
of the enactment of this Act.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Revision of limitation on funding for combatant commands
through Combatant Commander Initiative Fund.
Sec. 1003. Plan for consolidation of information technology systems used
in Department of Defense planning, programming, budgeting, and
execution process.
Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution
Reform.
Subtitle B--Counterdrug Activities
Sec. 1007. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1008. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Modification to annual naval vessel construction plan.
Sec. 1012. Improving oversight of Navy contracts for shipbuilding,
conversion, and repair.
Sec. 1013. Codification of requirement for assessments prior to start of
construction on first ship of a shipbuilding program.
Sec. 1014. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.
Sec. 1015. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Navy battle force ship assessment and requirement reporting.
Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol
boats.
Sec. 1019. Availability of funds for retirement or inactivation of
guided missile cruisers.
Sec. 1020. Review of sustainment key performance parameters for
shipbuilding programs.
Sec. 1021. Assessment of security of global maritime chokepoints.
Sec. 1022. Report on acquisition, delivery, and use of mobility assets
that enable implementation of expeditionary advanced base
operations.
Subtitle D--Counterterrorism
Sec. 1031. Inclusion in counterterrorism briefings of information on use
of military force in collective self-defense.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1034. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1036. Report on medical care provided to detainees at United States
Naval Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Congressional oversight of alternative compensatory control
measures.
Sec. 1042. Modification of notification requirements for sensitive
military operations.
Sec. 1043. Authority to provide space and services to military welfare
societies.
Sec. 1044. Congressional notification of significant Army force
structure changes.
Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as
posse comitatus.
Sec. 1046. Comparative testing reports for certain aircraft.
Sec. 1047. Special operations forces joint operating concept for
competition and conflict.
Sec. 1048. Limitation on availability of certain funding for operation
and maintenance.
Sec. 1049. Limitation on use of certain funds pending submission of
report, strategy, and posture review relating to information
environment.
Sec. 1050. Briefing by Comptroller General and limitation on use of
funds pending compliance with requirement for independent
studies regarding potential cost savings.
Sec. 1051. Survey on relations between members of the Armed Forces and
military communities.
Sec. 1052. Limitation on use of funds pending compliance with certain
statutory reporting requirements.
Sec. 1053. Navy coordination with Coast Guard and Space Force on
aircraft, weapons, tactics, technique, organization, and
equipment of joint concern.
Subtitle F--Studies and Reports
Sec. 1061. Inclusion of support services for Gold Star families in
quadrennial quality of life review.
Sec. 1062. Public availability of semi-annual summaries of reports.
Sec. 1063. Extension of reporting requirement regarding enhancement of
information sharing and coordination of military training
between Department Of Homeland Security and Department Of
Defense.
Sec. 1064. Continuation of certain Department of Defense reporting
requirements.
Sec. 1065. Updated review and enhancement of existing authorities for
using Air Force and Air National Guard modular airborne fire-
fighting systems and other Department of Defense assets to
fight wildfires.
Sec. 1066. Geographic combatant command risk assessment of Air Force
airborne intelligence, surveillance, and reconnaissance
modernization plan.
Sec. 1067. Biennial assessments of Air Force Test Center.
Sec. 1068. Report on 2019 World Military Games.
Sec. 1069. Reports on oversight of Afghanistan.
Sec. 1070. Study and report on Department of Defense excess personal
property program.
Sec. 1071. Optimization of Irregular Warfare Technical Support
Directorate.
Sec. 1072. Assessment of requirements for and management of Army three-
dimensional geospatial data.
Sec. 1073. Required review of Department of Defense unmanned aircraft
systems categorization.
Sec. 1074. Annual report and briefing on Global Force Management
Allocation Plan.
Sec. 1075. Report on World War I and Korean War era Superfund
facilities.
Sec. 1076. Report on implementation of irregular warfare strategy.
Sec. 1077. Study on providing end-to-end electronic voting services for
absent uniformed services voters in locations with limited or
immature postal service.
Sec. 1078. Report on Air Force strategy for acquisition of combat rescue
aircraft and equipment.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Modification to Regional Centers for Security Studies.
Sec. 1083. Improvement of transparency and congressional oversight of
civil reserve air fleet.
Sec. 1084. Observance of National Atomic Veterans Day.
Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation
Operations.
Sec. 1086. National Museum of the Surface Navy.
Sec. 1087. Authorization for memorial for members of the Armed Forces
killed in attack on Hamid Karzai International Airport.
Sec. 1088. Treatment of operational data from Afghanistan.
Sec. 1089. Responsibilities for national mobilization; personnel
requirements.
Sec. 1090. Independent assessment with respect to Arctic region.
Sec. 1091. National Security Commission on Emerging Biotechnology.
Sec. 1092. Quarterly security briefings on Afghanistan.
Sec. 1093. Transition of funding for non-conventional assisted recovery
capabilities.
Sec. 1094. Afghanistan War Commission Act of 2021.
Sec. 1095. Commission on the National Defense Strategy.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2022
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. REVISION OF LIMITATION ON FUNDING FOR COMBATANT COMMANDS
THROUGH COMBATANT COMMANDER INITIATIVE FUND.
Section 166a(e)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``$20,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$250,000'' and inserting ``$300,000'';
(2) in subparagraph (B), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(3) in subparagraph (C), by striking ``$5,000,000'' and
inserting ``$10,000,000''.
SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION TECHNOLOGY SYSTEMS
USED IN DEPARTMENT OF DEFENSE PLANNING, PROGRAMMING, BUDGETING, AND
EXECUTION PROCESS.
Not later than 180 days after the date of the enactment of this
Act, the Under Secretary of Defense (Comptroller), in consultation with
the Chief Information Officer and the Chief Data Officer of the
Department of Defense, shall submit to the congressional defense
committees a plan to consolidate the information technology systems
used to manage data and support the planning, programming, budgeting,
and execution process of the Department of Defense. The plan shall
include the consolidation of such systems used by each of the military
departments and such systems used by the Defense Agencies, and shall
address the retirement or elimination of such systems.
SEC. 1004. COMMISSION ON PLANNING, PROGRAMMING, BUDGETING, AND
EXECUTION REFORM.
(a) Establishment.--
(1) In general.--There is hereby established an independent
commission in the legislative branch to be known as the
``Commission on Planning, Programming, Budgeting, and Execution
Reform'' (in this section referred to as the ``Commission'').
(2) Date of establishment.--The Commission shall be established
not later 30 days after the date of the enactment of this Act.
(b) Membership.--
(1) Number and appointment.--The Commission shall be composed
of 14 civilian individuals not employed by the Federal Government
who are recognized experts and have relevant professional
experience one or more of the following:
(A) Matters relating to the planning, programming,
budgeting, and execution process of the Department of Defense.
(B) Innovative budgeting and resource allocation methods of
the private sector.
(C) Iterative design and acquisition process.
(D) Budget or program execution data analysis.
(2) Members.--The members shall be appointed as follows:
(A) The Secretary of Defense shall appoint two members.
(B) The Majority Leader and the Minority Leader of the
Senate shall each appoint one member.
(C) The Speaker of the House of Representatives and the
Minority Leader shall each appoint one member.
(D) The Chair and the Ranking Member of the Committee on
Armed Services of the Senate shall each appoint one member.
(E) The Chair and the Ranking Member of the Committee on
Armed Services of the House of Representatives shall each
appoint one member.
(F) The Chair and the Ranking Member of the Committee on
Appropriations of the Senate shall each appoint one member.
(G) The Chair and the Ranking Member of the Committee on
Appropriations of the House of Representatives shall each
appoint one member.
(3) Deadline for appointment.--Not later than 30 days after the
date described in subsection (a)(2), members shall be appointed to
the Commission.
(4) Expiration of appointment authority.--The authority to make
appointments under this subsection shall expire on the date
described in subsection (a)(2), and the number of members of the
Commission shall be reduced by the number equal to the number of
appointments so not made.
(c) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the term of the Commission. A vacancy in the Commission
shall not affect its powers and shall be filled in the same manner as
the original appointment was made.
(e) Purpose.--The purpose of the Commission is to--
(1) examine the effectiveness of the planning, programming,
budgeting, and execution process and adjacent practices of the
Department of Defense, particularly with respect to facilitating
defense modernization;
(2) consider potential alternatives to such process and
practices to maximize the ability of the Department of Defense to
respond in a timely manner to current and future threats; and
(3) make legislative and policy recommendations to improve such
process and practices in order to field the operational
capabilities necessary to outpace near-peer competitors, provide
data and analytical insight, and support an integrated budget that
is aligned with strategic defense objectives.
(f) Scope and Duties.--The Commission shall perform the following
duties:
(1) Compare the planning, programming, budgeting, and execution
process of the Department of Defense, including the development and
production of documents including the Defense Planning Guidance
(described in section 113(g) of title 10, United States Code), the
Program Objective Memorandum, and the Budget Estimate Submission,
with similar processes of private industry, other Federal agencies,
and other countries.
(2) Conduct a comprehensive assessment of the efficacy and
efficiency of all phases and aspects of the planning, programming,
budgeting, and execution process, which shall include an assessment
of--
(A) the roles of Department officials and the timelines to
complete each such phase or aspect;
(B) the structure of the budget of Department of Defense,
including the effectiveness of categorizing the budget by
program, appropriations account, major force program, budget
activity, and line item, and whether this structure supports
modern warfighting requirements for speed, agility, iterative
development, testing, and fielding;
(C) a review of how the process supports joint efforts,
capability and platform lifecycles, and transitioning
technologies to production;
(D) the timelines, mechanisms, and systems for presenting
and justifying the budget of Department of Defense, monitoring
program execution and Department of Defense budget execution,
and developing requirements and performance metrics;
(E) a review of the financial management systems of the
Department of Defense, including policies, procedures, past and
planned investments, and recommendations related to replacing,
modifying, and improving such systems to ensure that such
systems and related processes of the Department result in--
(i) effective internal controls;
(ii) the ability to achieve auditable financial
statements; and
(iii) the ability to meet other financial management
and operational needs; and
(F) a review of budgeting methodologies and strategies of
near-peer competitors to understand if and how such competitors
can address current and future threats more or less
successfully than the United States.
(3) Develop and propose recommendations to improve the
effectiveness of the planning, programming, budgeting, and
execution process.
(g) Commission Report and Recommendations.--
(1) Interim report.--Not later than February 6, 2023, the
Commission shall submit to the Secretary of Defense and the
congressional defense committees an interim report including the
following:
(A) An examination of the development of the documents
described in subsection (f)(1).
(B) An analysis of the timelines involved in developing an
annual budget request and the future-years defense program (as
described in section 221 of title 10, United States Code),
including the ability to make changes to such request or such
program within those timelines.
(C) A review of the sufficiency of the civilian personnel
workforce in the Office of the Secretary of Defense and the
Office of Cost Assessment and Program Evaluation to conduct
budgetary and program evaluation analysis.
(D) An examination of efforts by the Department of Defense
to develop new and agile programming and budgeting to enable
the United States to more effectively counter near-peer
competitors.
(E) A review of the frequency and sufficiency of budget and
program execution analysis, to include any existing data
analytics tools and any suggested improvements.
(F) Recommendations for internal reform to the Department
relating to the planning, programming, budgeting, and execution
process for the Department of Defense to make internally.
(G) Recommendations for reform to the planning,
programming, budgeting, and execution process that require
statutory changes.
(H) Any other matters the Commission considers appropriate.
(2) Final report.--Not later than September 1, 2023, the
Commission shall submit to the Secretary of Defense and the
congressional defense committees a final report that includes the
elements required under paragraph (1).
(3) Briefings.--Not later than 180 days after the date
specified in subsection (a)(2), and not later than 30 days after
each of the interim and final reports are submitted, the Commission
shall provide to the congressional defense committees a briefing on
the status of the review and assessment conducted under subsection
(f) and include a discussion of any interim or final
recommendations.
(4) Form.--The reports submitted to Congress under paragraphs
(1) and (2) shall be submitted in unclassified form but may include
a classified annex.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the Commission
shall receive the full and timely cooperation of the Secretary of
Defense in providing the Commission with analysis, briefings, and
other information necessary for the fulfillment of its
responsibilities.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as a
liaison between the Department and the Commission.
(3) Detailees authorized.--The Secretary may provide, and the
Commission may accept and employ, personnel detailed from the
Department of Defense, without reimbursement.
(4) Facilitation.--
(A) Independent, non-government institute.--Not later than
45 days after the date specified in subsection (a)(2), the
Secretary of Defense shall make available to the Commission the
services of an independent, nongovernmental organization,
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and which is exempt from taxation under section 501(a)
of such Code, which has recognized credentials and expertise in
national security and military affairs, in order to facilitate
the discharge of the duties of the Commission under this
section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall make
available the services of a federally funded research and
development center in order to enhance the discharge of the
duties of the Commission under this section.
(i) Staff.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of such
section, the members of the commission shall be deemed to be
Federal employees.
(2) Executive director.--The Commission shall appoint and fix
the rate of basic pay for an Executive Director in accordance with
section 3161(d) of title 5, United States Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance with
section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with the
provisions of section 3109 of title 5, United States Code; and
(B) pay in connection with such services the travel
expenses of experts or consultants, including transportation
and per diem in lieu of subsistence, while such experts or
consultants are traveling from their homes or places of
business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert or
consultant procured pursuant to paragraph (1) may not exceed the
daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(k) Authority to Accept Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and property from
non-Federal entities for the purposes of aiding and facilitating the
work of the Commission. The authority in this subsection does not
extend to gifts of money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of conflicts of
interest shall be avoided. Subject to the authority in this section,
commissioners shall otherwise comply with rules set forth by the Select
Committee on Ethics of the Senate and the Committee on Ethics of the
House of Representatives governing Senate and House employees.
(l) Legislative Advisory Committee.--The Commission shall operate
as a legislative advisory committee and shall not be subject to the
provisions of the Federal Advisory Committee Act (Public Law 92-463; 5
U.S.C. App) or section 552b, United States Code (commonly known as the
Government in the Sunshine Act).
(m) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
(n) Use of Government Information.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out its
duties. Upon such request of the chair of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(o) Postal Services.--The Commission may use the United States mail
in the same manner and under the same conditions as departments and
agencies of the United States.
(p) Space for Use of Commission.--Not later than 30 days after the
establishment date of the Commission, the Administrator of General
Services, in consultation with the Commission, shall identify and make
available suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such 30-day
period, the Commission may lease space to the extent the funds are
available.
(q) Removal of Members.--A member may be removed from the
Commission for cause by the individual serving in the position
responsible for the original appointment of such member under
subsection (b)(1), provided that notice has first been provided to such
member of the cause for removal and voted and agreed upon by three
quarters of the members serving. A vacancy created by the removal of a
member under this subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as the original
appointment was made.
(r) Termination.--The Commission shall terminate 180 days after the
date on which it submits the final report required by subsection
(g)(2).
Subtitle B--Counterdrug Activities
SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1021 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1577), is
further amended--
(1) in subsection (a)(1), by striking ``2022'' and inserting
``2023''; and
(2) in subsection (c), by striking ``2022'' and inserting
``2023''.
SEC. 1008. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW
ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 271 note) is amended by striking ``2022'' and inserting
``2027''.
(b) Conditions.--Subsection (d) of such section is amended--
(1) by striking paragraph (1);
(2) by striking (2);
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively, and adjusting the margins accordingly;
and
(4) in paragraph (2), as so redesignated, by striking
``subparagraph (A)'' and inserting ``paragraph (1)''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1011. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.
(a) In General.--Section 231 of title 10, United States Code, is
amended--
(1) in subsection (b)(2), by adding at the end the following
new subparagraphs:
``(G) The expected service life of each vessel in the naval
vessel force provided for under the naval vessel construction plan,
disaggregated by ship class, and the rationale for any changes to
such expectations from the previous year's plan.
``(H) A certification by the appropriate Senior Technical
Authority designated under section 8669b of this title of the
expected service life of each vessel in the naval vessel force
provided for under the naval vessel construction plan,
disaggregated by ship class, and the rationale for any changes to
such expectations from the previous year's plan.
``(I) For each battle force ship planned to be inactivated
during the five-year period beginning on the date of the submittal
of the report, a description of the planned disposition of each
such ship following such inactivation and the potential gaps in
warfighting capability that will result from such ship being
removed from service.''; and
(2) in subsection (f), by adding at the end the following new
paragraph:
``(6) The term `expected service life' means the number of
years a naval vessel is expected to be in service.''.
(b) Repeal of Termination of Annual Naval Vessel Construction
Plan.--Section 1061(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note) is amended by
striking paragraph (15).
SEC. 1012. IMPROVING OVERSIGHT OF NAVY CONTRACTS FOR SHIPBUILDING,
CONVERSION, AND REPAIR.
(a) In General.--Chapter 805 title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8039. Deputy Commander of the Naval Sea Systems Command for the
Supervision of Shipbuilding, Conversion, and Repair
``(a) In General.--The Secretary of the Navy shall establish and
appoint an individual to the position of Deputy Commander of the Naval
Sea Systems Command for the Supervision of Shipbuilding, Conversion,
and Repair (in this section referred to as the `Deputy Commander').
``(b) Qualifications.--The Deputy Commander shall be a flag officer
of the Navy or an employee of the Navy in a Senior Executive Service
position who possesses the expertise required to carry out the
responsibilities specified in this section.
``(c) Reporting.--The Deputy Commander shall report directly to the
Commander of the Naval Sea Systems Command.
``(d) General Responsibilities.--The Deputy Commander shall
oversee--
``(1) the independent administration and management of the
execution of Department of Defense contracts awarded to commercial
entities for shipbuilding, conversion, and repair at the facilities
of such entities;
``(2) the designated contract administration office of the
Department responsible for performing contract administration
services for such contracts;
``(3) enforcement of requirements of such contracts to ensure
satisfaction of all contractual obligations;
``(4) the work performed on such contracts to facilitate
greater quality and economy in the products and services being
procured; and
``(5) on-site quality assurance by the Government for such
contracts, including inspections.
``(e) Non-Contract Administration Services Functions.--The Deputy
Commander shall manage the complexities and unique demands of
shipbuilding, conversion, and repair by overseeing the performance of
the following non-contract administration services functions for Navy
Program Executives Offices, fleet commanders, and the Naval Sea Systems
Command headquarters:
``(1) Project oversight, including the following:
``(A) Coordinating responses to non-contractual emergent
problems, as assigned by the Commander of Naval Sea Systems
Command.
``(B) Jointly coordinating activities of precommissioning
crews and ship's force, and other Government activities.
``(C) Communicating with customers and higher authority
regarding matters that may affect project execution.
``(D) Contract planning and procurement, including
participation in acquisition planning and pre-award activities,
including assessment of contractor qualifications.
``(2) Technical authority, including the following:
``(A) Execution of the technical authority responsibilities
by the Waterfront Chief Engineer.
``(B) Execution of the waterfront technical authority
responsibilities of the Naval Sea Systems Command for providing
Government direction and coordination in the resolution of
technical issues.
``(f) Comprehensive Contract Management.--The Deputy Commander
shall maintain direct relationships with the Director of the Defense
Contract Management Agency and the Director of the Defense Contract
Audit Agency to facilitate comprehensive contract management and
oversight of commercial entities awarded a contract described in
subsection (d)(1) and subcontractors (at any tier).
``(g) Subcontractor Audits.--The Deputy Commander shall request
that the Director of the Defense Contract Audit Agency perform periodic
audits of subcontractors that perform cost-type subcontracts or
incentive subcontracts--
``(1) that are valued at $50,000,000 or more; and
``(2) for which the Deputy Commander oversees the designated
contract administration office of the Department pursuant to
subsection (d)(2).
``(h) Annual Written Assessment.--(1) Not later than March 1 of
each year, the Deputy Commander shall submit to the congressional
defense committees a written assessment summarizing the activities and
results associated with the contracts for which the Deputy Commander
oversees the designated contract administration office of the
Department.
``(2) Each written assessment required by paragraph (1) shall
include the following:
``(A) A summary of shipbuilding performance that--
``(i) includes common critical process metrics documented
by the appropriate Navy supervisor of shipbuilding, conversion,
and repair for each commercial entity described in subsection
(d)(1);
``(ii) outlines corrective action requests for critical
defects and any actions planned or taken to address them;
``(iii) indicates waivers approved to support acceptance
trials, combined trials, and Navy acceptance of ship delivery
from the commercial entity described in subsection (d)(1), to
include the conditions requiring the approval of each waiver;
and
``(iv) includes information on the extent to which letters
of delegation are used for each shipbuilding program to provide
for quality assurance oversight of subcontractors (at any tier)
by the Defense Contract Management Agency.
``(B) A summary of any significant deficiencies in contractor
business systems or other significant contract discrepancies
documented by the appropriate Navy supervisor of shipbuilding,
conversion, and repair, the Defense Contract Management Agency, or
the Defense Contract Audit Agency for such contracts, and any
actions planned or taken in response.
``(C) A summary of the results from audits and inspections
completed by Naval Sea Systems Command that evaluate the
performance of the appropriate Navy supervisor of shipbuilding,
conversion, and repair in executing their quality assurance and
contract administration responsibilities.
``(D) A summary of any dedicated evaluation, such as a review
by a task force or working group, of the organizational structure
and resourcing plans and requirements that support the supervision
of shipbuilding, conversion, and repair, that--
``(i) includes key findings, recommendations, and
implementation plans; and
``(ii) indicates any additional support needed from other
organizations of the Department, such as the Defense Contract
Audit Agency and the Defense Contract Management Agency, for
implementation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 805 of such title is amended by adding at the end the following
new item:
``8039. Deputy Commander of the Naval Sea Systems Command for the
Supervision of Shipbuilding, Conversion, and Repair.''.
(c) Effective Date.--On the date that is 30 days after the date of
enactment of the National Defense Authorization Act for Fiscal Year
2023--
(1) this section and the amendments made by this section shall
take effect; and
(2) the Secretary of the Navy shall appoint an individual to
the position of Deputy Commander of the Naval Sea Systems Command
for the Supervision of Shipbuilding, Conversion, and Repair and
notify the congressional defense committees of such appointment.
SEC. 1013. CODIFICATION OF REQUIREMENT FOR ASSESSMENTS PRIOR TO START
OF CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING PROGRAM.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by inserting after section 8669b the following new section:
``Sec. 8669c. Assessments required prior to start of construction on
first ship of a shipbuilding program
``(a) In General.--The Secretary of the Navy may not approve the
start of construction of the first ship for any major shipbuilding
program until a period of 30 days has elapsed following the date on
which the Secretary--
``(1) submits a report to the congressional defense committees
on the results of any production readiness review;
``(2) certifies to the congressional defense committees that
the findings of any such review support commencement of
construction; and
``(3) certifies to the congressional defense committees that
the basic and functional design of the vessel is complete.
``(b) Report.--The report required by subsection (a)(1) shall
include, at a minimum, an assessment of each of the following:
``(1) The maturity of the ship's design, as measured by
stability of the ship contract specifications and the degree of
completion of detail design and production design drawings.
``(2) The maturity of developmental command and control
systems, weapon and sensor systems, and hull, mechanical and
electrical systems.
``(3) The readiness of the shipyard facilities and workforce to
begin construction.
``(4) The Navy's estimated cost at completion and the adequacy
of the budget to support the estimate.
``(5) The Navy's estimated delivery date and description of any
variance to the contract delivery date.
``(6) The extent to which adequate processes and metrics are in
place to measure and manage program risks.
``(c) Definitions.--For the purposes of subsection (a):
``(1) Basic and functional design.--The term `basic and
functional design', when used with respect to a vessel, means
design through computer aided models, that--
``(A) fixes the major hull structure of the vessel;
``(B) sets the hydrodynamics of the vessel; and
``(C) routes major portions of all distributive systems of
the vessel, including electricity, water, and other utilities.
``(2) First ship.--The term `first ship' applies to a ship if--
``(A) the ship is the first ship to be constructed under
that shipbuilding program; or
``(B) the shipyard at which the ship is to be constructed
has not previously started construction on a ship under that
shipbuilding program.
``(3) Major shipbuilding program.--The term `major shipbuilding
program' means a program for the construction of combatant and
support vessels required for the naval vessel force, as reported
within the annual naval vessel construction plan required by
section 231 of this title.
``(4) Production readiness review.--The term `production
readiness review' means a formal examination of a program prior to
the start of construction to determine if the design is ready for
production, production engineering problems have been resolved, and
the producer has accomplished adequate planning for the production
phase.
``(5) Start of construction.--The term `start of construction'
means the beginning of fabrication of the hull and superstructure
of the ship.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
8669b the following new item:
``8669c. Assessments required prior to start of construction on first
ship of a shipbuilding program.''.
(c) Conforming Repeal.--Section 124 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
28; 10 U.S.C. 8661 note) is repealed.
SEC. 1014. LIMITATION ON DECOMMISSIONING OR INACTIVATING A BATTLE FORCE
SHIP BEFORE THE END OF EXPECTED SERVICE LIFE.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by inserting after section 8678 the following new section:
``Sec. 8678a. Limitation on decommissioning or inactivating a battle
force ship before the end of expected service life
``(a) Limitation.--The Secretary of the Navy may not decommission
or inactivate a battle force ship before the end of the expected
service life of the ship.
``(b) Waiver.--The Secretary of the Navy may waive the limitation
under subsection (a) with respect to a battle force ship if--
``(1) the Secretary submits to the congressional defense
committees the certification described in subsection (c) with
respect to such ship; and
``(2) a period of 30 days has elapsed following the date on
which such certification was submitted.
``(c) Certification Described.--A certification described in this
subsection is a certification that--
``(1)(A) maintaining the battle force ship in a reduced
operating status is not feasible;
``(B) maintaining the ship with reduced capability is not
feasible;
``(C) maintaining the ship as a Navy Reserve unit is not
feasible;
``(D) transferring the ship to the Coast Guard is not feasible;
and
``(E) maintaining the ship is not required to support the most
recent national defense strategy required by section 113(g) of this
title; and
``(2) includes an explanation of--
``(A) the options assessed and the rationale for the
determinations under subparagraphs (A) through (D) of paragraph
(1); and
``(B) the rationale for the determination under
subparagraph (E) of such paragraph.
``(d) Form.--A certification submitted under subsection (b) shall
be submitted in unclassified form, but may include a classified annex.
``(e) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `expected service life' means the number of
years a naval vessel is expected to be in service.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by inserting after the item
relating to section 8678 the following new item:
``8678a. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.''.
SEC. 1015. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE
INDUSTRIAL BASE.
(a) Technical Correction.--The second section 8692 of title 10,
United States Code, as added by section 1026 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is redesignated as section 8693 and the table of
sections at the beginning of chapter 863 of such title is conformed
accordingly.
(b) Modification of Report.--Such section is further amended--
(1) by striking ``Not later'' and inserting ``(a) In General.--
Not later'';
(2) in subsection (a), as so redesignated, by adding at the end
the following new paragraph:
``(7) An analysis of the potential benefits of multi-year
procurement contracting for the stability of the shipbuilding
defense industrial base.''; and
(3) by adding at the end the following new subsection:
``(b) Solicitation and Analysis of Information.--In order to carry
out subsection (a)(2), the Secretary of the Navy and Secretary of Labor
shall--
``(1) solicit information regarding the age demographics and
occupational experience level from the private shipyards of the
shipbuilding defense industrial base; and
``(2) analyze such information for findings relevant to
carrying out subsection (a)(2), including findings related to the
current and projected defense shipbuilding workforce, current and
projected labor needs, and the readiness of the current and
projected workforce to supply the proficiencies analyzed in
subsection (a)(1).''.
SEC. 1016. ANNUAL REPORT ON SHIP MAINTENANCE.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8694. Annual report on ship maintenance
``(a) Report Required.--Not later than October 15 of each year, the
Secretary of the Navy shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report setting forth each
of the following:
``(1) A description of all ship maintenance planned for the
fiscal year during which the report is submitted, by hull.
``(2) The estimated cost of the maintenance described pursuant
to paragraph (1).
``(3) A summary of all ship maintenance conducted by the
Secretary during the previous fiscal year.
``(4) A detailed description of any ship maintenance that was
deferred during the previous fiscal year, including specific
reasons for the delay or cancellation of any availability.
``(5) A detailed description of the effect of each of the
planned ship maintenance actions that were delayed or cancelled
during the previous fiscal year, including--
``(A) a summary of the effects on the costs and schedule
for each delay or cancellation; and
``(B) the accrued operational and fiscal cost of all the
deferments over the fiscal year.
``(b) Form of Report.-- Each report submitted under subsection (a)
shall be submitted in unclassified form and made publicly available on
an appropriate internet website in a searchable format, but may contain
a classified annex.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new section:
``8694. Annual report on ship maintenance.''.
SEC. 1017. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT REPORTING.
(a) In General.--Chapter 863 of title 10, United States Code, as
amended by section 1023, is further amended by adding at the end the
following new section:
``SEC. 8695. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT
REPORTING.
``(a) In General.--Not later than 180 days after the date on which
a covered event occurs, the Chief of Naval Operations shall submit to
the congressional defense committees a battle force ship assessment and
requirement.
``(b) Assessment.--Each assessment required by subsection (a) shall
include the following:
``(1) A review of the strategic guidance of the Federal
Government, the Department of Defense, and the Navy for identifying
priorities, missions, objectives, and principles, in effect as of
the date on which the assessment is submitted, that the force
structure of the Navy must follow.
``(2) An identification of the steady-state demand for maritime
security and security force assistance activities.
``(3) An identification of the force options that can satisfy
the steady-state demands for activities required by theater
campaign plans of combatant commanders.
``(4) A force optimization analysis that produces a day-to-day
global posture required to accomplish peacetime and steady-state
tasks assigned by combatant commanders.
``(5) A modeling of the ability of the force to fight and win
scenarios approved by the Department of Defense.
``(6) A calculation of the number and global posture of each
force element required to meet steady-state presence demands and
warfighting response timelines.
``(c) Requirement.--(1) Each requirement required by subsection (a)
shall--
``(A) be based on the assessment required by subsection (b);
and
``(B) identify, for each of the fiscal years that are five, 10,
15, 20, 25, and 30 years from the date of the covered event--
``(i) the total number of battle force ships required;
``(ii) the number of battle force ships required in each of
the categories described in paragraph (2);
``(iii) the classes of battle force ships included in each
of the categories described in paragraph (2); and
``(iv) the number of battle force ships required in each
class.
``(2) The categories described in this paragraph are the following:
``(A) Aircraft carriers.
``(B) Large surface combatants.
``(C) Small surface combatants.
``(D) Amphibious warfare ships.
``(E) Attack submarines.
``(F) Ballistic missile submarines.
``(G) Combat logistics force.
``(H) Expeditionary fast transport.
``(I) Expeditionary support base.
``(J) Command and support.
``(K) Other.
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `covered event' means a significant change to
any of the following:
``(A) Strategic guidance that results in changes to theater
campaign plans or warfighting scenarios.
``(B) Strategic laydown of vessels or aircraft that affects
sustainable peacetime presence or warfighting response
timelines.
``(C) Operating concepts, including employment cycles,
crewing constructs, or operational tempo limits, that affect
peacetime presence or warfighting response timelines.
``(D) Assigned missions that affect the type or quantity of
force elements.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is further amended by adding at the end the
following new item:
``8695. Navy battle force ship assessment and requirement reporting.''.
(c) Baseline Assessment and Requirement Required.--The date of the
enactment of this Act is deemed to be a covered event for the purposes
of establishing a baseline battle force ship assessment and requirement
under section 8695 of title 10, United States Code, as added by
subsection (a).
SEC. 1018. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF MARK VI PATROL
BOATS.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022 for the
Navy may be obligated or expended to retire, prepare to retire, or
place in storage any Mark VI patrol boat.
(b) Report.--Not later than February 15, 2022, the Secretary of the
Navy, in consultation with the Commandant of the Marine Corps, shall
submit to the congressional defense committees a report that includes
each of the following:
(1) The rationale for the retirement of existing Mark VI patrol
boats, including an operational analysis of the effect of such
retirements on the warfighting requirements of the commanders of
each of the combatant commands.
(2) A review of how the Fifth Fleet requirements, which are
currently being met by Mark VI patrol boats, will continue to be
met without such boats, including an evaluation of the cumulative
effect of eliminating Mark VI patrol boats in addition to other
recent reductions in Navy riverine force structure, such as
riverine command boats, in the theater.
(3) An update on the implementation of the corrective actions
and lessons learned from the Navy's investigation of the January
12, 2016, incident in which 10 United States sailors were detained
by Iranian forces near Farsi Island, the extent to which retiring
existing Mark VI patrol boats will affect such implementation, and
how such implementation will be sustained in the absence of Mark VI
patrol boats.
(4) A review of operating concepts for escorting high value
units without Mark VI patrol boats.
(5) A description of the manner and concept of operations in
which the Marine Corps could use Mark VI patrol boats to support
distributed maritime operations, advanced expeditionary basing
operations, and persistent presence near maritime choke points and
strategic littorals in the Indo-Pacific region.
(6) An assessment of the potential for modification, and the
associated costs, of the Mark VI patrol boat for the inclusion of
loitering munitions or anti-ship cruise missiles, such as the Long
Range Anti-Ship Missile and the Naval Strike Missile, particularly
to support the concept of operations described in paragraph (5).
(7) A description of resources required for the Marine Corps to
possess, man, train, and maintain Mark VI patrol boats in the
performance of the concept of operations described in paragraph (5)
and modifications described in paragraph (6).
(8) A determination of whether the Marine Corps should take
possession of the Mark VI patrol boats effective on or before
September 30, 2022.
(9) Such other matters the Secretary determines appropriate.
SEC. 1019. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
GUIDED MISSILE CRUISERS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Department of
Defense may be obligated or expended to retire, prepare to retire,
inactivate, or place in storage more than 5 guided missile cruisers.
SEC. 1020. REVIEW OF SUSTAINMENT KEY PERFORMANCE PARAMETERS FOR
SHIPBUILDING PROGRAMS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff shall
initiate a review of the Joint Capabilities Integration and Development
System policy related to the setting of sustainment key performance
parameters and key system attributes for shipbuilding programs to
ensure such parameters and attributes account for a comprehensive range
of factors that could affect the operational availability and materiel
availability of a ship. Such review shall include the extent to which--
(1) the term ``operational availability'' should be redefined
by mission area and to include equipment failures that affect the
ability of a ship to perform primary missions; and
(2) the term ``materiel availability'' should be redefined to
take into account factors that could result in a ship being
unavailable for operations, including unplanned maintenance,
unplanned losses, and training.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff shall
submit to congressional defense committees a report on the findings and
recommendations of the review required under paragraph (a).
SEC. 1021. ASSESSMENT OF SECURITY OF GLOBAL MARITIME CHOKEPOINTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the security of global
maritime chokepoints from the threat of hostile kinetic attacks, cyber
disruptions, and other form of sabotage. The report shall include an
assessment of each of the following with respect to each global
maritime chokepoint covered by the report:
(1) The expected length of time and resources required for
operations to resume at the chokepoint in the event of attack,
sabotage, or other disruption of regular maritime operations.
(2) The security of any secondary chokepoint that could be
affected by a disruption at the global maritime chokepoint.
(3) Options to mitigate any vulnerabilities resulting from a
hostile kinetic attack, cyber disruption, or other form of sabotage
at the chokepoint.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(c) Global Maritime Chokepoint.--In this section, the term ``global
maritime chokepoint'' means any of the following:
(1) The Panama Canal.
(2) The Suez Canal.
(3) The Strait of Malacca.
(4) The Strait of Hormuz.
(5) The Bab el-Mandeb Strait.
(6) Any other chokepoint determined appropriate by the
Secretary.
SEC. 1022. REPORT ON ACQUISITION, DELIVERY, AND USE OF MOBILITY ASSETS
THAT ENABLE IMPLEMENTATION OF EXPEDITIONARY ADVANCED BASE OPERATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report that includes a detailed
description of each of the following:
(1) The doctrine, organization, training, materiel, leadership
and education, personnel, and facilities required to operate and
maintain a force of 24 to 35 Light Amphibious Warships, including--
(A) the estimated timeline for procuring and delivering
such warships;
(B) the estimated cost to procure, man, train, operate,
maintain, and modernize such warships for each of the 10 years
following the year in which the report is submitted, together
with the notional Department of Defense appropriations account
associated with each such cost; and
(C) the feasibility of accelerating the current Light
Amphibius Warship procurement plan and delivery schedule.
(2) The specific number, type, and mix of manned and unmanned
platforms required to support distributed maritime operations and
expeditionary advanced base operations.
(3) The feasibility of Marine Littoral Regiments using other
joint and interagency mobility platforms prior to, in addition to,
or in lieu of the operational availability of Light Amphibious
Warships, including--
(A) Army LCU-2000, Runnymede-class and General Frank S.
Besson-class logistics support vessels;
(B) Navy LCU-1610 or LCU-1700, Landing Craft Air Cushioned,
and Ship-to-Shore Connector vessels;
(C) commercial vessel options that--
(i) are available as of the date of the enactment of
this Act; and
(ii) meet Marine Littoral Regiment requirements for
movement, maneuver, sustainment, training,
interoperability, and cargo capacity and delivery;
(D) maritime prepositioning force vessels; and
(E) Coast Guard vessels.
(4) The specific number, type, and mix of long range unmanned
surface vessel platforms required to support distributed maritime
operations, expeditionary advanced base operations, along with
their operational interaction with the warfighting capabilities of
the fleet, including--
(A) the estimated timeline for procuring and delivering
such platforms; and
(B) the estimated cost to procure, man, train, operate,
maintain, and modernize such platforms for each of the 10 years
following the year in which the report is submitted, together
with the notional Department of Defense appropriations account
associated with each such cost.
(5) The feasibility of integrating Marine Littoral Regiments
with--
(A) special operations activities;
(B) joint and interagency planning;
(C) information warfare operations; and
(D) command, control, communications, computer,
intelligence, surveillance and reconnaissance, and security
cooperation activities.
(6) The projected cost and timeline for deploying Marine
Littoral Regiments, including--
(A) the extent to which such regiments will deploy with the
capabilities listed in paragraphs (1) through (5) during each
of the 10 years following the year in which the report is
submitted; and
(B) options to accelerate such deployments or increase the
capabilities of such regiments if additional resources are
available, together with a description of such resources.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in a publicly accessible, unclassified form, but may contain
a classified annex.
Subtitle D--Counterterrorism
SEC. 1031. INCLUSION IN COUNTERTERRORISM BRIEFINGS OF INFORMATION ON
USE OF MILITARY FORCE IN COLLECTIVE SELF-DEFENSE.
Section 485(a) of title 10, United States Code, is amended by
inserting after ``activities'' the following: ``, including the use of
military force under the notion of collective self-defense of foreign
partners''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most
recently amended by section 1043 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is further amended by striking ``December 31, 2021'' and
inserting ``December 31,2022''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most
recently amended by section 1041 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is further amended by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1954), as most recently amended by section 1042 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended by striking ``December 31,
2021'' and inserting ``December 31, 2022''.
SEC. 1035. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended
by section 1044 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), is further
amended by striking ``fiscal years 2018 through 2021'' and inserting
``any of fiscal years 2018 through 2022''.
SEC. 1036. REPORT ON MEDICAL CARE PROVIDED TO DETAINEES AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Chief Medical Officer of United States Naval
Station, Guantanamo Bay (in this section referred to as the ``Chief
Medical Officer''), shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the provision
of medical care to individuals detained at Guantanamo.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the quality of medical care provided to
individuals detained at Guantanamo, including whether such care
meets applicable standards of care.
(2) A description of the medical facilities and resources at
United States Naval Station, Guantanamo Bay, Cuba, available to
individuals detained at Guantanamo.
(3) A description of the medical facilities and resources not
at United States Naval Station, Guantanamo Bay, that would be made
available to individuals detained at Guantanamo as necessary to
meet applicable standards of care.
(4) A description of the range of medical conditions
experienced by individuals detained at Guantanamo as of the date on
which the report is submitted.
(5) A description of the range of medical conditions likely to
be experienced by individuals detained at Guantanamo, given the
medical conditions of such individuals as of the date on which the
report is submitted and the likely effects of aging.
(6) An assessment of any gaps between--
(A) the medical facilities and resources described in
paragraphs (2) and (3); and
(B) the medical facilities and resources required to
provide medical care necessary to meet applicable standards of
care for the medical conditions described in paragraphs (4) and
(5).
(7) The plan of the Chief Medical Officer to address the gaps
described in paragraph (6), including the estimated costs
associated with addressing such gaps.
(8) An assessment of whether the Chief Medical Officer has
secured from the Department of Defense access to individuals,
information, or other assistance that the Chief Medical Officer
considers necessary to enable the Chief Medical Officer to carry
out the Chief Medical Officer's duties, including full and
expeditious access to the following:
(A) Any individual detained at Guantanamo.
(B) Any medical records of any individual detained at
Guantanamo.
(C) Medical professionals of the Department who are
working, or have worked, at United States Naval Station,
Guantanamo Bay.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in classified form.
(d) Definitions.--In this section, the terms ``individual detained
at Guantanamo'', ``medical care'', and ``standard of care'' have the
meanings given those terms in section 1046(e) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1586; 10 U.S.C. 801 note).
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. CONGRESSIONAL OVERSIGHT OF ALTERNATIVE COMPENSATORY CONTROL
MEASURES.
(a) Limitation on Availability of Funds Pending Submission of
Report.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Department of
Defense for the Office of the Under Secretary of Defense for Policy,
not more than 75 percent may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional defense
committees the report required under section 119a(a) for 2021.
(b) Congressional Oversight.--Section 119a of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(g) Congressional Oversight.--(1) Neither the Secretary of
Defense nor the Director of National Intelligence may take any action
that would have the effect of limiting the access of the congressional
defense committees to--
``(A) any classified program, or any information about any
classified program, to which such committees have access as of the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2022; or
``(B) any classified program established, or any information
about any classified program that becomes available, after the date
of the enactment of such Act that is within the jurisdiction of
such committees.
``(2) In this subsection, the term `classified program' includes
any special access program, alternative compensatory control measure,
or any other controlled access program.''.
SEC. 1042. MODIFICATION OF NOTIFICATION REQUIREMENTS FOR SENSITIVE
MILITARY OPERATIONS.
Section 130f(d) of title 10, United States Code, is amended--
(1) by striking ``(1) Except as provided in paragraph (2), in''
and inserting ``In'';
(2) by striking paragraph (2);
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively;
(4) in paragraph (1), as so redesignated, by striking ``; or''
and inserting a semicolon;
(5) in paragraph (2), as so redesignated, by striking the
period at the end and inserting ``; or''; and
(6) by adding at the end the following new paragraph:
``(3) an operation conducted by the armed forces to free an
individual from the control of hostile foreign forces.''.
SEC. 1043. AUTHORITY TO PROVIDE SPACE AND SERVICES TO MILITARY WELFARE
SOCIETIES.
Section 2566 of title 10, United States Code is amended--
(1) in subsection (a), by striking ``of a military department''
and inserting ``concerned''; and
(2) in subsection (b)(1), by adding at the end the following
new subparagraph:
``(D) The Coast Guard Mutual Assistance.''.
SEC. 1044. CONGRESSIONAL NOTIFICATION OF SIGNIFICANT ARMY FORCE
STRUCTURE CHANGES.
(a) Notification Requirement.--
(1) In general.--Chapter 711 of title 10, United States Code,
is amended by inserting after section 7101 the following new
section:
``Sec. 7102. Congressional notification of significant Army force
structure changes
``(a) Notification Required.--Except as provided in subsection (c),
the Secretary of the Army shall submit to the congressional defense
committees written notification of any decision to make a significant
change to Army force structure prior to implementing or announcing such
change.
``(b) Contents.--A notification required under subsection (a) shall
include each of the following:
``(1) The justification for the planned change.
``(2) A description of the details of the planned change and
timing for implementation.
``(3) A description of the operational implications of the
planned change.
``(4) The estimated costs of such change.
``(c) Exception.--The notification requirement under subsection (a)
shall not apply if the Secretary of Defense certifies to the
congressional defense committees in advance that the planned Army force
structure change must be implemented immediately for reasons of
military urgency.
``(d) Definition of Significant Change to Army Force Structure.--In
this section, the term `significant change to Army force structure'
means--
``(1) a change in the number, type, or component of brigade-
level organizations or higher-echelon headquarters;
``(2) a change in the number or component of theater-level
capabilities, such as a multi-domain task force, Terminal High
Altitude Area Defense, long range fires unit, or headquarters; or
``(3) a permanent or temporary activation or inactivation of an
experimental unit or brigade-size or higher task force.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 7101 the following new item:
``7102. Congressional notification of significant Army force structure
changes.''.
(b) Briefing on Army Structure Memorandum.--Prior to issuing the
Army Structure Memorandum derived from the Total Army Analysis, the
Secretary of the Army shall provide to the congressional defense
committees a briefing on the memorandum. The briefing shall include a
description of each of the following:
(1) The guidance and direction provided to the Army by the
Secretary of Defense in the Defense Planning Guidance or other
directives.
(2) Any scenarios and assumptions used to conduct the analysis.
(3) Any significant force design updates incorporated in the
analysis.
(4) Any significant Army force structure changes directed in
the Army Structure Memorandum.
(5) Any substantive changes of assessed risk associated with
changes directed in the memorandum.
SEC. 1045. PROHIBITION ON USE OF NAVY, MARINE CORPS, AND SPACE FORCE AS
POSSE COMITATUS.
(a) In General.--Section 1385 of title 18, United States Code, is
amended--
(1) by striking ``or'' after ``Army'' and inserting ``, the
Navy, the Marine Corps,'';
(2) by inserting ``, or the Space Force'' after ``Air Force'';
and
(3) in the section heading, by striking ``Army and Air Force''
and inserting ``Army, Navy, Marine Corps, Air Force, and Space
Force''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 67 of such title is amended by striking the item relating to
section 1385 and inserting the following new item:
``1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as
posse comitatus''.
SEC. 1046. COMPARATIVE TESTING REPORTS FOR CERTAIN AIRCRAFT.
(a) Modification of Limitation.--Section 134(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2037) is amended by striking ``the report under subsection
(e)(2)'' and inserting ``a report that includes the information
described in subsection (e)(2)(C)''.
(b) Comparative Testing Reports Required.--
(1) Report from director of operational test and evaluation.--
Not later than 53 days after the date of the enactment of this Act,
the Director of Operational Test and Evaluation shall submit to the
congressional defense committees a report that includes the
information described in section 134(e)(1)(B) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2038).
(2) Report from secretary of the air force.--Not later than 53
days after the date of the submission of the report under paragraph
(1), the Secretary of the Air Force shall submit to the
congressional defense committees a report that includes the
information described in section 134(e)(2)(C) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2038).
SEC. 1047. SPECIAL OPERATIONS FORCES JOINT OPERATING CONCEPT FOR
COMPETITION AND CONFLICT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict and the Commander of the United
States Special Operations Command shall jointly submit to the
congressional defense committees a Special Operations Forces joint
operating concept for competition and conflict.
(b) Elements.--The joint operating concept required by subsection
(a) shall include the following:
(1) A detailed description of the manner in which special
operations forces will be expected to operate in the future across
the spectrum of operations, including operations below the
threshold of traditional armed conflict, crisis, and armed
conflict.
(2) An explanation of the roles and responsibilities of the
national mission force and the theater special operations forces,
including how such forces will be integrated with each other and
with general purpose forces.
(3) An articulation of the required capabilities of the special
operations forces.
(4) An explanation of the manner in which the joint operating
concept relates to and fits within the joint warfighting concept
produced by the Joint Chiefs of Staff.
(5) An explanation of the manner in which the joint operating
concept relates to and integrates into the operating concepts of
the Armed Forces.
(6) Any other matter the Assistant Secretary and the Commander
consider relevant.
SEC. 1048. LIMITATION ON AVAILABILITY OF CERTAIN FUNDING FOR OPERATION
AND MAINTENANCE.
Of the amounts authorized to be appropriated by this Act for fiscal
year 2022 for operation and maintenance, Defense-wide, and available
for the Office of the Secretary of Defense, not more than 75 percent
may be obligated or expended until the date that is 15 days after the
date on which the Secretary submits to the congressional defense
committees the following:
(1) The first quarterly report identifying and summarizing all
execute orders approved by the Secretary of Defense or the
commander of a combatant command in effect for the Department of
Defense as required by section 1744(c) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 113 note).
(2) The report on the policy of the Department of Defense
relating to civilian casualties resulting from United States
military operations required by section 936(d) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 134 note).
SEC. 1049. LIMITATION ON USE OF CERTAIN FUNDS PENDING SUBMISSION OF
REPORT, STRATEGY, AND POSTURE REVIEW RELATING TO INFORMATION
ENVIRONMENT.
Of the amounts authorized to be appropriated for fiscal year 2022
by section 301 for operation and maintenance and available for the
Office of the Secretary of Defense for the travel of persons as
specified in the table in section 4301, not more than 75 percent shall
be available until the date on which all of the following are submitted
to the Committee on Armed Services of the Senate and the Committee on
Armed Services House of Representatives:
(1) The report required by subsection (h)(1) of section 1631 of
the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
(2) The strategy and posture review required by subsection (g)
of such section.
SEC. 1050. BRIEFING BY COMPTROLLER GENERAL AND LIMITATION ON USE OF
FUNDS PENDING COMPLIANCE WITH REQUIREMENT FOR INDEPENDENT STUDIES
REGARDING POTENTIAL COST SAVINGS.
(a) Briefing Requirement.--Not later than March 31, 2022, the
Comptroller General of the United States shall provide to the
congressional defense committees a briefing on the status of the
ongoing efforts of the Comptroller General with respect to the
effectiveness of each of the following:
(1) Department of Defense programming and planning for the
nuclear enterprise.
(2) Department of Defense processes for identifying the
relevance of legacy military systems.
(3) Defense weapon system acquisition and contracting.
(b) Limitation on Availability of Funds.--Of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2022 for the Office of the Secretary of Defense for travel
expenses, not more than 90 percent may be obligated or expended before
the date on which the Secretary of Defense has entered into agreements
for the conduct of the independent reviews required under section 1753
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1852).
SEC. 1051. SURVEY ON RELATIONS BETWEEN MEMBERS OF THE ARMED FORCES AND
MILITARY COMMUNITIES.
(a) Survey.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, shall
conduct a survey of covered individuals regarding relations between
covered individuals and covered communities.
(2) Contents of survey.--The survey shall be designed to
solicit information from covered individuals regarding each of the
following:
(A) The rank, age, racial, ethnic, and gender demographics
of the covered individuals.
(B) Relationships between covered individuals and the
covered community, including support services and acceptance of
the military community.
(C) The availability of housing, health care, mental health
services, and education for covered individuals, employment
opportunities for military spouses, and other relevant issues.
(D) Initiatives of local government and community
organizations with respect to covered individuals and covered
communities.
(E) The physical safety of covered individuals while in a
covered community but outside the military installation located
in such covered community.
(F) Any other matters designated by the Secretary of
Defense.
(3) Locations.--For purposes of conducting the survey under
this subsection, the Secretary of Defense shall select ten
geographically diverse military installations where the survey will
be conducted.
(b) Additional Activities.--In the course of conducting surveys
under this section, the Secretary may carry out any of the following
activities with respect to covered individuals and covered communities:
(1) Facilitating local listening sessions and information
exchanges.
(2) Developing educational campaigns.
(3) Supplementing existing local and national defense community
programs.
(4) Sharing best practices and activities.
(c) Coordination.--To support activities under this section, the
Secretary of Defense may coordinate with local governments and not-for-
profit organizations that represent covered individuals.
(d) Briefing.--Not later than September 30, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the survey conducted
under subsection (a). Such briefing shall include--
(1) with respect to each covered community--
(A) the results of the survey; and
(B) the activities conducted to address racial inequity in
the community;
(2) the aggregate results of the survey; and
(3) best practices for creating positive relationships between
covered individuals and covered communities.
(e) Definitions.--In this section:
(1) The term ``covered community'' means a military
installation and any geographic area within 10 miles of such
military installation.
(2) The term ``covered individual'' means any of the following
individuals who live in a covered community or work on a military
installation in a covered community:
(A) A member of the Armed Forces.
(B) A family member of an individual described in
subparagraph (A).
(3) The term ``military installation'' has the meaning given
such term in section 2801 of title 10, United States Code.
SEC. 1052. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH CERTAIN
STATUTORY REPORTING REQUIREMENTS.
(a) Limitation.--Of the funds authorized to be appropriated or
otherwise made available for fiscal year 2022 for the Office of the
Secretary of Defense for travel expenses, not more than 90 percent may
be obligated or expended before the date on which all of the following
reports are submitted to Congress and the unclassified portions thereof
made publicly available:
(1) The report required under section 589F(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
(2) The reports required under section 1299H(d) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283).
(3) The report required under section 888(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(4) The report required under section 1752(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(b) Briefing Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on obstacles to compliance with
congressional mandated reporting requirements.
SEC. 1053. NAVY COORDINATION WITH COAST GUARD AND SPACE FORCE ON
AIRCRAFT, WEAPONS, TACTICS, TECHNIQUE, ORGANIZATION, AND EQUIPMENT OF
JOINT CONCERN.
Section 8062(d) of title 10, United States Code, is amended by
inserting ``the Coast Guard, the Space Force,'' after ``the Air
Force,''.
Subtitle F--Studies and Reports
SEC. 1061. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR FAMILIES IN
QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Technical Amendment.--
(1) In general.--The second section 118a of title 10, United
States Code (relating to the quadrennial quality of life review) is
redesignated as section 118b.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 2 of such title is amended by striking the item relating
to the second section 118a and inserting the following new item:
``118b. Quadrennial quality of life review.''.
(b) Inclusion in Review.--Subsection (c) of section 118b of title
10, United States Code, as redesignated under subsection (a), is
amended by adding at the end the following new paragraph:
``(15) Support services for Gold Star families.''.
SEC. 1062. PUBLIC AVAILABILITY OF SEMI-ANNUAL SUMMARIES OF REPORTS.
(a) In General.--Section 122a of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Semi-annual Summaries.--Not later than January 1 and July 1
of each year, the Secretary of Defense shall make publicly available on
an appropriate internet website a summary of all reports submitted to
Congress by the Department of Defense for the preceding six-month
period that are required to be submitted by statute. Each such summary
shall include, for each report covered by the summary, the title of
report, the date of delivery, and the section of law under which such
report is required.''.
(b) Applicability.--Subsection (c) of section 122a of title 10,
United States Code, as added by subsection (a), shall apply beginning
on the date that is one year after the date of the enactment of this
Act.
SEC. 1063. EXTENSION OF REPORTING REQUIREMENT REGARDING ENHANCEMENT OF
INFORMATION SHARING AND COORDINATION OF MILITARY TRAINING BETWEEN
DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF DEFENSE.
Section 1014(d)(3) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
SEC. 1064. CONTINUATION OF CERTAIN DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS.
Section 1061 of the National Defense Authorization Act for Fiscal
Year 2017 (10 U.S.C. 111 note) is amended--
(1) in subsection (b)(2), by adding at the end the following
new subparagraphs:
``(E) The submission of the report required under section
14 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-5).
``(F) The submission of the report required under section
2504 of title 10, United States Code.'';
(2) in subsection (c), by striking paragraph (47); and
(3) in subsection (i), by striking paragraph (30).
SEC. 1065. UPDATED REVIEW AND ENHANCEMENT OF EXISTING AUTHORITIES FOR
USING AIR FORCE AND AIR NATIONAL GUARD MODULAR AIRBORNE FIRE-FIGHTING
SYSTEMS AND OTHER DEPARTMENT OF DEFENSE ASSETS TO FIGHT WILDFIRES.
Section 1058 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 31 U.S.C. 1535 note) is amended by
adding at the end the following new subsection:
``(g) Updated Review and Enhancement of Authorities.--(1) Not later
than 120 days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Director shall--
``(A) conduct a second review under subsection (a) and make a
second determination under subsection (b); and
``(B) submit to Congress a report that includes--
``(i) the results of the second review and second
determination required by subparagraph (A); and
``(ii) a description, based on such second determination,
of any new modifications proposed to be made to existing
authorities under subsection (c) or (d), including whether
there is a need for legislative changes to further improve the
procedures for using Department of Defense assets to fight
wildfires.
``(2) Pursuant to the second determination under subsection (b)
required by paragraph (1)(A), the Director shall develop and implement
such modifications, regulations, policies, and interagency procedures
as the Director determines appropriate pursuant to subsections (c) and
(d). Any such modification, regulation, policy, or interagency
procedure shall not take effect until the end of the 30-day period
beginning on the date on which the report is submitted to Congress
under paragraph (1)(B).''.
SEC. 1066. GEOGRAPHIC COMBATANT COMMAND RISK ASSESSMENT OF AIR FORCE
AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE MODERNIZATION
PLAN.
(a) In General.--Not later than March 31, 2022, each commander of a
geographic combatant command shall submit to the congressional defense
committees a report containing an assessment of the level of
operational risk to that command posed by the plan of the Air Force to
modernize and restructure airborne intelligence, surveillance, and
reconnaissance capabilities to meet near-, mid-, and far-term
contingency and steady-state operational requirements against
adversaries in support of the objectives of the current national
defense strategy.
(b) Plan Assessed.--The plan of the Air Force referred to in
subsection (a) is the plan required under section 142 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
(c) Assessment of Risk.--In assessing levels of operational risk
for purposes of subsection (a), a commander shall use the military risk
matrix of the Chairman of the Joint Chiefs of Staff, as described in
CJCS Instruction 3401.01E.
(d) Geographic Combatant Command.--In this section, the term
``geographic combatant command'' means each of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1067. BIENNIAL ASSESSMENTS OF AIR FORCE TEST CENTER.
Not later than December 1 of each of 2022, 2024, and 2026, the
Secretary of the Air Force shall submit to the congressional defense
committees an assessment of the Air Force Test Center. Each such
assessment shall include, for the period covered by the assessment, a
description of--
(1) any challenges of the Air Force Test Center with respect to
completing its mission; and
(2) the plan of the Secretary to address such challenges.
SEC. 1068. REPORT ON 2019 WORLD MILITARY GAMES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the participation of the United States in the 2019 World
Military Games. Such report shall include a detailed description of
each of the following:
(1) The number of United States athletes and staff who attended
the 2019 World Military Games and became ill with COVID-19-like
symptoms during or shortly after their return to the United States.
(2) The results of any blood testing conducted on athletes and
staff returning from the 2019 World Military Games, including
whether those blood samples were subsequently tested for COVID-19.
(3) The number of home station Department of Defense facilities
of the athletes and staff who participated in the 2019 World
Military Games that experienced outbreaks of illnesses consistent
with COVID-19 symptoms upon the return of members of the Armed
Forces from Wuhan, China.
(4) The number of Department of Defense facilities visited by
team members after returning from Wuhan, China, that experienced
COVID-19 outbreaks during the first quarter of 2020, including in
relation to the share of other Department of Defense facilities
that experienced COVID-19 outbreaks through March 31, 2020.
(5) Whether the Department tested members of the Armed Forces
who traveled to Wuhan, China, for the World Military Games for
COVID-19 antibodies, and if so, what portion, if any, of those
results were positive, and when such testing was conducted.
(6) Whether there are, or have been, any investigations,
including under the auspices of an Inspector General, across the
Department of Defense or the military departments into possible
connections between United States athletes who traveled to Wuhan,
China, and the outbreak of COVID-19.
(7) Whether the Department has engaged with the militaries of
allied or partner countries about illnesses surrounding the 2019
World Military Games, and if so, how many participating militaries
have indicated to the Department that their athletes or staff may
have contracted COVID-19-like symptoms during or immediately after
the Games.
(b) Form of Report.--Except to the extent prohibited by law, the
report required under this section shall be submitted in unclassified
form and made publicly available on an internet website in a searchable
format, but may contain a classified annex.
SEC. 1069. REPORTS ON OVERSIGHT OF AFGHANISTAN.
(a) Reports.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter until December 31, 2026,
the Secretary of Defense, in coordination with the Director of National
Intelligence and consistent with the protection of intelligence sources
and methods, shall submit to the appropriate congressional committees a
report on Afghanistan. Each such report shall address, with respect to
Afghanistan, the following matters:
(1) An up-to-date assessment of the over-the-horizon
capabilities of the United States.
(2) A description of the concept of force with respect to the
over-the-horizon force of the United States.
(3) The size of such over-the-horizon force.
(4) The location of such over-the-horizon force, including the
locations of the forces as of the date of the submission of the
report and any plans to adjust such locations.
(5) The chain of command for such over-the-horizon force.
(6) The launch criteria for such over-the-horizon force.
(7) Any plans to expand or adjust such over-the-horizon force
capabilities in the future, to account for evolving terrorist
threats in Afghanistan.
(8) An assessment of the terrorist threat in Afghanistan.
(9) An assessment of the quantity and types of United States
military equipment remaining in Afghanistan, including an
indication of whether the Secretary plans to leave, recover, or
destroy such equipment.
(10) Contingency plans for the retrieval or hostage rescue of
United States citizens located in Afghanistan.
(11) Contingency plans related to the continued evacuation of
Afghans who hold special immigrant visa status under section 602 of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) or
who have filed a petition for such status, following the withdrawal
of the United States Armed Forces from Afghanistan.
(12) A concept of logistics support to support the over-the-
horizon force of the United States, including all basing and
transportation plans.
(13) An assessment of changes in the ability of al-Qaeda and
ISIS-K to conduct operations within Taliban-held Afganistan or
outside of Afghanistan against the United States and allies of the
United States.
(14) An assessment of the threat posed by prisoners released by
the Taliban from the Pul-e-Charkhi prison and Parwan detention
facility, Afghanistan, in August 2021, including, for each such
prisoner--
(A) the country of origin of the prisoner;
(B) any affiliation of the prisoner with a foreign
terrorist organization; and
(C) in the case of any such prisoner determined to pose a
risk for external operations outside of Afghanistan, the
assessed location of the prisoner.
(15) The status of any military cooperation between the Taliban
and China, Russia, or Iran.
(16) Any other matters the Secretary determines appropriate.
(b) Form.--Each report required under this section may be submitted
in either unclassified or classified form, as determined appropriate by
the Secretary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services and the Select Committee on
Intelligence of the Senate.
SEC. 1070. STUDY AND REPORT ON DEPARTMENT OF DEFENSE EXCESS PERSONAL
PROPERTY PROGRAM.
(a) Study.--The Director of the Defense Logistics Agency shall
conduct a study on the excess personal property program of the
Department of Defense under section 2576a of title 10, United States
Code, and the administration of such program by the Law Enforcement
Support Office. Such study shall include--
(1) an analysis of the degree to which personal property
transferred under such program has been distributed equitably
between larger, well-resourced municipalities and units of
government and smaller, less well-resourced municipalities and
units of government; and
(2) an identification of potential reforms to such program to
ensure that such property is transferred in a manner that provides
adequate opportunity for participation by smaller, less well-
resourced municipalities and units of government.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director shall submit to the congressional
defense committees a report on the results of a study required under
subsection (a).
SEC. 1071. OPTIMIZATION OF IRREGULAR WARFARE TECHNICAL SUPPORT
DIRECTORATE.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall submit to the congressional
defense committees a plan for improving the support provided by the
Irregular Warfare Technical Support Directorate to meet military
requirements. Such plan shall include the following:
(1) Specific actions to--
(A) ensure adequate focus on rapid fielding of required
capabilities;
(B) improve metrics and methods for tracking projects that
have transitioned into programs of record; and
(C) minimize overlap with other research, development, and
acquisition efforts.
(2) Such other matters as the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict considers
relevant.
(b) Department of Defense Instruction Required.--Not later than 270
days after the date of the enactment of this Act, the Assistant
Secretary of Defense for Special Operations and Low Intensity Conflict,
in coordination with the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition and
Sustainment, and the Secretaries of the military departments, shall
publish an updated Department of Defense Instruction in order to--
(1) define the objectives, organization, mission, customer
base, and role of the Irregular Warfare Technical Support
Directorate;
(2) ensure coordination with external program managers assigned
to the military departments and the United States Special
Operations Command;
(3) facilitate adequate oversight by the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict, the
Under Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment; and
(4) address such other matters as the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict considers
relevant.
SEC. 1072. ASSESSMENT OF REQUIREMENTS FOR AND MANAGEMENT OF ARMY THREE-
DIMENSIONAL GEOSPATIAL DATA.
(a) Joint Assessments and Determinations.--The Vice Chairman of the
Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence
and Security, and the Secretary of the Army, in consultation with other
appropriate officials of the Department of Defense, shall jointly carry
out each of the following:
(1) An assessment of the requirements of the joint force with
respect to three-dimensional geospatial data in order to achieve
Combined Joint All-Domain Command and Control, including the use of
such data for each of the following:
(A) Training.
(B) Planning.
(C) Modeling and simulation.
(D) Mission rehearsal.
(E) Operations.
(F) Intelligence, including geolocation support to
intelligence collection systems.
(G) Dynamic and precision targeting.
(H) After action reviews.
(2) A determination of whether three-dimensional geospatial
data derived from Government sources, commercial sources, or both
(referred to as ``derivative three-dimensional geospatial data'')
meets the accuracy, resolution, community sensor model compliance,
and currency required for precision targeting.
(3) A determination of the optimum management, joint funding
structure, and resources required for the collection, tasking,
acquisition, production, storage, and consumption of three-
dimensional geospatial data, including a consideration of--
(A) designating the Army as the Executive Agent for
warfighter collection, production, and consumption of three-
dimensional geospatial content at the point-of-need;
(B) designating the National Geospatial Intelligence
Agency, in its role as the Geospatial Intelligence Functional
Manager, as the Executive Agent for quality assessment,
testing, evaluation, validation, and enterprise storage and
retrieval of derivative three-dimensional geospatial data;
(C) existing governance structures across the Department of
Defense and the National Geospatial Intelligence Agency for the
procurement and production of three-dimensional geospatial data
and the development of tools and plans, from either commercial
or Government sources; and
(D) identifying potential commercial and Government
capabilities that could be established as a three-dimensional
geospatial intelligence program of record.
(b) Army Management Considerations.--If the Vice Chairman, the
Under Secretary, and the Secretary of the Army determine that the Army
should serve as the Executive Agent for Department of Defense three-
dimensional geospatial data, the Secretary shall determine the
respective roles within the Army.
(c) Additional Army Determinations.--The Secretary of the Army
shall determine whether operational use of the Integrated Visual
Augmentation System and Army intelligence and mission command systems
require three-dimensional geospatial data for assigned operational
missions, including targeting.
(d) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Vice Chairman, the Under Secretary, and
the Secretary of the Army shall complete the assessments and
determinations required by this section and provide to the
congressional defense committees a briefing on such assessments and
determinations.
SEC. 1073. REQUIRED REVIEW OF DEPARTMENT OF DEFENSE UNMANNED AIRCRAFT
SYSTEMS CATEGORIZATION.
(a) In General.--The Under Secretary of Defense for Acquisition and
Sustainment shall initiate a process--
(1) to review the system used by the Department of Defense for
categorizing unmanned aircraft systems, as described in Joint
Publication 3-30 titled ``Joint Air Operations''; and
(2) to determine whether modifications should be made in the
Department of Defense grouping of unmanned aerial systems into five
broad categories, as in effect on the date of the enactment of this
Act.
(b) Required Elements for Revision.--If the Under Secretary
determines under subsection (a) that the characteristics associated
with any of the five categories of unmanned aircraft systems should be
revised, the Under Secretary shall consider the effect a revision would
have on--
(1) the future capability and employment needs to support
current and emerging warfighting concepts;
(2) advanced systems and technologies available in the current
commercial marketplace;
(3) the rapid fielding of unmanned aircraft systems technology;
and
(4) the integration of unmanned aircraft systems into the
National Airspace System.
(c) Consultation Requirements.--In carrying out the review required
under subsection (a), the Under Secretary shall consult with--
(1) the Secretary of each of the military departments;
(2) the Chairman of the Joint Chiefs of Staff;
(3) the Secretary of State; and
(4) the Administrator of the Federal Aviation Administration.
(d) Report Required.--Not later than October 1, 2022, the Under
Secretary shall submit to the congressional defense committees, the
Committee on Transportation and Infrastructure and the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Commerce, Science, and Transportation and the Committee on Foreign
Relations of the Senate a report that includes a description of--
(1) the results of the review initiated under subsection (a);
(2) any revisions planned to the system used by the Department
of Defense for categorizing unmanned aircraft systems as a result
of such review;
(3) the costs and benefits of any planned revisions; and
(4) a proposed implementation plan and timelines for such
revisions.
SEC. 1074. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT
ALLOCATION PLAN.
(a) In General.--Not later than October 31, 2022, and annually
thereafter through 2024, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and House of Representatives
a classified report and a classified briefing on the Global Force
Management Allocation Plan and its implementation.
(b) Report.--Each report required by subsection (a) shall include a
summary describing the Global Force Management Allocation Plan being
implemented as of October 1 of the year in which the report is
provided.
(c) Briefing.--Each briefing required by subsection (a) shall
include the following:
(1) A summary of the major modifications to global force
allocation made during the preceding fiscal year that deviated from
the Global Force Management Allocation Plan for that fiscal year as
a result of a shift in strategic priorities, requests for forces,
or other contingencies, and an explanation for such modifications.
(2) A description of the major differences between the Global
Force Management Allocation Plan for the current fiscal year and
the Global Force Management Allocation Plan for the preceding
fiscal year.
(3) A description of any difference between the actual global
allocation of forces, as of October 1 of the year in which the
briefing is provided, and the forces stipulated in the Global Force
Management Allocation Plan being implemented on that date.
SEC. 1075. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPERFUND
FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on active Superfund facilities where a hazardous
substance originated from Department of Defense activities occurring
between the beginning of World War I and the end of the Korean War.
Such report shall include a description of such Superfund facilities as
well as any actions, planned actions, communication with communities,
and cooperation with relevant agencies, including the Environmental
Protection Agency, carried out or planned to be carried out by the
Department of Defense.
(b) Superfund Facility.--In this section, the term ``Superfund
facility'' means a facility included on the National Priorities List
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
SEC. 1076. REPORT ON IMPLEMENTATION OF IRREGULAR WARFARE STRATEGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through fiscal year
2027, the Secretary of Defense shall submit to the congressional
defense committees a report on the activities and programs of the
Department of Defense to implement the irregular warfare strategy
consistent with the 2019 Irregular Warfare Annex to the National
Defense Strategy, as amended by any subsequent national defense
strategy.
(b) Elements of Report.--Each report required by subsection (a)
shall include the following elements for the year covered by the
report:
(1) A description and assessment of efforts to institutionalize
the approach of the Department of Defense to irregular warfare and
maintain a baseline of capabilities and expertise in irregular
warfare in both conventional and special operations forces,
including efforts to--
(A) institutionalize irregular warfare in force development
and design;
(B) transform the approach of the Department of Defense to
prioritize investments in, and development of, human capital
for irregular warfare;
(C) ensure an approach to irregular warfare that is agile,
efficient, and effective by investing and developing
capabilities in a cost-informed and resource-sustainable
manner; and
(D) integrate irregular warfare approaches into operational
plans and warfighting concepts for competition, crisis, and
conflict.
(2) A description and assessment of efforts to operationalize
the approach of the Department of Defense to irregular warfare to
meet the full range of challenges posed by adversaries and
competitors, including efforts to--
(A) execute proactive, enduring campaigns using irregular
warfare capabilities to control the tempo of competition, shape
the environment, and increase the cost of hostilities against
the United States and its allies;
(B) adopt a resource-sustainable approach to countering
violent extremist organizations and consolidating gains against
the enduring threat from these organizations;
(C) improve the ability of the Department of Defense to
understand and operate within the networked, contested, and
multi-domain environment in which adversaries and competitors
operate;
(D) foster and sustain unified action in irregular warfare
including through collaboration and support of interagency
partners in the formulation of assessments, plans, and the
conduct of operations; and
(E) expand networks of allies and partners, including for
the purpose of increasing the ability and willingness of allies
and partners to defend their sovereignty, contribute to
coalition operations, and advance common security initiatives.
(3) A description of--
(A) the status of the plan required to be produced by the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and the Chairman of the Joint Chiefs of
Staff, in coordination with the combatant commands and the
Secretaries of the military departments, to implement the
objectives described in the 2019 Irregular Warfare Annex to the
National Defense Strategy; and
(B) the efforts by the relevant components of the
Department of Defense to expeditiously implement such plan,
including the allocation of resources to implement the plan.
(4) An assessment by the Secretary of Defense of the resources,
plans, and authorities required to establish and sustain irregular
warfare as a fully-integrated core competency for the Joint Forces.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1077. STUDY ON PROVIDING END-TO-END ELECTRONIC VOTING SERVICES FOR
ABSENT UNIFORMED SERVICES VOTERS IN LOCATIONS WITH LIMITED OR IMMATURE
POSTAL SERVICE.
(a) Study.--In consultation with the Chief Information Officer of
the Department of Defense, the Presidential designee under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.) shall conduct a study on providing end-to-end electronic voting
services (including services for registering to vote, requesting an
electronic ballot, completing the ballot, and returning the ballot) in
participating States for absent uniformed services voters under such
Act who are deployed or mobilized to locations with limited or immature
postal service (as determined by the Presidential designee).
(b) Specifications.--In conducting the study under subsection (a),
the Presidential designee shall include--
(1) methods that would ensure voters have the opportunity to
verify that their ballots are received and tabulated correctly by
the appropriate State and local election officials;
(2) methods that would generate a verifiable and auditable vote
trail for the purposes of any recount or audit conducted with
respect to an election;
(3) a plan of action and milestones on steps that would need to
be achieved prior to implementing end-to-end electronic voting
services for absentee uniformed services voters;
(4) an assessment of whether commercially available
technologies may be used to carry out any of the elements of the
plan; and
(5) an assessment of the resources needed to implement the plan
of action and milestones referred to in paragraph (3).
(c) Consultation With State and Local Election Officials.--The
Presidential designee shall conduct the study under subsection (a) in
consultation with appropriate State and local election officials.
(d) Use of Contractors.--To the extent the Presidential designee
determines to be appropriate, the Presidential designee may include in
the study conducted under subsection (a) an analysis of the potential
use of contractors to provide voting services and how such contractors
could be used to carry out the elements of the plan referred to in
subsection (b)(3).
(e) Briefing; Report.--
(1) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Presidential designee shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on the interim results of the study
conducted under subsection (a).
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Presidential designee shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the results of the study conducted
under subsection (a).
SEC. 1078. REPORT ON AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT
RESCUE AIRCRAFT AND EQUIPMENT.
Not later than June 1, 2022, the Secretary of the Air Force shall
submit to the congressional defense committees a report containing--
(1) a strategy for the acquisition of combat rescue aircraft
and equipment that aligns with the stated capability and capacity
requirements of the Air Force; and
(2) an analysis of how such strategy meets the requirements of
the national defense strategy required under section 113(g) of
title 10, United States Code.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of part I of
subtitle A is amended by striking the item relating to the second
chapter 19 (relating to cyber matters).
(2) The table of sections at the beginning of chapter 2 is
amended by striking the item relating to section 118 and inserting
the following new item:
``118. Materiel readiness metrics and objectives for major weapon
systems.''.
(3) The second section 118a, as added by section 341 of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is redesignated as section
118b, and the table of sections at the beginning of chapter 2 of
such title is conformed accordingly.
(4) Section 138(b)(2)(A)(i) is amended by striking the
semicolon.
(5) Section 196(d) is amended by striking ``,,'' and inserting
``,''.
(6) Section 231a(e)(2) is amended by striking ``include the
following,'' and inserting ``include''.
(7) Section 240b(b)(1)(B)(xiii) is amended by striking ``An''
and inserting ``A''.
(8) Section 240g(a)(3) is amended by striking ``; and'' and
inserting ``;''.
(9) Section 393(b)(2)(D) is amended by inserting a period at
the end.
(10) Section 483(f)(3) is amended by inserting ``this'' before
``title''.
(11) Section 651(a) is amended by inserting a comma after
``3806(d)(1))''.
(12) The table of sections at the beginning of chapter 39 is
amended by adding a period at the end of the item relating to
section 691.
(13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of
Military Justice) is amended by inserting a comma after ``Army''.
(14) Section 856(b) (article 56(b) of the Uniform Code of
Military Justice) is amended by striking ``subsection (d) of
section 853a'' and inserting ``subsection (c) of section 853a''.
(15) Section 1044e(g) is amended by striking ``number of
Special Victims' Counsel'' and inserting ``number of Special
Victims' Counsels''.
(16) The table of sections at the beginning of chapter 54 is
amended by striking the item relating to section 1065 and inserting
the following new item:
``1065. Use of commissary stores and MWR facilities: certain veterans,
caregivers for veterans, and Foreign Service officers.''.
(17) Section 1463(a)(4) is amended by striking ``that that''
and inserting ``that''.
(18) Section 1465(b)(2) is amended by striking ``the the'' and
inserting ``the''.
(19) Section 1466(a) is amended, in the matter preceding
paragraph (1), by striking ``Coast guard'' and inserting ``Coast
Guard''.
(20) Section 1554a(g)(2) is amended by striking ``..'' and
inserting ``.''.
(21) Section 1599h is amended--
(A) in subsection (a), by redesignating the second
paragraph (7) and paragraph (8) as paragraphs (8) and (9),
respectively; and
(B) in subsection (b)(1), by redesignating the second
subparagraph (G) and subparagraph (H) as subparagraphs (H) and
(I), respectively.
(22) Section 1705(a) is amended by striking ``a fund'' and
inserting ``an account''.
(23) Section 1722a(a) is amended by striking ``,,'' and
inserting ``,''.
(24) Section 1788a(e) is amended--
(A) in paragraph (3), by striking ``section 167(i)'' and
inserting ``section 167(j)'';
(B) in paragraph (4), by striking ``covered personnel'' and
inserting ``covered individuals''; and
(C) in paragraph (5), in the matter preceding subparagraph
(A), by striking ```covered personnel''' and inserting
```covered individuals'''.
(25) The table of chapters at the beginning of part III of
subtitle A is amended, in the item relating to chapter 113, by
striking the period after ``2200g''.
(26) Section 2107(a) is amended by striking ``or Space Force''.
(27) Section 2279b(b) is amended by redesignating the second
paragraph (11) as paragraph (12).
(28) Section 2321(f) is amended by striking ``the item'' both
places it appears and inserting ``the commercial product''.
(29) The second section 2350m (relating to execution of
projects under the North Atlantic Treaty Organization Security
Investment Program), as added by section 2503 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is redesignated as section 2350q and the
table of sections at the beginning of subchapter II of chapter 138
is conformed accordingly.
(30) Section 2534(a) is amended--
(A) in paragraph (3), by striking ``subsection (j)'' and
inserting ``subsection (k)''; and
(B) in paragraph (5), by striking ``principle'' and
inserting ``principal''.
(31) Section 2891a(e)(1) is amended by striking ``the any'' and
inserting ``the''.
(32) The table of sections at the beginning of chapter 871 is
amended--
(A) by striking the item relating to section 8749 and
inserting the following new item:
``8749. Civil service mariners of Military Sealift Command: release of
drug and alcohol test results to Coast Guard.''; and
(B) by striking the item relating to section 8749a and
inserting the following new item:
``8749a. Civil service mariners of Military Sealift Command: alcohol
testing.''.
(33) The second section 9084, as added by section 1601 of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is transferred to appear
after section 9085 and redesignated as section 9086, and the table
of sections at the beginning of chapter 908 of such title is
conformed accordingly.
(34) The second section 9132 (relating to Regular Air Force and
Regular Space Force: reenlistment after service as an officer) is
redesignated as section 9138 (and the table of sections at the
beginning of chapter 913 is conformed accordingly).
(35) The section heading for section 9401 is amended to read as
follows (and the table of sections at the beginning of chapter 951
is conformed accordingly):
``Sec. 9401. Members of Air Force and Space Force: detail as students,
observers, and investigators at educational institutions,
industrial plants, and hospitals''.
(36) The section heading for section 9402 is amended to read as
follows (and the table of sections at the beginning of chapter 951
is conformed accordingly):
``Sec. 9402. Enlisted members of Air Force or Space Force: schools''.
(37) Section 9840 is amended in the second sentence by striking
``He'' and inserting ``The officer''.
(b) NDAA for Fiscal Year 2021.--Effective as of January 1, 2021,
and as if included therein as enacted, section 1 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended--
(1) by inserting ``(a) In General.--'' before ``This Act''; and
(2) by adding at the end the following:
``(b) References.--Any reference in this or any other Act to the
`National Defense Authorization Act for Fiscal Year 2021' shall be
deemed to be a reference to the `William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021'.''.
(c) NDAA for Fiscal Year 2020.--Effective as of December 20, 2019,
and as if included therein as enacted, section 1739(a) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by striking ``VI'' and inserting ``VII''.
(d) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1082. MODIFICATION TO REGIONAL CENTERS FOR SECURITY STUDIES.
(a) In General.--Section 342(b)(2) of title 10, United States Code,
is amended by adding at the end the following new subparagraph:
``(F) The Ted Stevens Center for Arctic Security Studies,
established in 2021 and located in Anchorage, Alaska.''.
(b) Acceptance of Gifts and Donations.--Section 2611(a)(2) of title
10, United States Code, is amended by adding at the end the following
new subparagraph:
``(F) The Ted Stevens Center for Arctic Security Studies.''.
SEC. 1083. IMPROVEMENT OF TRANSPARENCY AND CONGRESSIONAL OVERSIGHT OF
CIVIL RESERVE AIR FLEET.
(a) Definitions.--
(1) Secretary.--Paragraph (10) of section 9511 of title 10,
United States Code, is amended to read as follows:
``(10) The term `Secretary' means the Secretary of Defense.''.
(2) Conforming amendments.--Chapter 961 of title 10, United
States Code, as amended by paragraph (1), is further amended--
(A) in section 9511a by striking ``Secretary of Defense''
each place it appears and inserting ``Secretary'';
(B) in section 9512(e), by striking ``Secretary of
Defense'' and inserting ``Secretary''; and
(C) in section 9515, by striking ``Secretary of Defense''
each place it appears and inserting ``Secretary''.
(b) Annual Report on Civil Reserve Air Fleet.--Section 9516 of
title 10, United States Code, is amended--
(1) in subsection (d), by striking ``When the Secretary'' and
inserting ``Subject to subsection (e), when the Secretary'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Annual Report.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report that--
``(1) identifies each contract for airlift services awarded in
the preceding fiscal year to a provider that does not meet the
requirements set forth in subparagraphs (A) and (B) of subsection
(a)(1); and
``(2) for each such contract--
``(A) specifies the dollar value of the award; and
``(B) provides a detailed explanation of the reasons for
the award.''.
(c) Technical Amendments.--
(1) In general.--Chapter 961 of title 10, United States Code,
as amended by subsections (a) and (b), is further amended--
(A) by redesignating sections 9511a and 9512 as sections
9512 and 9513, respectively;
(B) in section 9511, by striking ``section 9512'' each
place it appears and inserting ``section 9513''; and
(C) in section 9514, by redesignating subsection (g) as
subsection (f).
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by striking the items relating to
sections 9511a and 9512 and inserting the following new items:
``9512. Civil Reserve Air Fleet contracts: payment rate.
``9513. Contracts for the inclusion or incorporation of defense
features.''.
(d) Charter Air Transportation of Members of the Armed Forces or
Cargo.--
(1) In general.--Section 2640 of title 10, United States Code,
is amended--
(A) in the section heading, by inserting ``or cargo'' after
``armed forces'';
(B) in subsection (a)(1), by inserting ``or cargo'' after
``members of the armed forces'';
(C) in subsection (b), by inserting ``or cargo'' after
``members of the armed forces'';
(D) in subsection (d)(1), by inserting ``or cargo'' after
``members of the armed forces'';
(E) in subsection (e)--
(i) by inserting ``or cargo'' after ``members of the
armed forces''; and
(ii) by inserting ``or cargo'' before the period at the
end;
(F) in subsection (f), by inserting ``or cargo'' after
``members of the armed forces''; and
(G) in subsection (j)(1), by inserting ```cargo','' after
```air transportation',''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 157 of title 10, United States Code, is amended by
striking the item relating to section 2640 and inserting the
following new item:
``2640. Charter air transportation of members of the armed forces or
cargo.''.
SEC. 1084. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY.
(a) In General.--Chapter 1 of title 36, United States Code, is
amended by adding at the end the following new section:
``Sec. 146. National Atomic Veterans Day
``The President shall issue each year a proclamation calling on the
people of the United States to--
``(1) observe Atomic Veterans Day with appropriate ceremonies
and activities; and
``(2) remember and honor the atomic veterans of the United
States whose brave service and sacrifice played an important role
in the defense of the Nation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``146. National Atomic Veterans Day.''.
SEC. 1085. UPDATE OF JOINT PUBLICATION 3-68: NONCOMBATANT EVACUATION
OPERATIONS.
Not later than July 1, 2022, the Chairman of the Joint Chiefs of
Staff shall update Joint Publication 3-68: Noncombatant Evacuation
Operations.
SEC. 1086. NATIONAL MUSEUM OF THE SURFACE NAVY.
(a) Designation.--The Battleship IOWA Museum, located in Los
Angeles, California, and managed by the Pacific Battleship Center,
shall be designated as the ``National Museum of the Surface Navy''.
(b) Purposes.--The purposes of the National Museum of the Surface
Navy shall be to--
(1) provide and support--
(A) a museum dedicated to the United States Surface Navy
community; and
(B) a platform for education, community, and veterans
programs;
(2) preserve, maintain, and interpret artifacts, documents,
images, stories, and history collected by the museum; and
(3) ensure that the people of the United States understand the
importance of the Surface Navy in the continued freedom, safety,
and security of the United States.
SEC. 1087. AUTHORIZATION FOR MEMORIAL FOR MEMBERS OF THE ARMED FORCES
KILLED IN ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT.
The Secretary of Defense may establish a commemorative work on
Federal land owned by the Department of Defense in the District of
Columbia and its environs to commemorate the 13 members of the Armed
Forces who died in the bombing attack on Hamid Karzai International
Airport, Kabul, Afghanistan, on August 26, 2021.
SEC. 1088. TREATMENT OF OPERATIONAL DATA FROM AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) an immense amount of operational data and intelligence has
been developed over the past two decades of war in Afghanistan; and
(2) this information is valuable and must be appropriately
retained.
(b) Operational Data.--The Secretary of Defense shall--
(1) archive and standardize operational data from Afghanistan
across the myriad of defense information systems; and
(2) ensure the Afghanistan operational data is structured,
searchable, and usable across the joint force.
(c) Briefing.--Not later than March 4, 2022, the Under Secretary of
Defense for Intelligence and Security shall provide to the Committee on
Armed Services of the House of Representatives a briefing on how the
Department of Defense has removed, retained, and assured long-term
access to operational data from Afghanistan across each military
department and command. Such briefing shall address the manner in which
the Department of Defense--
(1) is standardizing and archiving intelligence and operational
data from Afghanistan across the myriad of defense information
systems; and
(2) ensuring access to such data across the joint force.
SEC. 1089. RESPONSIBILITIES FOR NATIONAL MOBILIZATION; PERSONNEL
REQUIREMENTS.
(a) Executive Agent for National Mobilization.--The Secretary of
Defense shall designate a senior civilian official within the Office of
the Secretary of Defense as the Executive Agent for National
Mobilization. The Executive Agent for National Mobilization shall be
responsible for--
(1) developing, managing, and coordinating policy and plans
that address the full spectrum of military mobilization readiness,
including full mobilization of personnel from volunteers to other
persons inducted into the Armed Forces under the Military Selective
Service Act (50 U.S.C. 3801 et seq.);
(2) providing Congress and the Selective Service System with
updated requirements and timelines for obtaining inductees in the
event of a national emergency requiring mass mobilization and
induction of personnel under the Military Selective Service Act for
training and service in the Armed Forces; and
(3) providing Congress with a plan, developed in coordination
with the Selective Service System, to induct large numbers of
volunteers who may respond to a national call for volunteers during
an emergency.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a plan for obtaining inductees as part of a mobilization
timeline for the Selective Service System. The plan shall include a
description of resources, locations, and capabilities of the Armed
Forces required to train, equip, and integrate personnel inducted into
the Armed Forces under the Military Selective Service Act into the
total force, addressing scenarios that would include 300,000, 600,000,
and 1,000,000 new volunteer and other personnel inducted into the Armed
Forces under the Military Selective Service Act. The plan may be
provided in classified form.
SEC. 1090. INDEPENDENT ASSESSMENT WITH RESPECT TO ARCTIC REGION.
(a) Independent Assessment.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Commander of the United States Northern
Command, in consultation and coordination with the Commander of the
United States Indo-Pacific Command, the Commander of the United
States European Command, the military services, and the defense
agencies, shall complete an independent assessment with respect to
the activities and resources required, for fiscal years 2023
through 2027, to achieve the following objectives:
(A) The implementation of the National Defense Strategy and
military service-specific strategies with respect to the Arctic
region.
(B) The maintenance or restoration of the comparative
military advantage of the United States in response to great
power competitors in the Arctic region.
(C) The reduction of the risk of executing operation and
contingency plans of the Department of Defense.
(D) To maximize execution of Department operation and
contingency plans, in the event deterrence fails.
(2) Elements.--The assessment required by paragraph (1) shall
include the following:
(A) An analysis of, and recommended changes to achieve, the
required force structure and posture of assigned and allocated
forces within the Arctic region for fiscal year 2027 necessary
to achieve the objectives described in paragraph (1), which
shall be informed by--
(i) a review of United States military requirements
based on operation and contingency plans, capabilities of
potential adversaries, assessed gaps or shortfalls of the
Armed Forces within the Arctic region, and scenarios that
consider--
(I) potential contingencies that commence in the
Arctic region and contingencies that commence in other
regions but affect the Arctic region;
(II) use of near-, mid-, and far-time horizons to
encompass the range of circumstances required to test
new concepts and doctrine;
(III) supporting analyses that focus on the number
of regionally postured military units and the quality
of capability of such units;
(ii) a review of current United States military force
posture and deployment plans within the Arctic region,
especially of Arctic-based forces that provide support to,
or receive support from, the United States Northern
Command, the United States Indo-Pacific Command, or the
United States European Command;
(iii) an analysis of potential future realignments of
United States forces in the region, including options for
strengthening United States presence, access, readiness,
training, exercises, logistics, and pre-positioning; and
(iv) any other matter the Commander of the United
States Northern Command considers appropriate.
(B) A discussion of any factor that may influence the
United States posture, supported by annual wargames and other
forms of research and analysis.
(C) An assessment of capabilities requirements to achieve
such objectives.
(D) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance needs
to achieve such objectives.
(E) An assessment and identification of required
infrastructure and military construction investments to achieve
such objectives.
(3) Report.--
(A) In general.--Upon completion of the assessment required
by paragraph (1), the Commander of the United States Northern
Command shall submit to the Secretary of Defense a report on
the assessment.
(B) Submittal to congress.--Not later than 30 days after
the date on which the Secretary receives the report under
subparagraph (A), the Secretary shall provide to the
congressional defense committees--
(i) a copy of the report, in its entirety; and
(ii) any additional analysis or information, as the
Secretary considers appropriate.
(C) Form.--The report required by subparagraph (A), and any
additional analysis or information provided under subparagraph
(B)(i)(II), may be submitted in classified form, but shall
include an unclassified summary.
(b) Arctic Security Initiative.--
(1) Plan.--
(A) In general.--Not later than 30 days after the date on
which the Secretary receives the report under subsection
(a)(3)(A), the Secretary shall provide to the congressional
defense committees a briefing on the plan to carry out a
program of activities to enhance security in the Arctic region.
(B) Objectives.--The plan required by subparagraph (A)
shall be--
(i) consistent with the objectives described in
paragraph (1) of subsection (a); and
(ii) informed by the assessment required by that
paragraph.
(C) Activities.--The plan shall include, as necessary, the
following prioritized activities to improve the design and
posture of the joint force in the Arctic region:
(i) Modernize and strengthen the presence of the Armed
Forces, including those with advanced capabilities.
(ii) Improve logistics and maintenance capabilities and
the pre-positioning of equipment, munitions, fuel, and
materiel.
(iii) Conduct exercises, wargames, education, training,
experimentation, and innovation for the joint force.
(iv) Improve infrastructure to enhance the
responsiveness and resiliency of the Armed Forces.
(2) Establishment.--
(A) In general.--Not earlier than 30 days after the
submittal of the plan required by paragraph (1), the Secretary
may establish a program of activities to enhance security in
the Arctic region, to be known as the ``Arctic Security
Initiative'' (in this paragraph referred to as the
``Initiative'').
(B) Five-year plan for the initiative.--
(i) In general.--If the Initiative is established, the
Secretary, in consultation with the Commander of the United
States Northern Command, shall submit to the congressional
defense committees a future years plan for the activities
and resources of the Initiative that includes the
following:
(I) A description of the activities and resources
for the first fiscal year beginning after the date on
which the Initiative is established, and the plan for
not fewer than the four subsequent fiscal years,
organized by the activities described in paragraph
(1)(C).
(II) A summary of progress made toward achieving
the objectives described in subsection (a)(1).
(III) A summary of the activity, resource,
capability, infrastructure, and logistics requirements
necessary to achieve progress in reducing risk to the
ability of the joint force to achieve objectives in the
Arctic region, including, as appropriate, investments
in--
(aa) active and passive defenses against--
(AA) manned aircraft, surface vessels, and
submarines;
(BB) unmanned naval systems;
(CC) unmanned aerial systems; and
(DD) theater cruise, ballistic, and
hypersonic missiles;
(bb) advanced long-range precision strike
systems;
(cc) command, control, communications,
computers, intelligence, surveillance, and
reconnaissance systems;
(dd) training and test range capacity,
capability, and coordination;
(ee) dispersed resilient and adaptive basing to
support distributed operations, including
expeditionary airfields and ports, space launch
facilities, and command posts;
(ff) advanced critical munitions;
(gg) pre-positioned forward stocks of fuel,
munitions, equipment, and materiel;
(hh) distributed logistics and maintenance
capabilities;
(ii) strategic mobility assets, including
icebreakers;
(jj) improved interoperability, logistics,
transnational supply lines and infrastructure, and
information sharing with allies and partners,
including scientific missions; and
(kk) information operations capabilities.
(IV) A detailed timeline for achieving the
requirements identified under subclause (III).
(V) A detailed explanation of any significant
modification to such requirements, as compared to--
(aa) the assessment required by subsection
(a)(1) for the first fiscal year; and
(bb) the plans previously submitted for each
subsequent fiscal year.
(VI) Any other matter the Secretary considers
necessary.
(ii) Form.--A plan under clause (i) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1091. NATIONAL SECURITY COMMISSION ON EMERGING BIOTECHNOLOGY.
(a) Establishment.--
(1) In general.--There is hereby established, as of the date
specified in paragraph (2), an independent commission in the
legislative branch to be known as the ``National Security
Commission on Emerging Biotechnology'' (in this section referred to
as the ``Commission'').
(2) Date of establishment.--The date of establishment referred
to in paragraph (1) is 30 days after the date of the enactment of
this Act.
(b) Membership.--
(1) Number and appointment.--The Commission shall be composed
of 12 members appointed as follows:
(A) Two members appointed by the Chair of the Committee on
Armed Services of the Senate, one of whom is a Member of the
Senate and one of whom is not.
(B) Two members appointed by the ranking minority member of
the Committee on Armed Services of the Senate, one of whom is a
Member of the Senate and one of whom is not.
(C) Two members appointed by the Chair of the Committee on
Armed Services of the House of Representatives, one of whom is
a Member of the House of Representatives and one of whom is
not.
(D) Two members appointed by the ranking minority member of
the Committee on Armed Services of the House of
Representatives, one of whom is a Member of the House of
Representatives and one of whom is not.
(E) One member appointed by the Speaker of the House of
Representatives.
(F) One member appointed by the Minority Leader of the
House of Representatives.
(G) One member appointed by the Majority Leader of the
Senate.
(H) One member appointed by the Minority Leader of the
Senate.
(2) Deadline for appointment.--Members shall be appointed to
the Commission under paragraph (1) not later than 45 days after the
Commission establishment date specified under subsection (a)(2).
(3) Effect of lack of appointment by appointment date.--If one
or more appointments under paragraph (1) is not made by the
appointment date specified in paragraph (2), the authority to make
such appointment or appointments shall expire, and the number of
members of the Commission shall be reduced by the number equal to
the number of appointments so not made.
(4) Qualifications.--The members of the Commission who are not
members of Congress and who are appointed under subsection (b)(1)
shall be individuals from private civilian life who are recognized
experts and have relevant professional experience in matters
relating to--
(A) emerging biotechnology and associated technologies;
(B) use of emerging biotechnology and associated
technologies by national policy makers and military leaders; or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(c) Chair and Vice Chair.--
(1) Chair.--The Chair of the Committee on Armed Services of the
Senate and the Chair of the Committee on Armed Services of the
House of Representatives shall jointly designate one member of the
Commission to serve as Chair of the Commission.
(2) Vice chair.--The ranking minority member of the Committee
on Armed Services of the Senate and the ranking minority member of
the Committee on Armed Services of the House of Representatives
shall jointly designate one member of the Commission to serve as
Vice Chair of the Commission.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the Commission
shall not affect its powers and shall be filled in the same manner as
the original appointment was made.
(e) Purpose.--The purpose of the Commission is to examine and make
recommendations with respect to emerging biotechnology as it pertains
to current and future missions and activities of the Department of
Defense.
(f) Scope and Duties.--
(1) In general.--The Commission shall carry out a review of
advances in emerging biotechnology and associated technologies. In
carrying out such review, the Commission shall consider the
methods, means, and investments necessary to advance and secure the
development of biotechnology, biomanufacturing, and associated
technologies by the United States to comprehensively address the
national security and defense needs of the United States.
(2) Scope of the review.--In conducting the review described in
this subsection, the Commission shall consider the following:
(A) The global competitiveness of the United States in
biotechnology, biomanufacturing, and associated technologies,
including matters related to national security, defense,
public-private partnerships, and investments.
(B) Means, methods, and investments for the United States
to maintain and protect a technological advantage in
biotechnology, biomanufacturing, and associated technologies
related to national security and defense.
(C) Developments and trends in international cooperation
and competitiveness, including foreign investments in
biotechnology, biomanufacturing, and associated technologies
that are scientifically and materially related to national
security and defense.
(D) Means by which to foster greater emphasis and
investments in basic and advanced research to stimulate
government, industry, academic and combined initiatives in
biotechnology, biomanufacturing, and associated technologies,
to the extent that such efforts have application scientifically
and materially related to national security and defense.
(E) Means by which to foster greater emphasis and
investments in advanced development and test and evaluation of
biotechnology-enabled capabilities to stimulate the growth of
the United States bioeconomy and commercial industry, while
also supporting and improving acquisition and adoption of
biotechnologies for national security purposes.
(F) Workforce and education incentives and programs to
attract, recruit, and retain leading talent in fields relevant
to the development and sustainment of biotechnology and
biomanufacturing, including science, technology, engineering,
data science and bioinformatics, and biology and related
disciplines.
(G) Risks and threats associated with advances in military
employment of biotechnology and biomanufacturing.
(H) Associated ethical, legal, social, and environmental
considerations related to biotechnology, biomanufacturing, and
associated technologies as it will be used for future
applications related to national security and defense.
(I) Means to establish international standards for the
tools of biotechnology, biomanufacturing, related
cybersecurity, and digital biosecurity.
(J) Means to establish data sharing capabilities within and
amongst government, industry, and academia to foster
collaboration and accelerate innovation, while maintaining
privacy and security for data as required for national security
and personal protection purposes.
(K) Consideration of the transformative potential and
rapidly-changing developments of biotechnology and
biomanufacturing innovation and appropriate mechanisms for
managing such technology related to national security and
defense.
(L) Any other matters the Commission deems relevant to
national security.
(g) Commission Report and Recommendations.--
(1) Final report.--Not later than 2 years after the Commission
establishment date specified in subsection (a)(2), the Commission
shall submit to the congressional defense committees and the
President a final report on the findings of the Commission and such
recommendations that the Commission may have for action by Congress
and the Federal Government.
(2) Interim report.--Not later than 1 year after the Commission
establishment date specified in subsection (a)(2), the Commission
shall submit to the congressional defense committees and the
President an interim report on the status of the Commission's
review and assessment, including a discussion of any interim
recommendations.
(3) Form.--The report submitted to Congress under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the Commission
shall receive the full and timely cooperation of the Secretary of
Defense and other Federal departments and agencies in providing the
Commission with analysis, briefings, and other information
necessary for the fulfillment of its responsibilities.
(2) Liaison.--The Secretary of Defense shall designate at least
one officer or employee of the Department of Defense to serve as a
liaison officer between the Department and the Commission.
(3) Detailees authorized.--The Secretary of Defense and the
heads of other departments and agencies of the Federal Government
may provide, and the Commission may accept and employ, personnel
detailed from the Department of Defense and such other departments
and agencies, without reimbursement.
(4) Facilitation.--
(A) Independent, nongovernment institute.--Not later than
45 days after the Commission establishment date specified in
subsection (a)(2), the Secretary of Defense may make available
to the Commission the services of an independent,
nongovernmental institute described in section 501(c)(3) of the
Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of such Code, that has recognized credentials
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall make
available the services of a federally funded research and
development center that is covered by a sponsoring agreement of
the Department of Defense in order to enhance the Commission's
efforts to discharge its duties under this section.
(5) Expedition of security clearances.--The Office of Senate
Security and the Office of House Security shall ensure the
expedited processing of appropriate security clearances under
processes developed for the clearance of legislative branch
employees for any personnel appointed to the Commission by their
respective offices of the Senate and House of Representatives and
any personnel appointed by the Executive Director appointed under
subsection (i).
(6) Services.--
(A) DOD services.--The Secretary of Defense may provide to
the Commission, on a nonreimbursable basis, such administrative
services, funds, staff, facilities, and other support services
as are necessary for the performance of the Commission's duties
under this section.
(B) Other agencies.--In addition to any support provided
under paragraph (1), the heads of other Federal departments and
agencies may provide to the Commission such services, funds,
facilities, staff, and other support as the heads of such
departments and agencies determine advisable and as may be
authorized by law.
(i) Staff.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of such
section, any member of the Commission who is not a Member of
Congress shall be considered to be a Federal employee.
(2) Executive director.--The Commission shall appoint and fix
the rate of basic pay for an Executive Director in accordance with
section 3161(d) of title 5, United States Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance with
section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with the
provisions of section 3109 of title 5, United States Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert or
consultant procured pursuant to paragraph (1) may not exceed the
daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(k) Authority to Accept Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and property from
nonfederal entities for the purposes of aiding and facilitating the
work of the Commission. The authority in this subsection does not
extend to gifts of money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of conflicts of
interest shall be avoided. Subject to the authority in this section,
members of the Commission shall otherwise comply with rules set forth
by the Select Committee on Ethics of the Senate and the Committee on
Ethics of the House of Representatives governing employees of the
Senate and House of Representatives.
(l) Legislative Advisory Committee.--The Commission shall operate
as a legislative advisory committee.
(m) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
(n) Use of Government Information.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out its
duties. Upon such request of the chair of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(o) Postal Services.--The Commission may use the United States mail
in the same manner and under the same conditions as Federal departments
and agencies.
(p) Space for Use of Commission.--Not later than 30 days after the
establishment date of the Commission, the Administrator of General
Services, in consultation with the Commission, shall identify and make
available suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such 30-day
period, the Commission may lease space to the extent the funds are
available.
(q) Removal of Members.--A member may be removed from the
Commission for cause by the individual serving in the position
responsible for the original appointment of such member under
subsection (b)(1), provided that notice has first been provided to such
member of the cause for removal and voted and agreed upon by three
quarters of the members serving. A vacancy created by the removal of a
member under this subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as the original
appointment was made.
(r) Termination.--The Commission shall terminate 18 months after
the date on which it submits the final report required by subsection
(g).
SEC. 1092. QUARTERLY SECURITY BRIEFINGS ON AFGHANISTAN.
(a) In General.--Not later than January 15, 2022, and every 90 days
thereafter through December 31, 2025, the Under Secretary of Defense
for Policy, in consultation with the Chairman of the Joint Chiefs of
Staff and the Under Secretary of Defense for Intelligence and Security,
shall provide to the congressional defense committees an unclassified
and classified briefing on the security situation in Afghanistan and
ongoing Department of Defense efforts to counter terrorist groups in
Afghanistan.
(b) Elements.--Each briefing required by subsection (a) shall
include an assessment of each of the following:
(1) The security situation in Afghanistan.
(2) The disposition of the Taliban, al-Qaeda, the Islamic State
of Khorasan, and associated forces, including the respective sizes
and geographic areas of control of each such group.
(3) The international terrorism ambitions and capabilities of
the Taliban, al-Qaeda, the Islamic State of Khorasan, and
associated forces, and the extent to which each such group poses a
threat to the United States and its allies.
(4) The capability and willingness of the Taliban to counter
the Islamic State of Khorasan.
(5) The capability and willingness of the Taliban to counter
al-Qaeda.
(6) The extent to which the Taliban have targeted, and continue
to target, Afghan nationals who assisted the United States and
coalition forces during the United States military operations in
Afghanistan between 2001 and 2021.
(7) Basing, overflight, or other cooperative arrangements
between the United States and regional partners as part of the
over-the-horizon counterterrorism posture for Afghanistan.
(8) The capability and effectiveness of the over-the-horizon
counterterrorism posture of the United States for Afghanistan.
(9) The disposition of United States forces in the area of
operations of United States Central Command, including the force
posture and associated capabilities to conduct operations in
Afghanistan.
(10) The activities of regional actors as they relate to
promoting stability and countering threats from terrorist groups in
Afghanistan, including--
(A) military operations conducted by foreign countries in
the region as such operations relate to Afghanistan;
(B) the capabilities of the militaries of foreign countries
to execute operations in Afghanistan; and
(C) the relationships between the militaries of foreign
countries and the Taliban or foreign terrorist organizations
inside Afghanistan.
(11) Any other matter the Under Secretary considers
appropriate.
SEC. 1093. TRANSITION OF FUNDING FOR NON-CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.
(a) Plan Required.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan to transition the funding
of non-conventional assisted recovery capabilities from the
authority provided under section 943 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4578) to the authority provided under section 127f of
title 10, United States Code.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) An identification of the non-conventional assisted
recovery capabilities to be transitioned to the authority
provided by such section 127f.
(B) An identification of any legislative changes to such
section 127f necessary to accommodate the transition of
capabilities currently funded under such section 943.
(C) A description of the manner in which the Secretary
plans to ensure appropriate transparency of activities for non-
conventional assisted recovery capabilities, and related
funding, in the annual report required under subsection (e) of
such section 127f.
(D) Any other matter the Secretary considers relevant.
(b) Modification of Authority for Expenditure of Funds for
Clandestine Activities That Support Operational Preparation of the
Environment.--Section 127f of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Non-Conventional Assisted Recovery Capabilities.--Funding
used to establish, develop, and maintain non-conventional assisted
recovery capabilities under this section may only be obligated and
expended with the concurrence of the relevant Chief of Mission or
Chiefs of Mission.''.
SEC. 1094. AFGHANISTAN WAR COMMISSION ACT OF 2021.
(a) Short Title.--This section may be cited as the ``Afghanistan
War Commission Act of 2021''.
(b) Definitions.--In this section:
(1) The term ``applicable period'' means the period beginning
June 1, 2001, and ending August 30, 2021.
(2) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(3) The term ``intelligence community'' has the meaning given
that term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)).
(c) Establishment of Commission.--
(1) Establishment.--There is established in the legislative
branch an independent commission to be known as the Afghanistan War
Commission (in this section referred to as the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 16
members of whom--
(i) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(ii) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the Senate;
(iii) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives;
(iv) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the House of
Representatives;
(v) 1 shall be appointed by the Chairman of the
Committee on Foreign Relations of the Senate;
(vi) 1 shall be appointed by the ranking member of the
Committee on Foreign Relations of the Senate;
(vii) 1 shall be appointed by the Chairman of the
Committee on Foreign Affairs of the House of
Representatives;
(viii) 1 shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives;
(ix) 1 shall be appointed by the Chairman of the Select
Committee on Intelligence of the Senate;
(x) 1 shall be appointed by the Vice Chairman of the
Select Committee on Intelligence of the Senate.
(xi) 1 shall be appointed by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives;
(xii) 1 shall be appointed by the ranking member of the
Permanent Select Committee on Intelligence of the House of
Representatives;
(xiii) 1 shall be appointed by the Majority leader of
the Senate;
(xiv) 1 shall be appointed by the Minority leader of
the Senate;
(xv) 1 shall be appointed by the Speaker of the House
of Representatives; and
(xvi) 1 shall be appointed by the Minority Leader of
the House of Representatives.
(B) Qualifications.--It is the sense of Congress that each
member of the Commission appointed under subparagraph (A)
should--
(i) have significant professional experience in
national security, such as a position in--
(I) the Department of Defense;
(II) the Department of State;
(III) the intelligence community;
(IV) the United States Agency for International
Development; or
(V) an academic or scholarly institution; and
(ii) be eligible to receive the appropriate security
clearance to effectively execute their duties.
(C) Prohibitions.--A member of the Commission appointed
under subparagraph (A) may not--
(i) be a current member of Congress;
(ii) be a former member of Congress who served in
Congress after January 3, 2001;
(iii) be a current or former registrant under the
Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et
seq.);
(iv) have previously investigated Afghanistan policy or
the war in Afghanistan through employment in the office of
a relevant inspector general;
(v) have been the sole owner or had a majority stake in
a company that held any United States or coalition defense
contract providing goods or services to activities by the
United States Government or coalition in Afghanistan during
the applicable period; or
(vi) have served, with direct involvement in actions by
the United States Government in Afghanistan during the time
the relevant official served, as--
(I) a cabinet secretary or national security
adviser to the President; or
(II) a four-star flag officer, Under Secretary, or
more senior official in the Department of Defense or
the Department of State.
(D) Date.--
(i) In general.--The appointments of the members of the
Commission shall be made not later than 60 days after the
date of enactment of this Act.
(ii) Failure to make appointment.--If an appointment
under subparagraph (A) is not made by the appointment date
specified in clause (i)--
(I) the authority to make such appointment shall
expire; and
(II) the number of members of the Commission shall
be reduced by the number equal to the number of
appointments not made.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the first meeting of the Commission.
(B) Frequency.--The Commission shall meet at the call of
the Co-Chairpersons.
(C) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(5) Co-chairpersons.--Co-Chairpersons of the Commission shall
be selected by the Leadership of the Senate and the House of
Representatives as follows:
(A) 1 Co-Chairperson selected by the Majority Leader of the
Senate and the Speaker of the House of Representatives from the
members of the Commission appointed by chairpersons of the
appropriate congressional committees, the Majority Leader of
the Senate, and the Speaker of the House of Representatives;
and
(B) 1 Co-Chairperson selected by the Minority Leader of the
Senate and the Minority Leader of the House of Representatives
from the members of the Commission appointed by the ranking
members of the appropriate congressional committees, the
Minority Leader of the Senate, and the Minority Leader of the
House of Representatives.
(d) Purpose of Commission.-- The purpose of the Commission is--
(1) to examine the key strategic, diplomatic, and operational
decisions that pertain to the war in Afghanistan during the
relevant period, including decisions, assessments, and events that
preceded the war in Afghanistan; and
(2) to develop a series of lessons learned and recommendations
for the way forward that will inform future decisions by Congress
and policymakers throughout the United States Government.
(e) Duties of Commission.--
(1) Study.--
(A) In general.--The Commission shall conduct a thorough
study of all matters relating to combat operations,
reconstruction and security force assistance activities,
intelligence activities, and diplomatic activities of the
United States pertaining to the Afghanistan during the period
beginning June 1, 2001, and ending August 30, 2021.
(B) Matters studied.--The matters studied by the Commission
shall include--
(i) for the time period specified under subparagraph
(A)--
(I) the policy objectives of the United States
Government, including--
(aa) military objectives;
(bb) diplomatic objectives; and
(cc) development objectives;
(II) significant decisions made by the United
States, including the development of options presented
to policymakers;
(III) the efficacy of efforts by the United States
Government in meeting the objectives described in
clause (i), including an analysis of--
(aa) military efforts;
(bb) diplomatic efforts;
(cc) development efforts; and
(dd) intelligence efforts; and
(IV) the efficacy of counterterrorism efforts
against al Qaeda, the Islamic State Khorasan Province,
and other foreign terrorist organizations in degrading
the will and capabilities of such organizations--
(aa) to mount external attacks against the
United States or its allies and partners; or
(bb) to threaten stability in Afghanistan,
neighboring countries, and the region;
(ii) the efficacy of metrics, measures of
effectiveness, and milestones used to assess progress of
diplomatic, military, and intelligence efforts;
(iii) the efficacy of interagency planning and
execution process by the United States Government;
(iv) factors that led to the collapse of the Afghan
National Defense Security Forces in 2021, including--
(I) training and mentoring from the institutional
to the tactical levels within the Afghan National
Defense Security Forces;
(II) assessment methodologies, including any
transition from different methodologies and the
consistency of implementation and reporting;
(III) the determination of how to establish and
develop the Afghan National Defense Security Forces,
including the Afghan Air Force, and what determined the
security cooperation model used to build such force;
(IV) reliance on technology and logistics support;
(V) corruption; and
(VI) reliance on warfighting enablers provided by
the United States;
(v) the challenges of corruption across the entire
spectrum of the Afghan Government and efficacy of counter-
corruption efforts to include linkages to diplomatic lines
of effort, linkages to foreign and security assistance, and
assessment methodologies;
(vi) the efficacy of counter-narcotic efforts to
include alternative livelihoods, eradication, interdiction,
and education efforts;
(vii) the role of countries neighboring Afghanistan in
contributing to the stability or instability of
Afghanistan;
(viii) varying diplomatic approaches between
Presidential administrations;
(ix) the extent to which the intelligence community did
or did not fail to provide sufficient warning about the
probable outcomes of a withdrawal of coalition military
personnel from Afghanistan, including as it relates to--
(I) the capability and sustainability of the
Afghanistan National Defense Security Forces;
(II) the sustainability of the Afghan central
government, absent coalition support;
(III) the extent of Taliban control over
Afghanistan over time with respect to geographic
territory, population centers, governance, and
influence; and
(IV) the likelihood of the Taliban regaining
control of Afghanistan at various levels of United
States and coalition support, including the withdrawal
of most or all United States or coalition support;
(x) the extent to which intelligence products related
to the state of the conflict in Afghanistan and the
effectiveness of the Afghanistan National Defense Security
Forces complied with intelligence community-wide analytic
tradecraft standards and fully reflected the divergence of
analytic views across the intelligence community;
(xi) an evaluation of whether any element of the United
States Government inappropriately restricted access to data
from elements of the intelligence community, Congress, or
the Special Inspector General for Afghanistan
Reconstruction (SIGAR) or any other oversight body such as
other inspectors general or the Government Accountability
Office, including through the use of overclassification;
and
(xii) the extent to which public representations of the
situation in Afghanistan before Congress by United States
Government officials differed from the most recent formal
assessment of the intelligence community at the time those
representations were made.
(2) Report required.--
(A) In general.--
(i) Annual report.--
(I) In general.--Not later than 1 year after the
date of the initial meeting of the Commission, and
annually thereafter, the Commission shall submit to the
appropriate congressional committees a report
describing the progress of the activities of the
Commission as of the date of such report, including any
findings, recommendations, or lessons learned endorsed
by the Commission.
(II) Addenda.--Any member of the Commission may
submit an addendum to a report required under subclause
(I) setting forth the separate views of such member
with respect to any matter considered by the
Commission.
(III) Briefing.--On the date of the submission of
each report, the Commission shall brief Congress.
(ii) Final report.--
(I) Submission.--Not later than 3 years after the
date of the initial meeting of the Commission, the
Commission shall submit to Congress a report that
contains a detailed statement of the findings,
recommendations, and lessons learned endorsed by the
Commission.
(II) Addenda.--Any member of the Commission may
submit an addendum to the report required under
subclause (I) setting forth the separate views of such
member with respect to any matter considered by the
Commission.
(III) Extension.--The Commission may submit the
report required under subclause (I) at a date that is
not more than 1 year later than the date specified in
such clause if agreed to by the chairperson and ranking
member of each of the appropriate congressional
committees.
(B) Form.--The report required by paragraph (1)(B) shall be
submitted and publicly released on a Government website in
unclassified form but may contain a classified annex.
(C) Subsequent reports on declassification.--
(i) In general.--Not later than 4 years after the date
that the report required by subparagraph (A)(ii) is
submitted, each relevant agency of jurisdiction shall
submit to the committee of jurisdiction a report on the
efforts of such agency to declassify such annex.
(ii) Contents.--Each report required by clause (i)
shall include--
(I) a list of the items in the classified annex
that the agency is working to declassify at the time of
the report and an estimate of the timeline for
declassification of such items;
(II) a broad description of items in the annex that
the agency is declining to declassify at the time of
the report; and
(III) any justification for withholding
declassification of certain items in the annex and an
estimate of the timeline for declassification of such
items.
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, take such
testimony, and receive such evidence as the Commission considers
necessary to carry out its purpose and functions under this
section.
(2) Assistance from federal agencies.--
(A) Information.--
(i) In general.--The Commission may secure directly
from a Federal department or agency such information as the
Commission considers necessary to carry out this section.
(ii) Furnishing information.--Upon receipt of a written
request by the Co-Chairpersons of the Commission, the head
of the department or agency shall expeditiously furnish the
information to the Commission.
(B) Space for commission.--
(i) In general.--Not later than 30 days after the date
of the enactment of this Act, the Architect of the Capitol,
in consultation with the Commission, shall identify
suitable space to house the operations of the Commission,
which shall include--
(I) a dedicated sensitive compartmented information
facility or access to a sensitive compartmented
information facility; and
(II) the ability to store classified documents.
(ii) Authority to lease.--If the Architect of the
Capitol is not able to identify space in accordance with
clause (i) within the 30-day period specified in clause
(i), the Commission may lease space to the extent that
funds are available for such purpose.
(C) Compliance by intelligence community.--Elements of the
intelligence community shall respond to requests submitted
pursuant to paragraph (2) in a manner consistent with the
protection of intelligence sources and methods.
(3) Postal services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services, goods, and property from non-
Federal entities for the purposes of aiding and facilitating the
work of the Commission. The authority in this subsection does not
extend to gifts of money. Gifts accepted under this authority shall
be documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided. Subject to the authority in
this section, commissioners shall otherwise comply with rules set
forth by the Select Committee on Ethics of the Senate.
(5) Ethics.--
(A) In general.--The members and employees of the
Commission shall be subject to the ethical rules and guidelines
of the Senate.
(B) Reporting.--For purposes of title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.), each member and
employee of the Commission--
(i) shall be deemed to be an officer or employee of the
Congress (as defined in section 109(13) of such title); and
(ii) shall file any report required to be filed by such
member or such employee (including by virtue of the
application of subsection (g)(1)) under title I of the
Ethics in Government Act of 1978 (5 U.S.C. App.) with the
Secretary of the Senate.
(g) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
performance of the duties of the Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Commission.
(3) Staff.--
(A) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed to
be Federal employees.
(B) Executive director.--The Co-Chairpersons of the
Commission shall appoint and fix the rate of basic pay for an
Executive Director in accordance with section 3161(d) of title
5, United States Code.
(C) Pay.--The Executive Director, with the approval of the
Co-Chairpersons of the Commission, may appoint and fix the rate
of basic pay for additional personnel as staff of the
Commission in accordance with section 3161(d) of title 5,
United States Code.
(D) Security clearances.--All staff must have or be
eligible to receive the appropriate security clearance to
conduct their duties.
(4) Detail of government employees.--A Federal Government
employee, with the appropriate security clearance to conduct their
duties, may be detailed to the Commission without reimbursement,
and such detail shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--The
Co-Chairpersons of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V
of the Executive Schedule under section 5316 of that title.
(6) Pay.--The pay of each employee of the Commission and any
member of the Commission who receives pay in accordance with
paragraph (1) shall be disbursed by the Secretary of the Senate.
(h) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report required
under subsection (e)(2)(A)(ii).
SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY.
(a) Establishment.--
(1) In general.--There is hereby established, as of the date
specified in paragraph (2), an independent commission in the
legislative branch to be known as the Commission on the National
Defense Strategy for the United States (in this subtitle referred
to as the ``Commission'').
(2) Date of establishment.--The date of establishment referred
to in paragraph (1) is the date that is not later than 30 days
after the date on which the Secretary of Defense provides a
national defense strategy as required by section 113(g) of title
10, United States Code.
(b) Membership.--
(1) Number and appointment.--The Commission shall be composed
of 8 members from private civilian life who are recognized experts
in matters relating to the national security of the United States.
The members shall be appointed as follows:
(A) The Majority Leader of the Senate shall appoint 1
member.
(B) The Minority Leader of the Senate shall appoint 1
member.
(C) The Speaker of the House of Representatives shall
appoint 1 member.
(D) The Minority Leader of the House of Representatives
shall appoint 1 member.
(E) The Chair of the Committee on Armed Services of the
Senate shall appoint 1 member.
(F) The Ranking Member of the Committee on Armed Services
of the Senate shall appoint 1 member.
(G) The Chair of the Committee on Armed Services of the
House of Representatives shall appoint 1 member.
(H) The Ranking Member of the Committee on Armed Services
of the House of Representatives shall appoint 1 member.
(2) Deadline for appointment.--Members shall be appointed to
the Commission under paragraph (1) not later than 45 days after the
Commission establishment date specified under subsection (a)(2).
(3) Effect of lack of appointment by appointment date.--If one
or more appointments under paragraph (1) is not made by the
appointment date specified in paragraph (2), the authority to make
such appointment or appointments shall expire, and the number of
members of the Commission shall be reduced by the number equal to
the number of appointments so not made.
(c) Chair and Vice Chair.--
(1) Chair.--The Chair of the Committee on Armed Services of the
Senate and the Chair of the Committee on Armed Services of the
House of Representatives, with the concurrence of the Majority
Leader of the Senate and the Speaker of the House of
Representatives, shall jointly designate 1 member of the Commission
to serve as Chair of the Commission.
(2) Vice chair.--The Ranking Member of the Committee on Armed
Services of the Senate and the Ranking Member of the Committee on
Armed Services of the House of Representatives, with the
concurrence of the Minority Leader of the Senate and the Minority
Leader of the House of Representatives, shall jointly designate 1
member of the Commission to serve as Vice Chair of the Commission.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the Commission
shall not affect its powers, and shall be filled in the same manner as
the original appointment was made.
(e) Purpose.--The purpose of the Commission is to examine and make
recommendations with respect to the national defense strategy for the
United States.
(f) Scope and Duties.--In order to provide the fullest
understanding of the matters required under subsection (e), the
Commission shall perform the following duties:
(1) National defense strategy review.--The Commission shall
review the most recent national defense strategy of the United
States including the assumptions, strategic objectives, priority
missions, major investments in defense capabilities, force posture
and structure, operational concepts, and strategic and military
risks associated with the strategy.
(2) Assessment.--The Commission shall conduct a comprehensive
assessment of the strategic environment to include the threats to
the national security of the United States, including both
traditional and non-traditional threats, the size and shape of the
force, the readiness of the force, the posture, structure, and
capabilities of the force, allocation of resources, and the
strategic and military risks in order to provide recommendations on
the national defense strategy for the United States.
(g) Commission Report and Recommendations.--
(1) Report.--Not later than one year after the Commission
establishment date specified under subsection (a)(2), the
Commission shall transmit to the President and Congress a report
containing the review and assessment conducted under subsection
(f), together with any recommendations of the Commission. The
report shall include the following elements:
(A) An appraisal of the strategic environment, including an
examination of the traditional and non-traditional threats to
the United States, and the potential for conflicts arising from
such threats and security challenges.
(B) An evaluation of the strategic objectives of the
Department of Defense for near-peer competition in support of
the national security interests of the United States.
(C) A review of the military missions for which the
Department of Defense should prepare, including missions that
support the interagency and a whole-of-government strategy.
(D) Identification of any gaps or redundancies in the roles
and missions assigned to the Armed Forces necessary to carry
out military missions identified in subparagraph (C), as well
as the roles and capabilities provided by other Federal
agencies and by allies and international partners.
(E) An assessment of how the national defense strategy
leverages other elements of national power across the
interagency to counter near-peer competitors.
(F) An evaluation of the resources necessary to support the
strategy, including budget recommendations.
(G) An examination of the Department's efforts to develop
new and innovative operational concepts to enable the United
States to more effectively counter near-peer competitors.
(H) An analysis of the force planning construct,
including--
(i) the size and shape of the force;
(ii) the posture, structure, and capabilities of the
force;
(iii) the readiness of the force;
(iv) infrastructure and organizational adjustments to
the force;
(v) modifications to personnel requirements, including
professional military education; and
(vi) other elements of the defense program necessary to
support the strategy.
(I) An assessment of the risks associated with the
strategy, including the relationships and tradeoffs between
missions, risks, and resources.
(J) Any other elements the Commission considers
appropriate.
(2) Interim briefings.--
(A) Not later than 180 days after the Commission
establishment date specified in subsection (a)(2), the
Commission shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
status of its review and assessment to include a discussion of
any interim recommendations.
(B) At the request of the Chair and Ranking Member of the
Committee on Armed Services of the Senate, or the Chair and
Ranking Member of the Committee on Armed Services of the House
of Representatives, the Commission shall provide the requesting
Committee with interim briefings in addition to the briefing
required by subparagraph (2)(A).
(3) Form.--The report submitted to Congress under paragraph (1)
of this subsection shall be submitted in unclassified form, but may
include a classified annex.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the Commission
shall receive the full and timely cooperation of the Secretary of
Defense in providing the Commission with analysis, briefings, and
other information necessary for the fulfillment of its
responsibilities.
(2) Liaison.--The Secretary shall designate at least 1 officer
or employee of the Department of Defense to serve as a liaison
officer between the Department and the Commission.
(3) Detailees authorized.--The Secretary may provide, and the
commission may accept and employ, personnel detailed from the
Department of Defense, without reimbursement.
(4) Facilitation.--
(A) Independent, non-government institute.--Not later than
45 days after the Commission establishment date specified in
subparagraph (a)(2), the Secretary of Defense shall make
available to the Commission the services of an independent,
non-governmental institute described in section 501(c)(3) of
the Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of such Code, that has recognized credentials
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall make
available the services of a federally funded research and
development center that is covered by a sponsoring agreement of
the Department of Defense in order to enhance the Commission's
efforts to discharge its duties under this section.
(5) Expedition of security clearances.--The Office of Senate
Security and the Office of House Security shall ensure the
expedited processing of appropriate security clearances for
personnel appointed to the commission by their respective Senate
and House offices under processes developed for the clearance of
legislative branch employees.
(i) Staff.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of such
section, the members of the commission shall be deemed to be
Federal employees.
(2) Executive director.--The Commission shall appoint and fix
the rate of basic pay for an Executive Director in accordance with
section 3161(d) of title 5, United States Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance with
section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with the
provisions of section 3109 of title 5, United States Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert or
consultant procured pursuant to paragraph (1) may not exceed the
daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(k) Authority to Accept Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and property from
non-Federal entities for the purposes of aiding and facilitating the
work of the Commission. The authority in this subsection does not
extend to gifts of money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of conflicts of
interest shall be avoided. Subject to the authority in this section,
commissioners shall otherwise comply with rules set forth by the Select
Committee on Ethics of the United States Senate and the Committee on
Ethics of the House of Representatives governing Senate and House
employees.
(l) Funding.--Of the amounts authorized to be appropriated by this
Act for fiscal year 2022 for the Department of Defense, up to
$5,000,000 shall be made available to the Commission to carry out its
duties under this subtitle. Funds made available to the Commission
under the preceding sentence shall remain available until expended.
(m) Legislative Advisory Committee.--The Commission shall operate
as a legislative advisory committee and shall not be subject to the
provisions of the Federal Advisory Committee Act (Public Law 92-463; 5
U.S.C. App) or section 552b, United States Code (commonly known as the
Government in the Sunshine Act).
(n) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
(o) Use of Government Information.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out its
duties. Upon such request of the chair of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(p) Postal Services.--The Commission may use the United States mail
in the same manner and under the same conditions as departments and
agencies of the United States.
(q) Space for Use of Commission.--Not later than 30 days after the
establishment date of the Commission, the Administrator of General
Services, in consultation with the Commission, shall identify and make
available suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such 30-day
period, the Commission may lease space to the extent the funds are
available.
(r) Removal of Members.--A member may be removed from the
commission for cause by the individual serving in the position
responsible for the original appointment of such member under
subsection (b)(1), provided that notice has first been provided to such
member of the cause for removal, voted and agreed upon by three
quarters of the members serving. A vacancy created by the removal of a
member under this section shall not affect the powers of the
commission, and shall be filled in the same manner as the original
appointment was made.
(s) Termination.--The Commission shall terminate 90 days after the
date on which it submits the report required by subsection (g).
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Amendment to diversity and inclusion reporting.
Sec. 1102. Civilian personnel management.
Sec. 1103. Modification of temporary authority to appoint retired
members of the armed forces to positions in the Department of
Defense.
Sec. 1104. Authority to employ civilian faculty members at the Defense
Institute of International Legal Studies.
Sec. 1105. Consideration of employee performance in reductions in force
for civilian positions in the Department of Defense.
Sec. 1106. Repeal of 2-year probationary period.
Sec. 1107. Modification of DARPA personnel management authority to
attract science and engineering experts.
Sec. 1108. Expansion of rate of overtime pay authority for Department of
the Navy employees performing work overseas on naval vessels.
Sec. 1109. Repeal of crediting amounts received against pay of Federal
employee or DC employee serving as a member of the National
Guard of the District of Columbia.
Sec. 1110. Treatment of hours worked under a qualified trade-of-time
arrangement.
Sec. 1111. Parental bereavement leave.
Sec. 1112. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1113. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1114. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1115. Assessment of Accelerated Promotion Program suspension.
Sec. 1116. Increase in allowance based on duty at remote worksites.
Sec. 1117. Enhancement of recusal for conflicts of personal interest
requirements for Department of Defense officers and employees.
Sec. 1118. Occupational series for digital career fields.
SEC. 1101. AMENDMENT TO DIVERSITY AND INCLUSION REPORTING.
Section 113 of title 10, United States Code, as amended by section
551 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), is amended--
(1) in subsection (c)(2), by inserting ``of members and
civilian employees'' after ``inclusion'';
(2) in subsection (l)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) by redesignating subparagraph (B) as subparagraph
(C); and
(iii) by inserting after subparagraph (A) the following
new subparagraph (B):
``(B) efforts to reflect, across the civilian workforce of the
Department and of each armed force, the diversity of the population
of the United States; and''; and
(B) in paragraph (2)(B), by inserting ``and civilian
employees of the Department'' after ``members of the armed
forces''; and
(3) in subsection (m)--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The number of civilian employees of the Department,
disaggregated by military department, gender, race, and ethnicity--
``(A) in each grade of the General Schedule;
``(B) in each grade of the Senior Executive Service;
``(C) paid at levels above grade GS-15 of the General
Schedule but who are not members of the Senior Executive
Service;
``(D) paid under the Federal Wage System, and
``(E) paid under alternative pay systems.''.
SEC. 1102. CIVILIAN PERSONNEL MANAGEMENT.
Section 129(a) of title 10, United States Code, is amended--
(1) in the first sentence, by striking ``primarily'' and
inserting ``solely''; and
(2) in the second sentence, by striking ``solely''.
SEC. 1103. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT RETIRED
MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE.
Section 1108(b)(1)(A) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended to read as follows:
``(A)(i) at any defense industrial base facility (as that
term is defined in section 2208(u)(3) of title 10, United
States Code) that is part of the core logistics capabilities
(as described in section 2464(a) of such title); or
``(ii) at any Major Range and Test Facility Base (as that
term is defined in section 196(i) of such title); and''.
SEC. 1104. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT THE DEFENSE
INSTITUTE OF INTERNATIONAL LEGAL STUDIES.
Section 1595(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) The Defense Institute of International Legal Studies.''.
SEC. 1105. CONSIDERATION OF EMPLOYEE PERFORMANCE IN REDUCTIONS IN FORCE
FOR CIVILIAN POSITIONS IN THE DEPARTMENT OF DEFENSE.
Section 1597(e) title 10, United States Code, is amended--
(1) by striking the subsection heading and inserting
``Consideration of Employee Performance in Reductions''; and
(2) by striking ``be made primarily on the basis of'' and
inserting ``, among other factors as determined by the Secretary,
account for employee''.
SEC. 1106. REPEAL OF 2-YEAR PROBATIONARY PERIOD.
(a) Repeal.--
(1) In general.--Effective December 31, 2022, section 1599e of
title 10, United States Code, is repealed.
(2) Application.--The modification of probationary periods for
covered employees (as that term is defined in such section 1599e as
in effect on the date immediately preceding the date of enactment
of this Act) by operation of the amendment made by paragraph (1)
shall only apply to an individual appointed as such an employee on
or after the effective date specified in paragraph (1).
(b) Technical and Conforming Amendments.--
(1) Title 10.--The table of sections for chapter 81 of title
10, United States Code, is amended by striking the item relating to
section 1599e.
(2) Title 5.--Title 5, United States Code, is amended--
(A) in section 3321(c), by striking ``, or any individual
covered by section 1599e of title 10'';
(B) in section 3393(d), by striking the second sentence;
(C) in section 7501(1), by striking ``, except as provided
in section 1599e of title 10,'';
(D) in section 7511(a)(1)(A)(ii), by striking ``except as
provided in section 1599e of title 10,''; and
(E) in section 7541(1)(A), by striking ``or section 1599e
of title 10''.
SEC. 1107. MODIFICATION OF DARPA PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT SCIENCE AND ENGINEERING EXPERTS.
Section 1599h(b) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) in the case of employees appointed pursuant to
paragraph (1)(B)--
``(i) to any of 5 positions designated by the Director
of the Defense Advanced Research Projects Agency for
purposes of this clause, at rates not in excess of a rate
equal to 150 percent of the maximum rate of basic pay
authorized for positions at Level I of the Executive
Schedule under section 5312 of title 5; and
``(ii) to any other position designated by the Director
for purposes of this clause, at rates not in excess of the
maximum amount of total annual compensation payable at the
salary set in accordance with section 104 of title 3;'';
and
(B) in subparagraph (B), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(4) during any fiscal year, pay up to 15 individuals newly
appointed pursuant to paragraph (1)(B) the travel, transportation,
and relocation expenses and services described under sections 5724,
5724a, and 5724c of title 5.''.
SEC. 1108. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT
OF THE NAVY EMPLOYEES PERFORMING WORK OVERSEAS ON NAVAL VESSELS.
Section 5542(a)(6)(A) of title 5, United States Code, is amended--
(1) by inserting ``outside the United States'' after
``temporary duty'';
(2) by striking ``the nuclear aircraft carrier that is forward
deployed in Japan'' and inserting ``naval vessels'';
(3) by inserting ``of 1938'' after ``Fair Labor Standards
Act''; and
(4) by striking ``the overtime'' and all that follows through
the period at the end and inserting ``the employee shall be coded
and paid overtime as if the employee's exemption status under that
Act is the same as it is at the employee's permanent duty
station.''.
SEC. 1109. REPEAL OF CREDITING AMOUNTS RECEIVED AGAINST PAY OF FEDERAL
EMPLOYEE OR DC EMPLOYEE SERVING AS A MEMBER OF THE NATIONAL GUARD OF
THE DISTRICT OF COLUMBIA.
(a) In General.--Section 5519 of title 5, United States Code, is
amended by striking ``or (c)''.
(b) Application.--The amendment made by subsection (a) shall apply
to any amounts credited, by operation of such section 5519, against the
pay of an employee or individual described under section 6323(c) of
such title on or after the date of enactment of this Act.
SEC. 1110. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-OF-TIME
ARRANGEMENT.
Section 5542 of title 5, United States Code, is amended by adding
at the end the following:
``(h)(1)(A) Notwithstanding any other provision of this section or
section 5545b, any hours worked by a firefighter under a qualified
trade-of-time arrangement shall be disregarded for purposes of any
determination relating to eligibility for, or the amount of, any
overtime pay under this section, including overtime pay under the Fair
Labor Standards Act in accordance with subsection (c).
``(B) The Director of the Office of Personnel Management--
``(i) shall identify the situations in which a firefighter
shall be deemed to have worked hours actually worked by a
substituting firefighter under a qualified trade-of-time
arrangement; and
``(ii) may adopt necessary policies governing the treatment of
both a substituting and substituted firefighter under a qualified
trade-of-time arrangement, without regard to how those firefighters
would otherwise be treated under other provisions of law or
regulation.
``(2) In this subsection--
``(A) the term `firefighter' means an employee--
``(i) the work schedule of whom includes 24-hour duty
shifts; and
``(ii) who--
``(I) is a firefighter, as defined in section 8331(21)
or 8401(14);
``(II) in the case of an employee who holds a
supervisory or administrative position and is subject to
subchapter III of chapter 83, but who does not qualify to
be considered a firefighter within the meaning of section
8331(21), would so qualify if such employee had transferred
directly to such position after serving as a firefighter
within the meaning of such section;
``(III) in the case of an employee who holds a
supervisory or administrative position and is subject to
chapter 84, but who does not qualify to be considered a
firefighter within the meaning of section 8401(14), would
so qualify if such employee had transferred directly to
such position after performing duties described in section
8401(14)(A) and (B) for at least 3 years; and
``(IV) in the case of an employee who is not subject to
subchapter III of chapter 83 or chapter 84, holds a
position that the Office of Personnel Management determines
would satisfy subclause (I), (II), or (III) if the employee
were subject to subchapter III of chapter 83 or chapter 84;
and
``(B) the term `qualified trade-of-time arrangement' means an
arrangement under which 2 firefighters who are subject to the
supervision of the same fire chief agree, solely at their option
and with the approval of the employing agency, to substitute for
one another during scheduled work hours in the performance of work
in the same capacity.''.
SEC. 1111. PARENTAL BEREAVEMENT LEAVE.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6329d. Parental bereavement leave
``(a) Definitions.--In this section--
``(1) the terms `employee' and `son or daughter' have the
meanings given those terms in section 6381; and
``(2) the term `paid leave' means, with respect to an employee,
leave without loss of or reduction in--
``(A) pay;
``(B) leave to which the employee is otherwise entitled
under law; or
``(C) credit for time or service.
``(b) Bereavement Leave.--
``(1) In general.--Subject to paragraphs (2) and (3), an
employee shall be entitled to a total of 2 administrative workweeks
of paid leave during any 12-month period because of the death of a
son or daughter of the employee.
``(2) Limitation.--Leave under paragraph (1) may not be taken
by an employee intermittently or on a reduced leave schedule unless
the employee and the employing agency of the employee agree
otherwise.
``(3) Notice.--In any case in which the necessity for leave
under this subsection is foreseeable, the employee shall provide
the employing agency with such notice as is reasonable and
practicable.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 63 of title 5, United States Code, is amended
by adding at the end the following:
``6329d. Parental bereavement leave.''.
SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1105 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is further amended by striking ``through
2021'' and inserting ``through 2022''.
SEC. 1113. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL FLEXIBILITIES
FOR DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND
TEST FACILITIES BASE CIVILIAN PERSONNEL.
Section 1132 of the National Defense Authorization Act for Fiscal
Year 2017 (10 U.S.C. 1580 note prec.) is amended--
(1) in subsection (a), by striking ``through 2021'' and
inserting ``through 2026'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Data Collection Requirement.--The Secretary of Defense shall
develop and implement a plan to collect and analyze data on the pilot
program for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the leadership of the Department
and Congress on the implementation of the pilot program and related
policy issues.
``(g) Briefing.--Not later than 90 days after the end of each of
fiscal years 2022 through 2026, the Secretary of Defense shall provide
a briefing to the Committee on Armed Services of the House of
Representatives, the Committee on Armed Services of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate including--
``(1) a description of the effect of this section on the
management of civilian personnel at domestic defense industrial
base facilities and Major Range and Test Facilities Base during the
most recently ended fiscal year; and
``(2) the number of employees--
``(A) hired under such section during such fiscal year; and
``(B) expected to be hired under such section during the
fiscal year in which the briefing is provided.''.
SEC. 1114. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL
DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1106 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
further amended by striking ``2022'' and inserting ``2023''.
SEC. 1115. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall conduct an assessment of the impacts resulting from the
Navy's suspension in 2016 of the Accelerated Promotion Program (in this
section referred to as the ``APP''). The Inspector General may consult
with the Secretary of the Navy in carrying out such assessment, but the
Navy may not play any other role in such assessment.
(b) Elements.--The assessment required under subsection (a) shall
include the following elements:
(1) An identification of the employees who were hired at the
four public shipyards between January 23, 2016, and December 22,
2016, covering the period in which APP was suspended, and who would
have otherwise been eligible for APP had the program been in effect
at the time they were hired.
(2) An assessment for each employee identified in paragraph (1)
to determine the difference between wages earned from the date of
hire to the date on which the wage data would be collected and the
wages which would have been earned during this same period should
that employee have participated in APP from the date of hire and
been promoted according to the average promotion timeframe for
participants hired in the five-year period prior to the suspension.
(3) An assessment for each employee identified in paragraph (1)
to determine at what grade and step each effected employee would be
at on October 1, 2020, had that employee been promoted according to
the average promotion timeframe for participants hired in the five-
year period prior to the suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take measures
using those authorities to provide the pay difference and
corresponding interest, at a rate of the federal short-term
interest rate plus 3 percent, to each effected employee identified
in paragraph (2) and directly promote the employee to the grade and
step identified in paragraph (3).
(c) Report.--The Inspector General of the Department of Defense
shall submit, to the congressional defense committees, the Committee on
Oversight and Reform of the House of Representatives, and the Committee
on Homeland Security and Governmental Affairs of the Senate, a report
on the results of the evaluation by not later than 270 days after the
date of enactment of this Act, and shall provide interim briefings upon
request.
SEC. 1116. INCREASE IN ALLOWANCE BASED ON DUTY AT REMOTE WORKSITES.
(a) Assessment and Rate.--Not later than March 31, 2022, the
Director of the Office of Personnel Management shall complete an
assessment of the remote site pay allowance under section 5942 of title
5, United States Code, and propose a new rate of such allowance,
adjusted for inflation, and submit such assessment and rate to the
President and to Congress.
(b) Application.--Beginning on the first day of the first pay
period beginning after the date the Director submits the assessment and
rate under subsection (a), such rate shall, notwithstanding subsection
(a) of such section 5942, be the rate of such allowance.
SEC. 1117. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL INTEREST
REQUIREMENTS FOR DEPARTMENT OF DEFENSE OFFICERS AND EMPLOYEES.
(a) In General.--Except as provided in subsection (b), in addition
to the prohibition set forth in section 208 of title 18, United States
Code, an officer or employee of the Department of Defense may not
knowingly participate personally and substantially in any particular
matter involving specific parties where any of the following
organizations is a party or represents a party to the matter:
(1) Any organization, including a trade organization, for which
the officer or employee has served as an employee, officer,
director, trustee, or general partner in the past 2 years.
(2) Any organization with which the officer or employee is
seeking employment.
(b) Authorization.--An agency designee may authorize the officer or
employee to participate in a matter described in paragraph (a) based on
a determination, made in light of all relevant circumstances, that the
interest of the Government in the officer or employee's participation
outweighs the concern that a reasonable person may question the
integrity of the agency's programs and operations.
(c) Construction.--Nothing in this section shall be construed to
terminate, alter, or make inapplicable any other prohibition or
limitation in law or regulation on the participation of officers or
employees of the Department of Defense in particular matters having an
effect on their or related financial or other personal interests.
SEC. 1118. OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS.
Not later than 270 days after the date of the enactment of this
Act, the Director of the Office of Personnel Management shall, pursuant
to chapter 51 of title 5, United States Code, establish or update one
or more occupational series covering Federal Government positions in
the fields of software development, software engineering, data science,
and data management.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Administrative support and payment of certain expenses for
covered foreign defense personnel.
Sec. 1202. Authority for certain reimbursable interchange of supplies
and services.
Sec. 1203. Extension of support of special operations for irregular
warfare.
Sec. 1204. Modification and extension of biennial Comptroller General of
the United States audits of programs to build the capacity of
foreign security forces.
Sec. 1205. Temporary authority to pay for travel and subsistence
expenses of foreign national security forces participating in
the training program of the United States-Colombia Action Plan
for Regional Security.
Sec. 1206. Security cooperation strategy for certain combatant commands.
Sec. 1207. Report on security cooperation programs.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Sense of Congress on the service of United States Armed
Forces servicemembers in Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Prohibition on transfer of Department of Defense funds or
resources to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban or the
Islamic Emirate of Afghanistan.
Sec. 1215. Prohibition on removal of publicly available accountings of
military assistance provided to the Afghan security forces.
Sec. 1216. Joint report on using the synchronized predeployment and
operational tracker (spot) database to verify Afghan SIV
applicant information.
Sec. 1217. Report and briefing on United States equipment, property, and
classified material that was destroyed or abandoned in the
withdrawal from Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1222. Defense and diplomatic strategy for Syria.
Sec. 1223. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1224. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Prohibition on transfers to Badr Organization.
Sec. 1226. Prohibition on transfers to Iran.
Sec. 1227. Report on the military capabilities of Iran and related
activities.
Sec. 1228. Sense of Congress on enrichment of uranium by Iran.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Extension of Ukraine Security Assistance Initiative.
Sec. 1233. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1235. Report on Russian influence operations and campaigns
targeting military alliances and partnerships of which the
United States is a member.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Extension and modification of Indo-Pacific Maritime Security
Initiative.
Sec. 1242. Extension and modification of Pacific Deterrence Initiative.
Sec. 1243. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1245. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1246. Sense of Congress on Taiwan defense relations.
Sec. 1247. Statement of policy on Taiwan.
Sec. 1248. Annual report on Taiwan asymmetric capabilities and
intelligence support.
Sec. 1249. Feasibility briefing on cooperation between the National
Guard and Taiwan.
Sec. 1250. Feasibility report on establishing military-to-military
crisis communications capabilities.
Sec. 1251. Comparative analyses and reports on efforts by the United
States and the People's Republic of China to advance critical
modernization technology with respect to military
applications.
Sec. 1252. Sense of congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle A--Assistance and Training
SEC. 1201. ADMINISTRATIVE SUPPORT AND PAYMENT OF CERTAIN EXPENSES FOR
COVERED FOREIGN DEFENSE PERSONNEL.
(a) In General.--Subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 334. Administrative support and payment of certain expenses for
covered foreign defense personnel
``(a) In General.--The Secretary of Defense may--
``(1) provide administrative services and support to the United
Nations Command for the performance of duties by covered foreign
defense personnel during the period in which the covered foreign
defense personnel are assigned to the United Nations Command or the
Neutral Nations Supervisory Commission in accordance with the
Korean War Armistice Agreement of 1953; and
``(2) pay the expenses specified in subsection (b) for covered
foreign defense personnel who are--
``(A) from a developing country; and
``(B) assigned to the headquarters of the United Nations
Command.
``(b) Types of Expenses.--The types of expenses that may be paid
under the authority of subsection (a)(2) are the following:
``(1) Travel and subsistence expenses directly related to the
duties of covered foreign defense personnel described in subsection
(a)(2) in connection with the assignment of such covered foreign
defense personnel.
``(2) Personal expenses directly related to carrying out such
duties.
``(3) Expenses for medical care at a military medical facility.
``(4) Expenses for medical care at a civilian medical facility,
if--
``(A) adequate medical care is not available to such
covered foreign defense personnel at a local military medical
treatment facility;
``(B) the Secretary determines that payment of such medical
expenses is necessary and in the best interests of the United
States; and
``(C) medical care is not otherwise available to such
covered foreign defense personnel pursuant to a treaty or any
other international agreement.
``(5) Mission-related travel expenses, if--
``(A) such travel is in direct support of the national
interests of the United States; and
``(B) the Commander of the United Nations Command directs
round-trip travel from the headquarters of the United Nations
Command to one or more locations.
``(c) Reimbursement.--The Secretary may provide the administrative
services and support and pay the expenses authorized by subsection (a)
with or without reimbursement.
``(d) Definitions.--In this section:
``(1) The term `administrative services and support' means base
or installation support services, facilities use, base operations
support, office space, office supplies, utilities, copying
services, computer support, communication services, fire and police
protection, postal services, bank services, transportation
services, housing and temporary billeting (including ancillary
services), specialized clothing required to perform assigned
duties, temporary loan of special equipment, storage services,
training services, and repair and maintenance services.
``(2) The term `covered foreign defense personnel' means
members of the military of a foreign country who are assigned to--
``(A) the United Nations Command; or
``(B) the Neutral Nations Supervisory Commission.
``(3) The term `developing country' has the meaning given the
term in section 301(4) of this title.
``(4) The term `Neutral Nations Supervisory Commission' means
the delegations from Sweden and Switzerland (or successor
delegations) appointed in accordance with the Korean War Armistice
Agreement of 1953 or its subsequent agreements.
``(5) The term `United Nations Command' means the headquarters
of the United Nations Command, the United Nations Command Military
Armistice Commission, the United Nations Command-Rear, and the
United Nations Command Honor Guard.''.
(b) Conforming Amendment.--The table of sections at the beginning
of subchapter IV of chapter 16 of title 10, United States Code, is
amended by adding at the end the following new item:
``334. Administrative support and payment of certain expenses for
covered foreign defense personnel.''.
SEC. 1202. AUTHORITY FOR CERTAIN REIMBURSABLE INTERCHANGE OF SUPPLIES
AND SERVICES.
Section 2571 of title 10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) If its head approves, a department or organization within
the Department of Defense may, upon request, perform work and services
for, or furnish supplies to, any other of those departments or
organizations, with or without reimbursement or transfer of funds.
``(2) Use of the authority under this section for reimbursable
support is limited to support for the purpose of providing assistance
to a foreign partner pursuant to section 333 and section 345 of this
title.''; and
(2) by adding at the end the following new subsection:
``(e)(1) An order placed by a department or organization on a
reimbursable basis pursuant to subsection (b) shall be considered to be
an obligation in the same manner as an order placed under section 6307
of title 41.
``(2) Amounts received as reimbursement shall be credited in
accordance with section 2205 of this title to the appropriation of the
supporting department or organization used in incurring the obligation
in the year or years that support is provided.''.
SEC. 1203. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR
WARFARE.
Section 1202(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended by
striking ``2023'' and inserting ``2025''.
SEC. 1204. MODIFICATION AND EXTENSION OF BIENNIAL COMPTROLLER GENERAL
OF THE UNITED STATES AUDITS OF PROGRAMS TO BUILD THE CAPACITY OF
FOREIGN SECURITY FORCES.
Section 1205(f) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291) is amended--
(1) in paragraph (1)--
(A) by striking ``and 2020'' and inserting ``, 2020, and
2022''; and
(B) by striking ``section 2282 of title 10, United States
Code (as so added)'' and inserting ``subsections (a)(1) and
(e)(7)(B) of section 333 of title 10, United States Code''; and
(2) in paragraph (2)--
(A) by redesignating subparagraph (E) as subparagraph (H);
and
(B) by inserting after subparagraph (D) the following:
``(E) An evaluation of coordination by the Department of
Defense with foreign countries under the program or programs,
as applicable.
``(F) A description and evaluation of the methodology used
by the Department of Defense to evaluate the effectiveness of
training under the program or programs.
``(G) An analysis of the methodology used by the Department
of Defense to evaluate the effectiveness of the program or
programs to develop the institutional capacity of the foreign
countries.''.
SEC. 1205. TEMPORARY AUTHORITY TO PAY FOR TRAVEL AND SUBSISTENCE
EXPENSES OF FOREIGN NATIONAL SECURITY FORCES PARTICIPATING IN THE
TRAINING PROGRAM OF THE UNITED STATES-COLOMBIA ACTION PLAN FOR REGIONAL
SECURITY.
(a) Authority.--For fiscal year 2022, the Secretary of Defense is
authorized to pay for the travel, subsistence, and similar personnel
expenses of the national security forces of a friendly foreign country
to participate in the training program of the United States-Colombia
Action Plan for Regional Security conducted at a facility in Colombia.
(b) Notification.--Not later than 15 days before the exercise of
the authority under subsection (a), the Secretary shall provide to the
congressional defense committees a written notification that includes
the following:
(1) An identification of the foreign country, and the specific
unit of the national security forces of such country, the capacity
of which will be built by participating in such training program.
(2) The amount of support to be provided under that subsection.
(3) An identification of the United States equipment purchased
or acquired by such foreign country, for the use of which training
is being provided under such training program.
(4) A description of the specific capabilities to be built
through such training program with such support.
(5) A detailed description of the manner in which building the
capabilities of such country through such training program advances
the national security interests of the United States.
(6) A detailed assessment of the effectiveness of such training
program in meeting Department of Defense requirements for building
the capacity of such country.
(c) Source of Funds.--Of the amounts authorized to be appropriated
for fiscal year 2022 for the Department of Defense for operation and
maintenance, Defense-wide, the Secretary may obligate or expend not
more than $2,000,000 to pay for expenses described in subsection (a)
for such fiscal year.
(d) Limitation.--The provision of support under subsection (a)
shall be subject to section 362 of title 10, United States Code.
SEC. 1206. SECURITY COOPERATION STRATEGY FOR CERTAIN COMBATANT
COMMANDS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretary of State, shall develop and implement a security cooperation
strategy for each covered combatant command, which shall apply to the
security cooperation programs and activities of the Department of
Defense (as defined in section 301 of title 10, United States Code).
(b) Elements.--The strategy for each covered combatant command
required by subsection (a) shall include the following:
(1) A discussion of how the strategy will--
(A) support and advance United States national security
interests in strategic competition with near-peer rivals;
(B) prioritize and build key capabilities of allied and
partner security forces so as to enhance bilateral and
multilateral interoperability and responsiveness;
(C) prioritize and build the capabilities of foreign
partner security forces to secure their own territory,
including through operations against violent extremist groups;
(D) promote and build institutional capabilities for
observance of, and respect for--
(i) the law of armed conflict;
(ii) human rights and fundamental freedoms;
(iii) the rule of law; and
(iv) civilian control of the military; and
(E) support the programs and activities of law enforcement
and civilian agencies, as appropriate, to counter the threat of
and reduce risks from illicit drug trafficking and other forms
of transnational organized crime.
(2) A statement of the security cooperation strategic
objectives for--
(A) the covered combatant command; and
(B) the covered combatant command in conjunction with other
covered combatant commands.
(3) A description of the primary security cooperation lines of
effort for achieving such strategic objectives, including
prioritization of foreign partners within the covered combatant
command.
(4) A description of the Department of Defense authorities to
be used for each such line of effort and the manner in which such
authorities will contribute to achieving such strategic objectives.
(5) A description of the institutional capacity-building
programs and activities within the covered combatant command and an
assessment of the manner in which such programs and activities
contribute to achieving such strategic objectives.
(6) A description of Department of Defense educational programs
and institutions, and international institutions, relevant to the
combatant command and an assessment of the manner in which such
programs and institutions contribute to achieving such strategic
objectives.
(7) A discussion of the manner in which the development,
planning, and implementation of programs or activities under
Department of Defense security cooperation authorities are
coordinated and deconflicted with security assistance and other
assistance authorities of the Department of State and other
civilian agencies.
(c) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the security
cooperation strategy for each covered combatant command developed
under subsection (a).
(2) Subsequent reports.--Beginning in fiscal year 2023, and
annually thereafter through fiscal year 2027, concurrently with the
submittal of the report required by section 386(a) of title 10,
United States Code, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the implementation
of the security cooperation strategy for each covered combatant
command developed under subsection (a).
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) Covered combatant command.--The term ``covered combatant
command'' means--
(A) the United States European Command;
(B) the United States Indo-Pacific Command;
(C) the United States Central Command;
(D) the United States Africa Command;
(E) the United States Southern Command; and
(F) the United States Northern Command.
SEC. 1207. REPORT ON SECURITY COOPERATION PROGRAMS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report that--
(1) reviews the existing requirements for conducting human
rights training of foreign national security forces pursuant to
security cooperation authorities under chapter 16 of title 10,
United States Code;
(2) reviews current Department of Defense practices and
procedures for collecting data under such authorities for purposes
of assessing, monitoring, and evaluating the effectiveness of such
human rights training programs and assessing compliance with
section 362 of title 10, United States Code; and
(3) evaluates the effectiveness of human rights training
described in paragraph (1) to contribute to United States national
security objectives.
(b) Matters to Be Included.--The report required by subsection (a)
may include recommendations for measures to improve the effectiveness
of human rights training or to promote observation of and respect for
human rights and fundamental freedoms, the rule of law, and civilian
control of the military.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES ARMED
FORCES SERVICEMEMBERS IN AFGHANISTAN.
It is the sense of Congress that--
(1) the servicemembers of the United States Armed Forces who
served in Afghanistan represent the very best of the United States;
(2) the service of those who returned home from war with wounds
seen and unseen and those who died in defense of the Nation are not
forgotten;
(3) the United States honors these brave members of the Armed
Forces and their families; and
(4) the United States shall never forget the services they
rendered and the sacrifices they and their families made in the
defense of a grateful Nation.
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
Section 1233 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 393) is amended--
(1) in subsection (a), by striking ``for the period beginning
on October 1, 2020, and ending on December 31, 2021'' and inserting
``for the period beginning on October 1, 2021, and ending on
December 31, 2022''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on October 1,
2020, and ending on December 31, 2021'' and inserting ``during
the period beginning on October 1, 2021, and ending on December
31, 2022''; and
(B) by striking ``$180,000,000'' and inserting
``$60,000,000''.
SEC. 1213. PROHIBITION ON TRANSFER OF DEPARTMENT OF DEFENSE FUNDS OR
RESOURCES TO THE TALIBAN.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available to the Department of Defense
may be made available--
(1) to provide any funds or resources to the Taliban; or
(2) to conduct any military cooperation or sharing of military
intelligence with the Taliban, unless the Secretary of Defense
determines that such cooperation or sharing advances the national
security interests of the United States.
(b) Notification.-----
(1) Submission required.--If the Secretary makes an affirmative
determination described in subsection (1)(a), the Secretary shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives a written description of the military
cooperation or military intelligence that was shared with the
Taliban pursuant to such determination, not later than 5 days after
the date of such cooperation or sharing. The Secretary shall
include with such description any other matter the Secretary
determines relevant.
(2) Form.--The information described in paragraph (1) shall be
submitted in an unclassified format and may include a classified
annex.
SEC. 1214. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN OR THE
ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available for the operation of any aircraft of the Department of
Defense to transport currency or other items of value to the Taliban,
the Islamic Emirate of Afghanistan, or any subsidiary, agent, or
instrumentality of either the Taliban or the Islamic Emirate of
Afghanistan.
SEC. 1215. PROHIBITION ON REMOVAL OF PUBLICLY AVAILABLE ACCOUNTINGS OF
MILITARY ASSISTANCE PROVIDED TO THE AFGHAN SECURITY FORCES.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2022 may be used to remove from the website of the Department of
Defense or any other agency publicly available accountings of military
assistance provided to the Afghan security forces that was publicly
available online as of July 1, 2021.
SEC. 1216. JOINT REPORT ON USING THE SYNCHRONIZED PREDEPLOYMENT AND
OPERATIONAL TRACKER (SPOT) DATABASE TO VERIFY AFGHAN SIV APPLICANT
INFORMATION.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall submit to appropriate congressional committees a joint
report on the use of the Department of Defense Synchronized
Predeployment and Operational Tracker database (in this section
referred to as the ``SPOT database'') to verify the existence, for the
purpose of determining eligibility for special immigrant visa (SIV)
program, of--
(1) Department of Defense contracts;
(2) employment of Afghans who worked for the United States
Government; and
(3) biographic data.
(b) Elements of Joint Report.--The joint report required under
subsection (a) shall--
(1) evaluate the improvements in the SIV process following the
use of the SPOT database to verify SIV applications, including the
extent to which use of SPOT expedited SIV processing, reduced the
risk of fraudulent documents, and the extent to which the SPOT
database could be used for future SIV programs;
(2) identify obstacles that persisted in documenting the
identity and employment of locally employed staff and contractors
after the use of the SPOT database in the SIV process; and
(3) recommend the changes to the SPOT database that would be
necessary to make it a centralized interagency database of
personnel and employment data that can be used to adjudicate SIV
eligibility for those employed under United States Government
contracts, grants, or cooperative agreements.
(c) Consultation.--For the purposes of preparing the joint report
required under this section, the Secretary of Defense and the Secretary
of State shall consult with the Administrator of the United States
Agency for International Development and the Secretary of Homeland
Security.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Armed Services and the Committee on Foreign Relations of the Senate
and the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives.
SEC. 1217. REPORT AND BRIEFING ON UNITED STATES EQUIPMENT, PROPERTY,
AND CLASSIFIED MATERIAL THAT WAS DESTROYED OR ABANDONED IN THE
WITHDRAWAL FROM AFGHANISTAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments and the Commander of United
States Central Command, shall submit to the congressional defense
committees a report regarding the covered United States equipment,
property, and classified material and money in cash that was destroyed
or abandoned in Afghanistan or removed from Afghanistan during the
covered period. Such report shall include each of the following:
(1) A determination of the value of the covered United States
equipment, property, and classified material that was destroyed or
abandoned, disaggregated by military department and itemized to the
most specific feasible level.
(2) An itemized list of destroyed or abandoned aircraft in
Afghanistan and the location and condition of aircraft flown out of
Afghanistan formerly possessed by the Afghan Air Force or the
former government of Afghanistan.
(3) An itemized list of destroyed or abandoned weapons, weapon
systems, components of weapons or weapon systems, ammunition,
explosives, missiles, ordnance, bombs, mines, or projectiles,
disaggregated by military department.
(4) For each item on a list referred to in paragraphs (2) and
(3), an explanation of the legal authority relied upon to destroy
or abandon that specific item.
(5) An evaluation of the capabilities of the Taliban post-
withdrawal as a result of their seizure of abandoned covered United
States equipment, property, and classified material, including an
evaluation of the capabilities of the Taliban post-withdrawal to
monetize through the transfer of abandoned covered United States
equipment, property, and classified material to adversaries of the
United States.
(6) An assessment of aircraft flown out of Afghanistan formerly
possessed by the Afghan Air Force or the former government of
Afghanistan that could be returned to the Taliban or to the Islamic
Emirate of Afghanistan by other countries.
(7) An assessment of the damage to the national security
interests of the United States as a result of the destroyed or
abandoned covered United States equipment, property, and classified
material.
(8) An assessment of the feasibility of disabling, destroying,
recovering, or recapturing abandoned covered United States
equipment, property, and classified material in and outside of
Afghanistan and any plans to do so.
(9) Available imagery or photography depicting the Taliban or
other countries possessing abandoned covered United States
equipment, property, and classified material.
(b) Executive Summary of Report.--The report required under
subsection (a) shall include an executive summary of the report, which
shall be unclassified and made publicly available.
(c) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretaries of the
military departments, and the Commander of United States Central
Command shall provide to the congressional defense committees a
briefing on the report required by this section.
(d) Definitions.--In this section:
(1) Covered united states equipment, property, and classified
material.--The term ``covered United States equipment, property,
and classified material'' means any of the following items formerly
owned by the Government of the United States or provided by the
United States to the former government or military of Afghanistan
during the covered period:
(A) Real property, including any lands, buildings,
structures, utilities systems, improvements, and appurtenances,
thereto, including equipment attached to and made part of
buildings and structures, but not movable equipment.
(B) Personal property, including property of any kind or
any interest therein, except real property.
(C) Equipment, including all nonexpendable items needed to
outfit or equip an individual or organization.
(D) Classified information, in any form, including official
information that has been determined to require, in the
interests of national security, protection against unauthorized
disclosure and which has been so designated.
(2) Covered period.--The term ``covered period'' means the
period beginning on February 29, 2020, and ending on the date of
the enactment of this Act.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 127 Stat. 3451) is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022''.
(b) Notice Before Provision of Assistance.--Subsection (b)(2) of
such section is amended by striking subparagraph (A) and inserting the
following:
``(A) not later than 15 days before the expenditure of each
25 percent of the total amount authorized to be appropriated in
any fiscal year under this section; or''.
(c) Waiver Authority.--Subsection (l) of such section is amended by
adding at the end the following:
``(3) Waiver authority.--
``(A) In general.--The President may waive the limitation
under paragraph (1)(A) on a per project basis for the purposes
of providing support authorized under subsection (a)(4) if the
President--
``(i) determines that the waiver is in the national
security interest of the United States; and
``(ii) submits to the appropriate congressional
committees a notification of the exercise of the waiver.
``(B) Notice and wait.--
``(i) In general.--A project with respect to which the
exercise of a waiver under subparagraph (A) applies may
only be carried out after the end of a 15-day period
beginning at the date on which the appropriate
congressional committees receive the notification required
by subparagraph (A)(ii).
``(ii) Matters to be included.--The notification
required by subparagraph (A)(ii) shall include the
following:
``(I) A detailed plan and cost estimate for the
project.
``(II) A certification by the President that
facilities and activities relating to the project
comply with--
``(aa) the law of armed conflict;
``(bb) internationally recognized human rights;
``(cc) the principle of non-refoulement;
``(dd) the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
(done at New York on December 10, 1984); and
``(ee) the United Nations Convention Relating
to the Status of Refugees, done at Geneva July 28,
1951 (as made applicable by the Protocol Relating
to the Status of Refugees, done at New York January
31, 1967 (19 UST6223)).
``(III) An explanation of the national security
interest addressed by the project.
``(iii) Appropriate congressional committees defined.--
In this subparagraph, the term `appropriate congressional
committees' means--
``(I) the congressional defense committees; and
``(II) the Committee on Committee on Foreign
Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
``(C) Update to plan and cost estimate.--Upon obligation of
any funds to carry out a project with respect to which the
exercise of a waiver under subparagraph (A) applies, the
Secretary of Defense shall submit to the congressional defense
committees an update to the plan and cost estimate for the
project as required by subparagraph (B)(ii)(I).
``(D) Sunset.--The waiver authority under this paragraph
shall expire on December 31, 2022.''.
(d) Technical Amendment.--The table of contents for the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 127 Stat. 3293) is amended by
striking the item relating to section 1209 and inserting the following:
``Sec. 1209. Authority to provide assistance to vetted Syrian groups and
individuals.''.
SEC. 1222. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the President, acting through the Secretary of
State and in coordination with the Secretary of Defense, shall submit
to the appropriate congressional committees a report that contains a
description of the United States defense and diplomatic strategy for
Syria.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) A United States diplomatic strategy for Syria, including a
description of the desired diplomatic objectives for advancing
United States national interests in Syria, desired end-goals, and a
description of the intended diplomatic and related foreign policy
means to achieve such objectives, including engagement with key
foreign actors operating in Syria such as Russia and Turkey.
(2) A United States defense strategy for Syria, including a
description of the security objectives the United States aims to
achieve, including the objectives and desired end-state for the
United States military presence in northeast Syria, envisioned
transition timeline for security responsibilities to the Syrian
Democratic Forces (SDF), and status of remaining ISIS elements,
strategy to mitigate Turkish-SDF tensions, and a long-term approach
to managing the threat of Iranian-aligned militias and forces
operating in Syria to United States partners and interests.
(3) A description of United States strategy and objectives for
United States military support to and coordination with the Jaysh
Maghawir al-Thawra (``MaT'') including transition plan and
operational needs in and around Al-Tanf.
(4) A plan for enduring security of ISIS detainees currently
held in SDF secured facilities (including so-called ``third country
fighters'' as well as Iraqi and Syrian national ISIS detainees)
accounting for security of personnel and facilities involved.
(5) A diplomatic strategy for securing the repatriation of
remaining ISIS ``third country fighters'' to countries of origin,
including a comprehensive breakdown of each country of origin and
number of detainees yet to be repatriated.
(6) A plan for the resettlement and disposition of ISIS
connected women and children in remaining detention facilities,
including roles and responsibilities of counter-ISIS coalition
partners.
(7) A detailed assessment of the security and humanitarian
situation at the internally displaced persons camp at Rukban,
including an overview of international efforts to reduce the camp's
population and United States policy options to ameliorate the
situation.
(8) A plan for diplomatic and humanitarian engagement with
regional partners and multilateral institutions to ensure
successful and safe delivery of continued humanitarian assistance
to non-regime held areas of Syria.
(9) An assessment of United States efforts to prevent
normalization and rehabilitation of the Assad regime, to include
addressing recent outreach to the Assad regime by United States
partners.
(10) An assessment of United States diplomatic efforts to
prevent Syria's re-entry into the Arab League.
(11) An assessment of progress towards meeting the criteria
specified in paragraphs (1) through (7) of section 7431(a) of the
Caesar Syria Civilian Protection Act of 2019 (Public Law 116-92;
133 Stat. 2297), required for suspension of sanctions against the
Assad regime.
(12) An assessment of United States efforts to seek
accountability for the Assad regime's crimes against the Syrian
people, to include unlawful detention, forced disappearance,
torture, starvation, and the use of chemical weapons.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2022''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022''; and
(2) by striking ``$322,500,000'' and inserting
``$345,000,000''.
(c) Assessment and Authority To Assist Directly Certain Covered
Groups.--Subsection (l)(1)(B) of such section is amended--
(1) by striking clause (ii);
(2)(A) by redesignating clauses (iii) through (vi) as clauses
(ii) through (v), respectively; and
(B) by redesignating clause (vii) as clause (xi);
(3) in clause (iv), as redesignated, by striking ``, and once
established, the Iraqi Sunni National Guard''; and
(4) by inserting after clause (v), as redesignated, the
following:
``(vi) Whether the Shia militias are gaining new malign
capabilities or improving such capabilities, and whether
the Government of Iraq is acting to counter or suppress
those capabilities.
``(vii) Whether the Government of Iraq is acting to
ensure the safety of United States Government personnel and
citizens, as well as the safety of United States
facilities.
``(viii) Whether the Government of Iraq is ensuring the
safe and voluntary return of ethno-religious minority
populations to their home communities in the Nineveh Plains
region of Iraq.
``(ix) Whether the Government of Iraq has provided
support and funding to institutionalize and make permanent
local, representative, and regionally-based security
forces.
``(x) An assessment of the impact of the Iraq and Syria
Genocide Relief and Accountability Act of 2018 (Public Law
115-300) on return rates of vulnerable, indigenous, ethno-
religious groups, including Assyrians and Yazidis, in those
areas of the Nineveh Plains region of Iraq in which
assistance has been provided pursuant to subsection (a).''.
(d) Waiver Authority.--Such section, as so amended, is further
amended by adding at the end the following:
``(o) Waiver Authority.--
``(1) In general.--The President may waive the dollar amount
limitation in subsection (a) with respect to a construction,
repair, or renovation project for the purposes of providing the
support described in paragraph (2) if the President--
``(A) determines that the waiver is in the national
security interest of the United States; and
``(B) submits to the appropriate congressional committees a
notification of the exercise of the waiver.
``(2) Support described.--The support described in this
paragraph is support relating to temporary humane detention of
Islamic State of Iraq and Syria foreign terrorist fighters in
accordance with all laws and obligations relating to the provision
of such support, including, as applicable--
``(A) the law of armed conflict;
``(B) internationally recognized human rights;
``(C) the principle of non-refoulement;
``(D) the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (done at New York
on December 10, 1984); and
``(E) the United Nations Convention Relating to the Status
of Refugees, done at Geneva July 28, 1951 (as made applicable
by the Protocol Relating to the Status of Refugees, done at New
York January 31, 1967 (19 UST6223)).
``(3) Notice and wait.--
``(A) In general.--A project with respect to which the
exercise of a waiver under paragraph (1) applies may only be
carried out after the end of a 15-day period beginning at the
date on which the appropriate congressional committees receive
the notification required by paragraph (1)(B).
``(B) Matters to be included.--The notification required by
paragraph (1)(B) shall include the following:
``(i) A detailed plan and cost estimate for the
project.
``(ii) A certification by the President that facilities
and activities relating to the project comply with the laws
and obligations described in paragraph (2).
``(iii) An explanation of the national security
interest addressed by the project.
``(C) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate congressional committees'
means--
``(i) the congressional defense committees; and
``(ii) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
``(4) Update to plan and cost estimate.--Upon obligation of any
funds to carry out a project with respect to which the exercise of
a waiver under paragraph (1) applies, the Secretary of Defense
shall submit to the congressional defense committees an update to
the plan and cost estimate for the project as required by paragraph
(3)(B)(i).
``(5) Sunset.--The waiver authority under this subsection shall
expire on December 31, 2022.''.
(e) Restriction on Counter-ISIS Train and Equip Fund.--Amounts
authorized to be appropriated by this Act or the amendments made by
this Act or otherwise made available for any fiscal year to the
Counter-Islamic State of Iraq and Syria Train and Equip Fund are
authorized to be made available only in support of partner forces
eligible to receive assistance under section 1209(a) of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) or subsection (a)
of section 1236 of such Act, as amended by subsection (a) of this
section.
(f) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the heads of other relevant Federal departments and agencies,
shall submit to appropriate congressional committees a report that
contains the following:
(A) A comprehensive strategy and plan to train and build
lasting and sustainable military capabilities of the Iraqi
security forces, including the Kurdish Peshmerga, using
existing authorities, which may include a memorandum of
understanding with the Ministry of Peshmerga Affairs in
coordination with the Government of Iraq.
(B) A plan to engage the Government of Iraq and the
Kurdistan Regional Government in security sector reform and
strengthen and sustainably build the capacity of Iraq's
national defense and security institutions, including the
Kurdish Peshmerga.
(C) A description of the current status, capabilities, and
operational capacity of remaining Islamic State of Iraq and
Syria elements active in Iraq and Syria.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN
IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113
note) is amended by striking ``fiscal year 2021'' and inserting
``fiscal year 2022''.
(b) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2021'' and inserting ``fiscal year 2022''.
(c) Limitation on Availability of Funds.--Subsection (h) of such
section is amended to read as follows:
``(h) Limitation on Availability of Funds.--Of the amount
authorized to be appropriated by this Act for fiscal year 2022 to carry
out this section, not more than $10,000,000 may be obligated or
expended for the Office of Security Cooperation in Iraq until the date
on which the Secretary of Defense provides to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a report
that--
``(1) details further steps to reorganize the Office in a
manner similar to that of other security cooperation offices in the
region and indicates whether such reorganization will be achieved
by 2023;
``(2) describes progress made toward the continuation of
bilateral engagement with the Government of Iraq, with the
objective of establishing a joint mechanism for security assistance
planning;
``(3) includes a five-year security assistance roadmap for
developing sustainable military capacity and capabilities and
enabling defense institution building and reform; and
``(4) describes progress made toward, and a timeline for, the
transition of the preponderance of funding for the activities of
the Office from current sources to the Foreign Military Financing
Administrative Fund and the Foreign Military Sales Trust Fund
Administrative Surcharge Account in future years.''.
SEC. 1225. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available, directly or indirectly, to the Badr Organization.
SEC. 1226. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available to transfer or facilitate a transfer of pallets of currency,
currency, or other items of value to the Government of Iran, any
subsidiary of such Government, or any agent or instrumentality of Iran.
SEC. 1227. REPORT ON THE MILITARY CAPABILITIES OF IRAN AND RELATED
ACTIVITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report that
includes the following:
(1) A detailed description of each of the following:
(A) Advancements in the military capabilities of Iran,
including capabilities of the Islamic Revolutionary Guard
Corps, the Quds Force, the Artesh, and the Basij.
(B) All known instances of the supply, sale, or transfer of
arms or related materiel, including spare parts, to or from
Iran.
(C) All known instances of missile launches by Iran,
including for the purposes of testing and development or use in
military operations.
(D) Changes to the military capabilities of Iran-backed
groups, most notably Lebanese Hezbollah, Asa'ib ahl al-Haq,
Harakat Hezbollah al-Nujaba, Kata'ib Sayyid al-Shuhada, Kata'ib
al-Imam Ali, Kata'ib Hezbollah, the Badr Organization, the
Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the
Houthis).
(2) An assessment of each of the following:
(A) Impacts that the imposition or revocation of unilateral
United States economic sanctions on Iran may have on the
military capabilities of entities described in subparagraphs
(A) and (D) of paragraph (1).
(B) Acts of violence and intimidation that Iranian-backed
militias in Iraq have committed against Iraqi civilians.
(C) The threat that Iranian-backed militias in Iraq pose to
United States personnel in Iraq and in the Middle East,
including United States Armed Forces and diplomats.
(D) The threat Iranian-backed militias in Iraq pose to
United States partners in the region.
(E) The role that Iranian-backed militias in Iraq,
including the Badr Organization, play in Iraq's armed forces
and security services, including Iraq's Popular Mobilization
Forces.
(F) The United Nations arms embargo on Iran's ability to
supply, sell, or transfer, directly or indirectly, arms or
related materiel while the embargo was in effect.
(G) Iran's use of kidnapping operations against United
States citizens and an analysis of opportunities to counter
such actions or impose costs on Iran.
(b) Time Period.--Except as otherwise provided, the report required
by subsection (a) shall cover developments during the period beginning
in June 2018 and ending on the day before the date on which the report
is submitted.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select Committee
on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1228. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY IRAN.
It is the sense of Congress that--
(1) the Government of Iran's decision to enrich uranium up to
60 percent purity is a further escalation and shortens the breakout
time to produce enough highly enriched uranium to develop a nuclear
weapon; and
(2) the Government of Iran should immediately abandon any
pursuit of a nuclear weapon.
Subtitle D--Matters Relating to Russia
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND THE RUSSIAN FEDERATION.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking ``2020, or
2021'' and inserting ``2020, 2021, or 2022''.
SEC. 1232. EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended as follows:
(1) In subsection (c)--
(A) in paragraph (1), by striking ``funds available for
fiscal year 2021 pursuant to subsection (f)(6)'' and inserting
``funds available for fiscal year 2022 pursuant to subsection
(f)(7)'';
(B) in paragraph (3), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022''; and
(C) in paragraph (5), by striking ``Of the funds available
for fiscal year 2021 pursuant to subsection (f)(6)'' and
inserting ``Of the funds available for fiscal year 2022
pursuant to subsection (f)(7)''.
(2) In subsection (f), by adding at the end the following:
``(7) For fiscal year 2022, $300,000,000.''.
(3) In subsection (h), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 1233. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN
NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is
amended--
(1) in the first sentence, by striking ``December 31, 2023''
and inserting ``December 31, 2024''; and
(2) in the second sentence, by striking ``the period beginning
on October 1, 2015, and ending on December 31, 2023'' and inserting
``the period beginning on October 1, 2015, and ending on December
31, 2024.''.
SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the prohibition under subsection (a) if
the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason for
seeking the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1235. REPORT ON RUSSIAN INFLUENCE OPERATIONS AND CAMPAIGNS
TARGETING MILITARY ALLIANCES AND PARTNERSHIPS OF WHICH THE UNITED
STATES IS A MEMBER.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act and biennially thereafter until April 1, 2024,
the Secretary of Defense and the Secretary of State, in coordination
with the Director of National Intelligence and the heads of any other
appropriate departments or agencies, shall jointly submit to the
appropriate congressional committees a report on Russian influence
operations and campaigns that target United States military alliances
and partnerships.
(b) Elements.--The report required under subsection (a) shall
include each of the following:
(1) An assessment of Russia's objectives for influence
operations and campaigns targeting United States military alliances
and partnerships, including the North Atlantic Treaty Organization,
its allies, and partner countries, and how such operations and
campaigns relate to Russia's broader strategic aims.
(2) The activities and roles of the Department of Defense and
Department of State in the United States Government strategy to
counter such Russian influence operations and campaigns.
(3) A comprehensive list of specific Russian state and non-
state entities, or those of any other country with which Russia may
cooperate, involved in supporting such Russian influence operations
and campaigns and the role of each such entity in such support.
(4) An identification of the tactics, techniques, and
procedures used in previous Russian influence operations and
campaigns.
(5) An assessment of the impact of previous Russian influence
operations and campaigns targeting United States military alliances
and partnerships, including the views of senior Russian officials
about the effectiveness of such operations and campaigns in
achieving Russian objectives.
(6) An identification of each United States ally and partner,
and each military alliance of which the United States is a member,
that has been targeted by Russian influence operations and
campaigns.
(7) An identification of each United States ally and partner,
and each military alliance of which the United States is a member,
that may be targeted in future Russian influence operations and
campaigns, and an assessment of the likelihood that each such ally,
partner, or alliance will be targeted.
(8) An assessment of the capacity and efforts of each United
States ally and partner, and each military alliance of which the
United States is a member, to counter Russian influence operations
and campaigns.
(9) An identification of tactics, techniques, and procedures
likely to be used in future Russian influence operations and
campaigns targeting United States military alliances and
partnerships.
(10) Recommended authorities or activities for the Department
of Defense and Department of State in the United States Government
strategy to counter such Russian influence operations and
campaigns.
(11) Any other matters the Secretaries determine appropriate.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form and in a manner appropriate for release
to the public, but may include a classified annex.
(d) Definitions.--In this section, the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees;
(2) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1241. EXTENSION AND MODIFICATION OF INDO-PACIFIC MARITIME SECURITY
INITIATIVE.
(a) Assistance and Training.--Subsection (a)(1) of section 1263 of
the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C.
333 note) is amended, in the matter preceding subparagraph (A), by
striking ``for the purpose of'' and all that follows through ``Indian
Ocean'' and inserting ``with the primary goal of increasing
multilateral maritime security cooperation and maritime domain
awareness of foreign countries in the area of responsibility of the
United States Indo-Pacific Command''.
(b) Recipient Countries.--Subsection (b) of such section is amended
to read as follows:
``(b) Recipient Countries.--The foreign countries that may be
provided assistance and training under subsection (a) are the countries
located within the area of responsibility of the United States Indo-
Pacific Command.''.
(c) Types of Assistance and Training.--Subsection (c)(1) of such
section is amended by striking ``small-scale military construction''
and inserting ``small-scale construction (as defined in section 301 of
title 10, United States Code)''.
(d) Priorities for Assistance and Training.--Subsection (d) of such
section is amended to read as follows:
``(d) Priorities for Assistance and Training.--In developing
programs for assistance or training to be provided under subsection
(a), the Secretary of Defense shall prioritize assistance, training, or
both, to enhance--
``(1) multilateral cooperation and coordination among recipient
countries; or
``(2) the capabilities of a recipient country to more
effectively participate in a regional organization of which the
recipient country is a member.''.
(e) Incremental Expenses of Personnel of Certain Other Countries
for Training.--Subsection (e) of such section is amended to read as
follows:
``(e) Incremental Expenses of Personnel of Recipient Countries for
Training.--If the Secretary of Defense determines that the payment of
incremental expenses (as defined in section 301 of title 10, United
States Code) in connection with training described in subsection
(a)(1)(B) will facilitate the participation in such training of
organization personnel of recipient countries described in subsection
(b), the Secretary may use amounts available under subsection (f) for
assistance and training under subsection (a) for the payment of such
incremental expenses.''.
(f) Availability of Funds.--Subsection (f) of such section is
amended to read as follows:
``(f) Availability of Funds.--Of the amounts authorized to be
appropriated for each of fiscal years 2022 through 2027 for the
Department of Defense, Operation and Maintenance, Defense-wide,
$50,000,000 may be made available for the provision of assistance and
training under subsection (a).''.
(g) Limitations.--Such section is further amended--
(1) by striking subsection (i);
(2) by redesignating subsections (g) and (h) as subsections (h)
and (i), respectively; and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Limitations.--
``(1) Assistance otherwise prohibited by law.--The Secretary of
Defense may not use the authority in subsection (a) to provide any
type of assistance described in subsection (c) that is otherwise
prohibited by any provision of law.
``(2) Prohibition on assistance to units that have committed
gross violations of human rights.--The provision of assistance
pursuant to a program under subsection (a) shall be subject to the
provisions of section 362 of title 10, United States Code.
``(3) Security cooperation.--Assistance, training, and
exercises with recipient countries described in subsection (b)
shall be planned and prioritized consistent with applicable
guidance relating to the security cooperation program and
activities of the Department of Defense.
``(4) Assessment, monitoring, and evaluation.--The provision of
assistance and training pursuant to a program under subsection (a)
shall be subject to the provisions of section 383 of title 10,
United States Code.''.
(h) Notice to Congress on Assistance and Training.--Subsection
(h)(1) of such section, as so redesignated, is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) A detailed justification of the program for the
provision of the assistance or training concerned, its
relationship to United States security interests, and an
explanation of the manner in which such assistance or training
will increase multilateral maritime security cooperation or
maritime domain awareness.''; and
(2) in subparagraph (G) by striking ``the geographic combatant
command concerned'' and inserting ``the United States Indo-Pacific
Command''.
(i) Annual Monitoring Report.--Subsection (i) of such section, as
so redesignated, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``March 1, 2020'' and inserting ``March 1, 2022'';
(B) by redesignating subparagraphs (A) through (G) as
subparagraphs (B) through (H), respectively;
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) The overall strategy for improving multilateral
maritime security cooperation and maritime domain awareness
across the theater, including an identification of the
following:
``(i) Priority countries and associated capabilities
across the theater.
``(ii) Strategic objectives for the Indo-Pacific
Maritime Security Initiative across the theater, lines of
effort, and desired end results for such lines of effort.
``(iii) Significant challenges to improving
multilateral maritime security cooperation and maritime
domain awareness across the theater and the manner in which
the United States Indo-Pacific Command is seeking to
address such challenges.''; and
(D) in subparagraph (B), as so redesignated--
(i) in clause (ii), by striking the semicolon and
inserting ``; and''; and
(ii) by adding at the end the following new clause:
``(iii) how such capabilities can be leveraged to
improve multilateral maritime security cooperation and
maritime domain awareness.''; and
(2) in paragraph (2), by striking ``subsection (g)(2)'' and
inserting ``subsection (h)(2)''.
(j) Expiration.--Subsection (j) of such section is amended by
striking ``December 31, 2025'' and inserting ``December 31, 2027''.
SEC. 1242. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended to read as follows:
``(c) Funding.--Of the amounts authorized to be appropriated by the
National Defense Authorization Act for Fiscal Year 2022 for the
Department of Defense for fiscal year 2022, there is authorized to be
appropriated for the Pacific Deterrence Initiative such sums as may be
necessary, as indicated in sections 4101, 4201, 4301, and 4601 of such
Act.''.
(b) Report on Resourcing United States Defense Requirements for the
Indo-pacific Region and Study on Competitive Strategies.--Such section
is further amended--
(1) by redesignating subsections (d) through (g) as subsections
(e) through (h), respectively;
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Report on Resourcing United States Defense Requirements for
the Indo-pacific Region and Study on Competitive Strategies.--
``(1) Report required.--
``(A) In general.--At the same time as the submission of
the budget of the President (submitted to Congress pursuant to
section 1105 of title 31, United States Code) for each of
fiscal years 2023 and 2024, the Commander of the United States
Indo-Pacific Command shall submit to the congressional defense
committees a report containing the independent assessment of
the Commander with respect to the activities and resources
required, for the first fiscal year beginning after the date of
submission of the report and the four following fiscal years,
to achieve the following objectives:
``(i) The implementation of the National Defense
Strategy with respect to the Indo-Pacific region.
``(ii) The maintenance or restoration of the
comparative military advantage of the United States with
respect to the People's Republic of China.
``(iii) The reduction of the risk of executing
contingency plans of the Department of Defense.
``(B) Matters to be included.--The report required under
subparagraph (A) shall include the following:
``(i) With respect to the achievement of the objectives
described in subparagraph (A), a description of the
intended force structure and posture of assigned and
allocated forces in each of the following:
``(I) West of the International Date Line.
``(II) In States outside the contiguous United
States east of the International Date Line.
``(III) In the contiguous United States.
``(ii) An assessment of capabilities requirements to
achieve such objectives.
``(iii) An assessment of logistics requirements,
including personnel, equipment, supplies, storage, and
maintenance needs to achieve such objectives.
``(iv) An identification of required infrastructure and
military construction investments to achieve such
objectives.
``(v) An assessment of security cooperation activities
or resources required to achieve such objectives.
``(vi)(I) A plan to fully resource United States force
posture and capabilities, including--
``(aa) a detailed assessment of the resources
necessary to address the elements described in
clauses (i) through (v), including specific cost
estimates for recommended investments or projects--
``(AA) to modernize and strengthen the
presence of the United States Armed Forces,
including those with advanced capabilities;
``(BB) to improve logistics and maintenance
capabilities and the pre-positioning of
equipment, munitions, fuel, and materiel;
``(CC) to carry out a program of exercises,
training, experimentation, and innovation for
the joint force;
``(DD) to improve infrastructure to enhance
the responsiveness and resiliency of the United
States Armed Forces;
``(EE) to build the defense and security
capabilities, capacity, and cooperation of
allies and partners; and
``(FF) to improve capabilities available to
the United States Indo-Pacific Command;
``(bb) a detailed timeline to achieve the
intended force structure and posture described in
clause (i).
``(II) The specific cost estimates required by
subclause (I)(aa) shall, to the maximum extent
practicable, include the following:
``(aa) With respect to procurement accounts--
``(AA) amounts displayed by account, budget
activity, line number, line item, and line item
title; and
``(BB) a description of the requirements
for each such amount.
``(bb) With respect to research, development,
test, and evaluation accounts--
``(AA) amounts displayed by account, budget
activity, line number, program element, and
program element title; and
``(BB) a description of the requirements
for each such amount.
``(cc) With respect to operation and
maintenance accounts--
``(AA) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
``(BB) a description of the specific manner
in which each such amount would be used.
``(dd) With respect to military personnel
accounts--
``(AA) amounts displayed by account, budget
activity, budget subactivity, and budget
subactivity title; and
``(BB) a description of the requirements
for each such amount.
``(ee) With respect to each project under
military construction accounts (including
unspecified minor military construction and amounts
for planning and design), the country, location,
project title, and project amount for each fiscal
year.
``(ff) With respect to any expenditure or
proposed appropriation not described in items (aa)
through (ee), a level of detail equivalent to or
greater than the level of detail provided in the
future-years defense program submitted pursuant to
section 221(a) of title 10, United States Code.
``(C) Form.--The report required under subparagraph (A) may
be submitted in classified form, but shall include an
unclassified summary.
``(D) Availability.--Not later than February 1 each year,
the Commander of the United States Indo-Pacific Command shall
make the report available to the Secretary of Defense, the
Under Secretary of Defense for Policy, the Under Secretary of
Defense (Comptroller), the Director of Cost Assessment and
Program Evaluation, the Chairman of the Joint Chiefs of Staff,
the Secretaries of the military departments, and the chiefs of
staff of each military service.
``(2) Briefings required.--
``(A) Initial briefing.--Not later than 15 days after the
submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for each of fiscal years 2023 and 2024, the Secretary of
Defense (acting through the Under Secretary of Defense for
Policy, the Under Secretary of Defense (Comptroller), and the
Director of Cost Assessment and Program Evaluation) and the
Chairman of the Joint Chiefs of Staff shall provide to the
congressional defense committees a joint briefing, and any
written comments the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff consider necessary, with respect to
their assessments of the report submitted under paragraph (1),
including their assessments of the feasibility and advisability
of the plan required by subparagraph (B)(vi) of that paragraph.
``(B) Subsequent briefing.--Not later than 30 days after
the submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for each of fiscal years 2023 and 2024, the Secretary of
the Air Force, the Secretary of the Army, and the Secretary of
the Navy shall provide to the congressional defense committees
a joint briefing, and documents as appropriate, with respect to
their assessments of the report submitted under paragraph (1),
including their assessments of the feasibility and advisability
of the plan required by subparagraph (B)(vi) of that
paragraph.'';
(3) by amending subsection (e), as redesignated, to read as
follows:
``(e) Plan Required.--At the same time as the submission of the
budget of the President (submitted to Congress pursuant to section 1105
of title 31, United States Code) for each of fiscal years 2023 and
2024, the Secretary, in consultation with the Commander of the United
States Indo-Pacific Command, shall submit to the congressional defense
committees a report on future year activities and resources for the
Initiative that includes the following:
``(1) A description of the activities and resources for the
first fiscal year beginning after the date of submission of the
report and the plan for not fewer than the four following fiscal
years, organized--
``(A) functionally, by the activities described in
paragraphs (1) through (5) of subsection (b); and
``(B) geographically by--
``(i) areas west of the International Date Line;
``(ii) States outside the contiguous United States east
of the International Date Line; and
``(iii) States in the contiguous United States.
``(2) A summary of progress made toward achieving the purposes
of the Initiative.
``(3) A summary of the activity, resource, capability,
infrastructure, and logistics requirements necessary to achieve
measurable progress in reducing risk to the joint force's ability
to achieve objectives in the region.
``(4) A detailed timeline to achieve the requirements
identified under paragraph (3).
``(5) A detailed explanation of any significant modifications
to such requirements, as compared to plans previously submitted
under this subsection.
``(6) Any other matter, as determined by the Secretary.''; and
(4) in subsection (g), as redesignated, by striking
``subsection (e)'' and inserting ``subsection (f)''.
SEC. 1243. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
Section 1202 of the National Defense Authorization Act for Fiscal
Year 2000 (10 U.S.C. 113 note) is amended to read as follows:
``SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
``(a) Annual Report.--Not later than January 31 of each year
through January 31, 2027, the Secretary of Defense, in consultation
with the heads of other Federal departments and agencies as
appropriate, shall submit to the specified congressional committees a
report on military and security developments involving the People's
Republic of China.
``(b) Matters to Be Included.--Each report under this section shall
include analyses and forecasts, through the next 20 years, of the
following:
``(1) The goals, factors, and trends shaping Chinese security
strategy and military strategy.
``(2) The role of the People's Liberation Army in the strategy,
governance systems, and foreign and economic policies of the
People's Republic of China, including the following:
``(A) Developments in the defense policy and military
strategy of the People's Republic of China, and the role and
mission of the People's Liberation Army.
``(B) The role of the People's Liberation Army in the
Chinese Communist Party, including the structure and leadership
of the Central Military Commission.
``(C) The internal security role and affiliation of the
People's Liberation Army with the People's Armed Police and
other law enforcement, intelligence, and paramilitary entities
of the People's Republic of China, including any activities
supporting or implementing mass surveillance, mass detentions,
forced labor, or gross violations of human rights.
``(3) The role of the People's Liberation Army in, and its
support of, the overall foreign policy of the People's Republic of
China, as expressed through military diplomacy and other external
actions, activities, and operations, including the following:
``(A) Chinese military-to-military relationships with other
countries, including--
``(i) Chinese military attache presence, activities,
exercises, and agreements with the militaries of other
countries; and
``(ii) military education programs conducted--
``(I) in the People's Republic of China for
militaries of other countries; or
``(II) in other countries for personnel of the
People's Liberation Army.
``(B) Any significant sale or transfer of military
hardware, expertise, and technology to or from the People's
Republic of China, including--
``(i) a forecast of possible future sales and
transfers;
``(ii) the implications of such sales and transfers for
the security of the United States and its partners and
allies; and
``(iii) any significant assistance to and from any
selling state with military-related research and
development programs in the People's Republic of China.
``(C) Relations between the People's Republic of China and
the Russian Federation, and between the People's Republic of
China and Iran, with respect to security and military matters.
``(4) Developments in the military doctrine, operational
concepts, joint command and organizational structures, and
significant military operations and deployments of the People's
Liberation Army.
``(5) Developments and future course of the services, theater-
level commands, and paramilitary organizations of the People's
Liberation Army, including--
``(A) the specific roles and missions, organization,
capabilities, force structure, readiness, and modernization
efforts of such services, theater-level commands, and
paramilitary organizations;
``(B) A summary of the order of battle of the People's
Liberation Army, including ballistic and cruise missile
inventories; and
``(C) developments relating to the Chinese Coast Guard,
including its interactions with the Armed Forces of the United
States, and the implications for its use as a coercive tool in
maritime disputes.
``(7) Developments in the People's Liberation Army as a global
actor, such as overseas military basing, military logistics
capabilities, and infrastructure to project power, and the overseas
command and control structure of the People's Liberation Army,
including--
``(A) Chinese overseas investments or projects likely, or
with significant potential, to be converted into military or
intelligence assets of the People's Republic of China; and
``(B) efforts by the People's Republic of China to use the
People's Liberation Army to expand its presence and influence
overseas and the implications of such efforts on United States'
national defense and security interests in--
``(i) Latin America and the Caribbean;
``(ii) Africa; and
``(iii) the Indo-Pacific region, including the Pacific
Islands.
``(8) The strategy, policy, development, and modernization of
key military capabilities of the People's Republic of China across
the People's Liberation Army, including the following:
``(A) The cyberwarfare and electronic warfare capabilities
(including details on the number of malicious cyber incidents
originating from the People's Republic of China against
Department of Defense infrastructure) and associated activities
originating or suspected to have originated from the People's
Republic of China.
``(B) The space and counter-space programs and
capabilities.
``(C) The nuclear program and capabilities, including--
``(i) its nuclear strategy and associated doctrines;
``(ii) the size and state of its stockpile and
projections of its future arsenals;
``(iii) its civil and military production capacities;
and
``(iv) the modernization and force structure of its
strategic forces.
``(D) The anti-access and area denial capabilities .
``(E) The command, control, communications, computers,
intelligence, surveillance, and reconnaissance modernization
program and capabilities and the applications for such program
and capabilities for precision-guided weapons.
``(9) Trends and developments in the budget, resources,
strategies, and policies of the People's Liberation Army with
respect to science and technology, defense industry reform, and the
use of espionage and technology transfers by the People's Republic
of China, including--
``(A) the relationship between Chinese overseas investment
(including the Belt and Road Initiative, the Digital Silk Road,
and any state- owned or state-controlled digital or physical
infrastructure projects of the People's Republic of China) and
Chinese security and military strategy objectives, including--
``(i) any Chinese investment or project, located in any
other country, that is linked to military or intelligence
cooperation with such country, such as cooperation on
satellite navigation or arms production; and
``(ii) the implications for United States military or
governmental interests related to denial of access,
compromised intelligence activities, and network advantages
of Chinese investments or projects in other countries,
including in port or port-related infrastructure; and
``(B) efforts (including by espionage and technology
transfers through investment, industrial espionage, cyber
theft, academia, forced technological transfers, and other
means) to develop, acquire, or gain access to information,
communication, space, and other advanced technologies that
would enhance defense capabilities or otherwise undermine the
capability of the Department of Defense to conduct information
assurance, including an assessment of the damage inflicted on
the Department of Defense by such efforts.
``(10) The strategy of the People's Republic of China regarding
Taiwan and the security situation in the Taiwan Strait, including--
``(A) the posture of the forces of the People's Liberation
Army facing Taiwan; and
``(B) any challenges during the preceding year to the
deterrent forces of the Republic of China on Taiwan, consistent
with the commitments made by the United States in the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.).
``(11) The maritime strategy and military and nonmilitary
activities in the South China Sea and East China Sea of the
People's Republic of China, including--
``(A) the role and activities of the People's Liberation
Army and maritime law enforcement, the People's Armed Forces
Maritime Militia or other subset national militias, and
paramilitary entities of the People's Republic of China; and
``(B) any such activities in the South China Sea or East
China Sea affecting United States military activities or the
military activities of a United States ally or partner.
``(12) The current state of United States military-to-military
contacts with the People's Liberation Army, including the
following:
``(A) A comprehensive and coordinated strategy for such
military-to-military contacts and any necessary update to the
strategy.
``(B) A summary of all such military-to-military contacts
during the preceding fiscal year including a summary of topics
discussed.
``(C) A description of such military-to-military contacts
scheduled for the 1-year period following the period covered by
the report and the plan for future contacts.
``(D) The Secretary's assessment of the benefits the
Chinese expect to gain from such military-to-military contacts.
``(E) The Secretary's assessment of the benefits the
Department of Defense expects to gain from such military-to-
military contacts, and any concerns regarding such contacts.
``(F) The Secretary's assessment of how such military-to-
military contacts fit into the larger security relationship
between the United States and the People's Republic of China.
``(G) The Secretary's certification whether or not any
military-to-military exchange or contact was conducted during
the period covered by the report in violation of section
1201(a).
``(13) Any influence operations or campaigns by the People's
Republic of China targeting military alliances and partnerships of
which the United States is a member, including--
``(A) United States military alliances and partnerships
targeted or that may be targeted;
``(B) the objectives of such operations;
``(C) the tactics, techniques, and procedures used; and
``(D) the impact of such operations on military alliances
and partnerships of which the United States is a member.
``(14) Any other significant military or security development
involving the People's Republic of China the Secretary considers
relevant to United States national security.
``(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
``(d) Specified Congressional Committees Defined.--In this section,
the term `specified congressional committees' means--
``(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate;
and
``(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 1244. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
Section 1253(b) of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended by striking ``fiscal
year 2021'' and inserting ``fiscal year 2022''.
SEC. 1245. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR VIETNAMESE
PERSONNEL MISSING IN ACTION.
(a) In General.--The Secretary of Defense, in coordination with the
heads of other relevant Federal departments and agencies, may carry out
a cooperative program with the Ministry of Defense of Vietnam and other
entities of the Government of Vietnam to assist in accounting for
Vietnamese personnel missing in action.
(b) Purpose.--The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival
information.
(2) Building the capacity of Vietnam to conduct archival
research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary of Defense considers
necessary and appropriate.
(c) Termination.--The authority provided by subsection (a) shall
terminate on October 1, 2026.
SEC. 1246. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.) and the Six Assurances provided by the United States to
Taiwan in July 1982 are the foundation for United States-Taiwan
relations;
(2) as set forth in the Taiwan Relations Act, the United States
decision to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the future of
Taiwan will be determined by peaceful means, and that any effort to
determine the future of Taiwan by other than peaceful means,
including boycotts and embargoes, is of grave concern to the United
States;
(3) the increasingly coercive and aggressive behavior of the
People's Republic of China towards Taiwan is contrary to the
expectation of a peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity of
the United States to resist any resort to force or other forms of
coercion that would jeopardize the security, or the social or
economic system, of the people on Taiwan and the policy of the
United States to make available to Taiwan such defense articles and
defense services in such quantities as may be necessary to enable
Taiwan to maintain a sufficient self-defense capability should be
maintained; and
(5) the United States should continue to support the
development of capable, ready, and modern defense forces necessary
for Taiwan to maintain a sufficient self-defense capability,
including by--
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct commercial
sales, and industrial cooperation, with an emphasis on
capabilities that support the asymmetric defense strategy of
Taiwan;
(B) ensuring timely review of and response to requests by
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan, including, as appropriate, inviting Taiwan to
participate in the Rim of the Pacific exercise conducted in
2022, that enable Taiwan to maintain a sufficient self-defense
capability, as described in the Taiwan Relations Act;
(D) deepening interoperability with Taiwan in defensive
capabilities, including maritime and air domain awareness and
integrated air and missile defense systems;
(E) encouraging exchanges between defense officials and
officers of the United States and Taiwan at the strategic,
policy, and functional levels, consistent with the Taiwan
Travel Act (Public Law 115-135; 132 Stat. 341), especially for
the purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military
forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(F) identifying improvements in Taiwan's ability to use
asymmetric military capabilities to enhance its defensive
capabilities, as described in the Taiwan Relations Act; and
(G) expanding cooperation in humanitarian assistance and
disaster relief.
SEC. 1247. STATEMENT OF POLICY ON TAIWAN.
(a) Statement of Policy.--Consistent with the Taiwan Relations Act
(22 U.S.C. 3301 et. seq.), it shall be the policy of the United States
to maintain the capacity of the United States to resist a fait accompli
that would jeopardize the security of the people on Taiwan.
(b) Definition.--In this section, the term ``fait accompli'' refers
to the resort to force by the People's Republic of China to invade and
seize control of Taiwan before the United States can respond
effectively.
SEC. 1248. ANNUAL REPORT ON TAIWAN ASYMMETRIC CAPABILITIES AND
INTELLIGENCE SUPPORT.
(a) In General.--The Secretary of Defense, in coordination with the
heads of other relevant Federal departments and agencies, shall each
year through fiscal year 2027, consistent with the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3302(c)), perform an annual assessment of
matters related to Taiwan, including intelligence matters, Taiwan's
asymmetric defensive capabilities, and how defensive shortcomings or
vulnerabilities of Taiwan could be mitigated through cooperation,
modernization, or integration. At a minimum, the assessment shall
include the following:
(1) An intelligence assessment regarding--
(A) conventional military threats to Taiwan from China,
including exercises intended to intimidate or coerce Taiwan;
and
(B) irregular warfare activities, including influence
operations, conducted by China to interfere in or undermine the
peace and stability of the Taiwan Strait.
(2) The current defensive asymmetric capabilities of Taiwan and
the ability of Taiwan to defend itself from external conventional
and irregular military threats.
(3) The interoperability of current and future defensive
asymmetric capabilities of Taiwan with the military capabilities of
the United States and its allies and partners.
(4) The plans, tactics, techniques, and procedures underpinning
the defensive asymmetric capabilities of Taiwan.
(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be required
to meet any shortcomings in the development of Taiwan's defensive
capabilities identified pursuant to this section.
(6) The applicability of Department of Defense authorities for
improving the defensive asymmetric capabilities of Taiwan in
accordance with the Taiwan Relations Act.
(7) The feasibility and advisability of assisting Taiwan in the
domestic production of defensive asymmetric capabilities, including
through the transfer of intellectual property, co-development, or
co-production arrangements.
(8) An assessment of ways in which the United States could
enhance cooperation with on intelligence matters with Taiwan.
(9) A description of any non-Department of Defense efforts by
the United States Government to build the capacity of Taiwan to
disrupt external efforts that degrade its free and democratic
society.
(10) A description of any significant efforts by the Defense
Intelligence Enterprise and other elements of the intelligence
community to coordinate technical and material support for Taiwan
to identify, disrupt, and combat influence operations referred to
in this subsection.
(11) Any other matter the Secretary of Defense considers
appropriate.
(b) Plan.--The Secretary of Defense, in coordination with the heads
of other relevant Federal departments and agencies, shall develop a
plan for assisting Taiwan in improving its defensive asymmetric
capabilities and addressing vulnerabilities identified pursuant to
subsection (a) that includes--
(1) recommendations for new Department of Defense authorities,
or modifications to existing Department authorities, necessary to
improve the defensive asymmetric capabilities of Taiwan in
accordance with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.);
(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel and
military and civilian counterparts in Taiwan; and
(3) an identification of challenges and opportunities for
leveraging non-Department authorities, resources, and capabilities
to improve the defensive asymmetric capabilities of Taiwan in
accordance with the Taiwan Relations Act.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually through fiscal year 2027, the
Secretary of Defense shall submit to the appropriate committees of
Congress--
(1) a report on the results of the assessment required by
subsection (a); and
(2) the plan required by subsection (b).
(d) Form.--The report required by subsection (c) shall be submitted
in unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``defensive asymmetric capabilities'' means the
capabilities necessary to defend Taiwan against conventional
external threats, including coastal defense missiles, naval mines,
anti-aircraft capabilities, cyber defenses, and special operations
forces.
SEC. 1249. FEASIBILITY BRIEFING ON COOPERATION BETWEEN THE NATIONAL
GUARD AND TAIWAN.
(a) In General.--Not later than February 15, 2022, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on the feasibility and advisability of enhanced cooperation
between the National Guard and Taiwan.
(b) Elements.--The briefing required by subsection (a) shall
include the following:
(1) A description of the cooperation between the National Guard
and Taiwan during the preceding calendar year, including mutual
visits, exercises, training, and equipment opportunities.
(2) An evaluation of the feasibility of enhancing cooperation
between the National Guard and Taiwan on a range of activities,
including--
(A) disaster and emergency response;
(B) cyber defense and communications security;
(C) military medical cooperation;
(D) Mandarin-language education and cultural exchange; and
(E) programs for National Guard advisors to assist in
training the reserve components of the military forces of
Taiwan.
(3) Recommendations to enhance such cooperation and improve
interoperability, including through familiarization visits,
cooperative training and exercises, and co-deployments.
(4) Any other matter the Secretary of Defense considers
appropriate.
SEC. 1250. FEASIBILITY REPORT ON ESTABLISHING MILITARY-TO-MILITARY
CRISIS COMMUNICATIONS CAPABILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the heads of other relevant Federal departments and agencies, shall
submit to the appropriate committees of Congress a report on the
feasibility and advisability of establishing military-to-military
communications with a covered strategic competitor.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An articulation of--
(A) the importance of military-to-military communications
with a covered strategic competitor; and
(B) the utility of such communications to enable clear
transmission of messages from the government of the United
States, avoid misunderstandings, and reduce the possibility of
miscalculation.
(2) A description of the current process and capabilities
relating to communications with a covered strategic competitor,
including the means, levels of seniority, and timelines for such
communications.
(3) An identification of opportunities for improving military-
to-military crisis communications with a covered strategic
competitor, including the preferred means, levels of seniority, and
timelines for such communications.
(4) An identification of challenges to establishing more
military-to-military communications with a covered strategic
competitor.
(5) Any other matter the Secretary of Defense considers
appropriate.
(c) Definitions.--In this section:
(1) The term ``covered strategic competitor'' means a near-peer
country identified by the Secretary of Defense and National Defense
Strategy.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1251. COMPARATIVE ANALYSES AND REPORTS ON EFFORTS BY THE UNITED
STATES AND THE PEOPLE'S REPUBLIC OF CHINA TO ADVANCE CRITICAL
MODERNIZATION TECHNOLOGY WITH RESPECT TO MILITARY APPLICATIONS.
(a) Comparative Analyses.--
(1) Development of procedures.--
(A) In general.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in coordination with the Director of
the Office of Net Assessment, shall develop procedures by which
comparative analyses, including the assessments under paragraph
(2), shall be conducted.
(B) Elements.--The procedures developed under subparagraph
(A)--
(i) shall include processes--
(I) by which senior officials of the Department of
Defense may request that such comparative analyses be
conducted with respect to a specific technology,
sector, or system of interest;
(II) by which teams of technical, industrial,
policy, intelligence, and operational experts
consisting of personnel of the Department and private
sector organizations may be established for the purpose
of conducting such comparative analyses;
(III) to ensure adequate funding to support the
conduct of such comparative analyses; and
(IV) by which classified and unclassified
information, including necessary data, records, and
technical information, may be shared with Department
personnel for the purpose of carrying out such
comparative analyses; and
(ii) may include the development of quantitative and
qualitative metrics for use in, and new intelligence
collection requirements to support, such comparative
analyses.
(2) Comparative analysis assessments.--
(A) In general.--The Under Secretary, in coordination with
the Director of the Office of Net Assessment, shall conduct a
comparative analysis assessment of the efforts of the United
States Government and the Government of the People's Republic
of China to develop and deploy critical modernization
technology with respect to military applications in each of the
following areas of critical modernization technology:
(i) Directed energy systems.
(ii) Hypersonics.
(iii) Emerging biotechnologies.
(iv) Quantum science.
(v) Cyberspace capabilities.
(B) Elements.--Each comparative analysis assessment under
subparagraph (A) shall include an evaluation of each of the
following:
(i) With respect to the applicable area of critical
modernization technology described in subparagraph (A),
research and development activities carried out in the
United States and the People's Republic of China by
governmental entities and nongovernmental entities.
(ii) The ability of research programs carried out by
the United States Government and the Government of the
People's Republic of China to achieve the goals of--
(I) transitioning emerging technologies into
acquisition efforts and operational use; and
(II) incorporating emerging technologies into
military applications.
(iii) Operational effectiveness and suitability of
current or planned defense systems of the United States and
the People's Republic of China, including relevant
operational concepts relating to the application and
operationalization of critical modernization technologies.
(iv) The ability of defense systems of the United
States and the People's Republic of China to counter
relevant threat capabilities.
(b) Reports.--
(1) Initial report.--Not later than March 15, 2022, the Under
Secretary shall submit a report and provide a briefing to the
congressional defense committees on efforts to develop the
procedures required by subsection (a)(1).
(2) Subsequent reports.--
(A) Directed energy systems and hypersonics.--Not later
than December 31, 2023, the Under Secretary shall submit to the
congressional defense committees a report on the results of the
comparative analysis assessments conducted under clauses (i)
and (ii) of subsection (a)(2)(A).
(B) Emerging biotechnologies, quantum science, and
cyberspace capabilities.--Not later than December 31, 2024, the
Under Secretary shall submit to the congressional defense
committees a report on the results of the comparative analysis
assessments conducted under clauses (iii), (iv), and (v) of
subsection (a)(2)(A).
(C) Elements.--The reports required by subparagraphs (A)
and (B) shall include the following for each such comparative
analysis assessment:
(i) The results of the evaluation of each element
described in subsection (a)(2)(B).
(ii) An analysis of significant research and
development programs and activities outside the United
States or the People's Republic of China designed to
advance the applicable area of critical modernization
technology described in subsection (a)(2)(A), and a
discussion of such programs and activities.
(iii) With respect to each such area of critical
modernization technology, an identification of any area in
which the degree of uncertainty due to an insufficient
knowledge base is such that an analysis of whether the
United States or the People's Republic of China has an
advantage would be inconclusive.
(iv) A description of the limitations, constraints, and
challenges encountered in carrying out the comparative
analysis assessment.
(v) A description of any other research and development
efforts or elements the Under Secretary considers
appropriate for purposes of the comparative analysis
assessment.
(vi) Recommendations with respect to additional
activities by the Department necessary to address the
findings of the comparative analysis assessment.
(D) Form.--The reports required by subparagraphs (A) and
(B) shall be submitted in unclassified form but may contain a
classified annex.
(c) Agreement With a Federally Funded Research and Development
Corporation Authorized.--
(1) In general.--The Under Secretary may enter into an
agreement with a federally funded research and development
corporation under which such corporation may--
(A) carry out any part of a comparative analysis assessment
required by subsection (a); or
(B) prepare the reports required by subsection (b)(2).
(2) Notification.--If the Under Secretary enters into an
agreement under paragraph (1), the Under Secretary shall submit to
the congressional defense committees a report that--
(A) identifies the federally funded research and
development corporation concerned; and
(B) describes the scope of work under the agreement.
SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN
THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense should
recommit to and strengthen United States defense alliances and
partnerships in the Indo-Pacific region so as to further the
comparative advantage of the United States in strategic competition
with the People's Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United States
of America and Japan, including by developing advanced military
capabilities, fostering interoperability across all domains, and
improving sharing of information and intelligence;
(2) reinforcing the United States alliance with the Republic of
Korea and maintaining the presence of approximately 28,500 members
of the United States Armed Forces deployed to the country,
consistent with the Mutual Defense Treaty Between the United States
and the Republic of Korea, in support of the shared objective of a
peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Australia, New Zealand, United
States Security Treaty, to advance shared security objectives and
build the capabilities of emerging partners;
(4) advancing United States alliances with the Philippines and
Thailand and United States partnerships with other partners in the
Association of Southeast Asian Nations to enhance maritime domain
awareness, promote sovereignty and territorial integrity, and
collaborate on vetting Chinese investments in strategic technology
sectors and critical infrastructure;
(5) broadening the engagement of the United States with India,
including through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises, expanded
defense trade, and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime security and
the threat of global pandemics, including COVID-19;
(6) strengthening the United States partnership with Taiwan,
consistent with the Three Communiques, the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3301 et seq.), and the Six Assurances,
with the goal of improving Taiwan's asymmetric defensive
capabilities and promoting peaceful cross- strait relations;
(7) reinforcing the status of the Republic of Singapore as a
Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation between
the military forces of the Republic of Singapore and the Armed
Forces of the United States, including through participation in
combined exercises and training, including the use of the Foreign
Military Sales Training Center at Ebbing Air National Guard Base in
Fort Smith, Arkansas and a fighter training detachment in Guam;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau with
the goal of strengthening regional security and addressing issues
of mutual concern, including protecting fisheries from illegal,
unreported and unregulated fishing; and
(9) investing in enhanced military posture and capabilities in
the United States Indo-Pacific Command area of responsibility and
strengthening cooperation in bilateral relationships, multilateral
partnerships, and other international fora to uphold global
security and shared principles, with the goal of ensuring the
maintenance of a free and open Indo-Pacific region.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
Sec. 1301. Sense of Congress on North Atlantic Treaty Organization
allies and partners.
Sec. 1302. Report on Armenia-Azerbaijan conflict.
Sec. 1303. Report on the state of United States military investment in
Europe, including the European Deterrence Initiative.
Subtitle B--United States-Greece Defense and Interparliamentary
Partnership Act of 2021
Sec. 1311. Sense of Congress.
Sec. 1312. Funding for the European Recapitalization Incentive Program.
Sec. 1313. Sense of Congress on loan program.
Sec. 1314. Sense of Congress on transfer of F-35 Joint Strike Fighter
aircraft to Greece.
Sec. 1315. IMET cooperation with Greece.
Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1
Interparliamentary Group.
Sec. 1317. Appropriate congressional committees.
Subtitle C--Security Cooperation and Assistance
Sec. 1321. Clarification of requirements for contributions by
participants in the American, British, Canadian, and
Australian Armies' Program.
Sec. 1322. Foreign Area Officer assessment and review.
Sec. 1323. Study on certain security cooperation programs.
Sec. 1324. Notification relating to overseas humanitarian, disaster, and
civic aid funds obligated in support of operation allies
welcome.
Subtitle D--Other Matters
Sec. 1331. Extension and modification of authority for certain payments
to redress injury and loss.
Sec. 1332. Secretary of Defense Strategic Competition Initiative.
Sec. 1333. Extension and modification of Department of Defense support
for stabilization activities in national security interest of
the United States.
Sec. 1334. Pilot program to support the implementation of the Women,
Peace, and Security act of 2017.
Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty
sensors.
Sec. 1336. Security assistance in Northern Triangle countries.
Sec. 1337. Report on human rights in Colombia.
Sec. 1338. Report on efforts by the People's Republic of China to expand
its presence and influence in Latin America and the Caribbean.
Sec. 1339. Extension of prohibition on in-flight refueling to non-United
States aircraft that engage in hostilities in the ongoing
civil war in Yemen.
Sec. 1340. Statement of policy and report on Yemen.
Sec. 1341. Limitation on support to military forces of the Kingdom of
Morocco for multilateral exercises.
Subtitle A--Matters Relating to Europe and NATO
SEC. 1301. SENSE OF CONGRESS ON NORTH ATLANTIC TREATY ORGANIZATION
ALLIES AND PARTNERS.
It is the sense of Congress as follows:
(1) The North Atlantic Treaty Organization (NATO) remains the
strongest and most successful military alliance in the world,
founded on a commitment by its members to uphold the principles of
democracy, individual liberty, and the rule of law, and its
contributions to the collective defense are indispensable to the
security, prosperity, and freedom of its members.
(2) The success of NATO is critical to achieving United States
national security objectives in Europe and around the world,
including deterring Russian aggression, upholding territorial
integrity and sovereignty in Europe, addressing strategic
competition and mitigating shared security concerns, countering
malign efforts to undermine the rules-based international order and
disrupt shared values, and fostering international cooperation
against collective challenges.
(3) The United States reaffirms its ironclad commitment to NATO
as the foundation of transatlantic security and to uphold its
obligations under the North Atlantic Treaty, including Article 5 of
the Treaty, and remains steadfastly committed to upholding and
strengthening its defense alliances and partnerships in the
European theater.
(4) The commitment of NATO allies in response to the invocation
of Article 5 of the North Atlantic Treaty following attacks on the
United States homeland on September 11, 2001, and during years of
counterterrorism, humanitarian, and stabilization operations in
Afghanistan has been invaluable, and the sacrifices of NATO allies
deserve the highest order of respect and gratitude.
(5) The national security challenges posed by the Russian
Government against NATO allies and partners are of grave concern to
the United States and a top NATO defense priority. Since the
invasion of Ukraine in 2014, the Russian Government has not
improved its behavior and has, in many aspects, become increasingly
belligerent. Aggression against NATO allies and United States
partners is unacceptable, and Russia's willingness to engage in
far-reaching, risky actions contrary to the international order
poses major risks to United States national security interests that
must be met with sustained engagement, investment in credible
deterrence, and vigilance.
(6) The United States should continue to deepen cooperation on
defense issues with non-NATO European partners, bilaterally and as
part of the NATO alliance, encourage security sector cooperation
between NATO and non-NATO defense partners that complements and
strengthens shared security goals, interoperability, and allies'
commitment to Article 3 of the North Atlantic Treaty, build on
recent progress in NATO allies achieving defense spending goals
agreed to at the 2014 Wales Summit and reaffirmed at the 2016
Warsaw Summit and the 2021 Brussels Summit, and build consensus to
plan, organize, and invest in the full range of defense
capabilities necessary to deter and defend against potential
adversaries.
(7) The United States should continue to enhance United States
and allied force posture in Europe in order to establish and
sustain a credible deterrent against Russian aggression and long-
term strategic competition by the Russian Government, including
continued robust support for the European Deterrence Initiative and
other investments, ongoing use of rotational deployments and robust
exercises in the European theater, improved forward-stationing of
forces to enhance deterrence and reduce cost, additional planning
and efforts to mitigate contested logistics challenges,
implementation of key initiatives to enhance readiness, military
mobility, and national resilience, and effective investments in
multi-service, cyber, information, and air defense efforts to
counter modern military challenges.
(8) Following the end of the Resolute Support Mission in
Afghanistan, it is essential that the United States consider ways
to continue the benefits of combined interaction alongside NATO
allies and United States partners to continue strengthening
interoperability and cooperation.
(9) The Black Sea is a strategically significant region to
United States interests and to the security of United States allies
and partners, especially in light of Russia's actions in the region
and illegal occupation of territory. The United States should
continue security cooperation efforts, exercises, and training with
regional allies and partners, regional posture enhancements, and
support for those allies' and partners' pursuit of their own
defenses, as well as joint efforts that enhance interoperability
and information sharing.
(10) Enhancing security and stability in the Western Balkans is
a goal that the United States shares with European allies and
partners. The United States should continue its efforts to build
interoperability and support institutional reforms of the
militaries of the Western Balkan nations, including both NATO
allies and partners. The United States should also support those
nations' efforts to resist disinformation campaigns, predatory
investments, efforts to promote instability, and other means by
which Russia and China may seek to influence this region of Europe.
(11) Estonia, Latvia, and Lithuania are model allies and play a
critical role in strategic efforts to ensure continued deterrence
against aggression by Russia and maintain the collective security
of the NATO alliance. The security of the Baltic region is crucial
to the security of the NATO alliance.
(12) The United States should continue to pursue efforts
consistent with the comprehensive, multilateral Baltic Defense
Assessment of the military requirements of Estonia, Latvia, and
Lithuania issued in December 2020. Robust support to accomplish
United States strategic objectives, including by providing
assistance to the Baltic countries through security cooperation
referred to as the Baltic Security Initiative pursuant to sections
332 and 333 of title 10, United States Code, should be prioritized
in the years to come. Specifically, the continuation of--
(A) efforts to enhance interoperability among Estonia,
Latvia, and Lithuania and in support of NATO efforts;
(B) infrastructure and other host-country support
improvements that will enhance United States and allied
military mobility across the region;
(C) efforts to improve resilience to hybrid threats and
cyber defenses in Estonia, Latvia, and Lithuania; and
(D) support for planning and budgeting efforts of Estonia,
Latvia, and Lithuania that are regionally synchronized.
SEC. 1302. REPORT ON ARMENIA-AZERBAIJAN CONFLICT.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the heads of other Federal departments and agencies as appropriate,
shall submit to the relevant congressional committees a report on the
2020 conflict between Armenia and Azerbaijan.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the use of United States weapon systems or
controlled technology that were employed in the 2020 conflict,
including a list of the origins of such items, if known.
(2) A description of the involvement of foreign actors in the
conflict, including a description of the military activities,
influence operations, foreign military sales, and diplomatic
engagement by foreign countries before, during, and after the
conflict, and efforts by parties to the conflict or foreign actors
to recruit or employ foreign fighters or private military
organizations during the conflict. Such description may include a
classified annex, if necessary.
(3) Any violations of the November 9, 2020, agreement,
including the continued detention of prisoners of war or captured
civilians.
(4) Any other matter the Secretary considers appropriate.
(c) Relevant Congressional Committees.--In this section, the term
``relevant congressional committees'' means the Committee on Foreign
Affairs and Committee on Armed Services of the House of Representatives
and the Committee on Foreign Relations and Committee on Armed Services
of the Senate.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the parties to the conflict must adhere to their
obligations under the November 9, 2020, agreement and international
law, including to immediately release all prisoners of war and
captured civilians;
(2) the parties to the conflict must refrain from the use of
force and threats to use force in pursuit of diplomatic resolutions
to any outstanding disputes; and
(3) the United States should engage with parties to the
conflict, including redoubling engagement with the Minsk Group, to
make clear the importance of adhering to these obligations and
advance diplomatic progress.
SEC. 1303. REPORT ON THE STATE OF UNITED STATES MILITARY INVESTMENT IN
EUROPE, INCLUDING THE EUROPEAN DETERRENCE INITIATIVE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report assessing the current state of United States
defense investment in Europe, with particular focus on United States
military infrastructure requirements, including the European Deterrence
Initiative. Such report shall include the following elements:
(1) An assessment of the progress made by the Department of
Defense toward achieving the stated objectives of the European
Deterrence Initiative (EDI) over its lifetime, and the extent to
which EDI funding has aligned with such objectives.
(2) An assessment of the current state of the United States
defense posture in Europe.
(3) An assessment of further investments required to improve
United States military mobility in the United States European
Command area of responsibility, including efforts to--
(A) address contested logistics; and
(B) improve physical impediments and regulatory challenges
to movement by air, rail, road, or waterway across such area of
responsibility.
(4) An assessment of the current state of United States
prepositioned stocks in Europe, including a description of both
completed and underway projects, timelines for completion of
underway projects, and estimated sustainment costs upon completion
of such projects.
(5) An assessment of the current state of United States
munitions in Europe, including the adequacy to satisfy United
States needs in a European contingency, and a description of any
plans to adjust munitions stocks.
(6) An assessment of the current state of United States
antisubmarine warfare assets, organization, and resources in the
United States European Command and Second Fleet areas of
responsibility, including--
(A) the sufficiency of such assets, organization, and
resources to counter Russian submarine threats; and
(B) the sufficiency of United States sonobuoy stocks,
antisubmarine warfare platforms, and undersea sensing
equipment.
(7) An assessment of the current state of the United States
naval presence in the United States European Command area of
responsibility and the ability of such presence to respond to
future challenges in the Black Sea, Mediterranean Sea, and Arctic
region, including a description of any future plans regarding
increased naval force structure forward stationed in Europe and
associated timelines.
(8) An assessment of the current state of United States Air
Force operational planning and resourcing in the European theater,
including the current state of prepositioned Air Force equipment,
activities, and relevant infrastructure.
(9) An assessment of the current state of United States defense
information operations capabilities dedicated to the United States
European Command area of responsibility, and any defense resources
required or policies needed to strengthen such capabilities.
(10) An assessment of all purchases, investments, and
expenditures made by any Armed Force under the jurisdiction of the
Secretary of a military department and identified as part of the
EDI, since its inception, that have been diverted for purposes or
uses other than the objectives of the EDI, including a list of all
purchases, investments, and expenditures that were requested to
support the EDI since its inception that were not ultimately
employed for the objectives of the EDI and the respective dollar
values of such purchaes, investments, and expenditures.
(11) An assessment of the current state of EDI military
construction efforts in Europe.
(12) An assessment of United States European Command's planned
exercise schedule in coming years, the estimated resourcing
requirements to fulfill such schedule, and what percentage of such
resourcing is expected to come from EDI.
(13) Any other information the Secretary determines relevant.
Subtitle B--United States-Greece Defense and Interparliamentary
Partnership Act of 2021
SEC. 1311. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Greece is a pillar of stability in the Eastern
Mediterranean region and the United States should remain committed
to supporting its security and prosperity;
(2) the 3+1 format of cooperation among Cyprus, Greece, Israel,
and the United States has been a successful forum to cooperate on
energy issues and should be expanded to include other areas of
common concern to the members;
(3) the United States should increase and deepen efforts to
partner with and support the modernization of the Greek military;
(4) it is in the interests of the United States that Greece
continue to transition its military equipment away from Russian-
produced platforms and weapons systems through the European
Recapitalization Incentive Program;
(5) the naval partnerships with Greece at Souda Bay and
Alexandroupolis are mutually beneficial to the national security of
the United States and Greece;
(6) the United States should, as appropriate, support the sale
of F-35 Joint Strike Fighters to Greece;
(7) the United States Government should continue to invest in
International Military Education and Training programs in Greece;
(8) the United States Government should support joint maritime
security cooperation exercises with Cyprus, Greece, and Israel;
(9) in accordance with its legal authorities and project
selection criteria, the United States Development Finance
Corporation should consider supporting private investment in
strategic infrastructure projects in Greece, to include shipyards
and ports that contribute to the security of the region and
Greece's prosperity;
(10) the extension of the Mutual Defense Cooperation Agreement
with Greece for a period of five years includes deepened
partnerships at Greek military facilities throughout the country
and is a welcome development; and
(11) the United States Government should establish the United
States-Eastern Mediterranean Energy Center, as authorized by
section 204 of the Eastern Mediterranean Energy and Security
Partnership Act of 2019 (22 U.S.C. 2373 note).
SEC. 1312. FUNDING FOR THE EUROPEAN RECAPITALIZATION INCENTIVE PROGRAM.
(a) In General.--To the maximum extent feasible, amounts
appropriated or otherwise made available for the European
Recapitalization Incentive Program should be considered for Greece as
appropriate to assist the country in meeting its defense needs and
transitioning away from Russian-produced military equipment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that provides a full
accounting of all funds distributed under the European Recapitalization
Incentive Program, including--
(1) identification of each recipient country;
(2) a description of how the funds were used; and
(3) an accounting of remaining equipment in recipient countries
that was provided by the then-Soviet Union or Russian Federation.
SEC. 1313. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that, as appropriate, the United States
Government should provide direct loans to Greece for the procurement of
defense articles, defense services, and design and construction
services pursuant to the authority of section 23 of the Arms Export
Control Act (22 U.S.C. 2763) to support the further development of
Greece's military forces.
SEC. 1314. SENSE OF CONGRESS ON TRANSFER OF F-35 JOINT STRIKE FIGHTER
AIRCRAFT TO GREECE.
It is the sense of Congress that the President has the authority to
expedite delivery of any future F-35 aircraft to Greece once Greece is
prepared to move forward with such a purchase on such terms and
conditions as the President may require, pursuant to the certification
requirements under section 36 of the Arms Export Control Act (22 U.S.C.
2776).
SEC. 1315. IMET COOPERATION WITH GREECE.
For each of fiscal years 2022 through 2026, there is authorized to
be appropriated $1,800,000 for International Military Education and
Training assistance for Greece, which may be made available for the
following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Greece's military to build partnerships for the future.
(4) Enhancement of interoperability and capabilities for joint
operations.
(5) Focusing on professional military education, civilian
control of the military, and protection of human rights.
SEC. 1316. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1
INTERPARLIAMENTARY GROUP.
(a) Establishment.--There is established a group, to be known as
the ``Cyprus, Greece, Israel, and the United States 3+1
Interparliamentary Group'', to serve as a legislative component to the
3+1 process launched in Jerusalem in March 2019.
(b) Membership.--The Cyprus, Greece, Israel, and the United States
3+1 Interparliamentary Group shall include a group of not more than 6
United States Senators, to be known as the ``United States group'', who
shall be appointed in equal numbers by the majority leader and the
minority leader of the Senate. The majority leader and the minority
leader of the Senate shall also serve as ex officio members of the
United States group.
(c) Meetings.--Not less frequently than once each year, the United
States group shall meet with members of the 3+1 group to discuss issues
on the agenda of the 3+1 deliberations of the Governments of Greece,
Israel, Cyprus, and the United States to include maritime security,
defense cooperation, energy initiatives, and countering malign
influence efforts by the People's Republic of China and the Russian
Federation.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$100,000 for each fiscal year to assist in meeting the expenses of
the United States group.
(2) Availability of funds.--Amounts appropriated pursuant to
the authorization under this subsection are authorized to remain
available until expended.
(e) Termination.--The Cyprus, Greece, Israel, and the United States
3+1 Interparliamentary Group shall terminate 4 years after the date of
the enactment of this Act.
SEC. 1317. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
Subtitle C--Security Cooperation and Assistance
SEC. 1321. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS BY
PARTICIPANTS IN THE AMERICAN, BRITISH, CANADIAN, AND AUSTRALIAN ARMIES'
PROGRAM.
Section 1274 of the National Defense Authorization Act for Fiscal
Year 2013 (10 U.S.C. 2350a note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Contributions by Participants.--
``(1) In general.--An agreement under subsection (a) shall
provide that--
``(A) the United States, as the host country for the
Program, shall provide office facilities and related office
equipment and supplies for the Program; and
``(B) each participating country shall contribute its
equitable share of the remaining costs for the Program,
including--
``(i) the agreed upon share of administrative costs
related to the Program, except the costs for facilities and
equipment and supplies described in subparagraph (A); and
``(ii) any amount allocated against the country for
monetary claims as a result of participation in the
Program, in accordance with the agreement.
``(2) Equitable contributions.--The contributions, as allocated
under paragraph (1) and set forth in an agreement under subsection
(a), shall be considered equitable for purposes of this subsection
and section 27(c) of the Arms Export Control Act (22 U.S.C.
2767(c)).
``(3) Authorized contribution.--An agreement under subsection
(a) shall provide that each participating country may provide its
contribution in funds, in personal property, in services required
for the Program, or any combination thereof.
``(4) Funding for united states contribution.--Any monetary
contribution by the United States to the Program that is provided
in funds shall be made from funds available to the Department of
Defense for operation and maintenance.
``(5) Contributions and reimbursements from other participating
countries.--
``(A) In general.--The Secretary of Defense may accept from
any other participating country a contribution or reimbursement
of funds, personal property, or services made by the
participating country in furtherance of the Program.
``(B) Credit to appropriations.--Any contribution or
reimbursement of funds received by the United States from any
other participating country to meet that country's share of the
costs of the Program shall be credited to the appropriations
available to the appropriate military department, as determined
by the Secretary of Defense.
``(C) Treatment of personal property.--Any contribution or
reimbursement of personal property received under this
paragraph may be--
``(i) retained and used by the Program in the form in
which it was contributed;
``(ii) sold or otherwise disposed of in accordance with
such terms, conditions, and procedures as the members of
the Program consider appropriate, and any resulting
proceeds shall be credited to appropriations of the
appropriate military department, as described in
subparagraph (B); or
``(iii) converted into a form usable by the Program.
``(D) Use of credited funds.--
``(i) In general.--Amounts credited under subparagraph
(B) or (C)(ii) shall be--
``(I) merged with amounts in the appropriation
concerned;
``(II) subject to the same conditions and
limitations as amounts in such appropriation; and
``(III) available for payment of Program expenses
described in clause (ii).
``(ii) Program expenses described.--The Program
expenses described in this clause include--
``(I) payments to contractors and other suppliers,
including the Department of Defense and participating
countries acting as suppliers, for necessary goods and
services of the Program;
``(II) payments for any damages or costs resulting
from the performance or cancellation of any contract or
other obligation in support of the Program;
``(III) payments or reimbursements for other
Program expenses; or
``(IV) refunds to other participating countries.'';
and
(2) by striking subsection (g).
SEC. 1322. FOREIGN AREA OFFICER ASSESSMENT AND REVIEW.
(a) Findings.--Congress finds the following:
(1) Foreign Area Officers of the Army and their equivalent
positions in the other Armed Forces (in this section referred to as
``FAOs'') are trained to manage, grow, and enhance security
cooperation relationships between the United States and foreign
partners and to build the overall military capacity and
capabilities of foreign partners.
(2) At present, some senior defense official positions in
United States embassies are filled by officers lacking the
necessary skills, training, and experience to strengthen the
relationships between the United States and its critical partners
and allies.
(3) FAOs are trained to fill those positions, and deficiencies
in the equitable use, assessment, promotion, diversity and
inclusion of such officers, as well as limitations on career
opportunities, undermine the ability of the Department of Defense
to strengthen partnerships and alliances of the United States.
(4) A federally funded research and development center can
provide a roadmap to correcting these deficiencies, strengthening
the FAO branch, and placing qualified FAOs in positions of positive
influence over United States partnerships and alliances.
(b) Assessment and Review Required.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
agreement with a federally funded research and development center
to conduct an independent assessment and comprehensive review of
the process by which Foreign Area Officers and their equivalent
positions in the other Armed Forces (in this section referred to as
``FAOs'') are recruited, selected, trained, assigned, organized,
promoted, retained, and used in security cooperation offices,
senior defense roles in U.S. embassies, and in other critical roles
of engagement with allies and partners.
(2) Elements.--The assessment and review conducted under
paragraph (1) shall include the following:
(A) Identification and assessment of the number and
location of senior defense official billets, including their
grade structure and availability to FAOs.
(B) A review of the cultural, racial, and ethnic diversity
of FAOs.
(C) An assessment of the assignment process for FAOs.
(D) A review and assessment of the promotion criteria,
process, and possible pathways for career advancement for FAOs.
(E) A review of the organization and categorization of FAOs
by geographic region.
(F) An assessment of the training program for FAOs and its
effectiveness.
(G) An assessment of the available career paths for FAOs.
(H) An assessment of the criteria used to determine
staffing requirements for senior defense official positions and
security cooperation roles for uniformed officers.
(I) A review of the staffing of senior defense official and
security cooperation roles and assessment to determine whether
requirements are being met through the staffing process.
(J) An assessment of how the broader utilization of FAOs in
key security cooperation and embassy defense leadership billets
would improve the quality and professionalism of the security
cooperation workforce under section 384 of title 10, United
States Code.
(K) A review of how many FAO opportunities are joint-
qualifying and an assessment of whether increasing the number
of joint-qualified opportunities for FAOs would increase
recruitment, retention, and promotion.
(L) Any other matters the Secretary determines relevant.
(c) Results.--The federally funded research and development center
conducting the assessment and review described in subsection (b) shall
submit to the Secretary the results of such assessment and review,
which shall include the following:
(1) A summary of the research and activities undertaken to
carry out the assessment required by subsection (b).
(2) Considerations and recommendations, including legislative
recommendations, to achieve the following:
(A) Improving the assessment, promotion, assignment
selection, retention, and diversity of FAOs.
(B) Assigning additional FAOs to positions as senior
defense officials.
(d) Submission to Congress.--
(1) In general.--Not later than December 31, 2022, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives--
(A) an unaltered copy of the results submitted pursuant to
subsection (c); and
(B) the written responses of the Secretary and the Chairman
of the Joint Chiefs of Staff to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1323. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with a federally funded research and development center with
the appropriate expertise and analytical capability to carry out the
study described in subsection (b).
(b) Study.--The study described in this subsection shall--
(1) provide for a comprehensive assessment of strategic and
operational lessons collected from the war in Afghanistan that can
be applied to existing and future security cooperation programs;
(2) identify metrics used in the war in Afghanistan to measure
progress in partner capacity building and defense institution
building and whether such metrics are sufficient for measuring
progress in future security cooperation programs;
(3) assess challenges related to strategic planning for
capacity building, baseline assessments of partner capacity, and
issues related to project sustainment, and recommendations for how
to manage such challenges;
(4) assess Department of Defense coordination with coalition
partners engaged in partner capacity building and defense
institution building efforts, and recommendations for how to
improve such coordination;
(5) identify risks posed by rapid expansion or reductions in
security cooperation, and recommendations for how to manage such
risks;
(6) identify risks posed by corruption in security cooperation
programs and recommendations for how to manage such risks;
(7) assess best practices and training improvements for
managing cultural barriers in partner countries, and
recommendations for how to promote cultural competency;
(8) assess the effectiveness of the Department of Defense in
promoting the rights of women, including incorporating a gender
perspective in security cooperation programs, in accordance with
the Women, Peace and Security Strategic Framework and
Implementation Plan issued by the Department of Defense in June
2020 and the Women, Peace, and Security Act of 2017 (Public Law
115-68);
(9) identify best practices to promote partner country
ownership of long-term objectives of the United States including
with respect to human rights, democratic governance, and the rule
of law;
(10) assess challenges related to contractors of the Department
of Defense, including cost, limited functions, and oversight; and
(11) assess best practices for sharing lessons on security
cooperation with allies and partners.
(c) Report.--
(1) To secretary of defense.--Not later than two years after
the date on which a federally funded research and development
center enters into a contract described in subsection (a), such
center shall submit to the Secretary of Defense a report containing
the results of the study required under this section.
(2) To congress.-- Not later than 30 days after the receipt of
the report under paragraph (1), the Secretary of Defense shall
submit to Congress such report, which shall be made public,
together with any additional views or recommendations of the
Secretary, which may be transmitted in a classified annex.
SEC. 1324. NOTIFICATION RELATING TO OVERSEAS HUMANITARIAN, DISASTER,
AND CIVIC AID FUNDS OBLIGATED IN SUPPORT OF OPERATION ALLIES WELCOME.
Not later than 30 days after the date of the enactment of this Act
and every 120 days thereafter until all applicable funds have been
obligated in support of Operation Allies Welcome or any successor
operation, the Secretary of Defense shall submit to the congressional
defense committees a notification that includes--
(1) the costs associated with the provision of transportation,
housing, medical services, and other sustainment expenses for
Afghan special immigrant visa applicants and other Afghans at risk;
and
(2) whether such funds were obligated under a reimbursable or
nonreimbursable basis.
Subtitle D--Other Matters
SEC. 1331. EXTENSION AND MODIFICATION OF AUTHORITY FOR CERTAIN PAYMENTS
TO REDRESS INJURY AND LOSS.
(a) Extension.--Subsection (a) of section 1213 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2731 note) is amended by striking ``December 31, 2022'' and
inserting ``December 31, 2023''.
(b) Modification to Conditions on Payment.--Subsection (b) of such
section is amended--
(1) in paragraph (1) to read as follows:
``(1) the prospective foreign civilian recipient is not
otherwise ineligible for payment under any other provision of
law;'';
(2) in paragraph (2), by striking ``a claim'' and inserting ``a
request'';
(3) in paragraph (4), by striking ``the claimant'' and
inserting ``the prospective foreign civilian recipient''; and
(4) in paragraph (5), by striking ``the claimant'' and
inserting ``the prospective foreign civilian recipient''.
(c) Modifications to Quarterly Report Requirement.--Subsection (g)
of such section is amended--
(1) in paragraph (1)(B), by striking ``claims'' and inserting
``requests''; and
(2) by adding at the end the following:
``(3) The status of Department of Defense efforts to establish
the requests procedures required under subsection (d)(1) and to
otherwise implement this section.''.
(d) Modification to Procedure to Submit Requests.--Such section is
further amended--
(1) by redesignating subsections (d) through (h) as subsections
(e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Procedures to Review Allegations.--
``(1) Procedures required.--Not later than 180 days after the
date of enactment of this subsection, the Secretary of Defense
shall establish procedures to receive, evaluate, and respond to
allegations of civilian harm resulting from military operations
involving the United States Armed Forces, a coalition that includes
the United States, or a military organization supporting the United
States. Such responses may include--
``(A) a formal acknowledgement of such harm;
``(B) a nonmonetary expression of condolence; or
``(C) an ex gratia payment.
``(2) Consultation.--In establishing the procedures under
paragraph (1), the Secretary of Defense shall consult with the
Secretary of State and with nongovernmental organizations that
focus on addressing civilian harm in conflict.
``(3) Policy updates.--Not later than one year after the date
of the enactment of this subsection, the Secretary of Defense shall
ensure that procedures established under paragraph (1) are
formalized through updates to the policy referred to in section 936
of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 134 note).''.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to require the
Secretary of Defense to pause, suspend, or otherwise alter the
provision of ex gratia payments in accordance with section 1213 of the
National Defense Authorization Act for Fiscal Year 2020, as amended, in
the course of developing the procedures required by subsection (d) of
such section (as added by subsection (d) of this section).
SEC. 1332. SECRETARY OF DEFENSE STRATEGIC COMPETITION INITIATIVE.
(a) In General.--The Secretary of Defense, with the concurrence of
the Secretary of State, may provide funds for one or more Department of
Defense activities or programs described in subsection (b) that advance
United States national security objectives for strategic competition by
supporting Department of Defense efforts to compete below the threshold
of armed conflict and by supporting other Federal departments and
agencies in advancing United States strategic interests.
(b) Authorized Activities and Programs.--Activities and programs
for which funds may be provided under subsection (a) are the following:
(1) The provision of funds to pay for personnel expenses of
foreign defense or security personnel for bilateral or regional
security cooperation programs and joint exercises, in accordance
with section 321 of title 10, United States Code.
(2) Activities to build the institutional capacity of foreign
national security forces, including efforts to counter corruption,
in accordance with section 332 of title 10, United States Code.
(3) Activities to build the capabilities of the United States
joint force and the security forces of United States allies and
partners relating to irregular warfare.
(4) Activities to expose and disprove foreign malign influence
and disinformation, and to expose and deter coercion and
subversion.
(c) Funding.--Amounts made available for activities carried out
pursuant to subsection (a) in a fiscal year may be derived only from
amounts authorized to be appropriated for such fiscal year for the
Department of Defense for operation and maintenance, Defense-wide.
(d) Relationship to Other Funding.--Any amount provided by the
Secretary of Defense during any fiscal year pursuant to subsection (a)
for an activity or program described in subsection (b) shall be in
addition to amounts otherwise available for that activity or program
for that fiscal year.
(e) Use of Funds.--
(1) Limitations.--Of funds made available under this section
for any fiscal year--
(A) not more than $20,000,000 in each fiscal year is
authorized to be obligated and expended under this section; and
(B) not more than $3,000,000 may be used to pay for
personnel expenses under subsection (b)(1).
(2) Prohibition.--Funds may not be provided under this section
for any activity that has been denied authorization by Congress.
(f) Annual Report.--Not less frequently than annually, the
Secretary of Defense shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a report
on the use of the authority under subsection (a).
(g) Plan for Strategic Competition Initiative for U.S. Southern
Command and U.S. Africa Command.--
(1) In general.--The Secretary of Defense shall develop and
submit to the congressional defense committees a plan for an
initiative to support programs and activities for strategic
competition in the areas of responsibility of United States
Southern Command and United States Africa Command.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees the plan developed under paragraph
(1).
(h) Termination.--The authority under subsection (a) shall
terminate on September 30, 2024.
SEC. 1333. EXTENSION AND MODIFICATION OF DEPARTMENT OF DEFENSE SUPPORT
FOR STABILIZATION ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE
UNITED STATES.
Section 1210A of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1626) is amended--
(1) in subsection (a), by striking ``for the stabilization
activities of other Federal agencies specified in subsection
(c)(1)'' and inserting ``to other Federal agencies specified in
subsection (c)(1) for the stabilization activities of such
agencies'';
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) In general.--Amounts authorized to be provided pursuant
to this section shall be available only for support for
stabilization activities--
``(A)(i) in a country specified in paragraph (2); and
``(ii) that the Secretary of Defense, with the concurrence
of the Secretary of State, has determined are in the national
security interest of the United States; or
``(B) in a country that--
``(i)(I) has been selected as a priority country under
section 505 of the Global Fragility Act of 2019 (22 U.S.C.
9804); or
``(II) is located in a region that has been selected as
a priority region under section 505 of such Act; and
``(ii) has Department of Defense resource or personnel
presence to support such activities.'';
(3) in the first sentence of subsection (c)(1), by striking
``Support may be provided for stabilization activities under
subsection (a)'' and inserting ``Support under subsection (a) may
be provided'';
(4) in subsection (g)(1), by striking ``, Defense-wide''; and
(5) in subsection (h), by striking ``December 31, 2021'' and
inserting ``December 31, 2023''.
SEC. 1334. PILOT PROGRAM TO SUPPORT THE IMPLEMENTATION OF THE WOMEN,
PEACE, AND SECURITY ACT OF 2017.
Section 1210E of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by--
(1) redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsections (f) and (g):
``(f) Pilot Program.--
``(1) Establishment.--The Secretary of Defense, in consultation
with the Secretary of State, shall establish and carry out a pilot
program for the purpose of conducting partner country assessments
described in subsection (b)(2).
``(2) Contract authority.--The Secretary of Defense, in
consultation with the Secretary of State, shall seek to enter into
one or more contracts with a nonprofit organization or a federally
funded research and development center independent of the
Department for the purpose of conducting such partner country
assessments.
``(3) Selection of countries.--
``(A) In general.--The Secretary of Defense, in
consultation with the commanders of the combatant commands and
relevant United States ambassadors, shall select one partner
country within the area of responsibility of each geographic
combatant command for participation in the pilot program.
``(B) Considerations.--In making the selection under
subparagraph (A), the Secretary of Defense shall consider--
``(i) the demonstrated political commitment of the
partner country to increasing the participation of women in
the security sector; and
``(ii) the national security priorities and theater
campaign strategies of the United States.
``(4) Partner country assessments.--Partner country assessments
conducted under the pilot program shall be--
``(A) adapted to the local context of the partner country
being assessed;
``(B) conducted in collaboration with the security sector
of the partner country being assessed; and
``(C) based on tested methodologies.
``(5) Review and assessment.--With respect to each partner
country assessment conducted under the pilot program, the Secretary
of Defense, in consultation with the Secretary of State, shall--
``(A) review the methods of research and analysis used by
any entity contracted with under paragraph (2) in conducting
the assessment and identify lessons learned from such review;
and
``(B) assess the ability of the Department to conduct
future partner country assessments without entering into such a
contract, including by assessing potential costs and benefits
for the Department that may arise in conducting such future
assessments.
``(6) Findings.--
``(A) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall use findings
from each partner country assessment to inform effective
security cooperation activities and security sector assistance
interventions by the United States in the partner country
assessed, which shall be designed to substantially increase
opportunities for the recruitment, employment, development,
retention, deployment, and promotion of women in the national
security forces of such partner country (including for
deployments to peace operations and for participation in
counterterrorism operations and activities).
``(B) Model methodology.--The Secretary of Defense, in
consultation with the Secretary of State, shall develop, based
on the findings of the pilot program, a model barrier
assessment methodology for use across the geographic combatant
commands.
``(7) Reports.--
``(A) In general.--Not later than 2 years after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the appropriate
committees of Congress an initial report on the implementation
of the pilot program under this subsection that includes an
identification of the partner countries selected for
participation in the program and the justifications for such
selections.
``(B) Methodology.--On the date on which the Secretary of
Defense determines the pilot program to be complete, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate committees of Congress a
report on the model barrier assessment methodology developed
under paragraph (6)(B).
``(g) Briefing.--Not later than 1 year after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, the Director of the Defense Security Cooperation Agency shall
provide to the appropriate committees of Congress a briefing on the
efforts to build partner defense institution and security force
capacity pursuant to this section.''.
SEC. 1335. ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN TREATY
SENSORS.
(a) Requirement.--Not later than 90 days after the date of the
enactment of this Act, and not later than September 1 of each
subsequent year, the Secretary of State shall submit to the appropriate
congressional committees a report on the sensors used in the
international monitoring system of the Comprehensive Nuclear-Test-Ban
Treaty Organization. Each such report shall include, with respect to
the period covered by the report--
(1) the number of incidents where such sensors are disabled,
turned off, or experience ``technical difficulties''; and
(2) with respect to each such incident--
(A) the location of the sensor;
(B) the duration of the incident; and
(C) whether the Secretary determines there is reason to
believe that the incident was a deliberate act on the part of
the host nation.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 1336. SECURITY ASSISTANCE IN NORTHERN TRIANGLE COUNTRIES.
(a) Certification Relating to Assistance for Guatemala.--Prior to
the transfer of any vehicles by the Department of Defense to a joint
task force of the Ministry of Defense or Ministry of the Interior of
Guatemala during fiscal year 2022, the Secretary of Defense shall
certify to the congressional defense committees that such ministries
have made a credible commitment to use such equipment only for the uses
for which they were intended.
(b) Report on Security Cooperation With Northern Triangle
Countries.--
(1) In general.--Not later than June 30, 2022, the Secretary of
Defense shall submit to the congressional defense committees a
report that includes the following:
(A) A description of any ongoing or planned security
cooperation activities between the United States and the
Northern Triangle countries focused on protection of human
rights and adherence to the rule of law.
(B) A description of efforts to investigate credible
information on gross violations of human rights by the military
or national security forces of the governments of Northern
Triangle countries since January 1, 2017, consistent with
applicable law, including the possible use in committing such
violations of defense articles provided by the United States.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified annex.
(c) GAO Report.--
(1) Not later than June 30, 2022, the Comptroller General shall
submit to the congressional defense committees a report containing
an evaluation of the Department of Defense's end-use monitoring
procedures for tracking credible information regarding the misuse
by Northern Triangle countries of equipment provided by the
Department of Defense, including--
(A) the Department's review of any credible information
related to the misuse of Department of Defense-provided
vehicles to Northern Triangle countries since 2018; and
(B) a description of any remediation activities undertaken
by the Department of Defense and Northern Triangle countries in
response to any such misuse.
(d) Strategic Evaluation of Security Cooperation With Northern
Triangle Countries.--
(1) In general.--Not later than March 31, 2022, the Secretary
of Defense shall enter into an agreement with an appropriate
federally funded research and development center to complete an
evaluation, not later than June 30, 2024, of Department of Defense
security cooperation programs in United States Southern Command
area of responsibility that includes--
(A) how such programs in general and in Northern Triangle
countries in particular advance U.S. Southern Command's Theater
Campaign Plan;
(B) how such programs in general and in Northern Triangle
countries in particular promote the rule of law and human
rights in the United States Southern Command area of
responsibility;
(C) how such programs in general and in Northern Triangle
countries in particular advance the objectives of the National
Defense Strategy; and
(D) any other matters the Secretary deems appropriate.
(2) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report that includes the
evaluation completed by the federally funded research and
development center selected pursuant to paragraph (1) within 30
days of receiving such evaluation.
(3) Form.--The report required by subsection (2) shall be
submitted in unclassified form and posted on the Department of
Defense's public website, but may contain a classified annex.
(e) Northern Triangle Countries Defined.--In this section, the term
``Northern Triangle countries'' means El Salvador, Guatemala, and
Honduras.
SEC. 1337. REPORT ON HUMAN RIGHTS IN COLOMBIA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report that includes the following:
(1) A detailed summary of the security cooperation relationship
between the United States and Colombia, including a description of
United States objectives, any ongoing or planned security
cooperation activities with the military or other security forces
of Colombia, an assessment of the capabilities of the military or
other security forces of Colombia, and a description of the
capabilities of the military or other security forces of Colombia
that the Department of Defense has identified as a priority for
further capability building efforts.
(2) A description of any ongoing or planned cooperative
activities between the United States and Colombia focused on human
rights and adherence to the rule of law, and a description of the
manner and extent to which the security cooperation strategy
between the United States and Colombia seeks to build the
institutional capacity of the Colombian military or other Colombian
security forces to respect human rights and encourage
accountability.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1338. REPORT ON EFFORTS BY THE PEOPLE'S REPUBLIC OF CHINA TO
EXPAND ITS PRESENCE AND INFLUENCE IN LATIN AMERICA AND THE CARIBBEAN.
(a) Report.--Not later than June 30, 2022, the Secretary of State,
in coordination with the Secretary of Defense and in consultation with
the heads of other appropriate Federal departments and agencies, as
necessary, shall submit to the appropriate congressional committees a
report that identifies efforts by the Government of the People's
Republic of China to expand its presence and influence in Latin America
and the Caribbean through diplomatic, military, economic, and other
means, and describes the implications of such efforts on the national
defense and security interests of the United States.
(b) Elements.--The report required by subsection (a) shall also
include the following:
(1) An identification of--
(A) the countries of Latin America and the Caribbean with
which the Government of the People's Republic of China
maintains especially close diplomatic, military, and economic
relationships;
(B) the number and contents of strategic partnership
agreements or similar agreements, including any non-public,
secret, or informal agreements, that the Government of the
People's Republic of China has established with countries and
regional organizations of Latin America and the Caribbean;
(C) the countries of Latin America and the Caribbean that
have joined the Belt and Road Initiative or the Asian
Infrastructure Investment Bank;
(D) the countries of Latin America and the Caribbean to
which the Government of the People's Republic of China provides
foreign assistance or disaster relief (including access to
COVID-19 vaccines), including a description of the amount and
purpose of, and any conditions attached to, such assistance;
(E) countries and regional organizations of Latin America
and the Caribbean in which the Government of the People's
Republic of China, including its state-owned or state-directed
enterprises and banks, have undertaken significant investments,
or infrastructure projects, and correspondent banking and
lending activities, at the regional, national, or subnational
levels;
(F) recent visits by senior officials of the Government of
the People's Republic of China, including its state-owned or
state-directed enterprises, to Latin America and the Caribbean,
and visits by senior officials from Latin America and the
Caribbean to the People's Republic of China;
(G) the existence of any defense exchanges, military or
police education or training, and exercises between any
military or police organization of the Government of the
People's Republic of China and military, police, or security-
oriented organizations of countries of Latin America and the
Caribbean;
(H) countries and regional organizations of Latin America
and the Caribbean that maintain diplomatic relations with
Taiwan; and
(I) any steps that the Government of the People's Republic
of China has taken to encourage countries and regional
organizations of Latin America and the Caribbean to switch
diplomatic relations to the People's Republic of China instead
of Taiwan.
(2) A detailed description of--
(A) the relationship between the Government of the People's
Republic of China and the Government of Venezuela and the
Government of Cuba;
(B) military installations, assets, and activities of the
Government of the People's Republic of China in Latin America
and the Caribbean that currently exist or are planned for the
future;
(C) sales or transfers of defense articles and services by
the Government of the People's Republic of China to countries
of Latin America and the Caribbean;
(D) a comparison of sales and transfers of defense articles
and services to countries of Latin America and the Caribbean by
the Government of the People's Republic of China, the Russian
Federation, and the United States;
(E) any other form of military, paramilitary, or security
cooperation between the Government of the People's Republic of
China and the governments of countries of Latin America and the
Caribbean;
(F) the nature, extent, and purpose of the Government of
the People's Republic of China's intelligence activities in
Latin America and the Caribbean;
(G) the role of the Government of the People's Republic of
China in transnational crime in Latin America and the
Caribbean, including trafficking and money laundering, as well
as any links to the People's Liberation Army;
(H) efforts by the Government of the People's Republic of
China to expand the reach and influence of its financial system
within Latin America and the Caribbean, through banking
activities and payments systems and through goods and services
related to the use of the digital yuan; and
(I) efforts by the Government of the People's Republic of
China to build its media presence in Latin America and the
Caribbean, and any government-directed disinformation or
information warfare campaigns in the region, including for
military purposes or with ties to the People's Liberation Army.
(3) An assessment of--
(A) the specific objectives that the Government of the
People's Republic of China seeks to achieve by expanding its
presence and influence in Latin America and the Caribbean,
including any objectives articulated in official documents or
statements;
(B) whether certain investments by the Government of the
People's Republic of China, including in port projects, canal
projects, and telecommunications projects in Latin America and
the Caribbean, could have military uses or dual use capability
or could enable the Government of the People's Republic of
China to monitor or intercept United States or host nation
communications;
(C) the degree to which the Government of the People's
Republic of China uses its presence and influence in Latin
America and the Caribbean to encourage, pressure, or coerce
governments in the region to support its defense and national
security goals, including policy positions taken by the
Government of the People's Republic of China at international
institutions;
(D) documented instances of governments of countries of
Latin America and the Caribbean silencing, or attempting to
silence, local critics of the Government of the People's
Republic of China, including journalists, academics, and civil
society representatives, in order to placate the Government of
the People's Republic of China;
(E) the rationale for the Government of the People's
Republic of China becoming an observer at the Organization of
American States;
(F) the relationship between the Government of the People's
Republic of China and the Community of Latin American and
Caribbean States (CELAC), a regional organization that excludes
the United States, and the role of the China-CELAC Forum in
coordinating such relationship; and
(G) the specific actions and activities undertaken by the
Government of the People's Republic of China in Latin America
and the Caribbean that present the greatest threat or challenge
to the United States' defense and national security interests
in the region.
(4) Any other matters the Secretary of State determines is
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form without any designation relating to dissemination
control, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) The terms ``Latin America and the Caribbean'' and
``countries of Latin America and the Caribbean'' mean the countries
and non-United States territories of South America, Central
America, the Caribbean, and Mexico.
SEC. 1339. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO NON-
UNITED STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL
WAR IN YEMEN.
Section 1273(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1699) is amended by
striking ``two-year period'' and inserting ``four-year period''.
SEC. 1340. STATEMENT OF POLICY AND REPORT ON YEMEN.
(a) Statement of Policy.--It is the policy of the United States--
(1) to continue to support and further efforts to bring an end
to the conflict in Yemen;
(2) to support efforts so that United States defense articles
and services are not used for military operations resulting in
civilian casualties; and
(3) to work with allies and partners to address the ongoing
humanitarian needs of Yemeni civilians.
(b) Report.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in coordination with
the Secretary of Defense, shall submit to the appropriate
congressional committees a report on whether the Government of
Saudi Arabia has undertaken offensive airstrikes inside Yemen in
the preceding year resulting in civilian casualties.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) A full description of any such airstrikes, including a
detailed accounting of civilian casualties incorporating
information from non-governmental sources.
(B) An identification of Government of Saudi Arabia air
units responsible for any such airstrikes.
(C) A description of aircraft and munitions used in any
such airstrikes.
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified annex
if necessary.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1341. LIMITATION ON SUPPORT TO MILITARY FORCES OF THE KINGDOM OF
MOROCCO FOR MULTILATERAL EXERCISES.
(a) In General.--None of the funds authorized to be appropriated by
this Act or otherwise made available to the Department of Defense for
fiscal year 2022 may be used by the Secretary of Defense to support the
participation of the military forces of the Kingdom of Morocco in any
multilateral exercise administered by the Department of Defense unless
the Secretary determines, in consultation with the Secretary of State,
that the Kingdom of Morocco is committed to seeking a mutually
acceptable political solution in Western Sahara.
(b) Waiver.--The Secretary may waive application of the limitation
under subsection (a) if the Secretary submits to the congressional
defense committees a written determination and justification that the
waiver is important to the national security interests of the United
States.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--Other Matters
Sec. 1411. Acquisition of strategic and critical materials from the
national technology and industrial base.
Sec. 1412. Authorization to loan materials in National Defense
Stockpile.
Sec. 1413. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1414. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2022
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2022 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2022 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
Subtitle B--Other Matters
SEC. 1411. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS FROM THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
The Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
et seq.) is amended--
(1) in section 6(b)(2), by inserting ``to consult with
producers and processors of such materials'' before ``to avoid'';
(2) in section 12, by adding at the end the following new
paragraph:
``(3) The term `national technology and industrial base' has
the meaning given such term in section 2500 of title 10, United
States Code.''; and
(3) in section 15(a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) if domestic sources are unavailable to meet the
requirements defined in paragraphs (1) through (4), by making
efforts to prioritize the purchase of strategic and critical
materials from the national technology and industrial base.''.
SEC. 1412. AUTHORIZATION TO LOAN MATERIALS IN NATIONAL DEFENSE
STOCKPILE.
Section 6 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98e) is amended by adding at the end the following new
subsection:
``(f) The President may loan stockpile materials to the Department
of Energy or the military departments if the President--
``(1) has a reasonable assurance that stockpile materials of a
similar or superior quantity and quality to the materials loaned
will be returned to the stockpile or paid for;
``(2) notifies the congressional defense committees (as defined
in section 101(a) of title 10, United States Code), in writing, not
less than 30 days before making any such loan; and
``(3) includes in the written notification under paragraph (2)
sufficient support for the assurance described in paragraph (1).''.
SEC. 1413. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1405 and available for the Defense Health
Program for operation and maintenance, $137,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1414. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2022
from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000
for the operation of the Armed Forces Retirement Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Related to Cyber Operations and Cyber Forces
Sec. 1501. Development of taxonomy of cyber capabilities.
Sec. 1502. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1503. Modification of the Principal Cyber Advisor.
Sec. 1504. Evaluation of Department of Defense cyber governance.
Sec. 1505. Operational technology and mission-relevant terrain in
cyberspace.
Sec. 1506. Matters concerning cyber personnel requirements.
Sec. 1507. Assignment of certain budget control responsibilities to
commander of United States Cyber Command.
Sec. 1508. Coordination between United States Cyber Command and private
sector.
Sec. 1509. Assessment of cyber posture and operational assumptions and
development of targeting strategies and supporting
capabilities.
Sec. 1510. Assessing capabilities to counter adversary use of
ransomware, capabilities, and infrastructure.
Sec. 1511. Comparative analysis of cybersecurity capabilities.
Sec. 1512. Eligibility of owners and operators of critical
infrastructure to receive certain Department of Defense
support and services.
Sec. 1513. Report on potential Department of Defense support and
assistance for increasing the awareness of the Cybersecurity
and Infrastructure Security Agency of cyber threats and
vulnerabilities affecting critical infrastructure.
Subtitle B--Matters Related to Department of Defense Cybersecurity and
Information Technology
Sec. 1521. Enterprise-wide procurement of cyber data products and
services.
Sec. 1522. Legacy information technologies and systems accountability.
Sec. 1523. Update relating to responsibilities of Chief Information
Officer.
Sec. 1524. Protective Domain Name System within the Department of
Defense.
Sec. 1525. Cybersecurity of weapon systems.
Sec. 1526. Assessment of controlled unclassified information program.
Sec. 1527. Cyber data management.
Sec. 1528. Zero trust strategy, principles, model architecture, and
implementation plans.
Sec. 1529. Demonstration program for automated security validation
tools.
Sec. 1530. Improvements to consortium of universities to advise
Secretary of Defense on cybersecurity matters.
Sec. 1531. Digital development infrastructure plan and working group.
Sec. 1532. Study regarding establishment within the Department of
Defense of a designated central program office to oversee
academic engagement programs relating to establishing cyber
talent across the Department.
Sec. 1533. Report on the Cybersecurity Maturity Model Certification
program.
Sec. 1534. Deadline for reports on assessment of cyber resiliency of
nuclear command and control system.
Subtitle C--Matters Related to Federal Cybersecurity
Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security
Agency to identify threats to industrial control systems.
Sec. 1542. Cybersecurity vulnerabilities.
Sec. 1543. Report on cybersecurity vulnerabilities.
Sec. 1544. Competition relating to cybersecurity vulnerabilities.
Sec. 1545. Strategy.
Sec. 1546. Cyber incident response plan.
Sec. 1547. National cyber exercise program.
Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure
Security Agency.
Sec. 1549. Strategic assessment relating to innovation of information
systems and cybersecurity threats.
Sec. 1550. Pilot program on public-private partnerships with internet
ecosystem companies to detect and disrupt adversary cyber
operations.
Sec. 1551. United States-Israel cybersecurity cooperation.
Sec. 1552. Authority for National Cyber Director to accept details on
nonreimbursable basis.
Subtitle A--Matters Related to Cyber Operations and Cyber Forces
SEC. 1501. DEVELOPMENT OF TAXONOMY OF CYBER CAPABILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a
taxonomy of cyber capabilities, including software, hardware,
middleware, code, other information technology, and accesses, designed
for use in cyber effects operations.
(b) Report.--
(1) In general.--Not later than 30 days after the development
of the taxonomy of cyber capabilities required under subsection
(a), the Secretary of Defense shall submit to the congressional
defense committees a report regarding such taxonomy.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) The definitions associated with each category contained
within the taxonomy of cyber capabilities developed pursuant to
subsection (a).
(B) Recommendations for improved reporting mechanisms to
Congress regarding such taxonomy of cyber capabilities, using
amounts from the Cyberspace Activities Budget of the Department
of Defense.
(C) Recommendations for modifications to the notification
requirement under section 396 of title 10, United States Code,
in order that such notifications would include information
relating to such taxonomy of cyber capabilities, including with
respect to both physical and nonphysical cyber effects.
(D) Any other elements the Secretary determines
appropriate.
SEC. 1502. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32 U.S.C.
501 note) is amended by striking ``2022'' and inserting ``2024''.
SEC. 1503. MODIFICATION OF THE PRINCIPAL CYBER ADVISOR.
(a) In General.--Paragraph (1) of section 932(c) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) is amended to read as follows:
``(1) Designation.--(A) The Secretary shall designate, from
among the personnel of the Office of the Under Secretary of Defense
for Policy, a Principal Cyber Advisor to act as the principal
advisor to the Secretary on military cyber forces and activities.
``(B) The Secretary may only designate an official under this
paragraph if such official was appointed to the position in which
such official serves by and with the advice and consent of the
Senate.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended by striking
``Office of the Secretary of Defense'' and inserting ``Office of the
Under Secretary of Defense for Policy''.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall brief the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives on such recommendations as the
Deputy Secretary may have for alternate reporting structures for the
Principal Cyber Advisor and the Deputy Principal Cyber Advisor within
the Office of the Under Secretary for Policy.
SEC. 1504. EVALUATION OF DEPARTMENT OF DEFENSE CYBER GOVERNANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall complete an
evaluation and review of the Department of Defense's current cyber
governance construct.
(b) Scope.--The evaluation and review conducted pursuant to
subsection (a) shall--
(1) assess the performance of the Department of Defense in
carrying out the pillars of the cyber strategy and lines of efforts
established in the most recent cyber posture review, including--
(A) conducting military cyberspace operations of offensive,
defensive, and protective natures;
(B) securely operating technologies associated with
information networks, industrial control systems, operational
technologies, weapon systems, and weapon platforms; and
(C) enabling, encouraging, and supporting the security of
international, industrial, and academic partners;
(2) analyze and assess the current institutional constructs
across the Office of the Secretary of Defense, Joint Staff,
military services, and combatant commands involved with and
responsible for the execution of and civilian oversight for the
responsibilities specified in paragraph (1);
(3) analyze and assess the delineation of responsibilities
within the current institutional construct within the Office of the
Secretary of Defense for addressing the objectives of the 2018
Department of Defense Cyber Strategy and any superseding
strategies, as well as identifying potential seams in
responsibility;
(4) examine the Department's policy, legislative, and
regulatory regimes related to cyberspace and cybersecurity matters,
including the 2018 Department of Defense Cyber Strategy and any
superseding strategies, for sufficiency in carrying out the
responsibilities specified in paragraph (1);
(5) examine the Office of the Secretary of Defense's current
alignment for the integration and coordination of cyberspace
activities with other aspects of information operations, including
information warfare and electromagnetic spectrum operations;
(6) examine the current roles and responsibilities of each
Principal Staff Assistant to the Secretary of Defense as such
relate to the responsibilities specified in paragraph (1), and
identify redundancy, duplication, or matters requiring
deconfliction or clarification;
(7) evaluate and, as appropriate, implement relevant managerial
innovation from the private sector in the management of complex
missions, including enhanced cross-functional teaming;
(8) evaluate the state of collaboration among each Principal
Staff Assistant in matters related to acquisition of cyber
capabilities and other enabling technologies supporting the
responsibilities specified in paragraph (1);
(9) analyze and assess the Department's performance in and
posture for building and retaining the requisite workforce
necessary to perform the responsibilities specified in paragraph
(1);
(10) determine optimal governance structures related to the
management and advancement of the Department's cyber workforce,
including those structures defined under and evaluated pursuant to
section 1649 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) and section 1726 of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283);
(11) develop policy and legislative recommendations, as
appropriate, to delineate and deconflict the roles and
responsibilities of United States Cyber Command in defending and
protecting the Department of Defense Information Network (DoDIN),
with the responsibility of the Chief Information Officer, the
Defense Information Systems Agency, and the military services to
securely operate technologies described in paragraph (1)(B);
(12) develop policy and legislative recommendations to enhance
the authority of the Chief Information Officers within the military
services, specifically as such relates to executive and budgetary
control over matters related to such services' information
technology security, acquisition, and value;
(13) develop policy and legislative recommendations, as
appropriate, for optimizing the institutional constructs across the
Office of the Secretary of Defense, Joint Staff, military services,
and combatant commands involved with and responsible for the
responsibilities specified in paragraph (1); and
(14) make recommendations for any legislation determined
appropriate.
(c) Interim Briefings.--Not later than 90 days after the
commencement of the evaluation and review conducted pursuant to
subsection (a) and every 30 days thereafter, the Secretary of Defense
shall brief the congressional defense committees on interim findings of
such evaluation and review.
(d) Report.--Not later than 30 days after the completion of the
evaluation and review conducted pursuant to subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a report on such evaluation and review.
SEC. 1505. OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT TERRAIN IN
CYBERSPACE.
(a) Mission-relevant Terrain.--Not later than January 1, 2025, the
Secretary of Defense shall complete mapping of mission-relevant terrain
in cyberspace for Defense Critical Assets and Task Critical Assets at
sufficient granularity to enable mission thread analysis and
situational awareness, including required--
(1) decomposition of missions reliant on such Assets;
(2) identification of access vectors;
(3) internal and external dependencies;
(4) topology of networks and network segments;
(5) cybersecurity defenses across information and operational
technology on such Assets; and
(6) identification of associated or reliant weapon systems.
(b) Combatant Command Responsibilities.--Not later than January 1,
2024, the Commanders of United States European Command, United States
Indo-Pacific Command, United States Northern Command, United States
Strategic Command, United States Space Command, United States
Transportation Command, and other relevant Commands, in coordination
with the Commander of United States Cyber Command, in order to enable
effective mission thread analysis, cyber situational awareness, and
effective cyber defense of Defense Critical Assets and Task Critical
Assets under their control or in their areas of responsibility, shall
develop, institute, and make necessary modifications to--
(1) internal combatant command processes, responsibilities, and
functions;
(2) coordination with service components under their
operational control, United States Cyber Command, Joint Forces
Headquarters-Department of Defense Information Network, and the
service cyber components;
(3) combatant command headquarters' situational awareness
posture to ensure an appropriate level of cyber situational
awareness of the forces, facilities, installations, bases, critical
infrastructure, and weapon systems under their control or in their
areas of responsibility, including, in particular, Defense Critical
Assets and Task Critical Assets; and
(4) documentation of their mission-relevant terrain in
cyberspace.
(c) Department of Defense Chief Information Officer
Responsibilities.--
(1) In general.--Not later than November 1, 2023, the Chief
Information Officer of the Department of Defense shall establish or
make necessary changes to policy, control systems standards, risk
management framework and authority to operate policies, and
cybersecurity reference architectures to provide baseline
cybersecurity requirements for operational technology in forces,
facilities, installations, bases, critical infrastructure, and
weapon systems across the Department of Defense Information
Network.
(2) Implementation of policies.--The Chief Information Officer
of the Department of Defense shall leverage acquisition guidance,
concerted assessment of the Department's operational technology
enterprise, and coordination with the military department principal
cyber advisors and chief information officers to drive necessary
change and implementation of relevant policy across the
Department's forces, facilities, installations, bases, critical
infrastructure, and weapon systems.
(3) Additional responsibilities.--The Chief Information Officer
of the Department of Defense shall ensure that policies, control
systems standards, and cybersecurity reference architectures--
(A) are implementable by components of the Department;
(B) limit adversaries' ability to reach or manipulate
control systems through cyberspace;
(C) appropriately balance non-connectivity and monitoring
requirements;
(D) include data collection and flow requirements;
(E) interoperate with and are informed by the operational
community's workflows for defense of information and
operational technology in the forces, facilities,
installations, bases, critical infrastructure, and weapon
systems across the Department;
(F) integrate and interoperate with Department mission
assurance construct; and
(G) are implemented with respect to Defense Critical Assets
and Task Critical Assets.
(d) United States Cyber Command Operational Responsibilities.--Not
later than January 1, 2025, the Commander of United States Cyber
Command shall make necessary modifications to the mission, scope, and
posture of Joint Forces Headquarters-Department of Defense Information
Network to ensure that Joint Forces Headquarters--
(1) has appropriate visibility of operational technology in the
forces, facilities, installations, bases, critical infrastructure,
and weapon systems across the Department of Defense Information
Network, including, in particular, Defense Critical Assets and Task
Critical Assets;
(2) can effectively command and control forces to defend such
operational technology; and
(3) has established processes for--
(A) incident and compliance reporting;
(B) ensuring compliance with Department of Defense
cybersecurity policy; and
(C) ensuring that cyber vulnerabilities, attack vectors,
and security violations, including, in particular, those
specific to Defense Critical Assets and Task Critical Assets,
are appropriately managed.
(e) United States Cyber Command Functional Responsibilities.--Not
later than January 1, 2025, the Commander of United States Cyber
Command shall--
(1) ensure in its role of Joint Forces Trainer for the
Cyberspace Operations Forces that operational technology cyber
defense is appropriately incorporated into training for the
Cyberspace Operations Forces;
(2) delineate the specific force composition requirements
within the Cyberspace Operations Forces for specialized cyber
defense of operational technology, including the number, size,
scale, and responsibilities of defined Cyber Operations Forces
elements;
(3) develop and maintain, or support the development and
maintenance of, a joint training curriculum for operational
technology-focused Cyberspace Operations Forces;
(4) support the Chief Information Officer of the Department of
Defense as the Department's senior official for the cybersecurity
of operational technology under this section;
(5) develop and institutionalize, or support the development
and institutionalization of, tradecraft for defense of operational
technology across local defenders, cybersecurity service providers,
cyber protection teams, and service-controlled forces;
(6) develop and institutionalize integrated concepts of
operation, operational workflows, and cybersecurity architectures
for defense of information and operational technology in the
forces, facilities, installations, bases, critical infrastructure,
and weapon systems across the Department of Defense Information
Network, including, in particular, Defense Critical Assets and Task
Critical Assets, including--
(A) deliberate and strategic sensoring of such Network and
Assets;
(B) instituting policies governing connections across and
between such Network and Assets;
(C) modelling of normal behavior across and between such
Network and Assets;
(D) engineering data flows across and between such Network
and Assets;
(E) developing local defenders, cybersecurity service
providers, cyber protection teams, and service-controlled
forces' operational workflows and tactics, techniques, and
procedures optimized for the designs, data flows, and policies
of such Network and Assets;
(F) instituting of model defensive cyber operations and
Department of Defense Information Network operations
tradecraft; and
(G) integrating of such operations to ensure
interoperability across echelons; and
(7) advance the integration of the Department of Defense's
mission assurance, cybersecurity compliance, cybersecurity
operations, risk management framework, and authority to operate
programs and policies.
(f) Service Responsibilities.--Not later than January 1, 2025, the
Secretaries of the military departments, through the service principal
cyber advisors, chief information officers, the service cyber
components, and relevant service commands, shall make necessary
investments in operational technology in the forces, facilities,
installations, bases, critical infrastructure, and weapon systems
across the Department of Defense Information Network and the service-
controlled forces responsible for defense of such operational
technology to--
(1) ensure that relevant local network and cybersecurity forces
are responsible for defending operational technology across the
forces, facilities, installations, bases, critical infrastructure,
and weapon systems, including, in particular, Defense Critical
Assets and Task Critical Assets;
(2) ensure that relevant local operational technology-focused
system operators, network and cybersecurity forces, mission defense
teams and other service-retained forces, and cyber protection teams
are appropriately trained, including through common training and
use of cyber ranges, as appropriate, to execute the specific
requirements of cybersecurity operations in operational technology;
(3) ensure that all Defense Critical Assets and Task Critical
Assets are monitored and defended by Cybersecurity Service
Providers;
(4) ensure that operational technology is appropriately
sensored and appropriate cybersecurity defenses, including
technologies associated with the More Situational Awareness for
Industrial Control Systems Joint Capability Technology
Demonstration, are employed to enable defense of Defense Critical
Assets and Task Critical Assets;
(5) implement Department of Defense Chief Information Officer
policy germane to operational technology, including, in particular,
with respect to Defense Critical Assets and Task Critical Assets;
(6) plan for, designate, and train dedicated forces to be
utilized in operational technology-centric roles across the
military services and United States Cyber Command; and
(7) ensure that operational technology, as appropriate, is not
easily accessible via the internet and that cybersecurity
investments accord with mission risk to and relevant access vectors
for Defense Critical Assets and Task Critical Assets.
(g) Office of the Secretary of Defense Responsibilities.--Not later
than January 1, 2023, the Secretary of Defense shall--
(1) assess and finalize Office of the Secretary of Defense
components' roles and responsibilities for the cybersecurity of
operational technology in the forces, facilities, installations,
bases, critical infrastructure, and weapon systems across the
Department of Defense Information Network;
(2) assess the need to establish centralized or dedicated
funding for remediation of cybersecurity gaps in operational
technology across the Department of Defense Information Network;
(3) make relevant modifications to the Department of Defense's
mission assurance construct, Mission Assurance Coordination Board,
and other relevant bodies to drive--
(A) prioritization of kinetic and non-kinetic threats to
the Department's missions and minimization of mission risk in
the Department's war plans;
(B) prioritization of relevant mitigations and investments
to harden and assure the Department's missions and minimize
mission risk in the Department's war plans; and
(C) completion of mission relevant terrain mapping of
Defense Critical Assets and Task Critical Assets and population
of associated assessment and mitigation data in authorized
repositories;
(4) make relevant modifications to the Strategic Cybersecurity
Program; and
(5) drive and provide oversight of the implementation of this
section.
(h) Budget Rollout Briefings.--
(1) In general.--Beginning not later than 30 days after the
date of the enactment of this Act, each of the Secretaries of the
military departments, the Commander of United States Cyber Command,
and the Chief Information Officer of the Department of Defense
shall provide annual updates to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives on activities undertaken and progress made to carry
out this section.
(2) Annual briefings.--Not later than one year after the date
of the enactment of this Act and not less frequently than annually
thereafter until January 1, 2024, the Under Secretary of Defense
for Policy, the Under Secretary of Defense for Acquisition and
Sustainment, the Chief Information Officer, and the Joint Staff J6,
representing the combatant commands, shall individually or together
provide briefings to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives
on activities undertaken and progress made to carry out this
section.
(i) Implementation.--
(1) In general.--In implementing this section, the Secretary of
Defense shall prioritize the cybersecurity and cyber defense of
Defense Critical Assets and Task Critical Assets and shape cyber
investments, policy, operations, and deployments to ensure
cybersecurity and cyber defense.
(2) Application.--This section shall apply to assets owned and
operated by the Department of Defense, as well as to applicable
non-Department assets essential to the projection, support, and
sustainment of military forces and operations worldwide.
(j) Definition.--In this section:
(1) Mission-relevant terrain in cyberspace.--``mission-relevant
terrain in cyberspace'' has the meaning given such term as
specified in Joint Publication 6-0.
(2) Operational technology.--The term ``operational
technology'' means control systems or controllers, communication
architectures, and user interfaces that monitor or control
infrastructure and equipment operating in various environments,
such as weapon systems, utility or energy production and
distribution, or medical, logistics, nuclear, biological, chemical,
or manufacturing facilities.
SEC. 1506. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.
(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Personnel and Readiness and the Chief
Information Officer of the Department of Defense, in consultation with
Secretaries of the military departments and the head of any other
organization or element of the Department the Secretary determines
appropriate, shall--
(1) determine the overall workforce requirement of the
Department for cyberspace and information warfare military
personnel across the active and reserve components of the Armed
Forces (other than the Coast Guard) and for civilian personnel, and
in doing so shall--
(A) consider personnel in positions securing the Department
of Defense Information Network and associated enterprise
information technology, defense agencies and field activities,
and combatant commands, including current billets primarily
associated with the Department of Defense Cyber Workforce
Framework;
(B) consider the mix between military and civilian
personnel, active and reserve components, and the use of the
National Guard;
(C) develop a talent management strategy that covers
accessions, training, and education; and
(D) consider such other elements as the Secretary
determines appropriate;
(2) assess current and future cyber education curriculum and
requirements for military and civilian personnel, including--
(A) acquisition personnel;
(B) accessions and recruits to the military services;
(C) cadets and midshipmen at the military service academies
and enrolled in the Senior Reserve Officers' Training Corps;
(D) information environment and cyberspace military and
civilian personnel; and
(E) non-information environment cyberspace military and
civilian personnel;
(3) identify appropriate locations for information warfare and
cyber education for military and civilian personnel, including--
(A) the military service academies;
(B) the senior level service schools and intermediate level
service schools specified in section 2151(b) of title 10,
United States Code;
(C) the Air Force Institute of Technology;
(D) the National Defense University;
(E) the Joint Special Operations University;
(F) the Command and General Staff Colleges;
(G) the War Colleges;
(H) any military education institution attached to or
operating under any institution specified in this paragraph;
(I) any other military educational institution of the
Department identified by the Secretary for purposes of this
section;
(J) the Cyber Centers of Academic Excellence; and
(K) potential future educational institutions of the
Federal Government in accordance with the assessment required
under subsection (b); and
(4) determine--
(A) whether the cyberspace domain mission requires a
graduate level professional military education college on par
with and distinct from the war colleges for the Army, Navy, and
Air Force as in existence on the day before the date of the
enactment of this Act;
(B) whether such a college should be joint; and
(C) where such a college should be located.
(b) Assessment.--In identifying appropriate locations for
information warfare and cyber education for military and civilian
personnel at potential future educational institutions of the Federal
Government pursuant to subsection (a)(3)(K), the Secretary of Defense,
acting through the Under Secretary of Defense for Personnel and
Readiness and the Chief Information Officer of the Department of
Defense, in consultation with Secretaries of the military departments,
the head of any other organization or element of the Department the
Secretary determines appropriate, the Secretary of Homeland Security,
and the National Cyber Director, shall assess the feasibility and
advisability of establishing a National Cyber Academy or similar
institute for the purpose of educating and training civilian and
military personnel for service in cyber, information, and related
fields throughout the Federal Government.
(c) Reports Required.--
(1) Education.--Not later than November 1, 2022, the Secretary
of Defense shall provide the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing and, not later than January 1, 2023, the
Secretary shall submit to such committees a report, on--
(A) talent strategy to satisfy future cyber education
requirements at appropriate locations referred to in subsection
(a)(3); and
(B) the findings of the Secretary in assessing cyber
education curricula and identifying such locations.
(2) Workforce.--Not later than November 1, 2024, the Secretary
of Defense shall provide the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing and, not later than January 1, 2025, the
Secretary shall submit to such committees a report, on--
(A) the findings of the Secretary in determining pursuant
to subsection (a)(1) the overall workforce requirement of the
Department of Defense for cyberspace and information warfare
military personnel across the active and reserve components of
the Armed Forces (other than the Coast Guard) and for civilian
personnel;
(B) such recommendations as the Secretary may have relating
to such requirement; and
(C) such legislative or administrative action as the
Secretary identifies as necessary to effectively satisfy such
requirement.
(d) Education Described.--In this section, the term ``education''
includes formal education requirements, such as degrees and
certification in targeted subject areas, as well as general training,
including--
(1) upskilling;
(2) knowledge, skills, and abilities; and
(3) nonacademic professional development.
SEC. 1507. ASSIGNMENT OF CERTAIN BUDGET CONTROL RESPONSIBILITIES TO
COMMANDER OF UNITED STATES CYBER COMMAND.
(a) Assignment of Responsibilities.--
(1) In general.--The Commander of United States Cyber Command
shall, subject to the authority, direction, and control of the
Principal Cyber Advisor of the Department of Defense, be
responsible for directly controlling and managing the planning,
programming, budgeting, and execution of resources to train, equip,
operate, and sustain the Cyber Mission Forces.
(2) Effective date and applicability.--Paragraph (1) shall take
effect on the date of the enactment of this Act and apply--
(A) on January 1, 2022, for controlling and managing budget
execution; and
(B) beginning with fiscal year 2024 and each fiscal year
thereafter for directly controlling and managing the planning,
programming, budgeting, and execution of resources.
(b) Elements.--
(1) In general.--The responsibilities assigned to the Commander
of United States Cyber Command pursuant to subsection (a)(1) shall
include the following:
(A) Preparation of a program objective memorandum and
budget estimate submission for the resources required to train,
equip, operate, and sustain the Cyber Mission Forces.
(B) Preparation of budget materials pertaining to United
States Cyber Command for inclusion in the budget justification
materials that are submitted to Congress in support of the
Department of Defense budget for a fiscal year (as submitted
with the budget of the President for a fiscal year under
section 1105(a) of title 31, United States Code) that is
separate from any other military service or component of the
Department.
(2) Responsibilities not delegated.--The responsibilities
assigned to the Commander of United States Cyber Command pursuant
to subsection (a)(1) shall not include the following:
(A) Military pay and allowances.
(B) Funding for facility support that is provided by the
military services.
(c) Implementation Plan.--
(1) In general.--Not later than the date that is 30 days after
the date of the enactment of this Act, the Comptroller General of
the Department of Defense and the Commander of United States Cyber
Command, in coordination with Chief Information Officer of the
Department, the Principal Cyber Advisor, the Under Secretary of
Defense for Acquisition and Sustainment, Cost Assessment and
Program Evaluation, and the Secretaries of the military
departments, shall jointly develop an implementation plan for the
transition of responsibilities assigned to the Commander of United
States Cyber Command pursuant to subsection (a)(1).
(2) Elements.--The implementation plan developed under
paragraph (1) shall include the following:
(A) A budgetary review to identify appropriate resources
for transfer to the Commander of United States Cyber Command
for carrying out responsibilities assigned pursuant to
subsection (a)(1).
(B) Definitions of appropriate roles and responsibilities.
(C) Specification of all program elements and sub-elements,
and the training, equipment, Joint Cyber Warfighting
Architecture capabilities, other enabling capabilities and
infrastructure, intelligence support, operations, and
sustainment investments in each such program element and sub-
element for which the Commander of United States Cyber Command
is responsible.
(D) Specification of all program elements and sub-elements,
and the training, equipment, Joint Cyber Warfighting
Architecture capabilities, other enabling capabilities and
infrastructure, intelligence support, operations, and
sustainment investments in each such program element and sub-
element relevant to or that support the Cyber Mission Force for
which the Secretaries of the military departments are
responsible.
(E) Required levels of civilian and military staffing
within United States Cyber Command to carry out subsection
(a)(1), and an estimate of when such levels of staffing will be
achieved.
(d) Briefing.--
(1) In general.--Not later than the earlier of the date on
which the implementation plan under subsection (c) is developed or
the date that is 90 days after the date of the enactment of this
Act, the Secretary of Defense shall provide the congressional
defense committees a briefing on the implementation plan.
(2) Elements.--The briefing required by paragraph (1) shall
address any recommendations for when and how the Secretary of
Defense should delegate to the Commander of United States Cyber
Command budget authority for the Cyber Operations Forces (as such
term is defined in the memorandum issued by the Secretary of
Defense on December 12, 2019, relating to the definition of
``Department of Defense Cyberspace Operations Forces (DoD COF)''),
after successful implementation of the responsibilities described
in subsection (a) relating to the Cyber Mission Forces.
SEC. 1508. COORDINATION BETWEEN UNITED STATES CYBER COMMAND AND PRIVATE
SECTOR.
(a) Voluntary Process.--Not later than January 1, 2023, the
Commander of United States Cyber Command shall establish a voluntary
process to engage with private sector information technology and
cybersecurity entities to explore and develop methods and plans through
which the capabilities, knowledge, and actions of--
(1) private sector entities operating inside the United States
to defend against foreign malicious cyber actors could assist, or
be coordinated with, the actions of United States Cyber Command
operating outside the United States against such foreign malicious
cyber actors; and
(2) United States Cyber Command operating outside the United
States against foreign malicious cyber actors could assist, or be
coordinated with, the actions of private sector entities operating
inside the United States against such foreign malicious cyber
actors.
(b) Annual Briefing.--
(1) In general.--During the period beginning on March 1, 2022,
and ending on March 1, 2026, the Commander of United States Cyber
Command shall, not less frequently than once each year, provide to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a briefing on the
status of any activities conducted pursuant to subsection (a).
(2) Elements.--Each briefing provided under paragraph (1) shall
include the following:
(A) Such recommendations for legislative or administrative
action as the Commander of United States Cyber Command
considers appropriate to improve and facilitate the exploration
and development of methods and plans under subsection (a).
(B) Such recommendations as the Commander may have for
increasing private sector participation in such exploration and
development.
(C) A description of the challenges encountered in carrying
out subsection (a), including any concerns expressed to the
Commander by private sector partners regarding participation in
such exploration and development.
(D) Information relating to how such exploration and
development with the private sector could assist military
planning by United States Cyber Command.
(E) Such other matters as the Commander considers
appropriate.
(c) Consultation.--In developing the process described in
subsection (a), the Commander of United States Cyber Command shall
consult with the Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security and the heads of
any other Federal agencies the Commander considers appropriate.
(d) Integration With Other Efforts.--The Commander of United States
Cyber Command shall ensure that the process described in subsection (a)
makes use of, builds upon, and, as appropriate, integrates with and
does not duplicate, other efforts of the Department of Homeland
Security and the Department of Defense relating to cybersecurity,
including the following:
(1) The Joint Cyber Defense Collaborative of the Cybersecurity
and Infrastructure Security Agency.
(2) The Cybersecurity Collaboration Center and Enduring
Security Framework of the National Security Agency.
(3) The office for joint cyber planning of the Department of
Homeland Security.
(e) Protection of Trade Secrets and Proprietary Information.--The
Commander of United States Cyber Command shall ensure that any trade
secret or proprietary information of a private sector entity engaged
with the Department of Defense through the process established under
subsection (a) that is made known to the Department pursuant to such
process remains private and protected unless otherwise explicitly
authorized by such entity.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize United States Cyber Command to conduct operations inside
the United States or for private sector entities to conduct offensive
cyber activities outside the United States, except to the extent such
operations or activities are permitted by a provision of law in effect
on the day before the date of the enactment of this Act.
SEC. 1509. ASSESSMENT OF CYBER POSTURE AND OPERATIONAL ASSUMPTIONS AND
DEVELOPMENT OF TARGETING STRATEGIES AND SUPPORTING CAPABILITIES.
(a) Assessment of Cyber Posture of Adversaries and Operational
Assumptions of United States Government.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Commander of United States Cyber
Command, the Under Secretary of Defense for Policy, and the Under
Secretary of Defense for Intelligence and Security, shall jointly
sponsor or conduct an assessment, including, if appropriate, a war-
game or tabletop exercise, of the current and emerging offensive
and defensive cyber posture of adversaries of the United States and
the current operational assumptions and plans of the Armed Forces
for offensive cyber operations during potential crises or conflict.
(2) Elements.--The assessment required under paragraph (1)
shall include consideration of the following:
(A) Changes to strategies, operational concepts,
operational preparation of the environment, and rules of
engagement.
(B) Opportunities provided by armed forces in theaters of
operations and other innovative alternatives.
(C) Changes in intelligence community (as such term is
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) targeting and operations in support of the
Department of Defense.
(D) Adversary capabilities to deny or degrade United States
activities in cyberspace.
(E) Adversaries' targeting of United States critical
infrastructure and implications for United States policy.
(F) Potential effect of emerging technologies, such as
fifth generation mobile networks, expanded use of cloud
information technology services, and artificial intelligence.
(G) Changes in Department of Defense organizational design.
(H) The effect of private sector cybersecurity research.
(F) Adequacy of intelligence support to cyberspace
operations by Combat Support Agencies and Service Intelligence
Centers.
(b) Development of Targeting Strategies, Supporting Capabilities,
and Operational Concepts.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Commander of United States Cyber Command
shall--
(A) assess and establish the capabilities, capacities,
tools, and tactics required to support targeting strategies
for--
(i) day-to-day persistent engagement of adversaries,
including support to information operations;
(ii) support to geographic combatant commanders at the
onset of hostilities and during sustained conflict; and
(iii) deterrence of attacks on United States critical
infrastructure, including the threat of counter value
responses;
(B) develop future cyber targeting strategies and
capabilities across the categories of cyber missions and
targets with respect to which--
(i) time-consuming and human effort-intensive stealthy
operations are required to acquire and maintain access to
targets, and the mission is so important it is worthwhile
to expend such efforts to hold such targets at risk;
(ii) target prosecution requires unique access and
exploitation tools and technologies, and the target
importance justifies the efforts, time, and expense
relating thereto;
(iii) operational circumstances do not allow for and do
not require spending the time and human effort required for
stealthy, nonattributable, and continuous access to
targets;
(iv) capabilities are needed to rapidly prosecute
targets that have not been previously planned and that can
be accessed and exploited using known, available tools and
techniques; and
(v) targets may be prosecuted with the aid of automated
techniques to achieve speed, mass, and scale;
(C) develop strategies for appropriate utilization of Cyber
Mission Teams in support of combatant command objectives as--
(i) adjuncts to or substitutes for kinetic operations;
or
(ii) independent means to achieve novel tactical,
operational, and strategic objectives; and
(D) develop collection and analytic support strategies for
the service intelligence centers to assist operations by United
States Cyber Command and the Service Cyber Components.
(2) Briefing required.--
(A) In general.--Not later than 30 days after the date on
which all activities required under paragraph (1) have been
completed, the Commander of United States Cyber Command shall
provide the congressional defense committees a briefing on such
activities.
(B) Elements.--The briefing provided pursuant to
subparagraph (A) shall include the following:
(i) Recommendations for such legislative or
administrative action as the Commander of United States
Cyber Command considers necessary to address capability
shortcomings.
(ii) Plans to address such capability shortcomings.
(c) Country-specific Access Strategies.--
(1) In general.--Not later than one year after the date on
which all activities required under subsection (b)(1) have been
completed, the Commander of United States Cyber Command shall
complete development of country-specific access strategies for the
Russian Federation, the People's Republic of China, the Democratic
People's Republic of Korea, and the Islamic Republic of Iran.
(2) Elements.--Each country-specific access strategy developed
under paragraph (1) shall include the following:
(A) Specification of desired and required--
(i) outcomes;
(ii) cyber warfighting architecture, including--
(I) tools and redirectors;
(II) access platforms; and
(III) data analytics, modeling, and simulation
capacity;
(iii) specific means to achieve and maintain persistent
access and conduct command and control and exfiltration
against hard targets and in operationally challenging
environments across the continuum of conflict;
(iv) intelligence, surveillance, and reconnaissance
support;
(v) operational partnerships with allies;
(vi) rules of engagement;
(vii) personnel, training, and equipment; and
(viii) targeting strategies, including strategies that
do not demand deliberate targeting and precise access to
achieve effects; and
(B) recommendations for such policy or resourcing changes
as the Commander of United States Cyber Command considers
appropriate to address access shortfalls.
(3) Consultation required.--The Commander of United States
Cyber Command shall develop the country-specific access strategies
under paragraph (1) independently but in consultation with the
following:
(A) The Director of the National Security Agency.
(B) The Director of the Central Intelligence Agency.
(C) The Director of the Defense Advanced Research Projects
Agency.
(D) The Director of the Strategic Capabilities Office.
(E) The Under Secretary of Defense for Policy.
(F) The Principal Cyber Advisor to the Secretary of
Defense.
(G) The Commanders of all other combatant commands.
(4) Briefing.--Upon completion of the country-specific access
strategies under paragraph (1), the Commander of United States
Cyber Command shall provide the Deputy Secretary of Defense, the
Vice Chairman of the Joint Chiefs of Staff, the Committee on Armed
Services of the Senate, and the Committee on Armed Services of the
House of Representatives a briefing on such strategies.
(d) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given such term in section 1016(e) of
Public Law 107-56 (42 U.S.C. 5195c(e)).
SEC. 1510. ASSESSING CAPABILITIES TO COUNTER ADVERSARY USE OF
RANSOMWARE, CAPABILITIES, AND INFRASTRUCTURE.
(a) Comprehensive Assessment and Recommendations Required.--Not
later than 180 days after the date of enactment of this section, the
Secretary of Defense shall--
(1) conduct a comprehensive assessment of the policy, capacity,
and capabilities of the Department of Defense to diminish and
defend the United States from the threat of ransomware attacks,
including--
(A) an assessment of the current and potential threats and
risks to national and economic security posed by--
(i) large-scale and sophisticated criminal cyber
enterprises that provide large-scale and sophisticated
cyber attack capabilities and infrastructure used to
conduct ransomware attacks; and
(ii) organizations that conduct or could conduct
ransomware attacks or other attacks that use the
capabilities and infrastructure described in clause (i) on
a large scale against important assets and systems in the
United States, including critical infrastructure;
(B) an assessment of--
(i) the threat posed to the Department of Defense
Information Network and the United States by the large-
scale and sophisticated criminal cyber enterprises,
capabilities, and infrastructure described in subparagraph
(A); and
(ii) the current and potential role of United States
Cyber Command in addressing the threat referred to in
clause (i) including--
(I) the threshold at which United States Cyber
Command should respond to such a threat; and
(II) the capacity for United States Cyber Command
to respond to such a threat without harmful effects on
other United States Cyber Command missions;
(C) an identification of the current and potential
Department efforts, processes, and capabilities to deter and
counter the threat referred to in subparagraph (B)(i),
including through offensive cyber effects operations;
(D) an assessment of the application of the defend forward
and persistent engagement operational concepts and capabilities
of the Department to deter and counter the threat of ransomware
attacks against the United States;
(E) a description of the efforts of the Department in
interagency processes, and joint collaboration with allies and
partners of the United States, to address the growing threat
from large-scale and sophisticated criminal cyber enterprises
that conduct ransomware attacks and could conduct attacks with
other objectives;
(F) a determination of the extent to which the governments
of countries in which large-scale and sophisticated criminal
cyber enterprises are principally located are tolerating the
activities of such enterprises, have interactions with such
enterprises, could direct their operations, and could suppress
such enterprises;
(G) an assessment as to whether the large-scale and
sophisticated criminal cyber enterprises described in
subparagraph (F) are perfecting and practicing attack
techniques and capabilities at scale that can be co-opted and
placed in the service of the country in which such enterprises
are principally located; and
(H) identification of such legislative or administrative
action as may be necessary to more effectively counter the
threat of ransomware attacks; and
(2) develop recommendations for the Department to build
capabilities to develop and execute innovative methods to deter and
counter the threat of ransomware attacks prior to and in response
to the launching of such attacks.
(b) Briefing.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall brief the
congressional defense committees on the comprehensive assessment
completed under paragraph (1) of subsection (a) and the recommendations
developed under paragraph (2) of such subsection.
(c) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given such term in section 1016(e) of
Public Law 107-56 (42 U.S.C. 5195c(e)).
SEC. 1511. COMPARATIVE ANALYSIS OF CYBERSECURITY CAPABILITIES.
(a) Comparative Analysis Required.--Not later than 180 days after
the date of the enactment of this Act, the Chief Information Officer
and the Director of Cost Assessment and Program Evaluation (CAPE) of
the Department of Defense, in consultation with the Principal Cyber
Advisor to the Secretary of Defense and the Chief Information Officers
of each of the military departments, shall jointly sponsor a
comparative analysis, to be conducted by the Director of the National
Security Agency and the Director of the Defense Information Systems
Agency, of the following:
(1) The cybersecurity tools, applications, and capabilities
offered as options on enterprise software agreements for cloud-
based productivity and collaboration suites, such as is offered
under the Defense Enterprise Office Solution and Enterprise
Software Agreement contracts with Department of Defense components,
relative to the cybersecurity tools, applications, and capabilities
that are currently deployed in, or required by, the Department to
conduct--
(A) asset discovery;
(B) vulnerability scanning;
(C) conditional access (also known as ``comply-to-
connect'');
(D) event correlation;
(E) patch management and remediation;
(F) endpoint query and control;
(G) endpoint detection and response;
(H) data rights management;
(I) data loss prevention;
(J) data tagging;
(K) data encryption;
(L) security information and event management; and
(M) security orchestration, automation, and response.
(2) The identity, credential, and access management (ICAM)
system, and associated capabilities to enforce the principle of
least privilege access, offered as an existing option on an
enterprise software agreement described in paragraph (1), relative
to--
(A) the requirements of such system described in the Zero
Trust Reference Architecture of the Department; and
(B) the requirements of such system under development by
the Defense Information Systems Agency.
(3) The artificial intelligence and machine-learning
capabilities associated with the tools, applications, and
capabilities described in paragraphs (1) and (2), and the ability
to host Government or third-party artificial intelligence and
machine-learning algorithms pursuant to contracts referred to in
paragraph (1) for such tools, applications, and capabilities.
(4) The network consolidation and segmentation capabilities
offered on the enterprise software agreements described in
paragraph (1) relative to capabilities projected in the Zero Trust
Reference Architecture.
(5) The automated orchestration and interoperability among the
tools, applications, and capabilities described in paragraphs (1)
through (4).
(b) Elements of Comparative Analysis.--The comparative analysis
conducted under subsection (a) shall include an assessment of the
following:
(1) Costs.
(2) Performance.
(3) Sustainment.
(4) Scalability.
(5) Training requirements.
(6) Maturity.
(7) Human effort requirements.
(8) Speed of integrated operations.
(9) Ability to operate on multiple operating systems and in
multiple cloud environments.
(10) Such other matters as the Chief Information Officer and
the Director of Cost Assessment and Program Evaluation consider
appropriate.
(c) Briefing Required.--Not later than 30 days after the date on
which the comparative analysis required under subsection (a) is
completed, the Chief Information Officer and the Director of Cost
Assessment and Program Evaluation (CAPE) of the Department of Defense
shall jointly provide the congressional defense committees with a
briefing on the findings of the Chief Information Officer and the
Director with respect to such analysis, together with such
recommendations for legislative or administrative action as the Chief
Information Officer and the Director may have with respect to the
matters covered by such analysis.
SEC. 1512. ELIGIBILITY OF OWNERS AND OPERATORS OF CRITICAL
INFRASTRUCTURE TO RECEIVE CERTAIN DEPARTMENT OF DEFENSE SUPPORT AND
SERVICES.
Section 2012 of title 10, United States Code is amended--
(1) in subsection (e)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) Owners and operators of critical infrastructure (as such
term is defined in section 1016(e) of Public Law 107-56 (42 U.S.C.
5195c(e))).''; and
(2) in subsection (f), by adding at the end the following new
paragraph:
``(5) Procedures to ensure that assistance provided to an
entity specified in subsection (e)(3) is provided in a manner that
is consistent with similar assistance provided under authorities
applicable to other Federal departments and agencies, including the
authorities of the Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security pursuant to title XXII of
the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.).''.
SEC. 1513. REPORT ON POTENTIAL DEPARTMENT OF DEFENSE SUPPORT AND
ASSISTANCE FOR INCREASING THE AWARENESS OF THE CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY OF CYBER THREATS AND VULNERABILITIES
AFFECTING CRITICAL INFRASTRUCTURE.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Homeland Security and the National Cyber Director,
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
that provides recommendations on how the Department of Defense can
improve support and assistance to the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security to increase
awareness of cyber threats and vulnerabilities affecting information
technology and networks supporting critical infrastructure within the
United States, including critical infrastructure of the Department and
critical infrastructure relating to the defense of the United States.
(b) Elements of Report.--The report required by subsection (a)
shall--
(1) assess and identify areas in which the Department of
Defense could provide support or assistance, including through
information sharing and voluntary network monitoring programs, to
the Cybersecurity and Infrastructure Security Agency to expand or
increase technical understanding and awareness of cyber threats and
vulnerabilities affecting critical infrastructure;
(2) identify and assess any legal, policy, organizational, or
technical barriers to carrying out paragraph (1);
(3) assess and describe any legal or policy changes necessary
to enable the Department to carry out paragraph (1) while
preserving privacy and civil liberties;
(4) assess and describe the budgetary and other resource
effects on the Department of carrying out paragraph (1); and
(5) provide a notional time-phased plan, including milestones,
to enable the Department to carry out paragraph (1).
(c) Critical Infrastructure Defined.--In this section, the term
``critical infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
Subtitle B--Matters Related to Department of Defense Cybersecurity and
Information Technology
SEC. 1521. ENTERPRISE-WIDE PROCUREMENT OF CYBER DATA PRODUCTS AND
SERVICES.
(a) Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall designate an
executive agent for Department of Defense-wide procurement of cyber
data products and services. The executive agent shall establish a
program management office responsible for such procurement, and the
program manager of such program office shall be responsible for the
following:
(1) Surveying components of the Department for the cyber data
products and services needs of such components.
(2) Conducting market research of cyber data products and
services.
(3) Developing or facilitating development of requirements,
both independently and through consultation with components, for
the acquisition of cyber data products and services.
(4) Developing and instituting model contract language for the
acquisition of cyber data products and services, including contract
language that facilitates components' requirements for ingesting,
sharing, using and reusing, structuring, and analyzing data derived
from such products and services.
(5) Conducting procurement of cyber data products and services
on behalf of the Department of Defense, including negotiating
contracts with a fixed number of licenses based on aggregate
component demand and negotiation of extensible contracts.
(6) Carrying out the responsibilities specified in paragraphs
(1) through (5) with respect to the cyber data products and
services needs of the Cyberspace Operations Forces, such as cyber
data products and services germane to cyberspace topology and
identification of adversary threat activity and infrastructure,
including--
(A) facilitating the development of cyber data products and
services requirements for the Cyberspace Operations Forces,
conducting market research regarding the future cyber data
products and services needs of the Cyberspace Operations
Forces, and conducting acquisitions pursuant to such
requirements and market research;
(B) coordinating cyber data products and services
acquisition and management activities with Joint Cyber
Warfighting Architecture acquisition and management activities,
including activities germane to data storage, data management,
and development of analytics;
(C) implementing relevant Department of Defense and United
States Cyber Command policy germane to acquisition of cyber
data products and services;
(D) leading or informing the integration of relevant
datasets and services, including Government-produced threat
data, commercial cyber threat information, collateral telemetry
data, topology-relevant data, sensor data, and partner-provided
data; and
(E) facilitating the development of tradecraft and
operational workflows based on relevant cyber data products and
services.
(b) Coordination.--In implementing this section, each component of
the Department of Defense shall coordinate its cyber data products and
services requirements and potential procurement plans relating to such
products and services with the program management office established
pursuant to subsection (a) so as to enable such office to determine if
satisfying such requirements or procurement of such products and
services on an enterprise-wide basis would serve the best interests of
the Department.
(c) Prohibition.--Beginning not later than 540 days after the date
of the enactment of this Act, no component of the Department of Defense
may independently procure a cyber data product or service that has been
procured by the program management office established pursuant to
subsection (a), unless--
(1) such component is able to procure such product or service
at a lower per-unit price than that available through such office;
or
(2) such office has approved such independent purchase.
(d) Exception.--United States Cyber Command and the National
Security Agency may conduct joint procurements of products and
services, including cyber data products and services, except that the
requirements of subsections (b) and (c) shall not apply to the National
Security Agency.
(e) Definition.--In this section, the term ``cyber data products
and services'' means commercially-available datasets and analytic
services germane to offensive cyber, defensive cyber, and DODIN
operations, including products and services that provide technical
data, indicators, and analytic services relating to the targets,
infrastructure, tools, and tactics, techniques, and procedures of cyber
threats.
SEC. 1522. LEGACY INFORMATION TECHNOLOGIES AND SYSTEMS ACCOUNTABILITY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretaries of the Army, Navy, and Air Force
shall each initiate efforts to identify legacy applications, software,
and information technology within their respective Departments and
eliminate any such application, software, or information technology
that is no longer required.
(b) Specifications.--To carry out subsection (a), that Secretaries
of the Army, Navy, and Air Force shall each document the following:
(1) An identification of the applications, software, and
information technologies that are considered active or operational,
but which are judged to no longer be required by the respective
Department.
(2) Information relating to the sources of funding for the
applications, software, and information technologies identified
pursuant to paragraph (1).
(3) An identification of the senior official responsible for
each such application, software, or information technology.
(4) A plan to discontinue use and funding for each such
application, software, or information technology.
(c) Exemption.--Any effort substantially similar to that described
in subsections (a) and (b) that is being carried out by the Secretary
of the Army, Navy, or Air Force as of the date of the enactment of this
Act and completed not later 180 days after such date shall be treated
as satisfying the requirements under such subsections.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretaries of the Army, Navy, and Air Force
shall each submit to the congressional defense committees the
documentation required under subsection (b).
SEC. 1523. UPDATE RELATING TO RESPONSIBILITIES OF CHIEF INFORMATION
OFFICER.
Paragraph (1) of section 142(b) of title 10, United States Code,
is amended--
(1) in subparagraphs (A), (B), and (C), by striking ``(other
than with respect to business management)'' each place it appears;
and
(2) by amending subparagraph (D) to read as follows:
``(D) exercises authority, direction, and control over the
Activities of the Cybersecurity Directorate, or any successor
organization, of the National Security Agency, funded through
the Information Systems Security Program;''.
SEC. 1524. PROTECTIVE DOMAIN NAME SYSTEM WITHIN THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall ensure each
component of the Department of Defense uses a Protective Domain Name
System (PDNS) instantiation offered by the Department.
(b) Exemptions.--The Secretary of Defense may exempt a component of
the Department from using a PDNS instantiation for any reason except
with respect to cost or technical application.
(c) Report to Congress.--Not later than 150 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes information
relating to--
(1) each component of the Department of Defense that uses a
PDNS instantiation offered by the Department;
(2) each component exempt from using a PDNS instantiation
pursuant to subsection (b); and
(3) efforts to ensure that each PDNS instantiation offered by
the Department connects and shares relevant and timely data.
SEC. 1525. CYBERSECURITY OF WEAPON SYSTEMS.
Section 1640 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2224 note), is amended by
adding at the end the following new subsection:
``(f) Annual Reports.--Not later than August 30, 2022, and annually
thereafter through 2024, the Secretary of Defense shall provide to the
congressional defense committees a report on the work of the Program,
including information relating to staffing and accomplishments.''.
SEC. 1526. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMATION PROGRAM.
Section 1648 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 2224 note), is amended--
(1) in subsection (a), by striking ``February 1, 2020'' and
inserting ``180 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2022''; and
(2) in subsection (b), by amending paragraph (4) to read as
follows:
``(4) Definitions for `Controlled Unclassified Information'
(CUI) and `For Official Use Only' (FOUO), policies regarding
protecting information designated as either of such, and an
explanation of the `DoD CUI Program' and Department of Defense
compliance with the responsibilities specified in Department of
Defense Instruction (DoDI) 5200.48, `Controlled Unclassified
Information (CUI),' including the following:
``(A) The extent to which the Department of Defense is
identifying whether information is CUI via a contracting
vehicle and marking documents, material, and media containing
such information in a clear and consistent manner.
``(B) Recommended regulatory or policy changes to ensure
consistency and clarity in CUI identification and marking
requirements.
``(C) Circumstances under which commercial information is
considered CUI, and any impacts to the commercial supply chain
associated with security and marking requirements pursuant to
this paragraph.
``(D) Benefits and drawbacks of requiring all CUI to be
marked with a unique CUI legend, versus requiring that all data
marked with an appropriate restricted legend be handled as CUI.
``(E) The extent to which the Department of Defense clearly
delineates Federal Contract Information (FCI) from CUI.
``(F) Examples or scenarios to illustrate information that
is and is not CUI.''.
SEC. 1527. CYBER DATA MANAGEMENT.
(a) In General.--The Commander of United States Cyber Command and
the Secretaries of the military departments, in coordination with the
Principal Cyber Advisor to the Secretary, the Chief Information Officer
and the Chief Data Officer of the Department of Defense, and the
Chairman of the Joint Chiefs of Staff, shall--
(1) access, acquire, and use mission-relevant data to support
offensive cyber, defensive cyber, and DODIN operations from the
intelligence community, other elements of the Department of
Defense, and the private sector;
(2) develop policy, processes, and operating procedures
governing the access, ingest, structure, storage, analysis, and
combination of mission-relevant data, including--
(A) intelligence data;
(B) internet traffic, topology, and activity data;
(C) cyber threat information;
(D) Department of Defense Information Network sensor, tool,
routing infrastructure, and endpoint data; and
(E) other data management and analytic platforms pertinent
to United States Cyber Command missions that align with the
principles of Joint All Domain Command and Control;
(3) pilot efforts to develop operational workflows and tactics,
techniques, and procedures for the operational use of mission-
relevant data by the Cyberspace Operations Forces; and
(4) evaluate data management platforms used to carry out
paragraphs (1), (2), and (3) to ensure such platforms operate
consistently with the Deputy Secretary of Defense's Data Decrees
signed on May 5, 2021.
(b) Roles and Responsibilities.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the Commander of United States Cyber Command
and the Secretaries of the military departments, in coordination
with the Principal Cyber Advisor to the Secretary, the Chief
Information Officer and Chief Data Officer of the Department of
Defense, and the Chairman of the Joint Chiefs of Staff, shall
establish the specific roles and responsibilities of the following
in implementing each of the tasks required under subsection (a):
(A) United States Cyber Command.
(B) Program offices responsible for the components of the
Joint Cyber Warfighting Architecture.
(C) The military services.
(D) Entities in the Office of the Secretary of Defense.
(E) Any other program office, headquarters element, or
operational component newly instantiated or determined relevant
by the Secretary.
(2) Briefing.--Not later than 300 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the roles and
responsibilities established under paragraph (1).
SEC. 1528. ZERO TRUST STRATEGY, PRINCIPLES, MODEL ARCHITECTURE, AND
IMPLEMENTATION PLANS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Chief Information Officer of the Department
of Defense and the Commander of United States Cyber Command shall
jointly develop a zero trust strategy, principles, and a model
architecture to be implemented across the Department of Defense
Information Network, including classified networks, operational
technology, and weapon systems.
(b) Strategy, Principles, and Model Architecture Elements.--The
zero trust strategy, principles, and model architecture required under
subsection (a) shall include, at a minimum, the following elements:
(1) Prioritized policies and procedures for establishing
implementations of mature zero trust enabling capabilities within
on-premises, hybrid, and pure cloud environments, including access
control policies that determine which persona or device shall have
access to which resources and the following:
(A) Identity, credential, and access management.
(B) Macro and micro network segmentation, whether in
virtual, logical, or physical environments.
(C) Traffic inspection.
(D) Application security and containment.
(E) Transmission, ingest, storage, and real-time analysis
of cybersecurity metadata endpoints, networks, and storage
devices.
(F) Data management, data rights management, and access
controls.
(G) End-to-end encryption.
(H) User access and behavioral monitoring, logging, and
analysis.
(I) Data loss detection and prevention methodologies.
(J) Least privilege, including system or network
administrator privileges.
(K) Endpoint cybersecurity, including secure host, endpoint
detection and response, and comply-to-connect requirements.
(L) Automation and orchestration.
(M) Configuration management of virtual machines, devices,
servers, routers, and similar to be maintained on a single
virtual device approved list (VDL).
(2) Policies specific to operational technology, critical data,
infrastructures, weapon systems, and classified networks.
(3) Specification of enterprise-wide acquisitions of
capabilities conducted or to be conducted pursuant to the policies
referred to in paragraph (2).
(4) Specification of standard zero trust principles supporting
reference architectures and metrics-based assessment plan.
(5) Roles, responsibilities, functions, and operational
workflows of zero trust cybersecurity architecture and information
technology personnel--
(A) at combatant commands, military services, and defense
agencies; and
(B) Joint Forces Headquarters-Department of Defense
Information Network.
(c) Architecture Development and Implementation.--In developing and
implementing the zero trust strategy, principles, and model
architecture required under subsection (a), the Chief Information
Officer of the Department of Defense and the Commander of United States
Cyber Command shall--
(1) coordinate with--
(A) the Principal Cyber Advisor to the Secretary of
Defense;
(B) the Director of the National Security Agency
Cybersecurity Directorate;
(C) the Director of the Defense Advanced Research Projects
Agency;
(D) the Chief Information Officer of each military service;
(E) the Commanders of the cyber components of the military
services;
(F) the Principal Cyber Advisor of each military service;
(G) the Chairman of the Joints Chiefs of Staff; and
(H) any other component of the Department of Defense as
determined by the Chief Information Officer and the Commander;
(2) assess the utility of the Joint Regional Security Stacks,
automated continuous endpoint monitoring program, assured
compliance assessment solution, and each of the defenses at the
Internet Access Points for their relevance and applicability to the
zero trust architecture and opportunities for integration or
divestment;
(3) employ all available resources, including online training,
leveraging commercially available zero trust training material, and
other Federal agency training, where feasible, to implement
cybersecurity training on zero trust at the--
(A) executive level;
(B) cybersecurity professional or implementer level; and
(C) general knowledge levels for Department of Defense
users;
(4) facilitate cyber protection team and cybersecurity service
provider threat hunting and discovery of novel adversary activity;
(5) assess and implement means to effect Joint Force
Headquarters-Department of Defense Information Network's automated
command and control of the entire Department of Defense Information
Network;
(6) assess the potential of and, as appropriate, encourage, use
of third-party cybersecurity-as-a-service models;
(7) engage with and conduct outreach to industry, academia,
international partners, and other departments and agencies of the
Federal Government on issues relating to deployment of zero trust
architectures;
(8) assess the current Comply-to-Connect Plan; and
(9) review past and conduct additional pilots to guide
development, including--
(A) utilization of networks designated for testing and
accreditation under section 1658 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2224 note);
(B) use of automated red team products for assessment of
pilot architectures; and
(C) accreditation of piloted cybersecurity products for
enterprise use in accordance with the findings on enterprise
accreditation standards conducted pursuant to section 1654 of
such Act (Public Law 116-92).
(d) Implementation Plans.--
(1) In general.--Not later than one year after the finalization
of the zero trust strategy, principles, and model architecture
required under subsection (a), the head of each military department
and the head of each component of the Department of Defense shall
transmit to the Chief Information Officer of the Department and the
Commander of Joint Forces Headquarters-Department of Defense
Information Network a draft plan to implement such zero trust
strategy, principles, and model architecture across the networks of
their respective components and military departments.
(2) Elements.--Each implementation plan transmitted pursuant to
paragraph (1) shall include, at a minimum, the following:
(A) Specific acquisitions, implementations,
instrumentations, and operational workflows to be implemented
across unclassified and classified networks, operational
technology, and weapon systems.
(B) A detailed schedule with target milestones and required
expenditures.
(C) Interim and final metrics, including a phase migration
plan.
(D) Identification of additional funding, authorities, and
policies, as may be required.
(E) Requested waivers, exceptions to Department of Defense
policy, and expected delays.
(e) Implementation Oversight.--
(1) In general.--The Chief Information Officer of the
Department of Defense shall--
(A) assess the implementation plans transmitted pursuant to
subsection (d)(1) for--
(i) adequacy and responsiveness to the zero trust
strategy, principles, and model architecture required under
subsection (a); and
(ii) appropriate use of enterprise-wide acquisitions;
(B) ensure, at a high level, the interoperability and
compatibility of individual components' Solutions
Architectures, including the leveraging of enterprise
capabilities where appropriate through standards derivation,
policy, and reviews;
(C) use the annual investment guidance of the Chief to
ensure appropriate implementation of such plans, including
appropriate use of enterprise-wide acquisitions;
(D) track use of waivers and exceptions to policy;
(E) use the Cybersecurity Scorecard to track and drive
implementation of Department components; and
(F) leverage the authorities of the Commander of Joint
Forces Headquarters-Department of Defense Information Network
and the Director of the Defense Information Systems Agency to
begin implementation of such zero trust strategy, principles,
and model architecture.
(2) Assessments of funding.--Not later than March 31, 2024, and
annually thereafter, each Principal Cyber Advisor of a military
service shall include in the annual budget certification of such
military service, as required by section 1657(d) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
10 U.S.C. 391 note), an assessment of the adequacy of funding
requested for each proposed budget for the purposes of carrying out
the implementation plan for such military service under subsection
(d)(1).
(f) Initial Briefings.--
(1) On model architecture.--Not later than 90 days after
finalizing the zero trust strategy, principles, and model
architecture required under subsection (a), the Chief Information
Officer of the Department of Defense and the Commander of Joint
Forces Headquarters-Department of Defense Information Network shall
provide to the congressional defense committees a briefing on such
zero trust strategy, principles, and model architecture.
(2) On implementation plans.--Not later than 90 days after the
receipt by the Chief Information Officer of the Department of
Defense of an implementation plan transmitted pursuant to
subsection (d)(1), the secretary of a military department, in the
case of an implementation plan pertaining to a military department
or a military service, or the Chief Information Officer of the
Department, in the case of an implementation plan pertaining to a
remaining component of the Department, as the case may be, shall
provide to the congressional defense committees a briefing on such
implementation plan.
(g) Annual Briefings.--Effective February 1, 2022, at each of the
annual cybersecurity budget review briefings of the Chief Information
Officer of the Department of Defense and the military services for
congressional staff, until January 1, 2030, the Chief Information
Officer and the head of each of the military services shall provide
updates on the implementation in their respective networks of the zero
trust strategy, principles, and model architecture.
SEC. 1529. DEMONSTRATION PROGRAM FOR AUTOMATED SECURITY VALIDATION
TOOLS.
(a) Demonstration Program Required.--Not later than October 1,
2024, the Chief Information Officer of the Department of Defense,
acting through the Director of the Defense Information Systems Agency
of the Department, shall complete a demonstration program to
demonstrate and assess an automated security validation capability to
assist the Department by--
(1) mitigating cyber hygiene challenges;
(2) supporting ongoing efforts of the Department to assess
weapon systems resiliency;
(3) quantifying enterprise security effectiveness of enterprise
security controls, to inform future acquisition decisions of the
Department;
(4) assisting portfolio managers with balancing capability
costs and capability coverage of the threat landscape; and
(5) supporting the Department's Cybersecurity Analysis and
Review threat framework.
(b) Considerations.--In developing capabilities for the
demonstration program required under subsection (a), the Chief
Information Officer shall consider--
(1) integration into automated security validation tools of
advanced commercially available threat intelligence;
(2) metrics and scoring of security controls;
(3) cyber analysis, cyber campaign tracking, and cybersecurity
information sharing;
(4) integration into cybersecurity enclaves and existing
cybersecurity controls of security instrumentation and testing
capability;
(5) endpoint sandboxing; and
(6) use of actual adversary attack methodologies.
(c) Coordination With Military Services.--In carrying out the
demonstration program required under subsection (a), the Chief
Information Officer, acting through the Director of the Defense
Information Systems Agency, shall coordinate demonstration program
activities with complementary efforts on-going within the military
services, defense agencies, and field agencies.
(d) Independent Capability Assessment.--In carrying out the
demonstration program required under subsection (a), the Chief
Information Officer, acting through the Director of the Defense
Information Systems Agency and in coordination with the Director,
Operational Test and Evaluation, shall perform operational testing to
evaluate the operational effectiveness, suitability, and cybersecurity
of the capabilities developed under the demonstration program.
(e) Briefing.--
(1) Initial briefing.--Not later than April 1, 2022, the Chief
Information Officer shall brief the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives on the plans and status of the Chief Information
Officer with respect to the demonstration program required under
subsection (a).
(2) Final briefing.--Not later than October 31, 2024, the Chief
Information Officer shall brief the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives on the results and findings of the Chief
Information Officer with respect to the demonstration program
required under subsection (a).
SEC. 1530. IMPROVEMENTS TO CONSORTIUM OF UNIVERSITIES TO ADVISE
SECRETARY OF DEFENSE ON CYBERSECURITY MATTERS.
Section 1659 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``one or more consortia'' and inserting ``a consortium''; and
(B) in paragraph (1), by striking ``or consortia'';
(2) in subsection (b), by striking ``or consortia'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Designation of administrative chair.--The Secretary of
Defense shall designate the National Defense University College of
Information and Cyberspace to function as the administrative chair
of the consortium established pursuant to subsection (a).'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(D) in paragraph (2), as so redesignated--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``Each administrative'' and
inserting ``The administrative''; and
(II) by striking ``a consortium'' and inserting
``the consortium''; and
(ii) in subparagraph (A), by striking ``for the term
specified by the Secretary under paragraph (1)''; and
(E) by amending paragraph (3), as so redesignated, to read
as follows:
``(3) Executive committee.--The Secretary, in consultation with
the administrative chair, may form an executive committee for the
consortium that is comprised of representatives of the Federal
Government to assist the chair with the management and functions of
the consortium.''; and
(4) by amending subsection (d) to read as follows:
``(d) Consultation.--The Secretary shall meet with such members of
the consortium as the Secretary considers appropriate, not less
frequently than twice each year or at such periodicity as is agreed to
by the Secretary and the consortium.''.
SEC. 1531. DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND WORKING GROUP.
(a) Plan Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the
working group established under subsection (d)(1), shall develop a plan
for the establishment of a modern information technology infrastructure
that supports state of the art tools and modern processes to enable
effective and efficient development, testing, fielding, and continuous
updating of artificial intelligence-capabilities.
(b) Contents of Plan.--The plan developed pursuant to subsection
(a) shall include at a minimum the following:
(1) A technical plan and guidance for necessary technical
investments in the infrastructure described in subsection (a) that
address critical technical issues, including issues relating to
common interfaces, authentication, applications, platforms,
software, hardware, and data infrastructure.
(2) A governance structure, together with associated policies
and guidance, to support the implementation throughout the
Department of such plan.
(3) Identification and minimum viable instantiations of
prototypical development and platform environments with such
infrastructure, including enterprise data sets assembled under
subsection (e).
(c) Harmonization With Departmental Efforts.--The plan developed
pursuant to subsection (a) shall include a description of the
aggregated and consolidated financial and personnel requirements
necessary to implement each of the following Department of Defense
documents:
(1) The Department of Defense Digital Modernization Strategy.
(2) The Department of Defense Data Strategy.
(3) The Department of Defense Cloud Strategy.
(4) The Department of Defense Software Modernization Strategy.
(5) The Department-wide software science and technology
strategy required under section 255 of the National Defense
Authorization Act for Fiscal Year 2020 (10 U.S.C. 2223a note).
(6) The Department of Defense Artificial Intelligence Data
Initiative.
(7) The Joint All-Domain Command and Control Strategy.
(8) Such other documents as the Secretary determines
appropriate.
(d) Working Group.--
(1) Establishment.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall establish
a working group on digital development infrastructure
implementation to develop the plan required under subsection (a).
(2) Membership.--The working group established under paragraph
(1) shall be composed of individuals selected by the Secretary of
Defense to represent each of the following:
(A) The Office of Chief Data Officer (CDO).
(B) The Component Offices of Chief Information Officer and
Chief Digital Officer.
(C) The Joint Artificial Intelligence Center (JAIC).
(D) The Office of the Under Secretary of Defense for
Research & Engineering (OUSD (R&E)).
(E) The Office of the Under Secretary of Defense for
Acquisition & Sustainment (OUSD (A&S)).
(F) The Office of the Under Secretary of Defense for
Intelligence & Security (OUSD (I&S)).
(G) Service Acquisition Executives.
(H) The Office of the Director of Operational Test and
Evaluation (DOT&E).
(I) The office of the Director of the Defense Advanced
Research Projects Agency (DARPA).
(J) Digital development infrastructure programs, including
the appropriate activities of the military services and defense
agencies.
(K) Such other officials of the Department of Defense as
the Secretary determines appropriate.
(3) Chairperson.--The chairperson of the working group
established under paragraph (1) shall be the Chief Information
Officer of the Department of Defense, or such other official as the
Secretary of Defense considers appropriate.
(4) Consultation.--The working group shall consult with such
experts outside of the Department of Defense as the working group
considers necessary to develop the plan required under subsection
(a).
(e) Strategic Data Node.--To enable efficient access to enterprise
data sets referred to in subsection (b)(3) for users with authorized
access, the Secretary of Defense shall assemble such enterprise data
sets in the following areas:
(1) Human resources.
(2) Budget and finance.
(3) Acquisition.
(4) Logistics.
(5) Real estate.
(6) Health care.
(7) Such other areas as the Secretary considers appropriate.
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of the
development of the plan required under subsection (a).
SEC. 1532. STUDY REGARDING ESTABLISHMENT WITHIN THE DEPARTMENT OF
DEFENSE OF A DESIGNATED CENTRAL PROGRAM OFFICE TO OVERSEE ACADEMIC
ENGAGEMENT PROGRAMS RELATING TO ESTABLISHING CYBER TALENT ACROSS THE
DEPARTMENT.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a study regarding the need,
feasibility, and advisability of establishing within the Department of
Defense a designated central program office responsible for overseeing
covered academic engagement programs across the Department. Such study
shall examine the following:
(1) Whether the Department's cyber-focused academic engagement
needs more coherence, additional coordination, or improved
management, and whether a designated central program office would
provide such benefits.
(2) How such a designated central program office would
coordinate and harmonize Department programs relating to covered
academic engagement programs.
(3) Metrics such office would use to measure the effectiveness
of covered academic engagement programs.
(4) Whether such an office is necessary to serve as an
identifiable entry point to the Department by the academic
community.
(5) Whether the cyber discipline with respect to academic
engagement should be treated separately from other STEM fields.
(6) How such an office would interact with the consortium
universities (established pursuant to section 1659 of the National
Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 391
note)) to assist the Secretary on cybersecurity matters.
(7) Whether the establishment of such an office would have an
estimated net savings for the Department.
(b) Consultation.--In conducting the study required under
subsection (a), the Secretary of Defense shall consult with and solicit
recommendations from academic institutions and stakeholders, including
primary, secondary, and post-secondary educational institutions.
(c) Determination.--
(1) In general.--Upon completion of the study required under
subsection (a), the Secretary of Defense shall make a determination
regarding the establishment within the Department of Defense of a
designated central program office responsible for overseeing
covered academic engagement programs across the Department.
(2) Implementation.--If the Secretary of Defense makes an
affirmative determination in accordance with paragraph (1), the
Secretary shall establish within the Department of Defense a
designated central program office responsible for overseeing
covered academic programs across the Department. Not later than 180
days after such a determination, the Secretary shall promulgate
such rules and regulations as are necessary to so establish such an
office.
(3) Negative determination.--If the Secretary of Defense makes
a negative determination in accordance with paragraph (1), the
Secretary shall submit to the congressional defense committees
notice of such determination, together with a justification for
such determination. Such justification shall include--
(A) how the Secretary intends to coordinate and harmonize
covered academic engagement programs; and
(B) measures to determine effectiveness of covered academic
engagement programs absent a designated central program office
responsible for overseeing covered academic programs across the
Department.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that updates the matters
required for inclusion in the reports required pursuant to section 1649
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) and section 1726(c) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
(e) Definition.--In this section, the term ``covered academic
engagement program'' means each of the following:
(1) Primary, secondary, or post-secondary education programs
with a cyber focus.
(2) Recruitment or retention programs for Department of Defense
cyberspace personnel, including scholarship programs.
(3) Academic partnerships focused on establishing cyber talent.
(4) Cyber enrichment programs.
SEC. 1533. REPORT ON THE CYBERSECURITY MATURITY MODEL CERTIFICATION
PROGRAM.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the plans and
recommendations of the Secretary for the Cyber Maturity Model
Certification program.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) The programmatic changes required in the Cyber Maturity
Model Certification program to address the plans and
recommendations of the Secretary of Defense referred to in such
subsection.
(2) The strategy of the Secretary for rulemaking for such
program and the process for the Cybersecurity Maturity Model
Certification rule.
(3) The budget and resources required to support such program.
(4) A plan for communication and coordination with the defense
industrial base regarding such program.
(5) The coordination needed within the Department of Defense
and between Federal agencies for such program.
(6) The applicability of such program requirements to
universities and academic partners of the Department.
(7) A plan for communication and coordination with such
universities and academic partners regarding such program.
(8) Plans and explicit public announcement of processes for
reimbursement of cybersecurity compliance expenses for small and
non-traditional businesses in the defense industrial base.
(9) Plans for ensuring that persons seeking a Department
contract for the first time are not required to expend funds to
acquire cybersecurity capabilities and a certification required to
perform under a contract as a precondition for bidding on such a
contract without reimbursement in the event that such persons do
not receive a contract award.
(10) Clarification of roles and responsibilities of prime
contractors for assisting and managing cybersecurity performance of
subcontractors.
(11) Such additional matters as the Secretary considers
appropriate.
SEC. 1534. DEADLINE FOR REPORTS ON ASSESSMENT OF CYBER RESILIENCY OF
NUCLEAR COMMAND AND CONTROL SYSTEM.
Subsection (c) of section 499 of title 10, United States Code, is
amended--
(1) in the heading, by striking ``Report'' and inserting
``Reports'';
(2) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking ``The Commanders'' and inserting ``For each
assessment conducted under subsection (a), the Commanders'';
and
(B) by striking ``the assessment required by subsection
(a)'' and inserting ``the assessment'';
(3) in paragraph (2), by striking ``the report'' and inserting
``each report''; and
(4) in paragraph (3)--
(A) by striking ``The Secretary'' and inserting ``Not later
than 90 days after the date of the submission of a report under
paragraph (1), the Secretary''; and
(B) by striking ``required by paragraph (1)''.
Subtitle C--Matters Related to Federal Cybersecurity
SEC. 1541. CAPABILITIES OF THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY TO IDENTIFY THREATS TO INDUSTRIAL CONTROL SYSTEMS.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (e)(1)--
(A) in subparagraph (G), by striking ``and;'' after the
semicolon;
(B) in subparagraph (H), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(I) activities of the Center address the security of both
information technology and operational technology, including
industrial control systems;''; and
(2) by adding at the end the following new subsection:
``(q) Industrial Control Systems.--The Director shall maintain
capabilities to identify and address threats and vulnerabilities to
products and technologies intended for use in the automated control of
critical infrastructure processes. In carrying out this subsection, the
Director shall--
``(1) lead Federal Government efforts, in consultation with
Sector Risk Management Agencies, as appropriate, to identify and
mitigate cybersecurity threats to industrial control systems,
including supervisory control and data acquisition systems;
``(2) maintain threat hunting and incident response
capabilities to respond to industrial control system cybersecurity
risks and incidents;
``(3) provide cybersecurity technical assistance to industry
end-users, product manufacturers, Sector Risk Management Agencies,
other Federal agencies, and other industrial control system
stakeholders to identify, evaluate, assess, and mitigate
vulnerabilities;
``(4) collect, coordinate, and provide vulnerability
information to the industrial control systems community by, as
appropriate, working closely with security researchers, industry
end-users, product manufacturers, Sector Risk Management Agencies,
other Federal agencies, and other industrial control systems
stakeholders; and
``(5) conduct such other efforts and assistance as the
Secretary determines appropriate.''.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act and every six months thereafter during the
subsequent 4-year period, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security
shall provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a briefing on the industrial control systems
capabilities of the Agency under section 2209 of the Homeland Security
Act of 2002 (6 U.S.C. 659), as amended by subsection (a).
(c) GAO Review.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall review implementation of the requirements of subsections
(e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659), as amended by subsection (a), and submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report that includes findings and recommendations relating to such
implementation. Such report shall include information on the following:
(1) Any interagency coordination challenges to the ability of
the Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security to lead Federal
efforts to identify and mitigate cybersecurity threats to
industrial control systems pursuant to subsection (p)(1) of such
section.
(2) The degree to which the Agency has adequate capacity,
expertise, and resources to carry out threat hunting and incident
response capabilities to mitigate cybersecurity threats to
industrial control systems pursuant to subsection (p)(2) of such
section, as well as additional resources that would be needed to
close any operational gaps in such capabilities.
(3) The extent to which industrial control system stakeholders
sought cybersecurity technical assistance from the Agency pursuant
to subsection (p)(3) of such section, and the utility and
effectiveness of such technical assistance.
(4) The degree to which the Agency works with security
researchers and other industrial control systems stakeholders,
pursuant to subsection (p)(4) of such section, to provide
vulnerability information to the industrial control systems
community.
SEC. 1542. CYBERSECURITY VULNERABILITIES.
Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) the term `cybersecurity vulnerability' has the meaning
given the term `security vulnerability' in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501);''.
(2) in subsection (c)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) by redesignating subparagraph (B) as subparagraph
(C);
(iii) by inserting after subparagraph (A) the following
new subparagraph:
``(B) sharing mitigation protocols to counter cybersecurity
vulnerabilities pursuant to subsection (n), as appropriate; and'';
and
(iv) in subparagraph (C), as so redesignated, by
inserting ``and mitigation protocols to counter
cybersecurity vulnerabilities in accordance with
subparagraph (B), as appropriate,'' before ``with
Federal'';
(B) in paragraph (7)(C), by striking ``sharing'' and
inserting ``share''; and
(C) in paragraph (9), by inserting ``mitigation protocols
to counter cybersecurity vulnerabilities, as appropriate,''
after ``measures,'';
(3) by redesignating subsection (o) as subsection (p); and
(4) by inserting after subsection (n) following new subsection:
``(o) Protocols to Counter Certain Cybersecurity Vulnerabilities.--
The Director may, as appropriate, identify, develop, and disseminate
actionable protocols to mitigate cybersecurity vulnerabilities to
information systems and industrial control systems, including in
circumstances in which such vulnerabilities exist because software or
hardware is no longer supported by a vendor.''.
SEC. 1543. REPORT ON CYBERSECURITY VULNERABILITIES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on how the Agency carries out subsection
(n) of section 2209 of the Homeland Security Act of 2002 to coordinate
vulnerability disclosures, including disclosures of cybersecurity
vulnerabilities (as such term is defined in such section), and
subsection (o) of such section to disseminate actionable protocols to
mitigate cybersecurity vulnerabilities to information systems and
industrial control systems, that include the following:
(1) A description of the policies and procedures relating to
the coordination of vulnerability disclosures.
(2) A description of the levels of activity in furtherance of
such subsections (n) and (o) of such section 2209.
(3) Any plans to make further improvements to how information
provided pursuant to such subsections can be shared (as such term
is defined in such section 2209) between the Department and
industry and other stakeholders.
(4) Any available information on the degree to which such
information was acted upon by industry and other stakeholders.
(5) A description of how privacy and civil liberties are
preserved in the collection, retention, use, and sharing of
vulnerability disclosures.
(b) Form.--The report required under subsection (b) shall be
submitted in unclassified form but may contain a classified annex.
SEC. 1544. COMPETITION RELATING TO CYBERSECURITY VULNERABILITIES.
The Under Secretary for Science and Technology of the Department of
Homeland Security, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency of the Department, may
establish an incentive-based program that allows industry, individuals,
academia, and others to compete in identifying remediation solutions
for cybersecurity vulnerabilities (as such term is defined in section
2209 of the Homeland Security Act of 2002) to information systems (as
such term is defined in such section 2209) and industrial control
systems, including supervisory control and data acquisition systems.
SEC. 1545. STRATEGY.
Section 2210 of the Homeland Security Act of 2002 (6 U.S.C. 660) is
amended by adding at the end the following new subsection:
``(e) Homeland Security Strategy to Improve the Cybersecurity of
State, Local, Tribal, and Territorial Governments.--
``(1) In general.--
``(A) Requirement.--Not later than one year after the date
of the enactment of this subsection, the Secretary, acting
through the Director, shall, in coordination with the heads of
appropriate Federal agencies, State, local, Tribal, and
territorial governments, and other stakeholders, as
appropriate, develop and make publicly available a Homeland
Security Strategy to Improve the Cybersecurity of State, Local,
Tribal, and Territorial Governments.
``(B) Recommendations and requirements.--The strategy
required under subparagraph (A) shall provide recommendations
relating to the ways in which the Federal Government should
support and promote the ability of State, local, Tribal, and
territorial governments to identify, mitigate against, protect
against, detect, respond to, and recover from cybersecurity
risks (as such term is defined in section 2209), cybersecurity
threats, and incidents (as such term is defined in section
2209).
``(2) Contents.--The strategy required under paragraph (1)
shall--
``(A) identify capability gaps in the ability of State,
local, Tribal, and territorial governments to identify, protect
against, detect, respond to, and recover from cybersecurity
risks, cybersecurity threats, incidents, and ransomware
incidents;
``(B) identify Federal resources and capabilities that are
available or could be made available to State, local, Tribal,
and territorial governments to help those governments identify,
protect against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats, incidents, and
ransomware incidents;
``(C) identify and assess the limitations of Federal
resources and capabilities available to State, local, Tribal,
and territorial governments to help those governments identify,
protect against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats, incidents, and
ransomware incidents and make recommendations to address such
limitations;
``(D) identify opportunities to improve the coordination of
the Agency with Federal and non-Federal entities, such as the
Multi-State Information Sharing and Analysis Center, to
improve--
``(i) incident exercises, information sharing and
incident notification procedures;
``(ii) the ability for State, local, Tribal, and
territorial governments to voluntarily adapt and implement
guidance in Federal binding operational directives; and
``(iii) opportunities to leverage Federal schedules for
cybersecurity investments under section 502 of title 40,
United States Code;
``(E) recommend new initiatives the Federal Government
should undertake to improve the ability of State, local,
Tribal, and territorial governments to identify, protect
against, detect, respond to, and recover from cybersecurity
risks, cybersecurity threats, incidents, and ransomware
incidents;
``(F) set short-term and long-term goals that will improve
the ability of State, local, Tribal, and territorial
governments to identify, protect against, detect, respond to,
and recover from cybersecurity risks, cybersecurity threats,
incidents, and ransomware incidents; and
``(G) set dates, including interim benchmarks, as
appropriate for State, local, Tribal, and territorial
governments to establish baseline capabilities to identify,
protect against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats, incidents, and
ransomware incidents.
``(3) Considerations.--In developing the strategy required
under paragraph (1), the Director, in coordination with the heads
of appropriate Federal agencies, State, local, Tribal, and
territorial governments, and other stakeholders, as appropriate,
shall consider--
``(A) lessons learned from incidents that have affected
State, local, Tribal, and territorial governments, and
exercises with Federal and non-Federal entities;
``(B) the impact of incidents that have affected State,
local, Tribal, and territorial governments, including the
resulting costs to such governments;
``(C) the information related to the interest and ability
of state and non-state threat actors to compromise information
systems (as such term is defined in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501)) owned or operated by
State, local, Tribal, and territorial governments; and
``(D) emerging cybersecurity risks and cybersecurity
threats to State, local, Tribal, and territorial governments
resulting from the deployment of new technologies.
``(4) Exemption.--Chapter 35 of title 44, United States Code
(commonly known as the `Paperwork Reduction Act'), shall not apply
to any action to implement this subsection.''.
SEC. 1546. CYBER INCIDENT RESPONSE PLAN.
Subsection (c) of section 2210 of the Homeland Security Act of 2002
(6 U.S.C. 660) is amended--
(1) by striking ``regularly update'' and inserting ``update not
less often than biennially''; and
(2) by adding at the end the following new sentence: ``The
Director, in consultation with relevant Sector Risk Management
Agencies and the National Cyber Director, shall develop mechanisms
to engage with stakeholders to educate such stakeholders regarding
Federal Government cybersecurity roles and responsibilities for
cyber incident response.''.
SEC. 1547. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220B. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency the
National Cyber Exercise Program (referred to in this section as the
`Exercise Program') to evaluate the National Cyber Incident
Response Plan, and other related plans and strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall be--
``(i) based on current risk assessments, including
credible threats, vulnerabilities, and consequences;
``(ii) designed, to the extent practicable, to simulate
the partial or complete incapacitation of a government or
critical infrastructure network resulting from a cyber
incident;
``(iii) designed to provide for the systematic
evaluation of cyber readiness and enhance operational
understanding of the cyber incident response system and
relevant information sharing agreements; and
``(iv) designed to promptly develop after-action
reports and plans that can quickly incorporate lessons
learned into future operations.
``(B) Model exercise selection.--The Exercise Program
shall--
``(i) include a selection of model exercises that
government and private entities can readily adapt for use;
and
``(ii) aid such governments and private entities with
the design, implementation, and evaluation of exercises
that--
``(I) conform to the requirements described in
subparagraph (A);
``(II) are consistent with any applicable national,
State, local, or Tribal strategy or plan; and
``(III) provide for systematic evaluation of
readiness.
``(3) Consultation.--In carrying out the Exercise Program, the
Director may consult with appropriate representatives from Sector
Risk Management Agencies, the Office of the National Cyber
Director, cybersecurity research stakeholders, and Sector
Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, the United States Virgin Islands,
Guam, American Samoa, and any other territory or possession of the
United States.
``(2) Private entity.--The term `private entity' has the
meaning given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).
``(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authorities or responsibilities of the
Administrator of the Federal Emergency Management Agency pursuant to
section 648 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 748).''.
(b) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(i) in section 2202(c) (6 U.S.C. 652(c))--
(I) in paragraph (11), by striking ``and'' after
the semicolon;
(II) in the first paragraph (12) (relating to
appointment of a Cybersecurity State Coordinator) by
striking ``as described in section 2215; and'' and
inserting ``as described in section 2217;'';
(III) by redesignating the second paragraph (12)
(relating to the .gov internet domain) as paragraph
(13); and
(IV) by redesignating the third paragraph (12)
(relating to carrying out such other duties and
responsibilities) as paragraph (14);
(ii) in the first section 2215 (6 U.S.C. 665; relating
to the duties and authorities relating to .gov internet
domain), by amending the section enumerator and heading to
read as follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(iii) in the second section 2215 (6 U.S.C. 665b;
relating to the joint cyber planning office), by amending
the section enumerator and heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iv) in the third section 2215 (6 U.S.C. 665c; relating
to the Cybersecurity State Coordinator), by amending the
section enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(v) in the fourth section 2215 (6 U.S.C. 665d; relating
to Sector Risk Management Agencies), by amending the
section enumerator and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(vi) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the section
enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.'';
(vii) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by amending
the section enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''; and
(viii) in section 2218 (6 U.S.C. 665g; relating to the
State and Local Cybersecurity Grant Program), by amending
the section enumerator and heading to read as follows:
``SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.''.
(B) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of 2002''
after ``Homeland Security Act''.
(2) Clerical amendment.--The table of contents in section 1(b)
of the Homeland Security Act of 2002 is further amended by striking
the items relating to sections 2214 through 2218 and inserting the
following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. State and Local Cybersecurity Grant Program.
``Sec. 2220B. National cyber exercise program.''.
SEC. 1548. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY.
(a) In General.--Title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is further amended by adding at the end the
following new section:
``SEC. 2220C. CYBERSENTRY PROGRAM.
``(a) Establishment.--There is established in the Agency a program,
to be known as `CyberSentry', to provide continuous monitoring and
detection of cybersecurity risks to critical infrastructure entities
that own or operate industrial control systems that support national
critical functions, upon request and subject to the consent of such
owner or operator.
``(b) Activities.--The Director, through CyberSentry, shall--
``(1) enter into strategic partnerships with critical
infrastructure owners and operators that, in the determination of
the Director and subject to the availability of resources, own or
operate regionally or nationally significant industrial control
systems that support national critical functions, in order to
provide technical assistance in the form of continuous monitoring
of industrial control systems and the information systems that
support such systems and detection of cybersecurity risks to such
industrial control systems and other cybersecurity services, as
appropriate, based on and subject to the agreement and consent of
such owner or operator;
``(2) leverage sensitive or classified intelligence about
cybersecurity risks regarding particular sectors, particular
adversaries, and trends in tactics, techniques, and procedures to
advise critical infrastructure owners and operators regarding
mitigation measures and share information as appropriate;
``(3) identify cybersecurity risks in the information
technology and information systems that support industrial control
systems which could be exploited by adversaries attempting to gain
access to such industrial control systems, and work with owners and
operators to remediate such vulnerabilities;
``(4) produce aggregated, anonymized analytic products, based
on threat hunting and continuous monitoring and detection
activities and partnerships, with findings and recommendations that
can be disseminated to critical infrastructure owners and
operators; and
``(5) support activities authorized in accordance with section
1501 of the National Defense Authorization Act for Fiscal Year
2022.
``(c) Privacy Review.--Not later than 180 days after the date of
enactment of this section, the Privacy Officer of the Agency under
section 2202(h) shall--
``(1) review the policies, guidelines, and activities of
CyberSentry for compliance with all applicable privacy laws,
including such laws governing the acquisition, interception,
retention, use, and disclosure of communities; and
``(2) submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report certifying compliance
with all applicable privacy laws as referred to in paragraph (1),
or identifying any instances of noncompliance with such privacy
laws.
``(d) Report to Congress.--Not later than one year after the date
of the enactment of this section, the Director shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
briefing and written report on implementation of this section.
``(e) Savings.--Nothing in this section may be construed to permit
the Federal Government to gain access to information of a remote
computing service provider to the public or an electronic service
provider to the public, the disclosure of which is not permitted under
section 2702 of title 18, United States Code.
``(f) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk' has
the meaning given such term in section 2209(a).
``(2) Industrial control system.--The term `industrial control
system' means an information system used to monitor and/or control
industrial processes such as manufacturing, product handling,
production, and distribution, including supervisory control and
data acquisition (SCADA) systems used to monitor and/or control
geographically dispersed assets, distributed control systems
(DCSs), Human-Machine Interfaces (HMIs), and programmable logic
controllers that control localized processes.
``(3) Information system.--The term `information system' has
the meaning given such term in section 102 of the Cybersecurity Act
of 2015 (enacted as division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9)).
``(g) Termination.--The authority to carry out a program under this
section shall terminate on the date that is seven years after the date
of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is further amended by adding after
the item relating to section 2220B the following new item:
``Sec. 2220C. CyberSentry program.''.
(c) Continuous Monitoring and Detection.--Section 2209(c)(6) of the
Homeland Security Act of 2002 (6 U.S.C. 659) is amended by inserting
``, which may take the form of continuous monitoring and detection of
cybersecurity risks to critical infrastructure entities that own or
operate industrial control systems that support national critical
functions'' after ``mitigation, and remediation''.
SEC. 1549. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF INFORMATION
SYSTEMS AND CYBERSECURITY THREATS.
(a) Responsibilities of Director.--Section 2202(c)(3) of the
Homeland Security Act of 2002 (6 U.S.C. 652) is amended by striking the
semicolon at the end and adding the following: ``, including by
carrying out a periodic strategic assessment of the related programs
and activities of the Agency to ensure such programs and activities
contemplate the innovation of information systems and changes in
cybersecurity risks and cybersecurity threats;''
(b) Report.--
(1) In general.--Not later than 240 days after the date of the
enactment of this Act and not fewer than once every three years
thereafter, the Director of the Cybersecurity and Infrastructure
Security Agency shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a strategic
assessment for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are the
following:
(A) A description of the existing programs and activities
administered in furtherance of section 2202(c)(3) of the
Homeland Security Act of 2002 (6 U.S.C. 652).
(B) An assessment of the capability of existing programs
and activities administered by the Agency in furtherance of
such section to monitor for, manage, mitigate, and defend
against cybersecurity risks and cybersecurity threats.
(C) An assessment of past or anticipated technological
trends or innovation of information systems or information
technology that have the potential to affect the efficacy of
the programs and activities administered by the Agency in
furtherance of such section.
(D) A description of any changes in the practices of the
Federal workforce, such as increased telework, affect the
efficacy of the programs and activities administered by the
Agency in furtherance of section 2202(c)(3).
(E) A plan to integrate innovative security tools,
technologies, protocols, activities, or programs to improve the
programs and activities administered by the Agency in
furtherance of such section.
(F) A description of any research and development
activities necessary to enhance the programs and activities
administered by the Agency in furtherance of such section.
(G) A description of proposed changes to existing programs
and activities administered by the Agency in furtherance of
such section, including corresponding milestones for
implementation.
(H) Information relating to any new resources or
authorities necessary to improve the programs and activities
administered by the Agency in furtherance of such section.
(c) Definitions.--In this section:
(1) The term ``Agency'' means the Cybersecurity and
Infrastructure Security Agency.
(2) The term ``cybersecurity purpose'' has the meaning given
such term in section 102(4) of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501(4)).
(3) The term ``cybersecurity risk'' has the meaning given such
term in section 2209(a)(2) of the Homeland Security Act of 2002
(U.S.C. 659(a)(2)).
(4) The term ``information system'' has the meaning given such
term in section 3502(8) of title 44, United States Code.
(5) The term ``information technology'' has the meaning given
such term in 3502(9) of title 44, United States Code.
(6) The term ``telework'' has the meaning given the term in
section 6501(3) of title 5, United States Code.
SEC. 1550. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH INTERNET
ECOSYSTEM COMPANIES TO DETECT AND DISRUPT ADVERSARY CYBER OPERATIONS.
(a) Pilot Required.--Not later than one year after the date of the
enactment of this Act, the Secretary, acting through the Director of
the Cybersecurity and Infrastructure Security Agency of the Department
of Homeland Security and in coordination with the Secretary of Defense
and the National Cyber Director, shall commence a pilot program to
assess the feasibility and advisability of entering into public-private
partnerships with internet ecosystem companies to facilitate, within
the bounds of applicable provisions of law and such companies' terms of
service, policies, procedures, contracts, and other agreements, actions
by such companies to discover and disrupt use by malicious cyber actors
of the platforms, systems, services, and infrastructure of such
companies.
(b) Public-private Partnerships.--
(1) In general.--In carrying out the pilot program under
subsection (a), the Secretary shall seek to enter into one or more
public-private partnerships with internet ecosystem companies.
(2) Voluntary participation.--
(A) In general.--Participation by an internet ecosystem
company in a public-private partnership under the pilot
program, including in any activity described in subsection (c),
shall be voluntary.
(B) Prohibition.--No funds appropriated by any Act may be
used to direct, pressure, coerce, or otherwise require that any
internet ecosystem company take any action on their platforms,
systems, services, or infrastructure as part of the pilot
program.
(c) Authorized Activities.--In carrying out the pilot program under
subsection (a), the Secretary may--
(1) provide assistance to a participating internet ecosystem
company to develop effective know-your-customer processes and
requirements;
(2) provide information, analytics, and technical assistance to
improve the ability of participating companies to detect and
prevent illicit or suspicious procurement, payment, and account
creation on their own platforms, systems, services, or
infrastructure;
(3) develop and socialize best practices for the collection,
retention, and sharing of data by participating internet ecosystem
companies to support discovery of malicious cyber activity,
investigations, and attribution on the platforms, systems,
services, or infrastructure of such companies;
(4) provide to participating internet ecosystem companies
actionable, timely, and relevant information, such as information
about ongoing operations and infrastructure, threats, tactics, and
procedures, and indicators of compromise, to enable such companies
to detect and disrupt the use by malicious cyber actors of the
platforms, systems, services, or infrastructure of such companies;
(5) provide recommendations for (but not design, develop,
install, operate, or maintain) operational workflows, assessment
and compliance practices, and training that participating internet
ecosystem companies can implement to reliably detect and disrupt
the use by malicious cyber actors of the platforms, systems,
services, or infrastructure of such companies;
(6) provide recommendations for accelerating, to the greatest
extent practicable, the automation of existing or implemented
operational workflows to operate at line-rate in order to enable
real-time mitigation without the need for manual review or action;
(7) provide recommendations for (but not design, develop,
install, operate, or maintain) technical capabilities to enable
participating internet ecosystem companies to collect and analyze
data on malicious activities occurring on the platforms, systems,
services, or infrastructure of such companies to detect and disrupt
operations of malicious cyber actors; and
(8) provide recommendations regarding relevant mitigations for
suspected or discovered malicious cyber activity and thresholds for
action.
(d) Competition Concerns.--Consistent with section 1905 of title
18, United States Code, the Secretary shall ensure that any trade
secret or proprietary information of a participating internet ecosystem
company made known to the Federal Government pursuant to a public-
private partnership under the pilot program remains private and
protected unless explicitly authorized by such company.
(e) Impartiality.--In carrying out the pilot program under
subsection (a), the Secretary may not take any action that is intended
primarily to advance the particular business interests of an internet
ecosystem company but is authorized to take actions that advance the
interests of the United States, notwithstanding differential impact or
benefit to a given company's or given companies' business interests.
(f) Responsibilities.--
(1) Secretary of homeland security.--The Secretary shall
exercise primary responsibility for the pilot program under
subsection (a), including organizing and directing authorized
activities with participating Federal Government organizations and
internet ecosystem companies to achieve the objectives of the pilot
program.
(2) National cyber director.--The National Cyber Director shall
support prioritization and cross-agency coordination for the pilot
program, including ensuring appropriate participation by
participating agencies and the identification and prioritization of
key private sector entities and initiatives for the pilot program.
(3) Secretary of defense.--The Secretary of Defense shall
provide support and resources to the pilot program, including the
provision of technical and operational expertise drawn from
appropriate and relevant officials and components of the Department
of Defense, including the National Security Agency, United States
Cyber Command, the Chief Information Officer, the Office of the
Secretary of Defense, military department Principal Cyber Advisors,
and the Defense Advanced Research Projects Agency.
(g) Participation of Other Federal Government Components.--The
Secretary may invite to participate in the pilot program required under
subsection (a) the heads of such departments or agencies as the
Secretary considers appropriate.
(h) Integration With Other Efforts.--The Secretary shall ensure
that the pilot program required under subsection (a) makes use of,
builds upon, and, as appropriate, integrates with and does not
duplicate other efforts of the Department of Homeland Security and the
Department of Defense relating to cybersecurity, including the
following:
(1) The Joint Cyber Defense Collaborative of the Cybersecurity
and Infrastructure Security Agency of the Department of Homeland
Security.
(2) The Cybersecurity Collaboration Center and Enduring
Security Framework of the National Security Agency.
(i) Rules of Construction.--
(1) Limitation on government access to data.--Nothing in this
section authorizes sharing of information, including information
relating to customers of internet ecosystem companies or private
individuals, from an internet ecosystem company to an agency,
officer, or employee of the Federal Government unless otherwise
authorized by another provision of law.
(2) Stored communications act.--Nothing in this section may be
construed to permit or require disclosure by a provider of a remote
computing service or a provider of an electronic communication
service to the public of information not otherwise permitted or
required to be disclosed under chapter 121 of title 18, United
States Code (commonly known as the ``Stored Communications Act'').
(3) Third party customers.--Nothing in this section may be
construed to require a third party, such as a customer or managed
service provider of an internet ecosystem company, to participate
in the pilot program under subsection (a).
(j) Briefings.--
(1) Initial.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary, in coordination with
the Secretary of Defense and the National Cyber Director, shall
brief the appropriate committees of Congress on the pilot
program required under subsection (a).
(B) Elements.--The briefing required under subparagraph (A)
shall include the following:
(i) The plans of the Secretary for the implementation
of the pilot program.
(ii) Identification of key priorities for the pilot
program.
(iii) Identification of any potential challenges in
standing up the pilot program or impediments, such as a
lack of liability protection, to private sector
participation in the pilot program.
(iv) A description of the roles and responsibilities in
the pilot program of each participating Federal entity.
(2) Annual.--
(A) In general.--Not later than two years after the date of
the enactment of this Act and annually thereafter for three
years, the Secretary, in coordination with the Secretary of
Defense and the National Cyber Director, shall brief the
appropriate committees of Congress on the progress of the pilot
program required under subsection (a).
(B) Elements.--Each briefing required under subparagraph
(A) shall include the following:
(i) Recommendations for addressing relevant policy,
budgetary, and legislative gaps to increase the
effectiveness of the pilot program.
(ii) Recommendations, such as providing liability
protection, for increasing private sector participation in
the pilot program.
(iii) A description of the challenges encountered in
carrying out the pilot program, including any concerns
expressed by internet ecosystem companies regarding
participation in the pilot program.
(iv) The findings of the Secretary with respect to the
feasibility and advisability of extending or expanding the
pilot program.
(v) Such other matters as the Secretary considers
appropriate.
(k) Termination.--The pilot program required under subsection (a)
shall terminate on the date that is five years after the date of the
enactment of this Act.
(l) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate; and
(B) the Committee on Homeland Security and the Committee on
Armed Services of the House of Representatives.
(2) Internet ecosystem company.--The term ``internet ecosystem
company'' means a business incorporated in the United States that
provides cybersecurity services, internet service, content delivery
services, Domain Name Service, cloud services, mobile
telecommunications services, email and messaging services, internet
browser services, or such other services as the Secretary
determines appropriate for the purposes of the pilot program under
subsection (a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
SEC. 1551. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.
(a) Grant Program.--
(1) Establishment.--The Secretary, in accordance with the
agreement entitled the ``Agreement between the Government of the
United States of America and the Government of the State of Israel
on Cooperation in Science and Technology for Homeland Security
Matters'', dated May 29, 2008 (or successor agreement), and the
requirements specified in paragraph (2), shall establish a grant
program at the Department to support--
(A) cybersecurity research and development; and
(B) demonstration and commercialization of cybersecurity
technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding section 317 of the
Homeland Security Act of 2002 (6 U.S.C. 195c), in carrying out
a research, development, demonstration, or commercial
application program or activity that is authorized under this
section, the Secretary shall require cost sharing in accordance
with this paragraph.
(B) Research and development.--
(i) In general.--Except as provided in clause (ii), the
Secretary shall require not less than 50 percent of the
cost of a research, development, demonstration, or
commercial application program or activity described in
subparagraph (A) to be provided by a non-Federal source.
(ii) Reduction.--The Secretary may reduce or eliminate,
on a case-by-case basis, the percentage requirement
specified in clause (i) if the Secretary determines that
such reduction or elimination is necessary and appropriate.
(C) Merit review.--In carrying out a research, development,
demonstration, or commercial application program or activity
that is authorized under this section, awards shall be made
only after an impartial review of the scientific and technical
merit of the proposals for such awards has been carried out by
or for the Department.
(D) Review processes.--In carrying out a review under
subparagraph (C), the Secretary may use merit review processes
developed under section 302(14) of the Homeland Security Act of
2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant is eligible to receive a
grant under this subsection if--
(A) the project of such applicant--
(i) addresses a requirement in the area of
cybersecurity research or cybersecurity technology, as
determined by the Secretary; and
(ii) is a joint venture between--
(I)(aa) a for-profit business entity, academic
institution, National Laboratory, or nonprofit entity
in the United States; and
(bb) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(II)(aa) the Federal Government; and
(bb) the Government of Israel; and
(B) neither such applicant nor the project of such
applicant pose a counterintelligence threat, as determined by
the Director of National Intelligence.
(4) Applications.--To be eligible to receive a grant under this
subsection, an applicant shall submit to the Secretary an
application for such grant in accordance with procedures
established by the Secretary, in consultation with the advisory
board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish an
advisory board to--
(i) monitor the method by which grants are awarded
under this subsection; and
(ii) provide to the Secretary periodic performance
reviews of actions taken to carry out this subsection.
(B) Composition.--The advisory board established under
subparagraph (A) shall be composed of three members, to be
appointed by the Secretary, of whom--
(i) one shall be a representative of the Federal
Government;
(ii) one shall be selected from a list of nominees
provided by the United States-Israel Binational Science
Foundation; and
(iii) one shall be selected from a list of nominees
provided by the United States-Israel Binational Industrial
Research and Development Foundation.
(6) Contributed funds.--Notwithstanding section 3302 of title
31, United States Code, the Secretary may, only to the extent
provided in advance in appropriations Acts, accept or retain funds
contributed by any person, government entity, or organization for
purposes of carrying out this subsection. Such funds shall be
available, subject to appropriation, without fiscal year
limitation.
(7) Reports.--
(A) Grant recipients.--Not later than 180 days after the
date of completion of a project for which a grant is provided
under this subsection, the grant recipient shall submit to the
Secretary a report that contains--
(i) a description of how the grant funds were used by
the recipient; and
(ii) an evaluation of the level of success of each
project funded by the grant.
(B) Secretary.--Not later than one year after the date of
the enactment of this Act and annually thereafter until the
grant program established under this subsection terminates, the
Secretary shall submit to the Committees on Homeland Security
and Governmental Affairs and Foreign Relations of the Senate
and the Committees on Homeland Security and Foreign Affairs of
the House of Representatives a report on grants awarded and
projects completed under such program.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be unclassified
by both the United States and Israel.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section not less than $6,000,000 for
each of fiscal years 2022 through 2026.
(c) Definitions.--In this section--
(1) the term ``cybersecurity research'' means research,
including social science research, into ways to identify, protect
against, detect, respond to, and recover from cybersecurity
threats;
(2) the term ``cybersecurity technology'' means technology
intended to identify, protect against, detect, respond to, and
recover from cybersecurity threats;
(3) the term ``cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501; enacted as title I of the Cybersecurity
Act of 2015 (division N of the Consolidated Appropriations Act,
2016 (Public Law 114-113)));
(4) the term ``Department'' means the Department of Homeland
Security;
(5) the term ``National Laboratory'' has the meaning given such
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801); and
(6) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 1552. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT DETAILS ON
NONREIMBURSABLE BASIS.
Section 1752(e) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and indenting such
subparagraphs two ems to the right;
(2) in the matter preceding subparagraph (A), as redesignated
by paragraph (1), by striking ``The Director may'' and inserting
the following:
``(1) In general.--The Director may'';
(3) in paragraph (1)--
(A) as redesignated by paragraph (2), by redesignating
subparagraphs (C) through (H) as subparagraphs (D) through (I),
respectively; and
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) accept officers or employees of the United States or
members of the Armed Forces on a detail from an element of the
intelligence community (as such term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4))) or
from another element of the Federal Government on a
nonreimbursable basis, as jointly agreed to by the heads of the
receiving and detailing elements, for a period not to exceed
three years;''; and
(4) by adding at the end the following new paragraph:
``(2) Rules of construction regarding details.--Nothing in
paragraph (1)(C) may be construed as imposing any limitation on any
other authority for reimbursable or nonreimbursable details. A
nonreimbursable detail made pursuant to such paragraph shall not be
considered an augmentation of the appropriations of the receiving
element of the Office of the National Cyber Director.''.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. National security space launch program.
Sec. 1602. Redesignation of Space Force Acquisition Council;
modifications relating to Assistant Secretary of the Air Force
for Space Acquisition and Integration.
Sec. 1603. Delegation of Authorities to Space Development Agency.
Sec. 1604. Extension and modification of Council on Oversight of the
Department of Defense Positioning, Navigation, and Timing
Enterprise.
Sec. 1605. Improvements to tactically responsive space launch program.
Sec. 1606. Clarification of domestic services and capabilities in
leveraging commercial satellite remote sensing.
Sec. 1607. Programs of record of Space Force and commercial
capabilities.
Sec. 1608. Extension and modification of certifications regarding
integrated tactical warning and attack assessment mission of
the Air Force.
Sec. 1609. Classification review of programs of the Space Force.
Sec. 1610. Report on Range of the Future initiative of the Space Force.
Sec. 1611. Space policy review.
Sec. 1612. Annual briefing on threats to space operations.
Sec. 1613. National Security Council briefing on potential harmful
interference to Global Positioning System.
Sec. 1614. Non-geostationary orbit satellite constellations.
Sec. 1615. Briefing on prototype program for multiglobal navigation
satellite system receiver development.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Notification of certain threats to United States Armed Forces
by foreign governments.
Sec. 1622. Strategy and plan to implement certain defense intelligence
reforms.
Sec. 1623. Annual briefing by Director of the Defense Intelligence
Agency on electronic warfare threat to operations of the
Department of Defense.
Sec. 1624. Report on explosive ordnance intelligence matters.
Subtitle C--Nuclear Forces
Sec. 1631. Participation in United States Strategic Command strategic
deterrence exercises.
Sec. 1632. Modification to requirements relating to nuclear force
reductions.
Sec. 1633. Modifications to requirements relating to unilateral changes
in nuclear weapons stockpile of the United States.
Sec. 1634. Deadline for reports on modification of force structure for
strategic nuclear weapons delivery systems.
Sec. 1635. Modification of deadline for notifications relating to
reduction, consolidation, or withdrawal of nuclear forces
based in Europe.
Sec. 1636. Procurement authority for certain parts of the ground-based
strategic deterrent cryptographic device.
Sec. 1637. Capability of B-21 bomber aircraft with long-range standoff
weapon.
Sec. 1638. Mission-design series popular name for ground-based strategic
deterrent.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Limitation on availability of certain funds until submission
of information relating to proposed budget for nuclear-armed
sea-launched cruise missile.
Sec. 1641. Limitation on availability of certain funds until submission
of information relating to nuclear-armed sea-launched cruise
missile.
Sec. 1642. Annual certification on readiness of Minuteman III
intercontinental ballistic missiles.
Sec. 1643. Revised nuclear posture review.
Sec. 1644. Review of safety, security, and reliability of nuclear
weapons and related systems.
Sec. 1645. Long-range standoff weapon.
Sec. 1646. Ground-based strategic deterrent development program
accountability matrices.
Sec. 1647. Information regarding review of Minuteman III service life
extension program or options for the future of the
intercontinental ballistic missile force.
Sec. 1648. Notification regarding intercontinental ballistic missiles of
China.
Sec. 1649. Independent review of nuclear command, control, and
communications system.
Sec. 1650. Review of engineering and manufacturing development contract
for ground-based strategic deterrent program.
Sec. 1651. Report on re-alerting long-range bombers.
Sec. 1652. Comptroller General study and updated report on nuclear
weapons capabilities and force structure requirements.
Sec. 1653. Briefing on consultations with United States allies regarding
Nuclear Posture Review.
Subtitle D--Missile Defense Programs
Sec. 1661. Notification of changes to non-standard acquisition and
requirements processes and responsibilities of Missile Defense
Agency.
Sec. 1662. Limitation on Missile Defense Agency production of satellites
and ground systems associated with operation of such
satellites.
Sec. 1663. Extension of period for transition of ballistic missile
defense programs to military departments.
Sec. 1664. Directed energy programs for ballistic and hypersonic missile
defense.
Sec. 1665. Guam integrated air and missile defense system.
Sec. 1666. Missile defense radar in Hawaii.
Sec. 1667. Certification required for Russia and China to tour certain
missile defense sites.
Sec. 1668. Next generation interceptors for missile defense of the
United States homeland.
Sec. 1669. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1670. Update of study on discrimination capabilities of the
ballistic missile defense system.
Sec. 1671. Semiannual updates on meetings held by the Missile Defense
Executive Board.
Sec. 1672. Matters regarding Integrated Deterrence Review.
Sec. 1673. Semiannual notifications regarding missile defense tests and
costs.
Sec. 1674. Report on senior leadership of Missile Defense Agency.
Sec. 1675. Independent study of roles and responsibilities of Department
of Defense components relating to missile defense.
Subtitle E--Other Matters
Sec. 1681. Cooperative threat reduction funds.
Sec. 1682. Modification to estimate of damages from Federal
Communications Commission Order 20-48.
Sec. 1683. Establishment of office, organizational structure, and
authorities to address unidentified aerial phenomena.
Sec. 1684. Determination on certain activities with unusually hazardous
risks.
Sec. 1685. Study by Public Interest Declassification Board relating to
certain tests in the Marshall Islands.
Sec. 1686. Protection of Major Range and Test Facility Base.
Sec. 1687. Congressional Commission on the Strategic Posture of the
United States.
Subtitle A--Space Activities
SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Disclosure of National Security Space Launch Program Contract
Pricing Terms.--
(1) In general.--Chapter 135 of title 10, United States Code,
is amended by inserting after section 2276 the following new
section 2277:
``Sec. 2277. Disclosure of National Security Space Launch program
contract pricing terms
``(a) In General.--With respect to any contract awarded by the
Secretary of the Air Force for the launch of a national security
payload under the National Security Space Launch program, not later
than 30 days after entering into such a contract, the Secretary shall
submit to the congressional defense committees a description of the
pricing terms of the contract. For those contracts that include the
launch of assets of the National Reconnaissance Office, the Secretary
shall also submit the pricing terms to the congressional intelligence
committees (as defined by section 3 of the National Security Act of
1947 (50 U.S.C. 3003)).
``(b) Competitively Sensitive Trade Secret Data.--The congressional
defense committees and the congressional intelligence committees
shall--
``(1) treat a description of pricing terms submitted under
subsection (a) as competitively sensitive trade secret data; and
``(2) use the description solely for committee purposes,
subject to appropriate restrictions to maintain the confidentiality
of the description.
``(c) Rule of Construction.--For purposes of section 1905 of title
18, a disclosure of contract pricing terms under subsection (a) shall
be construed as a disclosure authorized by law.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 2276 the following new item:
``2277. Disclosure of National Security Space Launch program contract
pricing terms.''.
(b) Policy.--With respect to entering into contracts for launch
services during the period beginning on the date of the enactment of
this Act and ending September 30, 2024, it shall be the policy of the
Department of Defense and the National Reconnaissance Office to--
(1) use the National Security Space Launch program to the
extent practical to procure launch services only from launch
service providers that can meet Federal requirements with respect
to delivering required payloads to reference orbits covered under
the requirements of phase two; and
(2) maximize continuous competition for launch services as the
Space Force initiates planning for phase three, specifically for
those technology areas that are unique to existing and emerging
national security requirements.
(c) Notification.--If the Secretary of Defense or the Director of
the National Reconnaissance Office determines that a program requiring
launch services that could be met using phase two contracts will
instead use an alternative launch procurement approach, not later than
seven days after the date of such determination, the Secretary of
Defense or, as appropriate, the Director of National Intelligence,
shall submit to the appropriate congressional committees--
(1) a notification of such determination;
(2) a certification that the alternative launch procurement
approach is in the national security interest of the United States;
and
(3) an outline of the cost analysis and any other rationale for
such determination.
(d) Report.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Chief of Space Operations and the Director of the Space
Development Agency, and in consultation with the Director of
National Intelligence (including with respect to the views of the
Director of the National Reconnaissance Office), shall submit to
the appropriate congressional committees a report on the emerging
launch requirements in the areas of space access, mobility, and
logistics that will not be met by phase two capabilities.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) An examination of potential benefits of competing one
or more launches that are outside of phase two capabilities,
focused on accelerating the rapid development and on-orbit
deployment of enabling and transformational technologies
required to address any emerging requirements, including with
respect to--
(i) delivery of in-space transportation, logistics, and
on-orbit servicing capabilities to enhance the persistence,
sensitivity, and resiliency of national security space
missions in a contested space environment;
(ii) routine access to extended orbits beyond
geostationary orbits, including cislunar orbits;
(iii) greater cislunar awareness capabilities;
(iv) vertical integration and standardized payload
mating;
(v) increased responsiveness for heavy lift capability;
(vi) the ability to transfer orbits, including point-
to-point orbital transfers;
(vii) capacity and capability to execute secondary
deployments;
(viii) high-performance upper stages; and
(ix) other new missions that are outside the parameters
of the nine design reference missions that exist as of the
date of the enactment of this Act.
(B) A description of how competing space access, mobility,
and logistics launches could aid in establishing a new
acquisition framework to--
(i) promote the potential for additional open and
sustainable competition for phase three; and
(ii) re-examine the balance of mission assurance versus
risk tolerance to reflect new resilient spacecraft
architectures and reduce workload on the Federal Government
and industry to perform mission assurance where
appropriate.
(C) An analysis of how the matters under subparagraphs (A)
and (B) may help continue to reduce the cost per launch of
national security payloads.
(D) An examination of the effects to the National Security
Space Launch program if contracted launch providers cannot meet
all phase two requirements, including with respect to--
(i) the effects to national security launch resiliency;
and
(ii) the cost effects of a launch market that lacks
full competition.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified appendix.
(4) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Director of National Intelligence, shall provide to the appropriate
congressional committees a briefing on the report under paragraph
(1).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``phase three'' means, with respect to the
National Security Space Launch program, launch missions ordered
under the program after fiscal year 2024.
(3) The term ``phase two'' means, with respect to the National
Security Space Launch program, launch missions ordered under the
program during fiscal years 2020 through 2024.
SEC. 1602. REDESIGNATION OF SPACE FORCE ACQUISITION COUNCIL;
MODIFICATIONS RELATING TO ASSISTANT SECRETARY OF THE AIR FORCE FOR
SPACE ACQUISITION AND INTEGRATION.
(a) Modifications to Space Force Acquisition Council.--
(1) Designation.--Section 9021 of title 10, United States Code,
is amended--
(A) in the section heading, by striking ``force'';
(B) in subsection (a), by striking ``Space Force
Acquisition Council'' and inserting ``Space Acquisition
Council''; and
(C) in subsection (c), by striking ``of the Air Force for
space systems and programs'' and inserting ``space systems and
programs of the armed forces''.
(2) Conforming amendment.--Section 9016(b)(6)(B)(ii) of title
10, United States Code, is amended by striking ``Space Force
Acquisition Council'' and inserting ``Space Acquisition Council''.
(3) Clerical amendment.--The table of sections for chapter 903
of title 10, United States Code, is amended by striking the item
relating to section 9021 and inserting the following new item:
``9021. Space Acquisition Council.''.
(4) References.--Any reference to the Space Force Acquisition
Council in any law, regulation, map, document, record, or other
paper of the United States shall be deemed to be a reference to the
Space Acquisition Council.
(b) Modifications Relating to the Assistant Secretary of the Air
Force for Space Acquisition and Integration.--
(1) Space force acquisition council review and certification of
determinations of the assistant secretary of the air force for
space acquisition and integration.--Section 9021(c) of title 10,
United States Code, as amended by subsection (a), is further
amended--
(A) by striking ``The Council'' and inserting ``(1) The
Council''; and
(B) by adding at the end the following new paragraph:
``(2)(A) The Council shall promptly--
``(i) review any determination made by the Assistant Secretary
of the Air Force for Space Acquisition and Integration with respect
to architecture for the space systems and programs of the armed
forces under section 9016(b)(6)(B)(i) of this title, including the
requirements for operating such space systems or programs; and
``(ii) either--
``(I) if the Council finds such a determination to be
warranted, certify the determination; or
``(II) if the Council finds such a determination not to be
warranted, decline to certify the determination.
``(B) Not later than 10 business days after the date on which the
Council makes a finding with respect to a certification under
subparagraph (A), the Council shall submit to the congressional defense
committees a notification of the finding, including a detailed
justification for the finding.
``(C) Except as provided in subparagraph (D), the Assistant
Secretary of the Air Force for Space Acquisition and Integration may
not take any action to implement a determination referred to in
subparagraph (A)(i) until 30 days has elapsed following the date on
which the Council submits the notification under subparagraph (B).
``(D)(i) The Secretary of Defense may waive subparagraph (C) in the
event of an urgent national security requirement.
``(ii) The Secretary of Defense shall submit to the congressional
defense committees a notification of any waiver granted under clause
(i), including a justification for the waiver.''.
(2) Department of defense space systems and programs.--Clause
(i) of section 9016(b)(6)(B) of title 10, United States Code, is
amended to read as follows:
``(i) Be responsible for and oversee all architecture and
integration with respect to the acquisition of the space systems
and programs of the armed forces, including in support of the Chief
of Space Operations under section 9082 of this title.''.
(3) Transfer of acquisition projects for space systems and
programs.--Section 956(b)(3) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1566; 10
U.S.C. 9016 note) is amended by striking ``of the Air Force'' and
inserting ``of the Armed Forces''.
(4) Designation of force design architect for department of
defense space systems.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(A) designate the Chief of Space Operations the force
design architect for space systems of the Armed Forces; and
(B) submit to the congressional defense committees a
certification of such designation.
SEC. 1603. DELEGATION OF AUTHORITIES TO SPACE DEVELOPMENT AGENCY.
Section 9086 of title 10, United States Code, as redesignated by
section 1081, is amended by adding at the end the following new
subsection:
``(d) Delegation of Authorities.--(1) With respect to tranche 0
capabilities and tranche 1 capabilities, to the extent practicable, the
Secretary of the Air Force, acting through the Service Acquisition
Executive for Space Systems and Programs, shall ensure the delegation
to the Agency of--
``(A) head of contracting authority; and
``(B) milestone decision authority for the middle tier of
acquisition programs.
``(2)(A) The Service Acquisition Executive for Space Systems and
Programs may rescind the delegation of authority under paragraph (1)
for cause or on a case-by-case basis.
``(B) Not later than 30 days after the date of a rescission under
subparagraph (A), the Secretary of the Air Force shall notify the
congressional defense committees of such rescission.
``(3) In this subsection:
``(A) The term `tranche 0 capabilities' means capabilities
relating to transport, battle management, tracking, custody,
navigation, deterrence, and support, that are intended to be
achieved by September 30, 2022.
``(B) The term `tranche 1 capabilities' means capabilities
relating to transport, battle management, tracking, custody,
navigation, deterrence, and support, that are intended to be
achieved by September 30, 2024.''.
SEC. 1604. EXTENSION AND MODIFICATION OF COUNCIL ON OVERSIGHT OF THE
DEPARTMENT OF DEFENSE POSITIONING, NAVIGATION, AND TIMING ENTERPRISE.
Section 2279b of title 10, United States Code, is amended--
(1) in subsection (d)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) Alternative methods to perform position navigation and
timing.''; and
(2) in subsection (h), by striking ``National Defense
Authorization Act for Fiscal Year 2016'' and inserting ``National
Defense Authorization Act for Fiscal Year 2022''.
SEC. 1605. IMPROVEMENTS TO TACTICALLY RESPONSIVE SPACE LAUNCH PROGRAM.
Section 1609 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4048) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Program.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Support.--
``(1) Elements.--The Secretary of Defense, in consultation with
the Director of National Intelligence, shall support the tactically
responsive launch program under subsection (a) during the period
covered by the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in 2022 to
ensure that the program addresses the following:
``(A) The ability to rapidly place on-orbit systems to
respond to urgent needs of the commanders of the combatant
commands or to reconstitute space assets and capabilities to
support national security priorities if such assets and
capabilities are degraded, attacked, or otherwise impaired,
including such assets and capabilities relating to protected
communications and intelligence, surveillance, and
reconnaissance.
``(B) The entire launch process, including with respect to
launch services, satellite bus and payload availability, and
operations and sustainment on-orbit.
``(2) Plan.--As a part of the defense budget materials (as
defined in section 239 of title 10, United States Code) for fiscal
year 2023, the Secretary of Defense, in consultation with the
Director of National Intelligence, shall submit to Congress a plan
for the tactically responsive launch program to address the
elements under paragraph (1). Such plan shall include the
following:
``(A) Lessons learned from the Space Safari tactically
responsive launch-2 mission of the Space Systems Command of the
Space Force, and how to incorporate such lessons into future
efforts regarding tactically responsive launches.
``(B) How to achieve responsive acquisition timelines
within the adaptive acquisition framework for space acquisition
pursuant to section 807.
``(C) Plans to address supply chain issues and leverage
commercial capabilities to support future reconstitution and
urgent space requirements leveraging the tactically responsive
launch program under subsection (a).''.
SEC. 1606. CLARIFICATION OF DOMESTIC SERVICES AND CAPABILITIES IN
LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.
Section 1612(c) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
441 note) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The term `domestic' includes, with respect to commercial
capabilities or services covered by this section, capabilities or
services provided by companies that operate in the United States
and have active mitigation agreements pursuant to the National
Industrial Security Program, unless the Director of the National
Reconnaissance Office or the Director of the National Geospatial-
Intelligence Agency submits to the appropriate congressional
committees a written determination that excluding such companies is
warranted on the basis of national security or strategic policy
needs.''.
SEC. 1607. PROGRAMS OF RECORD OF SPACE FORCE AND COMMERCIAL
CAPABILITIES.
(a) Service Acquisition Executive for Space Systems and Programs.--
Section 957(c) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 9016 note) is amended by adding
at the end the following new paragraph:
``(5) Programs of record and commercial capabilities.--Prior to
establishing a program of record, the Service Acquisition Executive
for Space Systems and Programs shall determine whether existing or
planned commercially available capabilities could meet all or a
portion of the requirements for that proposed program. Not later
than 30 days after the date on which the Service Acquisition
Executive makes such a positive determination, the Service
Acquisition Executive shall submit to the congressional defense
committees a notification of the results of the determination.''.
(b) Limitation.--
(1) In general.--Except as provided by paragraph (2), the
Secretary of Defense may not rely solely on the use of commercial
satellite services and associated systems to carry out operational
requirements, including command and control requirements, targeting
requirements, or other requirements that are necessary to execute
strategic and tactical operations.
(2) Mitigation measures.--The Secretary may rely solely on the
use of commercial satellite services and associated systems to
carry out an operational requirement described in paragraph (1) if
the Secretary has taken measures to mitigate the vulnerability of
any such requirement.
(c) Briefings.--
(1) Requirement.--Not less frequently than quarterly through
fiscal year 2025, the Secretary shall provide to the congressional
defense committees a briefing on the use and extent of the reliance
of the Department of Defense on commercial satellite services and
associated systems to provide capability and additional capacity
across the Department.
(2) Elements.--Each briefing under paragraph (1) shall include
the following for the preceding quarter:
(A) A summary of commercial data and services used to
fulfill requirements of the Department or to augment the
systems and capabilities of the Department.
(B) An assessment of any reliance on, and the resulting
vulnerabilities of, such data and services.
(C) An analysis of potential measures to mitigate such
vulnerabilities.
(D) A description of mitigation measures taken by the
Secretary under subsection (b)(2).
(d) Study.--The Secretary of the Air Force shall seek to enter into
an agreement with a federally funded research and development center
that is not closely affiliated with the Air Force or the Space Force to
conduct a study on--
(1) the extent of commercial support of, and integration into,
the space operations of the Armed Forces; and
(2) measures to ensure that such operations, particularly
operations that are mission critical, continue to be carried out in
the most effective manner possible during a time of conflict.
SEC. 1608. EXTENSION AND MODIFICATION OF CERTIFICATIONS REGARDING
INTEGRATED TACTICAL WARNING AND ATTACK ASSESSMENT MISSION OF THE AIR
FORCE.
Section 1666 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 113 Stat. 2617), as amended by section
1604 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), is further amended--
(1) in the section heading, by striking ``the air force'' and
inserting ``the department of the air force'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``each year thereafter through 2020''
and inserting ``each year thereafter through 2026''; and
(ii) by inserting ``, in consultation with the
Commander of the United States Strategic Command and the
Commander of the United States Northern Command,'' after
``the Commander of the United States Space Command'';
(B) in paragraph (1)--
(i) by striking ``the Air Force is'' and inserting
``the Department of the Air Force is''; and
(ii) by inserting ``and the Space Force'' after ``to
the Air Force''; and
(C) in paragraph (2), by striking ``the Air Force'' and
inserting ``the Department of the Air Force''; and
(3) in subsection (b)--
(A) by inserting ``of the United States Space Command''
after ``Commander'';
(B) by striking ``system of the Air Force'' and inserting
``system of the Department of the Air Force'';
(C) by striking ``command of the Air Force'' and inserting
``command of the Department of the Air Force''; and
(D) by striking ``aspects of the Air Force'' and inserting
``aspects of the Department of the Air Force''.
SEC. 1609. CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE FORCE.
(a) Classification Review.--The Secretary of Defense shall--
(1) not later than 120 days after the date of the enactment of
this Act, conduct a review of each classified program managed under
the authority of the Space Force to determine whether--
(A) the level of classification of the program could be
changed to a lower level; or
(B) the program could be declassified; and
(2) not later than 90 days after the date on which the
Secretary completes such review, commence the change to the
classification level or the declassification as determined in such
review.
(b) Coordination.--The Secretary shall carry out the review under
subsection (a)(1) in coordination with the Assistant Secretary of
Defense for Space Policy and, as the Secretary determines appropriate,
the heads of other elements of the Department of Defense.
(c) Report.--Not later than 60 days after the date on which the
Secretary completes the review under subsection (a)(1), the Secretary,
in coordination with the Assistant Secretary of Defense for Space
Policy, shall submit to the congressional defense committees a report
identifying each program managed under the authority of the Space Force
covered by a determination regarding changing the classification level
of the program or declassifying the program, including--
(1) the timeline for implementing such change or
declassification; and
(2) any risks that exist in implementing such change or
declassification.
SEC. 1610. REPORT ON RANGE OF THE FUTURE INITIATIVE OF THE SPACE FORCE.
Not later than 90 days after the date of the enactment of this Act,
the Chief of Space Operations shall submit to the congressional defense
committees a report containing the following:
(1) A detailed plan to carry out the Space Force ``Range of the
Future'' initiative, including the estimated funding required to
implement the plan.
(2) Identification of any specific authorities the Chief
determines need to be modified by law to improve the ability of the
Space Force to address long-term challenges to the physical
infrastructure at the launch ranges of the Space Force, and an
explanation for why such modified authorities are needed.
(3) Any additional proposals that would support improved
infrastructure at the launch ranges of the Space Force, including
recommendations for legislative action to carry out such proposals.
SEC. 1611. SPACE POLICY REVIEW.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall carry out a review of the
space policy of the Department of Defense.
(b) Elements.--The review under subsection (a) shall include the
following:
(1) With respect to the five-year period following the date of
the review, an assessment of the threat to the space operations of
the United States and the allies of the United States.
(2) An assessment of the national security objectives of the
Department relating to space.
(3) An evaluation of the policy changes and funding necessary
to accomplish such objectives during such five-year period.
(4) An assessment of the policy of the Department with respect
to deterring, responding to, and countering threats to the space
operations of the United States and the allies of the United
States.
(5) An analysis of such policy with respect to normative
behaviors in space, including the commercial use of space.
(6) An analysis of the extent to which such policy is
coordinated with other ongoing policy reviews, including reviews
regarding nuclear, missile defense, and cyber operations.
(7) A description of the organization and space doctrine of the
Department to carry out the space policy of the Department.
(8) An assessment of the space systems and architectures to
implement such space policy.
(9) Any other matters the Secretary considers appropriate.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Director, shall submit to the appropriate congressional committees
a report on the results of the review under subsection (a).
(2) Annual updates.--Concurrent with the submission to Congress
of the budget of the President for each of fiscal years 2024
through 2026 pursuant to section 1105(a) of title 31, United States
Code, and more frequently during such period as the Secretary
determines appropriate, the Secretary, in consultation with the
Director, shall submit to the appropriate congressional committees
a report describing any update to the assessments, analyses, and
evaluations carried out pursuant to such review.
(3) Form.--Each report under this subsection shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Commerce, Science, and Transportation and
the Select Committee on Intelligence of the Senate.
SEC. 1612. ANNUAL BRIEFING ON THREATS TO SPACE OPERATIONS.
(a) Requirement.--Not later than February 28 each year through
2026, the Chief of Space Operations, in consultation with the Commander
of the United States Space Command and the Director of National
Intelligence, shall provide to the appropriate congressional committees
a briefing on the threats to the space operations of the United States
posed by Russia, China, and any other country relevant to the conduct
of such operations.
(b) Elements.--Each briefing under subsection (a) shall include the
following:
(1) A review of the current posture of threats described in
such subsection and anticipated advances in such threats over the
subsequent five-year period.
(2) A description of potential measures to counter such
threats.
(c) Distribution of Briefing.--On or about the same day as the
Chief of Space Operations provides to the appropriate congressional
committees a briefing under subsection (a), the Chief shall also
provide to the National Space Council, the Secretary of Commerce, the
Secretary of Transportation, and the Administrator of the National
Aeronautics and Space Administration the briefing at the highest level
of classification possible.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services, Energy and Commerce,
Transportation and Infrastructure, and Science, Space, and
Technology, and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(2) the Committees on Armed Services and Commerce, Science, and
Transportation, and the Select Committee on Intelligence of the
Senate.
SEC. 1613. NATIONAL SECURITY COUNCIL BRIEFING ON POTENTIAL HARMFUL
INTERFERENCE TO GLOBAL POSITIONING SYSTEM.
(a) Requirement.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
National Security Council, the Secretary of Commerce, and the
Commissioners of the Federal Communications Commission a briefing at
the highest level of classification on the current assessment of the
Department of Defense, as of the date of the briefing, regarding the
potential for harmful interference to the Global Positioning System,
mobile satellite services, or other tactical or strategic systems of
the Department of Defense, from commercial terrestrial operations and
mobile satellite services using the 1525-1559 megahertz band and the
1626.5-1660.5 megahertz band.
(b) Matters Included.--The briefing under subsection (a) shall
include--
(1) potential operational impacts that have been studied within
the megahertz bands specified in such subsection; and
(2) impacts that could be mitigated, if any, including how such
mitigations could be implemented.
(c) Congressional Briefing.--Not later than seven days after the
date on which the Secretary provides the briefing under subsection (a),
the Secretary shall provide to the appropriate congressional committees
such briefing.
(d) Independent Technical Review.--The Secretary shall carry out
subsections (a) and (c) regardless of whether the independent technical
review conducted pursuant to section 1663 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) has been completed.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 1614. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments and the heads of the
Defense Agencies, shall submit to the congressional defense committees
a report on current commercial satellite communication initiatives,
including with respect to new non-geostationary orbit satellite
technologies that the Department of Defense has employed to increase
satellite communication throughput to existing platforms of the
military departments currently constrained by legacy capabilities.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A potential investment strategy concerning how to
operationalize commercial satellite communication capabilities
using non-geostationary orbit satellites across each of the
military departments, including--
(A) requisite funding required to adequately prioritize and
accelerate the integration of such capabilities into the
warfighting systems of the departments; and
(B) future-year spending projections for such efforts that
align with other satellite communication investments of the
Department of Defense.
(2) An integrated satellite communications reference
architecture roadmap for the Department of Defense to achieve a
resilient, secure network for operationalizing commercial satellite
communication capabilities, including through the use of non-
geostationary orbit satellites, across the Department that is
capable of leveraging multi-band and multi-orbit architectures,
including requirements that enable maximum use of commercially
available technologies.
SEC. 1615. BRIEFING ON PROTOTYPE PROGRAM FOR MULTIGLOBAL NAVIGATION
SATELLITE SYSTEM RECEIVER DEVELOPMENT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall provide to the congressional
defense committees a briefing on the implementation of the program
required under section 1607 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1724), including
with respect to addressing each element specified in subsection (b) of
such section.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. NOTIFICATION OF CERTAIN THREATS TO UNITED STATES ARMED
FORCES BY FOREIGN GOVERNMENTS.
(a) Determination That Foreign Government Intends to Cause the
Death of or Serious Bodily Injury to Members of the Armed Forces.--The
Secretary of Defense shall carry out the notification requirement under
subsection (b) whenever the Secretary, in consultation with the
Director of National Intelligence, determines with high confidence
that, on or after the date of the enactment of this Act, an official of
a foreign government has taken a substantial step that is intended to
cause the death of, or serious bodily injury to, any member of the
United States Armed Forces, whether through direct means or indirect
means, including through a promise or agreement by the foreign
government to pay anything of pecuniary value to an individual or
organization in exchange for causing such death or serious bodily
injury.
(b) Notice to Congress.--
(1) Notification.--Except as provided by paragraph (2), not
later than 14 days after making a determination under subsection
(a), the Secretary shall notify the congressional defense
committees of such determination. Such notification shall include,
at a minimum, the following:
(A) A description of the nature and extent of the effort by
the foreign government to target members of the United States
Armed Forces.
(B) An assessment of what specific officials, agents,
entities, and departments within the foreign government
authorized the effort.
(C) An assessment of the motivations of the foreign
government for undertaking such an effort.
(D) An assessment of whether the effort of the foreign
government was a substantial factor in the death or serious
bodily injury of any member of the United States Armed Forces.
(E) Any other information the Secretary determines
appropriate.
(2) Waiver.--On a case-by-case basis, the Secretary may waive
the notification requirement under paragraph (1) if the Secretary--
(A) determines that the waiver is in the national security
interests of the United States; and
(B) submits to the congressional defense committees a
written justification of such determination.
(c) Definitions.--In this section:
(1) The term ``anything of pecuniary value'' has the meaning
given that term in section 1958(b)(1) of title 18, United States
Code.
(2) The term ``determines with high confidence''--
(A) means that the official making the determination--
(i) has concluded that the judgments in the
determination are based on sound analytic argumentation and
high-quality, consistent reporting from multiple sources,
including through clandestinely obtained documents,
clandestine and open source reporting, and in-depth
expertise;
(ii) with respect to such judgments, has concluded that
the intelligence community has few intelligence gaps and
few assumptions underlying the analytic line and that the
intelligence community has concluded that the potential for
deception is low; and
(iii) has examined long-standing analytic judgments and
considered alternatives in making the determination; but
(B) does not mean that the official making the
determination has concluded that the judgments in the
determination are fact or certainty.
(3) The term ``direct means'' means without the use of
intermediaries.
(4) The term ``foreign government'' means the government of a
foreign country with which the United States is at peace.
(5) The term ``indirect means'' means through, or with the
assistance of, intermediaries.
SEC. 1622. STRATEGY AND PLAN TO IMPLEMENT CERTAIN DEFENSE INTELLIGENCE
REFORMS.
(a) Strategy and Plan.--The Secretary of Defense, in coordination
with the Director of National Intelligence, shall develop and implement
a strategy and plan to enable the Defense Intelligence Enterprise to
more effectively fulfill the intelligence and information requirements
of the commanders of the combatant commands with respect to efforts by
the combatant commands to expose and counter foreign malign influence,
coercion, and subversion activities undertaken by, or at the direction,
on behalf, or with substantial support of the governments of, covered
foreign countries.
(b) Matters Included in Plan.--The plan under subsection (a) shall
include the following:
(1) A plan to improve policies and procedures of the Defense
Intelligence Enterprise to assemble and release facts about the
foreign malign influence, coercion, and subversion activities of a
covered foreign country described in such subsection in a timely
way and in forms that allow for greater distribution and release.
(2) A plan to develop and publish validated priority
intelligence requirements of the commanders of the combatant
commands.
(3) A plan to better leverage open-source and commercially
available information and independent analyses to support the
efforts by the combatant commands described in such subsection.
(4) A review by each element of the Defense Intelligence
Enterprise of the approaches used by that element--
(A) with respect to intelligence that has not been
processed or analyzed, to separate out data from the sources
and methods by which the data is obtained (commonly known as
``tearlining''); and
(B) with respect to finished intelligence products that
relate to foreign malign influence, coercion, and subversion
activities of a covered foreign country described in such
subsection, to downgrade the classification level of the
product.
(6) An identification of any additional resources or
legislative authority necessary to better meet the intelligence and
information requirements described in such subsection.
(7) An assignment of responsibilities and timelines for the
implementation of the plans described in paragraphs (1), (2), and
(3).
(8) Any other matters the Secretary determines relevant.
(c) Submission.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of National Intelligence, shall submit to the appropriate
congressional committees and the Comptroller General of the United
States the plan developed under subsection (a).
(d) Comptroller General Review.--
(1) Requirement.--The Comptroller General shall conduct a
review of--
(A) the plan submitted under subsection (c); and
(B) the activities and future plans of the Defense
Intelligence Enterprise for meeting the intelligence and
information requirements described in subsection (a).
(2) Elements.--The review under paragraph (1) shall include the
following:
(A) The extent to which the plan submitted under subsection
(c) includes the elements identified in subsection (b).
(B) The extent to which the Defense Intelligence Enterprise
has clearly assigned roles, responsibilities, and processes for
fulfilling the intelligence and information requirements
described in subsection (a).
(C) The extent to which the Defense Intelligence Enterprise
is planning to obtain additional capabilities and resources to
improve the quality and timeliness of intelligence and
information provided to the commanders of the combatant
commands to aid in the efforts described in subsection (a).
(D) The extent to which the Defense Intelligence Enterprise
is identifying, obtaining, and using commercial and publicly
available information to aid in such efforts.
(E) Any other related issues that the Comptroller General
determines appropriate.
(3) Briefing and report.--Not later than 120 days after the
date on which the Comptroller General receives the plan under
subsection (c), the Comptroller General shall provide to the
appropriate congressional committees a briefing on any initial
findings about the plan. After such briefing, the Comptroller
General shall submit to the committees a report on the plan at a
date mutually agreed upon by the Comptroller General and the
committees.
(e) Congressional Briefing.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter through December
31, 2026, the Secretary, in coordination with the Director of National
Intelligence, shall provide to the appropriate congressional committees
a briefing on the strategy and plan under subsection (a).
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``covered foreign country'' means any of the
following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(E) Any other foreign country the Secretary of Defense and
the Director of National Intelligence determine appropriate.
(3) The term ``Defense Intelligence Enterprise'' has the
meaning given that term in section 426(b)(4) of title 10, United
States Code.
SEC. 1623. ANNUAL BRIEFING BY DIRECTOR OF THE DEFENSE INTELLIGENCE
AGENCY ON ELECTRONIC WARFARE THREAT TO OPERATIONS OF THE DEPARTMENT OF
DEFENSE.
(a) Requirement.--Not later than March 31, 2022, and annually
thereafter through 2026, the Director of the Defense Intelligence
Agency shall provide the congressional defense committees, the Select
Committee on Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives a briefing on
the electronic warfare threat to operations of the Department of
Defense by Russia, China, and other countries relevant to the conduct
of such operations.
(b) Contents.--Each briefing provided under subsection (a) shall
include a review of the following:
(1) Current electronic warfare capabilities of the armed forces
of Russia, the armed forces of China, and the armed forces of such
other countries as the Director considers appropriate.
(2) With respect to the five-year period beginning after the
date of the briefing, an estimate of--
(A) advances in electronic warfare threats to the
operations of the Department from the countries referred to in
paragraph (1); and
(B) the order of battle for Russia, China, and each other
country the Secretary considers appropriate.
SEC. 1624. REPORT ON EXPLOSIVE ORDNANCE INTELLIGENCE MATTERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the feasibility and advisability of--
(1) designating the Director of the Defense Intelligence Agency
as the executive agent for explosive ordnance intelligence; and
(2) including in the responsibilities of the Director of the
Defense Intelligence Agency pursuant to section 105 of the National
Security Act of 1947 (50 U.S.C. 3038) explosive ordnance
intelligence, including with respect to the processing, production,
dissemination, integration, exploitation, evaluation, feedback, and
analysis of explosive ordnance using the skills, techniques,
principles, and knowledge of explosive ordnance disposal personnel
regarding fuzing, firing systems, ordnance disassembly, and
development of render safe techniques, procedures and tools,
publications, and applied technologies.
Subtitle C--Nuclear Forces
SEC. 1631. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND STRATEGIC
DETERRENCE EXERCISES.
Chapter 24 of title 10, United States Code, is amended by adding at
the end the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
``SEC. 499b. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND STRATEGIC
DETERRENCE EXERCISES.
``(a) Participation.--In the case of annual strategic deterrence
exercises held by the United States Strategic Command during fiscal
years 2022 through 2032--
``(1) the Assistant to the President for National Security
Affairs is encouraged to participate in each such exercise that
occurs during an even-numbered year;
``(2) the Deputy Assistant to the President for National
Security Affairs is encouraged to participate in each such exercise
that occurs during an odd-numbered year;
``(3) the Under Secretary of Defense for Policy shall
participate, in whole or in part, in each such exercise;
``(4) the Vice Chairman of the Joint Chiefs of Staff shall
participate, in whole or in part, in each such exercise;
``(5) appropriate senior staff of the Executive Office of the
President or appropriate organizations supporting the White House
relating to continuity of government activities are encouraged to
participate in each such exercise;
``(6) appropriate general or flag officers of the military
departments, and appropriate employees of Federal agencies in
Senior Executive Service positions (as defined in section 3132 of
title 5), shall participate, in whole or in part, in each such
exercise, to provide relevant expertise to the Assistant to the
President for National Security Affairs and the Deputy Assistant to
the President for National Security Affairs; and
``(7) in the case of such an exercise for which a unified
combatant command has a geographic area of responsibility relevant
to the scenario planned to be used for the exercise, not fewer than
two of the following individuals from that command shall
participate, in whole or in part, in the exercise:
``(A) The Commander.
``(B) The Deputy Commander.
``(C) The Director of the Joint Staff for Operations.
``(D) The Director of the Joint Staff for Strategic Plans
and Policy.
``(b) Briefing.--Not fewer than once every four years (or more
frequently if appropriate) during the period specified in subsection
(a), the President shall be provided a briefing on the annual strategic
deterrence exercise held by the United States Strategic Command during
the year in which the briefing is provided, including the principal
findings resulting from the exercise.
``(c) Reports.--(1) Not later than 30 days after the completion of
an annual strategic deterrence exercise described in subsection (a),
the Commander of the United States Strategic Command shall submit to
the Chairman of the Joint Chiefs of Staff and the Secretary of Defense
a report on the exercise, which, at a minimum, shall include the
following:
``(A) A description of the purpose and scope of the
exercise.
``(B) An identification of the principal personnel
participating in the exercise.
``(C) A statement of the principal findings resulting from
the exercise that specifically relate to the nuclear command,
control, and communications or senior leader decision-making
process and a description of any deficiencies in that process
identified a result of the exercise.
``(D) Whether the President was briefed on the exercise and
the principal findings resulting from the exercise.
``(2) Not later than 60 days after the completion of an annual
strategic deterrence exercise described in subsection (a), the
Secretary shall submit to the congressional defense committees--
``(A) an unedited copy of the report of the Commander submitted
under paragraph (1); and
``(B) any additional recommendations or other matters the
Secretary considers appropriate.''.
SEC. 1632. MODIFICATION TO REQUIREMENTS RELATING TO NUCLEAR FORCE
REDUCTIONS.
Section 494(c) of title 10, United States Code, is amended--
(1) by striking ``December 31, 2011'' each place it appears and
inserting ``December 31, 2021''; and
(2) in paragraph (3), by striking ``December 31, 2017'' and
inserting ``February 1, 2025''.
SEC. 1633. MODIFICATIONS TO REQUIREMENTS RELATING TO UNILATERAL CHANGES
IN NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES.
Section 498 of title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following new
subsection (a):
``(a) In General.--Other than pursuant to a treaty to which the
Senate has provided advice and consent pursuant to section 2 of article
II of the Constitution of the United States, if the President has under
consideration to unilaterally change the size of the total stockpile of
nuclear weapons of the United States, or the total number of deployed
nuclear weapons (as defined under the New START Treaty), by more than
20 percent, prior to doing so the President shall initiate a Nuclear
Posture Review.'';
(2) in subsection (c), by striking ``in the nuclear weapons
stockpile by more than 25 percent'' and inserting ``described in
subsection (a)'';
(3) in subsection (d), by striking ``treaty obligations'' and
inserting ``obligations pursuant to a treaty to which the Senate
has provided advice and consent pursuant to section 2 of article II
of the Constitution''; and
(4) by adding at the end the following:
``(f) New START Treaty Defined.--In this section, the term `New
START Treaty' means the Treaty between the United States of America and
the Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.''.
SEC. 1634. DEADLINE FOR REPORTS ON MODIFICATION OF FORCE STRUCTURE FOR
STRATEGIC NUCLEAR WEAPONS DELIVERY SYSTEMS.
Section 493 of title 10, United States Code, is amended in the
first sentence by inserting after ``report on the modification'' the
following: ``not less than 180 days before the intended effective date
of the modification''.
SEC. 1635. MODIFICATION OF DEADLINE FOR NOTIFICATIONS RELATING TO
REDUCTION, CONSOLIDATION, OR WITHDRAWAL OF NUCLEAR FORCES BASED IN
EUROPE.
Section 497(b) of title 10, United States Code, is amended by
striking ``60 days'' and inserting ``120 days''.
SEC. 1636. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF THE GROUND-BASED
STRATEGIC DETERRENT CRYPTOGRAPHIC DEVICE.
(a) In General.--The Secretary of the Air Force may enter into
contracts for the life-of-type procurement of covered parts supporting
the KS-75 cryptographic device under the ground-based strategic
deterrent program.
(b) Availability of Funds.--Notwithstanding section 1502(a) of
title 31, United States Code, of the amount authorized to be
appropriated for fiscal year 2022 by section 101 and available for
missile procurement, Air Force, as specified in the corresponding
funding table in section 4101, $10,900,000 shall be available for the
procurement of covered parts pursuant to contracts entered into under
subsection (a).
(c) Covered Parts Defined.--In this section, the term ``covered
parts'' means commercially available off-the-shelf items as defined in
section 104 of title 41, United States Code.
SEC. 1637. CAPABILITY OF B-21 BOMBER AIRCRAFT WITH LONG-RANGE STANDOFF
WEAPON.
The Secretary of the Air Force shall ensure that the B-21 bomber
aircraft is capable of employing the long-range standoff weapon.
SEC. 1638. MISSION-DESIGN SERIES POPULAR NAME FOR GROUND-BASED
STRATEGIC DETERRENT.
(a) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force, in coordination
with the Under Secretary of Defense for Acquisition and Sustainment,
shall establish a mission-design series popular name for the ground-
based strategic deterrent, consistent with the procedures set forth in
Department of Defense Directive 4120.15 (relating to designating and
naming military aerospace vehicles).
(b) Notification.--Not later than 10 days after completing the
requirement under subsection (a), the Secretary of the Air Force shall
notify the congressional defense committees of the completion of the
requirement.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2022 for the Department of Defense may be
obligated or expended for the following, and the Department may not
otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or alert
level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1640. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF INFORMATION RELATING TO PROPOSED BUDGET FOR NUCLEAR-ARMED SEA-
LAUNCHED CRUISE MISSILE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for the Department of Defense for
travel by any personnel of the Office of the Secretary of the Navy, not
more than 75 percent may be obligated or expended until the Secretary
of the Navy submits to the congressional defense committees all written
communications from or to personnel of the Department of the Navy
regarding the proposed budget amount or limitation for the nuclear-
armed sea-launched cruise missile contained in the defense budget
materials (as defined by section 231(f) of title 10, United States
Code) relating to the Navy for fiscal year 2023.
SEC. 1641. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF INFORMATION RELATING TO NUCLEAR-ARMED SEA-LAUNCHED CRUISE MISSILE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2022 for the Department of Defense for
travel by any personnel of the Office of the Secretary of Defense
(other than travel by the Secretary of Defense or the Deputy Secretary
of Defense), not more than 75 percent may be obligated or expended
until the Secretary--
(1) submits to the congressional defense committees the
analysis of alternatives for the nuclear-armed sea-launched cruise
missile; and
(2) provides to such committees a briefing on such analysis of
alternatives.
SEC. 1642. ANNUAL CERTIFICATION ON READINESS OF MINUTEMAN III
INTERCONTINENTAL BALLISTIC MISSILES.
Not later than March 1, 2022, and annually thereafter until the
date on which the ground-based strategic deterrent weapon achieves
initial operating capability, the Chairman of the Joint Chiefs of Staff
shall certify to the congressional defense committees whether the state
of the readiness of Minuteman III intercontinental ballistic missiles
requires placing heavy bombers equipped with nuclear gravity bombs or
air-launched nuclear cruise missiles, and associated refueling tanker
aircraft, on alert status.
SEC. 1643. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
nuclear deterrence policy and strategy of the United States for the
near term, the Secretary of Defense, acting through the Under Secretary
of Defense for Policy and the Vice Chairman of the Joint Chiefs of
Staff, shall conduct a comprehensive review of the nuclear posture of
the United States for the five- and 10-year periods following the date
of the review. The Secretary shall conduct the review in consultation
with the Secretary of Energy, the Secretary of State, and the Director
of National Intelligence.
(b) Elements of Review.--The nuclear posture review under
subsection (a) shall include the following elements:
(1) An assessment of the current and projected nuclear
capabilities of Russia and China, and such other potential threats
as the Secretary considers appropriate.
(2) The role of nuclear forces in military strategy, planning,
and programming of the United States.
(3) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(4) The relationship among United States nuclear deterrence
policy, targeting strategy, and arms control objectives.
(5) The role that missile defenses, conventional strike forces,
and other capabilities play in determining the role and size of
nuclear forces.
(6) The levels and composition of the nuclear delivery systems
that will be required for implementing the national and military
strategy of the United States, including ongoing plans for
replacing existing systems.
(7) The nuclear weapons complex that will be required for
implementing such national and military strategy, including ongoing
plans to modernize the complex.
(8) The active and inactive nuclear weapons stockpile that will
be required for implementing the such national and military
strategy, including ongoing plans for replacing or modifying
warheads.
(c) Report.--Concurrent with the national defense strategy required
to be submitted under section 113(g) of title 10, United States Code,
in 2022, the Secretary shall submit to the congressional defense
committees a report on the results of the nuclear posture review
conducted under subsection (a). The report shall be submitted in
unclassified and classified forms as necessary.
SEC. 1644. REVIEW OF SAFETY, SECURITY, AND RELIABILITY OF NUCLEAR
WEAPONS AND RELATED SYSTEMS.
(a) Findings.--Congress finds the following:
(1) On December 20, 1990, Secretary of Defense Cheney chartered
a five-person independent committee known as the Federal Advisory
Committee on Nuclear Failsafe and Risk Reduction to assess the
capability of the nuclear weapon command and control system to meet
the dual requirements of assurance against unauthorized use of
nuclear weapons and assurance of timely, reliable execution when
authorized, and to identify opportunities for positive measures to
enhance failsafe features.
(2) The Federal Advisory Committee, chaired by Ambassador Jeane
J. Kirkpatrick, recommended changes in the nuclear enterprise, as
well as policy proposals to reduce the risks posed by unauthorized
launches and miscalculation.
(3) The Federal Advisory Committee found, unambiguously, that
``failsafe and oversight enhancements are possible''.
(4) Since 1990, new threats to the nuclear enterprise have
arisen in the cyber, space, and information warfare domains.
(5) Ensuring the continued assurance of the nuclear command,
control, and communications infrastructure is essential to the
national security of the United States.
(b) Review.--The Secretary of Defense shall provide for the conduct
of an independent review of the safety, security, and reliability of
covered nuclear systems. The Secretary shall ensure that such review is
conducted in a manner similar to the review conducted by the Federal
Advisory Committee on Nuclear Failsafe and Risk Reduction.
(c) Matters Included.--The review conducted pursuant to subsection
(b) shall include the following:
(1) Plans for modernizing the covered nuclear systems,
including options and recommendations for technical, procedural,
and policy measures that could strengthen safeguards, improve the
security and reliability of digital technologies, and prevent
cyber-related and other risks that could lead to the unauthorized
or inadvertent use of nuclear weapons as the result of an accident,
misinterpretation, miscalculation, terrorism, unexpected
technological breakthrough, or deliberate act.
(2) Options and recommendations for nuclear risk reduction
measures, focusing on confidence building and predictability, that
the United States could carry out alone or with near-peer
adversaries to strengthen safeguards against the unauthorized or
inadvertent use of a nuclear weapon and to reduce nuclear risks.
(d) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the review conducted pursuant to subsection (b).
(e) Previous Review.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the final report of the Federal Advisory Committee
on Nuclear Failsafe and Risk Reduction.
(f) Covered Nuclear Systems Defined.--In this section, the term
``covered nuclear systems'' means the following systems of the United
States:
(1) The nuclear weapons systems.
(2) The nuclear command, control, and communications system.
(3) The integrated tactical warning/attack assessment system.
SEC. 1645. LONG-RANGE STANDOFF WEAPON.
(a) Requirement.--In addition to the requirements under section
2366c of title 10, United States Code, prior to awarding a procurement
contract for the long-range standoff weapon, the Secretary of the Air
Force, in coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall submit to the congressional defense
committees each of the following:
(1) A certification that the future-years defense program
submitted to Congress under section 221 of title 10, United States
Code, includes, or will include, estimated funding for the program
in the amounts specified in the independent estimated cost
submitted to the congressional defense committees under subsection
(a)(2) of such section 2366c.
(2) A copy of the justification and approval documentation
regarding the determination by the Secretary to award a sole-source
contract for the program, including with respect to how the
Secretary will manage the cost of the program in the absence of
competition.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide to
the congressional defense committees a briefing on the execution of the
engineering and manufacturing development contract for the long-range
standoff weapon, including with respect to--
(1) how the timely development of the long-range standoff
weapon may serve as a hedge to delays in other nuclear
modernization efforts;
(2) the effects of potential delays in the W80-4 warhead
program on the ability of the long-range standoff weapon to achieve
the initial operational capability schedule under section 217 of
the National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 706), as most recently amended by section
1668 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1774);
(3) options to adjust the budget profile of the long-range
standoff weapon program to ensure the program remains on schedule;
and
(4) a plan to ensure best value to the United States once the
programs enter into procurement.
SEC. 1646. GROUND-BASED STRATEGIC DETERRENT DEVELOPMENT PROGRAM
ACCOUNTABILITY MATRICES.
(a) In General.--Concurrent with the submission to Congress of the
budget of the President for fiscal year 2023 and each fiscal year
thereafter pursuant to section 1105(a) of title 31, United States Code,
the Secretary of the Air Force shall submit to the congressional
defense committees and the Comptroller General of the United States the
matrices described in subsection (b) relating to the ground-based
strategic deterrent weapon system.
(b) Matrices Described.--The matrices described in this subsection
are the following:
(1) Engineering and manufacturing development goals.--A matrix
that identifies, in six-month increments, key milestones,
development events, and specific performance goals for the
engineering and manufacturing development phase of the ground-based
strategic deterrent weapon system, which shall be subdivided, at a
minimum, according to the following:
(A) Technology maturity, including technology readiness
levels of major components and key demonstration events leading
to technology readiness level 7 full maturity.
(B) Design maturity for the missile, weapon system command
and control, and ground systems.
(C) Software maturity, including key events and metrics.
(D) Manufacturing maturity, including manufacturing
readiness levels for critical manufacturing operations and key
demonstration events.
(E) The schedule with respect to the following:
(i) Ground-based strategic deterrent weapon system
level critical path events and margins.
(ii) Separate individual critical path events and
margins for each of the following major events:
(I) First flight.
(II) First functional test.
(III) Weapon system qualification.
(IV) Combined certifications.
(V) Operational weapon system article.
(VI) Initial operational capability.
(VII) Wing A completion.
(F) Personnel, including planned and actual staffing for
the program office and for contractor and supporting
organizations, including for testing, nuclear certification,
and civil engineering by the Air Force.
(G) Reliability, including growth plans and key milestones.
(2) Cost.--
(A) In general.--The following matrices relating to the
cost of the ground-based strategic deterrent weapon system:
(i) A matrix expressing, in six-month increments, the
total cost for the engineering and manufacturing
development phase and low-rate initial production lots of
the ground-based strategic deterrent weapon system.
(ii) A matrix expressing the total cost for the prime
contractor's estimate for the engineering and manufacturing
development phase and production lots.
(B) Phasing and subdivision of matrices.--The matrices
described in clauses (i) and (ii) of subparagraph (A) shall
be--
(i) phased over the entire engineering and
manufacturing development period; and
(ii) subdivided according to the costs of the primary
subsystems in the ground-based strategic deterrent weapon
system work breakdown structure.
(c) Semi-annual Updates of Matrices.--Not later than 180 days after
the date on which the Secretary submits the matrices described in
subsection (b) for a year as required by subsection (a), the Secretary
shall submit to the congressional defense committees and the
Comptroller General updates to the matrices.
(d) Treatment of the First Matrices as Baseline.--
(1) In general.--The first set of matrices submitted under
subsection (a) shall be treated as the baseline for the full
engineering and manufacturing development phase and low-rate
initial production of the ground-based strategic deterrent weapon
system program for purposes of updates submitted under subsection
(c) and subsequent matrices submitted under subsection (a).
(2) Elements.--After the submission of the first set of
matrices required by subsection (a), each update submitted under
subsection (c) and each subsequent set of matrices submitted under
subsection (a) shall--
(A) clearly identify changes in key milestones, development
events, and specific performance goals identified in the first
set of matrices; and
(B) provide updated cost estimates.
(e) Assessment by Comptroller General of the United States.--Not
later than 60 days after receiving the matrices described in subsection
(b) for a year as required by subsection (a), the Comptroller General
shall assess the acquisition progress made with respect to the ground-
based strategic deterrent weapon system and brief the congressional
defense committees on the results of that assessment.
(f) Termination.--The requirements of this section shall terminate
on the date that is one year after the ground-based strategic deterrent
weapon system achieves initial operational capability.
SEC. 1647. INFORMATION REGARDING REVIEW OF MINUTEMAN III SERVICE LIFE
EXTENSION PROGRAM OR OPTIONS FOR THE FUTURE OF THE INTERCONTINENTAL
BALLISTIC MISSILE FORCE.
(a) Requirement.--The Secretary of Defense shall submit to the
congressional defense committees all--
(1) scoping documents relating to any covered review; and
(2) reports or other documents relating to any such review.
(b) Timing.--The Secretary shall submit the documents and reports
under subsection (a) by the date that is the later of the following:
(1) 15 days after the date on which the documents or reports
are produced.
(2) 15 days after the date of the enactment of this Act.
(c) Covered Review.--In this section, the term ``covered review''
means any review initiated in 2021 or 2022 by any entity pursuant to an
agreement or contract with the Federal Government regarding--
(1) a service life extension program for Minuteman III
intercontinental ballistic missiles; or
(2) the future of the intercontinental ballistic missile force.
SEC. 1648. NOTIFICATION REGARDING INTERCONTINENTAL BALLISTIC MISSILES
OF CHINA.
(a) Requirement.--If the Commander of the United States Strategic
Command determines that the number of intercontinental ballistic
missiles in the active inventory of China exceeds the number of
intercontinental ballistic missiles in the active inventory of the
United States, the number of nuclear warheads equipped on such missiles
of China exceeds the number of nuclear warheads equipped on such
missiles of the United States, or the number of intercontinental
ballistic missile launchers in China exceeds the number of
intercontinental ballistic missile launchers in the United States, the
Commander shall submit to the congressional defense committees--
(1) a notification of such determination;
(2) an assessment of the composition of the intercontinental
ballistic missiles of China, including the types of nuclear
warheads equipped on such missiles; and
(3) a strategy for deterring China.
(b) Form.--The notification under paragraph (1) of subsection (a)
shall be submitted in unclassified form, and the assessment and
strategy under paragraphs (2) and (3) of such subsection may be
submitted in classified form.
(c) Termination.--The requirement under subsection (a) shall
terminate on the date that is four years after the date of the
enactment of this Act.
SEC. 1649. INDEPENDENT REVIEW OF NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
(a) Review.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center to
conduct a review of the current plans, policies, and programs of the
nuclear command, control, and communications system of the Department
of Defense, and such plans, policies, and programs that are planned for
the 10- and 30-year periods following such date of enactment.
(b) Matters Included.--The review under subsection (a) shall
include a review of each of the following:
(1) The plans, policies, and programs described in such
subsection.
(2) The operational, organizational, programmatic, and
acquisition challenges and risks with respect to--
(A) maintaining the existing nuclear command, control, and
communications system; and
(B) the nuclear command, control, and communications system
to be fielded during the 10-year period following the date of
the enactment of this Act.
(3) Emerging technologies and how such technologies may be
applied to the next generation of the nuclear command, control, and
communications system during the 30-year period following the date
of the enactment of this Act to ensure--
(A) the survivability of the system; and
(B) the capability of the system with respect to--
(i) decisionmaking;
(ii) situation monitoring;
(iii) planning;
(iv) force direction; and
(v) force management.
(4) The security and surety of the nuclear command, control,
and communications system.
(5) Threats to the nuclear command, control, and communications
system that may occur and the ability to detect and mitigate such
threats during the 10- and 30-year periods following the date of
the enactment of this Act.
(c) Briefing.--Not later than September 1, 2022, the federally
funded research and development center that conducts the review under
subsection (a) shall provide the congressional defense committees an
interim briefing on the review under subsection (a).
(d) Report.--Not later than March 1, 2023, the federally funded
research and development center that conducts the review under
subsection (a) shall submit to the Secretary and the congressional
defense committees a report containing the review under such
subsection.
SEC. 1650. REVIEW OF ENGINEERING AND MANUFACTURING DEVELOPMENT CONTRACT
FOR GROUND-BASED STRATEGIC DETERRENT PROGRAM.
(a) Review.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force, in
coordination with the Under Secretary of Defense for Acquisition
and Sustainment, shall seek to enter into a contract with a
federally funded research and development center to conduct a
review of the implementation and the execution of the engineering
and manufacturing development phase for the ground-based strategic
deterrent program.
(2) Matters included.--The review under paragraph (1) shall
include the following:
(A) An analysis of the ability of the Air Force to
implement industry best practices regarding digital engineering
during the engineering and manufacturing development phase of
the ground-based strategic deterrent program.
(B) An assessment of the opportunities offered by the
adoption by the Air Force of digital engineering processes and
of the challenges the Air Force faces in implementing such
industry best practices.
(C) A review of the ability of the Air Force to leverage
digital engineering during such engineering and manufacturing
development phase.
(D) A review of any options that may be available to the
Air Force during the engineering and manufacturing development
phase of the ground-based strategic deterrent program to--
(i) reduce cost and introduce long-term sustainment
efficiencies; and
(ii) stimulate competition within the operations and
maintenance phase of the program.
(E) Recommendations to improve the cost, schedule, and
program management of the engineering and manufacturing
development phase for the ground-based strategic deterrent
program.
(3) Provision of information.--The Secretary shall provide to
the individuals conducting the review under paragraph (1) all
information necessary for the review.
(4) Security clearances.--The Secretary shall ensure that each
individual who conducts the review under paragraph (1) holds a
security clearance at the appropriate level for such review.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the review under subsection
(a)(1). The report shall be submitted in unclassified form and shall
include a classified annex.
(c) Briefing.--Not later than 90 days after the date on which the
Secretary submits the report under subsection (b), the Secretary shall
provide to the congressional defense committees a briefing on--
(1) plans of the Air Force for implementing any of the
recommendations contained in the review under subsection (a)(1);
and
(2) an explanation for rejecting any recommendations contained
in the review that the Secretary elects not to implement.
SEC. 1651. REPORT ON RE-ALERTING LONG-RANGE BOMBERS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the congressional
defense committees a report containing--
(1) a cost estimate with respect to re-alerting long-range
bombers and air refueling tanker aircraft in the absence of a
ground-based leg of the nuclear triad; and
(2) an assessment of the impact of such re-alerting on force
readiness.
SEC. 1652. COMPTROLLER GENERAL STUDY AND UPDATED REPORT ON NUCLEAR
WEAPONS CAPABILITIES AND FORCE STRUCTURE REQUIREMENTS.
(a) Comptroller General Study Required.--The Comptroller General of
the United States shall conduct a study on the strategic nuclear
weapons capabilities, force structure, employment policy, and targeting
requirements of the Department of Defense.
(b) Matters Covered.--The study conducted under subsection (a)
shall, at minimum, consist of an update to the report of the
Comptroller General titled ``Strategic Weapons: Changes in the Nuclear
Weapons Targeting Process Since 1991'' (GAO-12-786R) and dated July 31,
2012, including covering any changes to--
(1) how the Department of Defense has assessed threats and
modified its nuclear deterrence policy;
(2) targeting and employment guidance from the President, the
Secretary of Defense, the Chairman of the Joint Chiefs of Staff,
and the Commander of United States Strategic Command;
(3) nuclear weapons planning and targeting, including
categories and types of targets;
(4) strategic nuclear forces, including the stockpile, force
posture, and modernization;
(5) the level of civilian oversight;
(6) the relationship between targeting and requirements; and
(7) any other matters considered appropriate by the Comptroller
General.
(c) Reporting.--
(1) Briefing on preliminary findings.--Not later than March 31,
2022, the Comptroller General shall provide to the congressional
defense committees a briefing on the preliminary findings of the
study conducted under subsection (a).
(2) Final report.--The Comptroller General shall submit to the
congressional defense committees a final report on the findings of
the study conducted under subsection (a) at a time agreed to by the
Comptroller General and the congressional defense committees at the
briefing required by paragraph (1).
(3) Form.--The briefing required by paragraph (1) may be
provided, and the report required by paragraph (2) may be
submitted, in classified form.
(d) Cooperation.--The Secretary of Defense and the Secretary of
Energy shall provide the Comptroller General with full cooperation and
access to appropriate officials, guidance, and documentation for the
purposes of conducting the study required by subsection (a).
SEC. 1653. BRIEFING ON CONSULTATIONS WITH UNITED STATES ALLIES
REGARDING NUCLEAR POSTURE REVIEW.
(a) In General.--Not later than the date on which the Secretary of
Defense issues the first Nuclear Posture Review after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall provide to the appropriate congressional
committees, the Majority and Minority Leaders of the Senate, and the
Speaker and Minority Leader of the House of Representatives a briefing
on all consultations with allies of the United States regarding the
Nuclear Posture Review.
(b) Elements.--The briefing required by subsection (a) shall
include the following:
(1) A listing of all countries consulted with respect to the
Nuclear Posture Review, including the dates and circumstances of
each such consultation and the countries present.
(2) An overview of the topics and concepts discussed with each
such country during such consultations, including any discussion of
potential changes to the nuclear declaratory policy of the United
States.
(3) An opportunity for the committees and officials referred to
in subsection (a) to view documents relating to such consultations.
(4) A summary of any feedback provided during such
consultations.
(c) Form.--The briefing required by subsection (a) shall be
conducted in both in an unclassified and classified format.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
Subtitle D--Missile Defense Programs
SEC. 1661. NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION AND
REQUIREMENTS PROCESSES AND RESPONSIBILITIES OF MISSILE DEFENSE AGENCY.
(a) Notice and Wait Requirement.--Section 205 of title 10, United
States Code, is amended--
(1) by striking ``The Director'' and inserting ``(a)
Appointment of Director.--The Director''; and
(2) by adding at the end the following new subsection:
``(b) Notification of Changes to Non-standard Acquisition and
Requirements Processes and Responsibilities.--(1) The Secretary of
Defense may not make any changes to the missile defense non-standard
acquisition and requirements processes and responsibilities unless,
with respect to those proposed changes--
``(A) the Secretary, without delegation, has taken each of the
actions specified in paragraph (2); and
``(B) a period of 120 days has elapsed following the date on
which the Secretary submits the report under subparagraph (C) of
such paragraph.
``(2) If the Secretary proposes to make changes to the missile
defense non-standard acquisition and requirements processes and
responsibilities, the Secretary shall--
``(A) consult with the Under Secretary of Defense for Research
and Engineering, the Under Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense for Policy, the
Secretaries of the military departments, the Chairman of the Joint
Chiefs of Staff, the Commander of the United States Strategic
Command, the Commander of the United States Northern Command, and
the Director of the Missile Defense Agency, regarding the changes;
``(B) certify to the congressional defense committees that the
Secretary has coordinated the changes with, and received the views
of, the individuals referred to in subparagraph (A);
``(C) submit to the congressional defense committees a report
that contains--
``(i) a description of the changes, the rationale for the
changes, and the views of the individuals referred to in
subparagraph (A) with respect to the changes;
``(ii) a certification that the changes will not impair the
missile defense capabilities of the United States nor degrade
the unique special acquisition authorities of the Missile
Defense Agency; and
``(iii) with respect to any such changes to Department of
Defense Directive 5134.09, or successor directive issued in
accordance with this subsection, a final draft of the proposed
modified directive, both in an electronic format and in a hard
copy format; and
``(D) with respect to any such changes to Department of Defense
Directive 5134.09, or successor directive issued in accordance with
this subsection, provide to such committees a briefing on the
proposed modified directive described in subparagraph (C)(iii).
``(3) In this subsection, the term `non-standard acquisition and
requirements processes and responsibilities' means the processes and
responsibilities described in--
``(A) the memorandum of the Secretary of Defense titled
`Missile Defense Program Direction' signed on January 2, 2002, as
in effect on the date of the enactment of this subsection or as
modified in accordance with this subsection, or any successor
memorandum issued in accordance with this subsection;
``(B) Department of Defense Directive 5134.09, as in effect on
the date of the enactment of this subsection (without regard to any
modifications described in Directive-type Memorandum 20-002 of the
Deputy Secretary of Defense, or any amendments or extensions
thereto made before the date of such enactment), or as modified in
accordance with this subsection, or any successor directive issued
in accordance with this subsection; and
``(C) United States Strategic Command Instruction 538-3 titled
`MD Warfighter Involvement Process', as in effect on the date of
the enactment of this subsection or as modified in accordance with
this subsection, or any successor instruction issued in accordance
with this subsection.''.
(b) Conforming Amendments.--
(1) FY20 ndaa.--Section 1688 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1787) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(2) FY21 ndaa.--Section 1641 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 4061) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
SEC. 1662. LIMITATION ON MISSILE DEFENSE AGENCY PRODUCTION OF
SATELLITES AND GROUND SYSTEMS ASSOCIATED WITH OPERATION OF SUCH
SATELLITES.
(a) Limitation.--
(1) Production of satellites and ground systems.--The Director
of the Missile Defense Agency may not authorize or obligate funding
for a program of record for the production of satellites or ground
systems associated with the operation of such satellites.
(2) Prototype satellites.--
(A) Authority.--The Director, with the concurrence of the
Space Acquisition Council established by section 9021 of title
10, United States Code, may authorize the production of one or
more prototype satellites, consistent with the requirements of
the Missile Defense Agency.
(B) Report.--Not later than 30 days after the date on which
the Space Acquisition Council concurs with the Director with
respect to authorizing the production of a prototype satellite
under subparagraph (A), the chair of the Council shall submit
to the congressional defense committees a report explaining the
reasons for such concurrence.
(C) Obligation of funds.--The Director may not obligate
funds for the production of a prototype satellite under
subparagraph (A) before the date on which the Space Acquisition
Council submits the report for such prototype satellite under
subparagraph (B).
(b) Hypersonic and Ballistic Missile Tracking Space Sensor.--
Section 1645 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Waiver of Certain Limitation.--The Assistant Secretary of the
Air Force for Space Acquisition and Integration, acting as the chair of
the Space Acquisition Council, may waive the limitation in section 1662
of the National Defense Authorization Act for Fiscal Year 2022, with
respect to the hypersonic and ballistic missile tracking space sensor
program if the Assistant Secretary--
``(1) determines that such limitation would delay the delivery
of an operational hypersonic and ballistic missile tracking space
sensor because of technical, cost, or schedule factors; and
``(2) submits to the congressional defense committees--
``(A) the technical, schedule, or cost rationale for the
waiver;
``(B) an acquisition strategy for the hypersonic and
ballistic missile tracking space sensor program that is signed
by both the Director and the Assistant Secretary; and
``(C) a lead service agreement entered into by the Director
and the Chief of Space Operations regarding the operation and
sustainment of the hypersonic and ballistic missile tracking
space sensor and the integration of the sensor into the
architecture of the Space Force.''.
SEC. 1663. EXTENSION OF PERIOD FOR TRANSITION OF BALLISTIC MISSILE
DEFENSE PROGRAMS TO MILITARY DEPARTMENTS.
Section 1676(b)(1) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by
striking ``the date on which the budget of the President for fiscal
year 2023 is submitted under section 1105 of title 31, United States
Code,'' and inserting, ``October 1, 2023,''.
SEC. 1664. DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND HYPERSONIC
MISSILE DEFENSE.
(a) Authority of the Missile Defense Agency.--The Secretary of
Defense shall delegate to the Director of the Missile Defense Agency
the authority to budget for, direct, and manage directed energy
programs applicable for ballistic and hypersonic missile defense
missions, in coordination with other directed energy efforts of the
Department of Defense.
(b) Prioritization.--In budgeting for and directing directed energy
programs applicable for ballistic and hypersonic defensive missions
pursuant to subsection (a), the Director of the Missile Defense Agency
shall--
(1) prioritize the early research and development of
technologies; and
(2) address the transition of such technologies to industry to
support future operationally relevant capabilities.
SEC. 1665. GUAM INTEGRATED AIR AND MISSILE DEFENSE SYSTEM.
(a) Architecture and Acquisition.--The Secretary of Defense, acting
through the Director of the Missile Defense Agency, and in coordination
with the Commander of the United States Indo-Pacific Command, shall
identify the architecture and acquisition approach for implementing a
360-degree integrated air and missile defense capability to defend the
people, infrastructure, and territory of Guam from the scope and scale
of advanced cruise, ballistic, and hypersonic missile threats that are
expected to be fielded during the 10-year period beginning on the date
of the enactment of this Act.
(b) Requirements.--The architecture identified under subsection (a)
shall have the ability to--
(1) integrate, while maintaining high kill chain performance
against advanced threats, all applicable--
(A) multi-domain sensors that contribute substantively to
track quality and track custody;
(B) interceptors; and
(C) command and control systems;
(2) address robust discrimination and electromagnetic
compatibility with other sensors;
(3) engage directly, or coordinate engagements with other
integrated air and missile defense systems, to defeat the spectrum
of cruise, ballistic, and hypersonic threats expected to be fielded
during the 10-year period beginning on the date of the enactment of
this Act;
(4) leverage existing programs of record to expedite the
development and deployment of the architecture during the five-year
period beginning on the date of the enactment of this Act, with an
objective of achieving initial operating capability in 2025,
including with respect to--
(A) the Aegis ballistic missile defense system;
(B) standard missile-3 and -6 variants;
(C) the terminal high altitude area defense system;
(D) the Patriot air and missile defense system;
(E) the integrated battle control system; and
(F) the lower tier air and missile defense sensor and other
lower tier capabilities, as applicable;
(5) integrate future systems and interceptors, including
directed energy-based kill systems, that will also have the
capability to detect, track, and defeat hypersonic missiles in the
glide and terminal phases, including integration of passive
measures to protect assets in Guam; and
(6) incentivize competition within the acquisition of the
architecture and rapid procurement and deployment wherever
possible.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the architecture and acquisition approach
identified under subsection (a), including--
(1) an assessment of the development and implementation risks
associated with each of the elements identified under subsection
(b); and
(2) a plan for expending funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for such
architecture.
(d) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the Department
of Defense for the Office of Cost Assessment and Program Evaluation,
not more than 80 percent may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional defense
committees the report under subsection (c).
SEC. 1666. MISSILE DEFENSE RADAR IN HAWAII.
As a part of the defense budget materials (as defined in section
239 of title 10, United States Code) for fiscal year 2023, the Director
of the Missile Defense Agency shall certify to the congressional
defense committees that--
(1) the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in 2022 includes
adequate amounts of estimated funding to develop, construct, test,
and integrate into the missile defense system the discrimination
radar for homeland defense planned to be located in Hawaii; and
(2) such radar and associated in-flight interceptor
communications system data terminal will be operational by not
later than December 31, 2028.
SEC. 1667. CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO TOUR CERTAIN
MISSILE DEFENSE SITES.
(a) Certification.--Before the Secretary of Defense makes a
determination with respect to allowing a foreign national of Russia or
China to tour a covered site, the Secretary shall submit to the
congressional defense committees a certification that--
(1) the Secretary has determined that such tour is in the
national security interest of the United States, including the
justifications for such determination; and
(2) the Secretary will not share any technical data relating to
the covered site with the foreign nationals.
(b) Timing.--The Secretary may not conduct a tour described in
subsection (a) until a period of 45 days has elapsed following the date
on which the Secretary submits the certification for that tour under
such subsection.
(c) Construction With Other Requirements.--Nothing in this section
shall be construed to supersede or otherwise affect section 130h of
title 10, United States Code.
(d) Covered Site.--In this section, the term ``covered site'' means
any of the following:
(1) The combat information center of a naval ship equipped with
the Aegis ballistic missile defense system.
(2) An Aegis Ashore site.
(3) A terminal high altitude area defense battery.
(4) A ground-based midcourse defense interceptor silo.
SEC. 1668. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE OF THE
UNITED STATES HOMELAND.
(a) Funding Plan.--The Director of the Missile Defense Agency shall
develop a funding plan that includes funding lines across the future-
years defense program under section 221 of title 10, United States
Code, for the next generation interceptor that--
(1) while applying lessons learned from the redesigned kill
vehicle program, incorporating recommendations from the Comptroller
General of the United States, and implementing ``fly-before-you-
buy'' principles, produces and begins deployment of the next
generation interceptor as early as practicable;
(2) includes acquiring at least 20 operational next generation
interceptors; and
(3) includes transition plans to replace the current inventory
of silo-based boosters with follow-on systems prior to the end of
the useful lifecycle of the boosters.
(b) Report on Funding Profile.--The Director shall include with the
budget justification materials submitted to Congress in support of the
budget of the Department of Defense for fiscal year 2023 (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) a report on the funding profile necessary for the
next generation interceptor program through the date on which the
program achieves full operational capability.
(c) Congressional Notification of Cancellation Requirement.--Not
later than 30 days prior to any final decision to cancel the next
generation interceptor program, the Director shall provide to the
congressional defense committees a briefing on such decision,
including--
(1) a justification for the decision; and
(2) an analysis of the national security risk that the Director
accepts by reason of cancelling such program.
(d) Inclusion in Required Flight Tests.--Section 1689(a) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 2431 note) is amended by adding after the period at
the end the following new sentence: ``Beginning not later than five
years after the date on which the next generation interceptor achieves
initial operational capability, the Director shall ensure that such
flight tests include the next generation interceptor.''.
(e) Report.--Not later than the date of on which the Director
approves the next generation interceptor program to enter the initial
production phase of the acquisition process, the Director shall submit
to the congressional defense committees a report outlining estimated
annual costs for conducting annual, operationally relevant flight
testing to evaluate the reliability of the system developed under such
program, including associated production costs for procuring sufficient
flight systems to support such testing for the projected life of the
system.
(f) Program Accountability Matrices.--
(1) Requirement.--Concurrent with the submission to Congress of
the budget of the President for fiscal year 2023 and each fiscal
year thereafter pursuant to section 1105(a) of title 31, United
States Code, the Director shall submit to the congressional defense
committees and the Comptroller General of the United States the
matrices described in paragraph (2) relating to the next generation
interceptor program.
(2) Matrices described.--The matrices described in this
subsection are the following:
(A) Technology and product development goals.--A matrix
that identifies, in six-month increments, key milestones,
development events, and specific performance goals for the
technology development phase of the next generation interceptor
program, which shall be subdivided, at a minimum, according to
the following:
(i) Technology maturity, including technology readiness
levels of major interceptor components and key
demonstration events leading to full maturity.
(ii) Design maturity, including key events and metrics,
at the interceptor all up round level and major interceptor
component level.
(iii) Parts testing, including key events and metrics
for vetting parts and components through a parts,
materials, and processes mission assurance plan.
(iv) Software maturity, including key events and
metrics, at the all up round level and major interceptor
component level for the interceptor.
(v) Manufacturing maturity, including manufacturing
readiness levels for critical manufacturing operations and
key demonstration events.
(vi) Schedule, with respect to key program milestones,
critical path events, and margins.
(vii) Reliability, including growth plans and key
milestones.
(viii) Developmental testing and cybersecurity.
(ix) Any other technology and product development goals
the Director determines to be appropriate.
(B) Cost.--
(i) In general.--The following matrices relating to the
cost of the next generation interceptor program:
(I) A matrix expressing, in six-month increments,
the total cost for the technology development phase.
(II) A matrix expressing the total cost for each of
the contractors' estimates for the technology
development phase.
(ii) Phasing and subdivision of matrices.--The matrices
described in clauses (i) and (ii) of subparagraph (B) shall
be--
(I) phased over the entire technology development
phase; and
(II) subdivided according to the costs major
interceptor component of each next generation
interceptor configuration.
(C) Stakeholder and independent reviews.--A matrix that
identifies, in six-month increments, plans and status for
coordinating products and obtaining independent reviews for the
next generation interceptor program for the technology
development phase, which shall be subdivided according to the
following:
(i) Performance requirements, including coordinating,
updating, and obtaining approval of the top-level
requirements document.
(ii) Intelligence inputs, processes, and products,
including--
(I) coordinating, updating, and validating the
homeland ballistic missile defense validated online
lifecycle threat with the Director of the Defense
Intelligence Agency; and
(II) coordinating and obtaining approval of a
lifecycle mission data plan.
(iii) Independent assessments, including obtaining an
initial and updated--
(I) technical risk assessment; and
(II) cost estimate.
(iv) Models and simulations, including--
(I) obtaining accreditation of interceptor models
and simulations at both the all up round level and
subsystem level from the Ballistic Missile Defense
Operational Test Agency;
(II) obtaining certification of threat models used
for interceptor ground test from the Ballistic Missile
Defense Operational Test Agency; and
(III) obtaining accreditation from the Director of
the Defense Intelligence Agency on all threat models,
simulations, and associated data used to support
interceptor development.
(v) Sustainability and obsolescence, including
coordinating and obtaining approval of a lifecycle
sustainment plan.
(vi) Cybersecurity, including coordinating and
obtaining approval of a cybersecurity strategy.
(3) Form.--The matrices submitted under paragraph (2) shall be
in unclassified form, but may contain a classified annex.
(4) Semiannual updates of matrices.--Not later than 180 days
after the date on which the Director submits the matrices described
in paragraph (2) for a year as required by paragraph (1), the
Director shall submit to the congressional defense committees and
the Comptroller General updates to the matrices.
(5) Treatment of the first matrices as baseline.--
(A) In general.--The first set of matrices submitted under
paragraph (1) shall be treated as the baseline for the
technology development phase of the next generation interceptor
program for purposes of updates submitted under subsection (i)
and subsequent matrices submitted under paragraph (1).
(B) Elements.--After the submission of the first set of
matrices required by paragraph (1), each update submitted under
paragraph (4) and each subsequent set of matrices submitted
under paragraph (1) shall--
(i) clearly identify changes in key milestones,
development events, and specific performance goals
identified in the first set of matrices under subparagraph
(A) of paragraph (2);
(ii) provide updated cost estimates under subparagraph
(B) of such paragraph; and
(iii) provide updated plans and status under
subparagraph (C) of such paragraph.
(6) Assessment by comptroller general of the united states.--
Not later than 60 days after receiving the matrices described in
paragraph (2) for a year as required by paragraph (1), the
Comptroller General shall--
(A) assess the acquisition progress made with respect to
the next generation interceptor program; and
(B) provide to the congressional defense committees a
briefing on the results of that assessment.
(7) Termination.--The requirements of this subsection shall
terminate on the date that is one year after the date on which the
next generation interceptor program is approved to enter the
product development phase.
SEC. 1669. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2022 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $108,000,000 may be provided to the Government of Israel
to procure components for the Iron Dome short-range rocket defense
system through co-production of such components in the United
States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be available
subject to the terms and conditions in the Agreement Between
the Department of Defense of the United States of America and
the Ministry of Defense of the State of Israel Concerning Iron
Dome Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified
Iron Dome components and Tamir interceptor sub-components,
a certification that the Government of Israel has
demonstrated successful completion of Production Readiness
Reviews, including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2022 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $30,000,000 may be provided to the Government of Israel
to procure the David's Sling Weapon System, including for co-
production of parts and components in the United States by United
States industry.
(2) Agreement.--Provision of funds specified in paragraph (1)
shall be subject to the terms and conditions in the bilateral co-
production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States industry
for the David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge points,
technical milestones, and production readiness reviews required
by the research, development, and technology agreement and the
bilateral co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2022 for procurement,
Defense-wide, and available for the Missile Defense Agency not more
than $62,000,000 may be provided to the Government of Israel for
the Arrow 3 Upper Tier Interceptor Program, including for co-
production of parts and components in the United States by United
States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow 3
Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of
co-production of parts and components on the basis of the
greatest practicable co-production of parts, components,
and all-up rounds (if appropriate) by United States
industry and minimizes nonrecurring engineering and
facilitization expenses to the costs needed for co-
production;
(ii) complete transparency on the requirement of Israel
for the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) no later than 30
days before the funds specified in paragraph (1) of subsections (b) and
(c) for the respective system covered by the certification are provided
to the Government of Israel.
(f) Workshare for Iron Dome Replenishment Efforts.--
(1) Maintenance of agreement.--With respect to replenishment
efforts for the Iron Dome short-range rocket defense system carried
out during fiscal year 2022, the Secretary of Defense may seek to
maintain a workshare agreement for the United States production of
systems that are covered, as of the date of the enactment of this
Act, under the memorandum of understanding regarding United States
and Israeli cooperation on missile defense.
(2) Briefing.--The Secretary of Defense shall provide to the
appropriate congressional committees a briefing detailing the terms
of any workshare agreements described by paragraph (1).
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1670. UPDATE OF STUDY ON DISCRIMINATION CAPABILITIES OF THE
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Update.--The Secretary of Defense shall enter into an
arrangement with the private scientific advisory group known as JASON
under which JASON shall carry out an update to the study conducted
pursuant to section 237 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2236) on the
discrimination capabilities and limitations of the missile defense
system of the United States, including such discrimination capabilities
that exist or are planned as of the date of the update.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the study.
(c) Form.--The report under subsection (b) may be submitted in
classified form, but shall contain an unclassified summary.
SEC. 1671. SEMIANNUAL UPDATES ON MEETINGS HELD BY THE MISSILE DEFENSE
EXECUTIVE BOARD.
(a) Semiannual Updates.--Not later than March 1 and September 1 of
each year, the Under Secretary of Defense for Research and Engineering
and the Under Secretary of Defense for Acquisition and Sustainment,
acting in their capacities as co-chairs of the Missile Defense
Executive Board pursuant to section 1681(c) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2162), shall provide to the congressional defense
committees a semiannual update including, with respect to the six-month
period preceding the update--
(1) the dates on which the Board met; and
(2) except as provided by subsection (b), a summary of any
decisions made by the Board at each meeting of the Board and the
rationale for and options that informed such decisions.
(b) Exception for Certain Budgetary Matters.--The co-chairs shall
not be required to include in a semiannual update under subsection (a)
the matters described in paragraph (2) of such subsection with respect
to decisions of the Board relating to the budget of the President for a
fiscal year if the budget for that fiscal year has not been submitted
to Congress under section 1105 of title 31, United States Code, as of
the date of the semiannual update.
(c) Form of Update.--The co-chairs may provide a semiannual update
under subsection (a) either in the form of a briefing or a written
report.
(d) Technical Amendments.--
(1) FY18 ndaa.--Section 1676(c)(3)(B) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 205 note) is amended by striking ``chairman'' and inserting
``chair''.
(2) FY19 ndaa.--Section 1681(c) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2162) is amended--
(A) in the matter preceding paragraph (1), by striking
``chairman'' and inserting ``chair''; and
(B) in paragraph (2), by striking ``co-chairman'' and
inserting ``co-chair''.
SEC. 1672. MATTERS REGARDING INTEGRATED DETERRENCE REVIEW.
(a) Reports.--Not later than 30 days after the date on which the
Integrated Deterrence Review that commenced during 2021 is submitted to
the congressional defense committees, the Secretary of Defense shall
submit to the congressional defense committees the following:
(1) Each final report, assessment, and guidance document
produced by the Department of Defense pursuant to the Integrated
Deterrence Review or during subsequent actions taken to implement
the conclusions of the Integrated Deterrence Review, including with
respect to each covered review.
(2) A report explaining how each such covered review differs
from the previous such review.
(b) Certifications.--Not later than 30 days after the date on which
a covered review is submitted to the congressional defense committees,
the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the
Joint Chiefs of Staff, and the Commander of the United States Strategic
Command shall each directly submit to such committees--
(1) a certification regarding whether the Chairman, Vice
Chairman, or Commander, as the case may be, had the opportunity to
provide input into the covered review; and
(2) a description of the degree to which the covered reviews
differ from the military advice contained in such input (or, if
there was no opportunity to provide such input, would have been
contained in the input if so provided).
(c) Covered Review Defined.--In this section, the term ``covered
review'' means--
(1) the Missile Defense Review that commenced during 2021; and
(2) the Nuclear Posture Review that commenced during 2021.
SEC. 1673. SEMIANNUAL NOTIFICATIONS REGARDING MISSILE DEFENSE TESTS AND
COSTS.
(a) Semiannual Notifications Required.--For each period described
in subsection (b), the Director of the Missile Defense Agency shall
submit to the congressional defense committees a notification of all--
(1) flight tests (intercept and non-intercept) planned to occur
during the period covered by the notification based on the
Integrated Master Test Plan the Director used to support the
President's budget submission under section 1105 of title 31,
United States Code, for the fiscal year of the period covered; and
(2) ground tests planned to occur during such period based on
such plan.
(b) Periods Described.--The periods described in this subsection
are--
(1) the first 180-calendar-day period beginning on the date
that is 90 days after the date of the enactment of this Act; and
(2) each subsequent, sequential 180-calendar-day period
beginning thereafter until the date that is five years and 90
calendar days after the date of the enactment of this Act.
(c) Timing of Notification.--Each notification submitted under
subsection (a) for a period described in subsection (b) shall be
submitted--
(1) not earlier than 30 calendar days before the last day of
the period; and
(2) not later than the last day of the period.
(d) Contents.--Each notification submitted under subsection (a)
shall include the following:
(1) For the period covered by the notification:
(A) With respect to each flight test described in
subsection (a)(1), the following:
(i) The entity responsible for leading the flight test
(such as the Missile Defense Agency, the Army, or the Navy)
and the classification level of the flight test.
(ii) The planned cost (the most recent flight test cost
estimate, including interceptors and targets), the actual
costs and expenditures to-date, and an estimate of any
remaining costs and expenditures.
(iii) All funding (including any appropriated,
transferred, or reprogrammed funding) the Agency has
received to-date for the flight test.
(iv) All changes made to the scope and objectives of
the flight test and an explanation for such changes.
(v) The status of the flight test, such as conducted-
objectives achieved, conducted-objectives not achieved
(failure or no-test), delayed, or canceled.
(vi) In the event of a flight test status of conducted-
objectives not achieved (failure or no-test), delayed, or
canceled--
(I) the reasons the flight test did not succeed or
occur;
(II) in the event of a flight test status of
failure or no-test, the plan and cost estimate to
retest, if necessary, and any contractor liability, if
appropriate;
(III) in the event of a flight test delay, the
fiscal year and quarter the objectives were first
planned to be met, the names of the flight tests the
objectives have been moved to, the aggregate duration
of the delay to-date, and, if applicable, any risks to
the warfighter from the delay; and
(IV) in the event of a flight test cancellation,
the fiscal year and quarter the objectives were first
planned to be met, whether the objectives from the
canceled test were met by other means, moved to a
different flight test, or removed, a revised spend plan
for the remaining funding the agency received for the
flight test to-date, and, if applicable, any risks to
the warfighter from the cancellation; and
(vii) the status of any decisions reached by failure
review boards open or completed during the period covered
by the notification.
(B) With respect to each ground test described in
subsection (a)(2), the following:
(i) The planned cost (the most recent ground test cost
estimate), the actual costs and expenditures to-date, and
an estimate of any remaining costs and expenditures.
(ii) The designation of the ground test, whether
developmental, operational, or both.
(iii) All changes made to the scope and objectives of
the ground test and an explanation for such changes.
(iv) The status of the ground test, such as conducted-
objectives achieved, conducted-objectives not achieved
(failure or no-test), delayed, or canceled.
(v) In the case of a ground test status of conducted-
objectives not achieved (failure or no-test), delayed, or
canceled--
(I) the reasons the ground test did not succeed or
occur; and
(II) if applicable, any risks to the warfighter
from the ground test not succeeding or occurring;
(vi) The participating system and element models used
for conducting ground tests and the accreditation status of
the participating system and element models.
(vii) Identification of any cybersecurity tests
conducted or planned to be conducted as part of the ground
test.
(viii) For each cybersecurity test identified under
subparagraph (G), the status of the cybersecurity test,
such as conducted-objectives achieved, conducted-objectives
not achieved (failure or no-test), delayed, or canceled.
(ix) In the case of a cybersecurity test identified
under subparagraph (G) with a status of conducted-
objectives, not achieved, delayed, or canceled--
(I) the reasons for such status; and
(II) any risks, if applicable, to the warfighter
from the cybersecurity test not succeeding or
occurring.
(2) To the degree applicable and known, the matters covered by
paragraph (1) but for the period subsequent to the covered period.
(e) Events Spanning Multiple Notification Periods.--Events that
span from one period described in subsection (b) into another period
described in such subsection, such as a the case of a failure review
board convening in one period and reaching a decision in the following
period, shall be covered by notifications under subsection (a) for both
periods.
(f) Form.--Each notification submitted under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 1674. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE AGENCY.
Not later than 60 days after the date of the enactment of this Act,
the Director of the Missile Defense Agency shall submit to the
congressional defense committees a report detailing the following:
(1) The responsibilities of the positions of the Director, Sea-
based Weapons Systems, and the Deputy Director of the Missile
Defense Agency.
(2) The role of the officials who occupy these positions with
respect to the functional combatant commands with missile defense
requirements.
(3) The rationale and benefit of having an official in these
positions who is a general officer or flag officer versus a
civilian.
SEC. 1675. INDEPENDENT STUDY OF ROLES AND RESPONSIBILITIES OF
DEPARTMENT OF DEFENSE COMPONENTS RELATING TO MISSILE DEFENSE.
(a) Independent Study and Report.--
(1) Contract.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with the National Academy of Public Administration
(in this section referred to as the ``Academy'') for the Academy to
perform the services covered by this subsection.
(2) Study and report.--
(A) Roles and responsibilities.--Under an agreement between
the Secretary and the Academy under this subsection, the
Academy shall carry out an study regarding the roles and
responsibilities of the various components of the Department of
Defense as they pertain to missile defense.
(B) Matters included.--The study required by subparagraph
(A) shall include the following:
(i) A comprehensive assessment and analysis of existing
Department component roles and responsibilities for the
full range of missile defense activities, including
establishment of requirements, research and development,
system acquisition, and operations.
(ii) Identification of gaps in component capability of
each applicability component for performing its assigned
missile defense roles and responsibilities.
(iii) Identification of opportunities for deconflicting
mission sets, eliminating areas of unnecessary duplication,
reducing waste, and improving efficiency across the full
range of missile defense activities.
(iv) Development of a timetable for the implementation
of the opportunities identified under clause (iii).
(v) Development of recommendations for such legislative
or administrative action as the Academy considers
appropriate pursuant to carrying out clauses (i) through
(iv).
(vi) Such other matters as the Secretary may require.
(C) Report.--
(i) Requirement.--Not later than one year after the
date on which the Secretary and the Academy enter into a
contract under paragraph (1), the Academy shall submit to
the Secretary and the congressional defense committees a
report on the study conducted under subparagraph (A).
(ii) Elements.--The report submitted under clause (i)
shall include the findings of the Academy with respect to
the study carried out under subparagraph (A) and any
recommendations the Academy may have for legislative or
administrative action pursuant to such study.
(3) Alternate contract organization.--
(A) Agreement.--If the Secretary is unable within the time
period prescribed in paragraph (1) to enter into an agreement
described in such paragraph with the Academy on terms
acceptable to the Secretary, the Secretary shall seek to enter
into such an agreement with another appropriate organization
that--
(i) is not part of the Government;
(ii) operates as a not-for-profit entity; and
(iii) has expertise and objectivity comparable to that
of the Academy.
(B) References.--If the Secretary enters into an agreement
with another organization as described in subparagraph (A), any
reference in this subsection to the Academy shall be treated as
a reference to the other organization.
(b) Report by Secretary of Defense.--Not later than 120 days after
the date on which the report is submitted pursuant to subsection
(a)(2)(C), the Secretary shall submit to the congressional defense
committees a report on the views of the Secretary on the findings and
recommendations set forth in the report submitted under such
subsection, together with such recommendations as the Secretary may
have for changes in the structure, functions, responsibilities, and
authorities of the Department.
Subtitle E--Other Matters
SEC. 1681. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $344,849,000 authorized to be
appropriated to the Department of Defense for fiscal year 2022 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $2,997,000.
(2) For chemical weapons destruction, $13,250,000.
(3) For global nuclear security, $17,767,000.
(4) For cooperative biological engagement, $229,022,000.
(5) For proliferation prevention, $58,754,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $23,059,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2022, 2023, and 2024.
SEC. 1682. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL
COMMUNICATIONS COMMISSION ORDER 20-48.
Section 1664 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by inserting ``or any subsequent fiscal year'' after ``fiscal year
2021''; and
(2) by adding at the end the following new subsections:
``(d) Distribution of Estimate.--As soon as practicable after
submitting an estimate as described in paragraph (1) of subsection (a)
and making the certification described in paragraph (2) of such
subsection, the Secretary shall make such estimate available to any
licensee operating under the Order and Authorization described in such
subsection.
``(e) Authority of Secretary of Defense to Seek Recovery of
Costs.--The Secretary may work directly with any licensee (or any
future assignee, successor, or purchaser) affected by the Order and
Authorization described in subsection (a) to seek recovery of costs
incurred by the Department as a result of the effect of such order and
authorization.
``(f) Reimbursement.--
``(1) In general.--The Secretary shall establish and facilitate
a process for any licensee (or any future assignee, successor, or
purchaser) subject to the Order and Authorization described in
subsection (a) to provide reimbursement to the Department, only to
the extent provided in appropriation Acts, for the covered costs
and eligible reimbursable costs submitted and certified to the
congressional defense committees under such subsection.
``(2) Use of funds.--The Secretary shall use any funds received
under this subsection, to the extent and in such amounts as are
provided in advance in appropriation Acts, for covered costs
described in subsection (b) and the range of eligible reimbursable
costs identified under subsection (a)(1).
``(3) Report.--Not later than 90 days after the date on which
the Secretary establishes the process required by paragraph (1),
the Secretary shall submit to the congressional defense committees
a report on such process.''.
SEC. 1683. ESTABLISHMENT OF OFFICE, ORGANIZATIONAL STRUCTURE, AND
AUTHORITIES TO ADDRESS UNIDENTIFIED AERIAL PHENOMENA.
(a) Establishment of Office.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence, shall
establish an office within a component of the Office of the Secretary
of Defense, or within a joint organization of the Department of Defense
and the Office of the Director of National Intelligence, to carry out
the duties of the Unidentified Aerial Phenomena Task Force, as in
effect on the day before the date of enactment of this Act, and such
other duties as are required by this section.
(b) Duties.--The duties of the Office established under subsection
(a) shall include the following:
(1) Developing procedures to synchronize and standardize the
collection, reporting, and analysis of incidents, including adverse
physiological effects, regarding unidentified aerial phenomena
across the Department of Defense and the intelligence community.
(2) Developing processes and procedures to ensure that such
incidents from each component of the Department and each element of
the intelligence community are reported and incorporated in a
centralized repository.
(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
(4) Evaluating links between unidentified aerial phenomena and
adversarial foreign governments, other foreign governments, or
nonstate actors.
(5) Evaluating the threat that such incidents present to the
United States.
(6) Coordinating with other departments and agencies of the
Federal Government, as appropriate, including the Federal Aviation
Administration, the National Aeronautics and Space Administration,
the Department of Homeland Security, the National Oceanic and
Atmospheric Administration, and the Department of Energy.
(7) Coordinating with allies and partners of the United States,
as appropriate, to better assess the nature and extent of
unidentified aerial phenomena.
(8) Preparing reports for Congress, in both classified and
unclassified form, including under subsection (i).
(c) Response to and Field Investigations of Unidentified Aerial
Phenomena.--
(1) Designation.--The Secretary, in coordination with the
Director, shall designate one or more line organizations within the
Department of Defense and the intelligence community that possess
appropriate expertise, authorities, accesses, data, systems,
platforms, and capabilities to rapidly respond to, and conduct
field investigations of, incidents involving unidentified aerial
phenomena under the direction of the head of the Office established
under subsection (a).
(2) Ability to respond.--The Secretary, in coordination with
the Director, shall ensure that each line organization designated
under paragraph (1) has adequate personnel with the requisite
expertise, equipment, transportation, and other resources necessary
to respond rapidly to incidents or patterns of observations
involving unidentified aerial phenomena of which the Office becomes
aware.
(d) Scientific, Technological, and Operational Analyses of Data on
Unidentified Aerial Phenomena.--
(1) Designation.--The Secretary, in coordination with the
Director, shall designate one or more line organizations that will
be primarily responsible for scientific, technical, and operational
analysis of data gathered by field investigations conducted
pursuant to subsection (c) and data from other sources, including
with respect to the testing of materials, medical studies, and
development of theoretical models, to better understand and explain
unidentified aerial phenomena.
(2) Authority.--The Secretary and the Director shall each issue
such directives as are necessary to ensure that the each line
organization designated under paragraph (1) has authority to draw
on the special expertise of persons outside the Federal Government
with appropriate security clearances.
(e) Data; Intelligence Collection.--
(1) Availability of data and reporting on unidentified aerial
phenomena.--The Director and the Secretary shall each, in
coordination with one another, ensure that--
(A) each element of the intelligence community with data
relating to unidentified aerial phenomena makes such data
available immediately to the Office established under
subsection (a) or to an entity designated by the Secretary and
the Director to receive such data; and
(B) military and civilian personnel of the Department of
Defense or an element of the intelligence community, and
contractor personnel of the Department or such an element, have
access to procedures by which the personnel shall report
incidents or information, including adverse physiological
effects, involving or associated with unidentified aerial
phenomena directly to the Office or to an entity designated by
the Secretary and the Director to receive such information.
(2) Intelligence collection and analysis plan.--The head of the
Office established under subsection (a), acting on behalf of the
Secretary of Defense and the Director of National Intelligence,
shall supervise the development and execution of an intelligence
collection and analysis plan to gain as much knowledge as possible
regarding the technical and operational characteristics, origins,
and intentions of unidentified aerial phenomena, including with
respect to the development, acquisition, deployment, and operation
of technical collection capabilities necessary to detect, identify,
and scientifically characterize unidentified aerial phenomena.
(3) Use of resources and capabilities.--In developing the plan
under paragraph (2), the head of the Office established under
subsection (a) shall consider and propose, as the head determines
appropriate, the use of any resource, capability, asset, or process
of the Department and the intelligence community.
(f) Science Plan.--The head of the Office established under
subsection (a), on behalf of the Secretary and the Director, shall
supervise the development and execution of a science plan to develop
and test, as practicable, scientific theories to--
(1) account for characteristics and performance of unidentified
aerial phenomena that exceed the known state of the art in science
or technology, including in the areas of propulsion, aerodynamic
control, signatures, structures, materials, sensors,
countermeasures, weapons, electronics, and power generation; and
(2) provide the foundation for potential future investments to
replicate any such advanced characteristics and performance.
(g) Assignment of Priority.--The Director, in consultation with,
and with the recommendation of the Secretary, shall assign an
appropriate level of priority within the National Intelligence
Priorities Framework to the requirement to understand, characterize,
and respond to unidentified aerial phenomena.
(h) Annual Report.--
(1) Requirement.--Not later than October 31, 2022, and annually
thereafter until October 31, 2026, the Director, in consultation
with the Secretary, shall submit to the appropriate congressional
committees a report on unidentified aerial phenomena.
(2) Elements.--Each report under paragraph (1) shall include,
with respect to the year covered by the report, the following
information:
(A) All reported unidentified aerial phenomena-related
events that occurred during the one-year period.
(B) All reported unidentified aerial phenomena-related
events that occurred during a period other than that one-year
period but were not included in an earlier report.
(C) An analysis of data and intelligence received through
each reported unidentified aerial phenomena-related event.
(D) An analysis of data relating to unidentified aerial
phenomena collected through--
(i) geospatial intelligence;
(ii) signals intelligence;
(iii) human intelligence; and
(iv) measurement and signature intelligence.
(E) The number of reported incidents of unidentified aerial
phenomena over restricted air space of the United States during
the one-year period.
(F) An analysis of such incidents identified under
subparagraph (E).
(G) Identification of potential aerospace or other threats
posed by unidentified aerial phenomena to the national security
of the United States.
(H) An assessment of any activity regarding unidentified
aerial phenomena that can be attributed to one or more
adversarial foreign governments.
(I) Identification of any incidents or patterns regarding
unidentified aerial phenomena that indicate a potential
adversarial foreign government may have achieved a breakthrough
aerospace capability.
(J) An update on the coordination by the United States with
allies and partners on efforts to track, understand, and
address unidentified aerial phenomena.
(K) An update on any efforts underway on the ability to
capture or exploit discovered unidentified aerial phenomena.
(L) An assessment of any health-related effects for
individuals that have encountered unidentified aerial
phenomena.
(M) The number of reported incidents, and descriptions
thereof, of unidentified aerial phenomena associated with
military nuclear assets, including strategic nuclear weapons
and nuclear-powered ships and submarines.
(N) In consultation with the Administrator for Nuclear
Security, the number of reported incidents, and descriptions
thereof, of unidentified aerial phenomena associated with
facilities or assets associated with the production,
transportation, or storage of nuclear weapons or components
thereof.
(O) In consultation with the Chairman of the Nuclear
Regulatory Commission, the number of reported incidents, and
descriptions thereof, of unidentified aerial phenomena or
drones of unknown origin associated with nuclear power
generating stations, nuclear fuel storage sites, or other sites
or facilities regulated by the Nuclear Regulatory Commission.
(P) The names of the line organizations that have been
designated to perform the specific functions under subsections
(c) and (d), and the specific functions for which each such
line organization has been assigned primary responsibility.
(3) Form.--Each report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(i) Semiannual Briefings.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act and not less frequently than semiannually
thereafter until December 31, 2026, the head of the Office
established under subsection (a) shall provide to the congressional
committees specified in subparagraphs (A), (B), and (D) of
subsection (l)(1) classified briefings on unidentified aerial
phenomena.
(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving unidentified
aerial phenomena that were reported to the Unidentified Aerial
Phenomena Task Force or to the Office established under subsection
(a) after June 24, 2021, regardless of the date of occurrence of
the incident.
(3) Subsequent briefings.--Each briefing provided subsequent to
the first briefing described in paragraph (2) shall include, at a
minimum, all events relating to unidentified aerial phenomena that
occurred during the previous 180 days, and events relating to
unidentified aerial phenomena that were not included in an earlier
briefing.
(4) Instances in which data was not shared.--For each briefing
period, the head of the Office established under subsection (a)
shall jointly provide to the chairman and the ranking minority
member or vice chairman of the congressional committees specified
in subparagraphs (A) and (D) of subsection (k)(1) an enumeration of
any instances in which data relating to unidentified aerial
phenomena was not provided to the Office because of classification
restrictions on that data or for any other reason.
(j) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out the work of the
Office established under subsection (a), including with respect to--
(1) general intelligence gathering and intelligence analysis;
and
(2) strategic defense, space defense, defense of controlled air
space, defense of ground, air, or naval assets, and related
purposes.
(k) Task Force Termination.--Not later than the date on which the
Secretary establishes the Office under subsection (a), the Secretary
shall terminate the Unidentified Aerial Phenomenon Task Force.
(l) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The Committees on Armed Services of the House of
Representatives and the Senate.
(B) The Committees on Appropriations of the House of
Representatives and the Senate.
(C) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(D) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(3) The term ``line organization'' means, with respect to a
department or agency of the Federal Government, an organization
that executes programs and activities to directly advance the core
functions and missions of the department or agency to which the
organization is subordinate, but, with respect to the Department of
Defense, does not include a component of the Office of the
Secretary of Defense.
(4) The term ``transmedium objects or devices'' means objects
or devices that are observed to transition between space and the
atmosphere, or between the atmosphere and bodies of water, that are
not immediately identifiable.
(5) The term ``unidentified aerial phenomena'' means--
(A) airborne objects that are not immediately identifiable;
(B) transmedium objects or devices; and
(C) submerged objects or devices that are not immediately
identifiable and that display behavior or performance
characteristics suggesting that the objects or devices may be
related to the objects or devices described in subparagraph (A)
or (B).
SEC. 1684. DETERMINATION ON CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS
RISKS.
(a) Report Required.--For fiscal years 2022 and 2023, the Secretary
concerned shall prepare a report for each indemnification request made
by a covered contractor with respect to a contract. Such report shall
include the following elements:
(1) A determination of whether the performance of the contract
includes an unusually hazardous risk (as defined in this section).
(2) An estimate of the maximum probable loss for claims or
losses arising out of the contract.
(3) Consideration of requiring the covered contractor to obtain
liability insurance to compensate for claims or losses to the
extent such insurance is available under commercially reasonable
terms and pricing, including any limits, sub-limits, exclusions and
other coverage restrictions.
(4) Consideration of not requiring a covered contractor to
obtain liability insurance in amounts greater than amounts
available under commercially reasonable terms and pricing or the
maximum probable loss, whichever is less.
(b) Submission to Congress.--Not later than 90 days after the date
on which the Secretary concerned receives an indemnification request by
a covered contractor during the period beginning on the date of the
enactment of this Act and ending on September 30, 2023, the Secretary
concerned shall submit to the congressional defense committees the
report required under subsection (a).
(c) Review.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
review of the implementation by the Department of Defense of
section 2354 of title 10, United States Code, and Executive Order
10789, as amended, pursuant to Public Law 85-804 (50 U.S.C. 1431 et
seq.) with regard to indemnifying a contractor for the performance
of a contract that includes unusually hazardous risk.
(2) Matters included.--The review required under paragraph (1)
shall include the following:
(A) A determination of the extent to which each Secretary
concerned is implementing such section 2354 and such Executive
Order 10789 consistently.
(B) Identification of discrepancies and potential remedies
in the military departments with respect to such
implementation.
(3) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the findings of the
review under paragraph (1).
(d) Definitions.--In this section:
(1) The term ``covered contractor'' means a current or
prospective prime contractor of the Department of Defense.
(2) The term ``military department'' has the meaning given in
section 101 of title 10, United States Code.
(3) The term ``indemnification request'' means a request for
indemnification made by a covered contractor under section 2354 of
title 10, United States Code, or Executive Order 10789, as amended,
pursuant to public Law 85-804 (50 U.S.C. 1431 et seq.) that
includes sufficient supporting justification to support a
determination as required under those provisions.
(4) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard when
it is operating as a service in the Department of the Navy; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force and the Space Force.
(5) The term ``unusually hazardous risk'' means risk of
burning, explosion, detonation, flight or surface impact, or toxic
or hazardous material release associated with one or more of the
following products or programs:
(A) Products or programs relating to any hypersonic weapon
system, including boost glide vehicles and air-breathing
propulsion systems.
(B) Products or programs relating to rocket propulsion
systems, including, at a minimum, with respect to rockets,
missiles, launch vehicles, rocket engines or motors or
hypersonic weapons systems using either a solid or liquid high
energy propellant inclusive of any warhead, if any, in excess
of 1000 pounds of the chemical equivalent of TNT.
(C) Products or programs relating to the introduction,
fielding or incorporating of any item containing high energy
propellants, inclusive of any warhead, if any, in excess of
1000 pounds of the chemical equivalent of TNT into any ship,
vessel, submarine, aircraft, or spacecraft.
(D) Products or programs relating to a classified program
where insurance is not available due to the prohibition of
disclosure of classified information to commercial insurance
providers, and without such disclosure access to insurance is
not possible.
(E) Any other product or program for which the contract
under which the product or program is carried out includes a
risk that the contract defines as unusually hazardous.
SEC. 1685. STUDY BY PUBLIC INTEREST DECLASSIFICATION BOARD RELATING TO
CERTAIN TESTS IN THE MARSHALL ISLANDS.
(a) Study.--The Public Interest Declassification Board established
by section 703 of the Public Interest Declassification Act of 2000 (50
U.S.C. 3355a) shall conduct a study on the feasibility of carrying out
a declassification review relating to nuclear weapons, chemical
weapons, or ballistic missile tests conducted by the United States in
the Marshall Islands, including with respect to cleanup activities and
the storage of waste relating to such tests.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Board shall submit to the Secretary of Defense, the
Secretary of Energy, and the congressional defense committees a report
containing the findings of the study conducted under subsection (a).
The report shall include the following:
(1) The feasibility of carrying out the declassification review
described in such subsection.
(2) The resources required to carry out the declassification
review.
(3) A timeline to complete such the declassification review.
(4) Any other issues the Board determines relevant.
(c) Comments.--The Secretary of Defense and the Secretary of Energy
may submit to the congressional defense committees any comments the
respective Secretary determines relevant with respect to the report
submitted under subsection (b).
(d) Assistance.--The Secretary of Defense and Secretary of Energy
shall each provide to the Board such assistance as the Board requests
in conducting the study under subsection (a).
SEC. 1686. PROTECTION OF MAJOR RANGE AND TEST FACILITY BASE.
The Secretary of Defense may authorize, consistent with the
authorities of the Secretary, such actions as are necessary to mitigate
threats posed by space-based assets to the security or operation of the
Major Range and Test Facility Base (as defined in section 196(i) of
title 10, United States Code).
SEC. 1687. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE
UNITED STATES.
(a) Establishment.--There is established in the legislative branch
a commission to be known as the ``Congressional Commission on the
Strategic Posture of the United States'' (in this section referred to
as the ``Commission''). The purpose of the Commission is to examine and
make recommendations to the President and Congress with respect to the
long-term strategic posture of the United States.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12 members
appointed as follows:
(A) One by the Speaker of the House of Representatives.
(B) One by the minority leader of the House of
Representatives.
(C) One by the majority leader of the Senate.
(D) One by the minority leader of the Senate.
(E) Two by the chairperson of the Committee on Armed
Services of the House of Representatives.
(F) Two by the ranking minority member of the Committee on
Armed Services of the House of Representatives.
(G) Two by the chairperson of the Committee on Armed
Services of the Senate.
(H) Two by the ranking minority member of the Committee on
Armed Services of the Senate.
(2) Qualifications.--
(A) In general.--The members appointed under paragraph (1)
shall be from among individuals who--
(i) are United States citizens;
(ii) are not officers or employees of the Federal
Government or any State or local government; and
(iii) have received national recognition and have
significant depth of experience in such professions as
governmental service, law enforcement, the Armed Forces,
law, public administration, intelligence gathering,
commerce (including aviation matters), or foreign affairs.
(B) Political party affiliation.--Not more than six members
of the Commission may be appointed from the same political
party.
(3) Deadline for appointment.--
(A) In general.--All members of the Commission shall be
appointed under paragraph (1) not later than 45 days after the
date of the enactment of this Act.
(B) Effect of lack of appointments by appointment date.--If
one or more appointments under paragraph (1) is not made by the
date specified in subparagraph (A)--
(i) the authority to make such appointment or
appointments shall expire; and
(ii) the number of members of the Commission shall be
reduced by the number of appointments not made by that
date.
(4) Chairperson; vice chairperson.--
(A) Chairperson.--The chairpersons of the Committees on
Armed Services of the Senate and the House of Representatives
shall jointly designate one member of the Commission to serve
as chairperson of the Commission.
(B) Vice chairperson.--The ranking minority members of the
Committees on Armed Services of the Senate and the House of
Representatives shall jointly designate one member of the
Commission to serve as vice chairperson of the Commission.
(5) Activation.--
(A) In general.--The Commission--
(i) may begin operations under this section on the date
on which not less than \2/3\ of the members of the
Commission have been appointed under paragraph (1); and
(ii) shall meet and begin the operations of the
Commission as soon as practicable after the date described
in clause (i).
(B) Subsequent meetings.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members.
(6) Quorum.--Eight members of the Commission shall constitute a
quorum.
(7) Period of appointment; vacancies.--Members of the
Commission shall be appointed for the life of the Commission. A
vacancy in the Commission does not affect the powers of the
Commission and shall (except as provided by paragraph (3)(B)) be
filled in the same manner in which the original appointment was
made.
(8) Removal of members.--
(A) In general.--A member of the Commission may be removed
from the Commission for cause by the individual serving in the
position responsible for the original appointment of the member
under paragraph (1), provided that notice is first provided to
that official of the cause for removal, and removal is voted
and agreed upon by \3/4\ of the members of the Commission.
(B) Vacancies.--A vacancy created by the removal of a
member of the Commission under subparagraph (A) does not affect
the powers of the Commission and shall be filled in the same
manner in which the original appointment was made.
(c) Duties.--
(1) Review.--The Commission shall conduct a review of the
strategic posture of the United States, including a strategic
threat assessment and a detailed review of nuclear weapons policy,
strategy, and force structure and factors affecting the strategic
stability of near-peer competitors of the United States.
(2) Assessment and recommendations.--
(A) Assessment.--The Commission shall assess--
(i) the benefits and risks associated with the current
strategic posture and nuclear weapons policies of the
United States;
(ii) factors affecting strategic stability that relate
to the strategic posture; and
(iii) lessons learned from the findings and conclusions
of the Congressional Commission on the Strategic Posture of
the United States established by section 1062 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 319) and other previous
commissions and previous Nuclear Posture Reviews.
(B) Recommendations.--The Commission shall make
recommendations with respect to--
(i) the most appropriate strategic posture;
(ii) the extent to which capabilities other than
nuclear weapons can contribute to or detract from strategic
stability; and
(iii) the most effective nuclear weapons strategy for
strategic posture and stability.
(d) Report and Briefing Required.--
(1) In general.--Not later than December 31, 2022, the
Commission shall submit to the President and the Committees on
Armed Services of the Senate and the House of Representatives a
report on the Commission's findings, conclusions, and
recommendations.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) the recommendations required by subsection (c)(2)(B);
(B) a description of the military capabilities and force
structure necessary to support the nuclear weapons strategy
recommended under that subsection, including nuclear,
nonnuclear kinetic, and nonkinetic capabilities that might
support the strategy, and other factors that might affect
strategic stability;
(C) a description of the nuclear infrastructure (that is,
the size of the nuclear complex) required to support the
strategy and the appropriate organizational structure for the
nuclear security enterprise;
(D) an assessment of the role of missile defenses in the
strategy;
(E) an assessment of the role of cyber defense capabilities
in the strategy;
(F) an assessment of the role of space systems in the
strategy;
(G) an assessment of the role of nonproliferation programs
in the strategy;
(H) an assessment of the role of nuclear arms control in
the strategy;
(I) an assessment of the political and military
implications of the strategy for the United States and its
allies; and
(J) any other information or recommendations relating to
the strategy (or to the strategic posture) that the Commission
considers appropriate.
(3) Interim briefing.--Not later than 180 days after the
deadline for appointment of members of the Commission specified in
subsection (b)(3)(A), the Commission shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the status of the review,
assessments, and recommendations required by subsection (c),
including a discussion of any interim recommendations.
(e) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from the
Department of Defense, the National Nuclear Security
Administration, the Department of State, or the Office of the
Director of National Intelligence information, suggestions,
estimates, and statistics for the purposes of this section. Each of
such agency shall, to the extent authorized by law, furnish such
information, suggestions, estimates, and statistics directly to the
Commission, upon receiving a request made by--
(A) the chairperson of the Commission;
(B) the chairperson of any subcommittee of the Commission
created by a majority of members of the Commission; or
(C) any member of the Commission designated by a majority
of the Commission for purposes of making requests under this
paragraph.
(2) Receipt, handling, storage, and dissemination.--
Information, suggestions, estimates, and statistics provided to the
Commission under paragraph (1) may be received, handled, stored,
and disseminated only by members of the Commission and its staff
consistent with all applicable statutes, regulations, and Executive
orders.
(f) Assistance From Federal Agencies.--In addition to information,
suggestions, estimates, and statistics provided under subsection (e),
departments and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and other support
services as those departments and agencies may determine advisable and
as may be authorized by law.
(g) Compensation and Travel Expenses.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the requirements relating to supervision under subsection
(a)(3) of such section, the members of the Commission shall be
deemed to be Federal employees.
(2) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(3) Travel expenses.--While away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in the Government service
are allowed expenses under section 5703 of title 5, United States
Code.
(h) Staff.--
(1) Executive director.--The Commission shall appoint and fix
the rate of basic pay for an Executive Director in accordance with
section 3161(d) of title 5, United States Code.
(2) Pay.--The Executive Director appointed under paragraph (1)
may, with the approval of the Commission, appoint and fix the rate
of basic pay for additional personnel as staff of the Commission in
accordance with section 3161(d) of title 5, United States Code.
(i) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with the
provisions of section 3109 of title 5, United States Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert or
consultant procured pursuant to paragraph (1) may not exceed the
daily equivalent of the annual rate of basic pay in effect for a
position at level IV of the Executive Schedule under section 5315
of title 5, United States Code.
(j) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
(k) Authority to Accept Gifts.--
(1) In general.--The Commission may accept, use, and dispose of
gifts or donations of services, goods, and property from non-
Federal entities for the purposes of aiding and facilitating the
work of the Commission. The authority under this paragraph does not
extend to gifts of money.
(2) Documentation; conflicts of interest.--The Commission shall
document gifts accepted under the authority provided by paragraph
(1) and shall avoid conflicts of interest or the appearance of
conflicts of interest.
(3) Compliance with congressional ethics rules.--Except as
specifically provided in this section, a member of the Commission
shall comply with rules set forth by the Select Committee on Ethics
of the Senate and the Committee on Ethics of the House of
Representatives governing employees of the Senate and the House of
Representatives, respectively.
(l) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(m) Commission Support.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to provide appropriate staff and administrative support for the
activities of the Commission.
(n) Expedition of Security Clearances.--The Office of Senate
Security and the Office of House Security shall ensure the expedited
processing of appropriate security clearances for personnel appointed
to the Commission by offices of the Senate and the House of
Representatives, respectively, under processes developed for the
clearance of legislative branch employees.
(o) Legislative Advisory Committee.--The Commission shall operate
as a legislative advisory committee and shall not be subject to the
provisions of the Federal Advisory Committee Act (5 U.S.C. App) or
section 552b, United States Code (commonly known as the ``Government in
the Sunshine Act'').
(p) Funding.--Of the amounts authorized to be appropriated by this
Act for fiscal year 2022 for the Department of Defense, up to
$7,000,000 shall be made available to the Commission to carry out its
duties under this section. Funds made available to the Commission under
the preceding sentence shall remain available until expended.
(q) Termination.--
(1) In general.--The Commission, and all authorities under this
section, shall terminate on the date that is 90 days after the
Commission submits the final report required by subsection (d).
(2) Administrative actions before termination.--The Commission
may use the 90-day period described in paragraph (1) for the
purpose of concluding its activities, including providing testimony
to committees of Congress with respect to and disseminating the
report required by subsection (d).
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to
title XVIII of the Fiscal Year 2021 NDAA.
Sec. 1702. Conforming cross reference technical amendments related to
the transfer and reorganization of defense acquisition
statutes.
SEC. 1701. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS RELATED TO
TITLE XVIII OF THE FISCAL YEAR 2021 NDAA.
(a) Definitions; Effective Date; Applicability.--
(1) Definitions.--In this section, the terms ``FY2021 NDAA''
and ``such Act'' mean the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
(2) Amendments to apply pre-transfer of defense acquisition
statutes.--The amendments made by subsections (b), (i), and (j)
through (v) shall apply as if included in the enactment of title
XVIII of the FY2021 NDAA as enacted.
(3) Amendments to take effect post-transfer of defense
acquisition statutes.--The amendments made by subsections (c)
through (h) and (w) shall take effect immediately after the
amendments made by title XVIII of the FY2021 NDAA have taken
effect. Sections 1883 through 1885 of the FY2021 NDAA shall apply
with respect to the transfers, redesignations, and amendments made
under such subsections as if such transfers, redesignations, and
amendments were made under title XVIII of the FY2021 NDAA.
(4) Reorganization regulation update notice.--Section
1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting ``and
provides public notice that such authorities have been revised and
modified pursuant to such paragraph'' after ``paragraph (2)''.
(5) Savings provision relating to transfer and reorganization
of defense acquisition statutes.--If this Act is enacted after
December 31, 2021, notwithstanding section 1801(d)(1) of the FY2021
NDAA, the amendments made by title XVIII of the FY2021 NDAA shall
take effect immediately after the enactment of this Act.
(b) Technical Corrections to Title XVIII of FY2021 NDAA.--Title
XVIII of the FY2021 NDAA is amended as follows:
(1) Section 1806(a) is amended in paragraph (4) by striking
``Transfer'' and all that follows through ``and amended'' and
inserting the following: ``Restatement of section 2545(1).--Section
3001 of such title, as added by paragraph (1), is further amended
by inserting after subsection (b), as transferred and redesignated
by paragraph (3), a new subsection (c) having the text of paragraph
(1) of section 2545 of such title, as in effect on the day before
the date of the enactment of this Act, revised''.
(2) Section 1807 is amended--
(A) in subsection (b)(1), by striking ``new sections'' and
inserting ``new section'';
(B) in subsection (c)(3)(A)--
(i) by striking the semicolon and close quotation marks
at the end of clause (i) and inserting close quotation
marks and a semicolon; and
(ii) by striking ``by any'' in the matter to be
inserted by clause (ii); and
(C) in subsection (e)--
(i) by striking ``of this title'' in the matter to be
inserted by paragraph (2)(B); and
(ii) by striking ``Sections'' in the quoted matter
before the period at the end of paragraph (3) and inserting
``For purposes of''.
(3) Section 1809(e) is amended by striking subparagraph (B) of
paragraph (2) (including the amendment made by that subparagraph).
(4) Section 1811 is amended--
(A) in subsection (c)(2)--
(i) in subparagraph (B), by striking the comma before
the close quotation marks in both the matter to be stricken
and the matter to be inserted; and
(ii) in subparagraph (D), by inserting a comma after
``3901'' in the matter to be inserted;
(B) in subsection (d)(3)(B)--
(i) by striking the dash after ``mobilization'' in the
matter to be inserted by clause (ii) and inserting a
semicolon; and
(ii) by striking the dash after ``center'' in the
matter to be inserted by clause (iv) and inserting ``;
or'';
(C) in subsection (d)(4)(D), by striking ``this'' in the
matter to be stricken by clause (ii) and inserting ``This'';
(D) in subsection (d)(5)(A), by striking ``inserting'' and
all that follows through ``; and'' and inserting ``inserting
`Offer requests to potential sources.--' before `The head of an
agency'; and'';
(E) in subsection (d)(6)(A), in the matter to be inserted--
(i) by striking the close quotation marks after
``Procedures.--''; and
(ii) by striking the comma after ``(7)''; and
(F) in subparagraphs (C)(ii) and (E)(ii) of subsection
(e)(3), by striking ``and (ii)'' each place it appears and
inserting ``and (iii)''.
(5) Section 1813 is amended in subsection (c)(1)(D) by
inserting ``and inserting'' after the first close quotation marks.
(6) Section 1816(c) is amended--
(A) in paragraph (5)--
(i) in subparagraph (C)--
(I) by striking ``the second sentence'' and
inserting ``the second and third sentences''; and
(II) by striking ``subsection (d)'' and inserting
``subsections (d) and (e), respectively''; and
(ii) by striking subparagraph (G) and inserting the
following:
``(G) in subsection (d), as so designated, by inserting
`Notice of Award.--' before `The head of'; and
``(H) in subsection (e), as so designated, by striking
`This subparagraph does not' and inserting `Exception for
Perishable Subsistence Items.--Subsections (c) and (d) do
not'.''; and
(B) in paragraph (7)(J)(ii), in the matter to be inserted,
by inserting ``under'' before ``this section''.
(7) Section 1818 is amended by striking the close quotation
marks and second period at the end of subsection (b).
(8) Section 1820 is amended--
(A) in subsection (a), in the matter to be inserted, by
striking the item relating to section 3404 and inserting the
following new item:
``3404. [Reserved].'';
(B) in subsection (c)(3)(A), by striking ``section'' in the
matter to be stricken; and
(C) in subsection (d)(4)(B), by inserting ``section''
before ``3403(b)'' in the matter to be inserted.
(9) Section 1821 is amended in subsection (b)(5) by striking
``subsection (b)(2)(B)(i)'' and inserting ``subsection
(c)(2)(B)(i)''.
(10) Section 1831 is amended--
(A) in subsection (b), by striking ``redesignated as
subsection (a), and'' and inserting ``amended by striking the
subsection designation and subsection heading, and further'';
(B) in subsection (c)(2)(A), in the matter to be stricken,
by striking ``the'' and inserting ``The'';
(C) in subsection (c)(2)(D)--
(i) by striking clauses (ii) through (v); and
(ii) in the matter preceding clause (i), by striking
``as so redesignated'' and all that follows through ``by
inserting'' and inserting ``as so redesignated, by
inserting'';
(D) in subsection (c)(2)(E)--
(i) by striking clauses (ii) through (v); and
(ii) in the matter preceding clause (i), by striking
``as so redesignated'' and all that follows through ``by
inserting'' and inserting ``as so redesignated, by
inserting''; and
(iii) by inserting ``and'' after the semicolon at the
end;
(E) in subsection (c)(2)(F)--
(i) by striking clauses (ii) through (v); and
(ii) in the matter preceding clause (i), by striking
``as so redesignated'' and all that follows through ``by
inserting'' and inserting ``as so redesignated, by
inserting''; and
(iii) by striking the semicolon at the end and
inserting a period;
(F) in subsection (c)(4)(A), by striking the matter
proposed to be inserted and inserting ``Certification.--'';
(G) in subsection (c)(8)--
(i) by striking subparagraph (C); and
(ii) in subparagraph (B), by adding ``and'' at the end;
(H) in subsection (h), by striking ``such section 3706'' in
paragraphs (2) and (3) and inserting ``such section 3707''; and
(I) in subsection (j)--
(i) in paragraph (3), in the matter to be inserted, by
striking ``3701-3708'' and inserting ``3701 through 3708'';
and
(ii) by striking paragraphs (4) and (5).
(11) Section 1832(i)(7)(F)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) in subparagraph (B) (as so redesignated), by
striking `paragraph (1)' and inserting `subsection (b)'.''.
(12) Section 1833 is amended--
(A) in subsection (n), in the section heading for section
3791, by striking ``department of defense'' and inserting
``department of defense''; and
(B) in subsection (o)(2), by striking ``Section'' and ``as
section'' and inserting ``Sections'' and ``as sections'',
respectively.
(13) Section 1834(h)(2) is amended by striking ``section
3801(1)'' in the matter to be inserted and inserting ``section
3801(a)''.
(14) Section 1845(c)(2) is amended by striking ``section'' in
the matter to be stricken and inserting ``sections''.
(15) Section 1846 is amended--
(A) in subsection (f)(6)(A), in the matter to be inserted,
by inserting a period after ``Oversight'';
(B) in subsection (i)(3), by striking ``Section
1706(c)(1)'' and inserting ``Section 1706(a)''; and
(C) by adding at the end the following:
``(j) Further Cross-reference Amendment.--Section 1706(a) of title
10, United States Code, is further amended by striking `section
2430(a)(1)(B)' and inserting `section 4201(a)(2)'.''.
(16) Section 1847 is amended--
(A) in the table of subchapters to be inserted by
subsection (a), by striking the item relating to the second
subchapter III (relating to contractors) and inserting the
following:
``V. Contractors.............................................4291''; and
(B) in subsection (e)(3)(A), by inserting ``section''
before ``4376(a)(1)'' in the matter to be inserted.
(17) Section 1848(d) is amended by striking paragraph (2).
(18) Section 1850(e)(2) is amended by inserting ``transferred
and'' before ``redesignated''.
(19) Section 1856 is amended--
(A) in subection (f)(5)(A), in the matter to be inserted,
by striking the comma at the end; and
(B) in subsection (h), by striking ``subsection (d)'' and
inserting ``subsection (g)''.
(20) Section 1862(c)(2) is amended by striking ``section 4657''
and inserting ``section 4658''.
(21) Section 1866 is amended--
(A) in subsection (c)--
(i) in paragraph (1), by inserting ``and'' at the end;
(ii) in paragraph (2), by striking ``; and'' at the end
and inserting a period; and
(iii) by striking paragraph (3) (including the
amendment made by that paragraph); and
(B) in subsection (d), by striking ``4817'' in the matter
to be inserted by paragraph (4)(A)(ii) and inserting ``4818''.
(22) Section 1867(d) is amended--
(A) in paragraph (3), by striking ``Section 4814'' and
inserting ``Section 4814(a)'';
(B) by amending paragraph (5) to read as follows:
``(5) Section 4818 is amended in subsection (a)--
``(A) by striking `of this chapter' and inserting `of
chapters 381 through 385 and chapter 389'; and
``(B) by striking `under this chapter' and inserting `under
such chapters'.''; and
(C) by adding at the end the following new paragraph:
``(7) Section 4817(d)(1) is amended by striking `this chapter'
and inserting `chapters 381 through 385 and chapter 389'.''.
(23) Section 1870(c)(3) is amended--
(A) by inserting after subparagraph (A) the following new
subparagraph:
``(B) in each of paragraphs (4) and (5) of subsection (d),
by striking `section 2500(1)' and inserting `section
4801(1)';'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(C) in subparagraph (D) (as so redeisgnated), by striking
``of the first subsection (k) (relating to `Limitation on
certain procurements application process'),'' and inserting
``of subsection (j),''.
(24) Section 1872(a) is amended in each of paragraphs (5)
through (11) by striking ``chapter 385 of such title, as amended''
and inserting ``chapter 388 of such title, as added''.
(c) Conforming Amendments to Provisions of Title 10, United States
Code, That Are Transferred and Redesignated by Title XVIII of the
FY2021 NDAA.--Title 10, United States Code, as transferred and
redesignated by title XVIII of the FY2021 NDAA, is amended as follows:
(1) Section 3221 of title 10, United States Code, as added by
subsection (a) and amended by subsection (b) of section 1812 of
such Act, is amended in subsection (c) by striking ``under this
section'' and inserting ``under this chapter''.
(2) Section 3223 of such title, as added by subsection (a) and
amended by subsection (d) of section 1812 of such Act, is amended
by striking ``under this section'' in paragraph (2) and inserting
``under this chapter''.
(3) Section 3702 of such title, as added and amended by section
1831 of such Act, is amended--
(A) in subsection (a)(3) by striking ``under this section''
in the matter preceding subparagraph (A) and inserting ``under
this chapter''; and
(B) in subsection (d), by striking ``this section'' and
inserting ``this chapter''.
(4) Section 4375 of such title, as added by subsection (a) and
amended by subsection (i) of section 1850 of such Act, is amended
in subsection (d)(7)--
(A) by striking ``under the program (i) expressed as'' and
inserting ``under the program--
``(A) expressed as''; and
(B) by striking ``or subprogram, and (ii) expressed as''
and inserting ``or subprogram; and
``(B) expressed as''.
(d) Cross-reference Amendments Within Transferred Sections.--Title
10, United States Code, as transferred and redesignated by title XVIII
of the FY2021 NDAA, is amended as follows:
(1) Section 3131 of title 10, United States Code, as
transferred and redesignated by section 1809(b) of such Act, is
amended in subsection (b)(1) by striking ``section 2353'' and
inserting ``section 4141''.
(2) Section 3137 of such title, as transferred and redesignated
by section 1809(h)(1) of such Act, is amended in subsection (b)(2)
by striking ``section 2330a'' and inserting ``section 4505''.
(3) Section 3203 of such title, as added by paragraph (1) and
amended by paragraph (2) of section 1811(d)(2) of such Act, is
amended in subsection (c) by striking ``paragraphs (1) and (2)''
and inserting ``subsections (a)(1) and (b)''.
(4) Section 3206 of such title, as added by paragraph (1) and
amended by paragraphs (2) and (3) of section 1811(e)(2) of such
Act, is amended in subsection (a)(3) by striking ``subparagraphs
(A) and (B)'' in the matter preceding subparagraph (A) and
inserting ``paragraphs (1) and (2)''.
(5) Section 3221 of such title, as added by subsection (a) and
amended by subsection (b) of section 1812 of such Act, is amended
in subsection (b)(2) by striking ``chapter 144'' before ``of this
title'' and inserting ``chapters 321, 324, and 325, subchapter I of
chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and
4328''.
(6) Section 3862 of such title, as transferred and redesignated
by section 1836(b) of such Act, is amended in subsection (b) by
striking ``section 2303(a)'' and inserting ``section 3063''.
(7) Section 4008 of such title, as transferred and redesignated
by section 1841(c) of such Act, is amended by striking ``section
2303(a)'' in subsections (a) and (d) and inserting ``section
3063''.
(8) Section 4061 of such title, as transferred and redesignated
by section 1842(b) of such Act, is amended in subsection (b)(5) by
striking ``section 2302e'' and inserting ``section 4004''.
(9) Section 4062 of such title, as transferred and redesignated
by section 1842(b) of such Act, is amended--
(A) in subsection (c)(4)(A)--
(i) in clause (i), by striking ``section 2433(d)'' and
inserting ``section 4374''; and
(ii) in clause (ii), by striking ``section
2433(e)(2)(A)'' and inserting ``section 4375(b)'';
(B) in subsection (j), by striking ``chapter 137'' and
inserting ``sections 3201 through 3205''; and
(C) in subsection (k)(2), by striking ``(as defined in
section 2302(5) of this title)''.
(10) Section 4171 of such title, as transferred and
redesignated by section 1845(b) of such Act, is amended in
subsection (a)(2)--
(A) in subparagraph (A), by striking ``within the meaning''
and all that follows through ``this title''; and
(B) in subparagraph (B), by striking ``under'' and all that
follows through ``this title'' and inserting ``under section
4203(a)(1) of this title''.
(11) Section 4324 of such title, as amended by section 802(a)
and transferred and redesignated by section 1848(d)(1) of such Act,
is amended in subsection (d)--
(A) in paragraph (5), by striking ``section 2430'' in
subparagraph (A) and ``section 2430(a)(1)(B)'' in subparagraph
(B) and inserting ``section 4201'' and ``section 4201(a)(2) of
this title'', respectively;
(B) in paragraph (6), by striking ``section 2366(e)(7)''
and inserting ``section 4172(e)(7)''; and
(C) in paragraph (7), by striking ``section 2431a(e)(5)''
and inserting ``section 4211(e)(3)''.
(12) Section 4375 of such title, as added by subsection (a) and
amended by subsection (h) section 1850), is amended in subsection
(c)(2)--
(A) in subparagraph (A), by striking ``or (b)(2)''; and
(B) in subparagraph (B)--
(i) by striking ``or (b)(2)'' ; and
(ii) by striking ``subsection (b)(1)'' and inserting
``section 4376''.
(13) Section 4505 of such title, as transferred and
redesignated by section 1856(g) of such Act, is amended by striking
``section 2383(b)(3)'' in subsection (h)(2) and inserting ``section
4508(b)(3)''.
(14) Section 4660 of such title, as transferred and
redesignated by section 1862(b) of such Act, is amended by striking
``section 2324'' in subsection (c)(2) and inserting ``subchapter I
of chapter 273''.
(15) Section 4814 of such title, as transferred and
redesignated by section 1867(b) of such Act, is amended by striking
``subchapter V of chapter 148'' in paragraph (5) of subsection (a),
as added by section 842(a)(2) of such Act, and inserting ``chapter
385''.
(16) Section 4819 of such title, as transferred and
redesignated by section 1867(b) of such Act and amended by section
843 of such Act, is amended in subsection (b)(2)--
(A) in subparagraph (C)(xi), by striking ``section 2339a''
and inserting ``section 3252''; and
(B) in subparagraph (E)--
(i) in clause (i), by striking ``(as defined in section
2500(1) of this title)'';
(ii) in clause (ii), by striking ``section 2533a'' and
inserting ``section 4862''; and
(iii) in clause (v), by striking ``section 2521'' and
inserting ``sections 4841 and 4842''.
(17) Section 4862 of such title, as transferred and
redesignated by section 1870(c)(2) of such Act, is amended by
striking ``section 2304(c)(2)'' in subsection (d)(4) and inserting
``section 3204(a)(2)''.
(18) Section 4863 of such title, as transferred and
redesignated by section 1870(c)(2) of such Act, is amended--
(A) in subsection (c)(2), by striking ``section
2304(c)(2)'' and inserting ``section 3204(a)(2)''; and
(B) in subsection (f), by striking ``section 2304(g)'' and
inserting ``section 3205''.
(19) Section 4981 of such title, as transferred by subsection
(b) and redesignated by subsection (c) of section 1873 of such Act,
is amended by striking ``section 2501(a)'' in subsection (a) and
inserting ``section 4811(a)''.
(e) Disposition of New Title 10 Acquisition Provisions Added by the
FY2021 NDAA.--
(1) Transfer of new section 2339c.--
(A) Transfer.--Section 2339c of title 10, United States
Code, as added by section 803 of the FY2021 NDAA, is
transferred to chapter 873 of such title, inserted after
section 8754, and redesignated as section 8755, and amended in
subsection (d)(3) by striking ``section 2430'' and inserting
``section 4201''.
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8755. Disclosures for offerors for certain shipbuilding major defense
acquisition program contracts.''.
(2) Transfer of new section 2533d.--
(A) Transfer.--Section 2533d of title 10, United States
Code, as added by section 841(a) of the FY2021 NDAA, is
transferred to chapter 385 of such title, inserted after
section 4872 of subchapter III of such chapter, redesignated as
section 4873, and amended in subsection (a)(2) by striking
``section 2338'' and inserting ``section 3573''.
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4872 the following new item:
``4873. Additional requirements pertaining to printed circuit boards.''.
(3) Transfer of new section 2358c.--
(A) Transfer.--Section 2358c of title 10, United States
Code, as added by section 1115(a) of the FY2021 NDAA, is
transferred to subchapter II of chapter 303 of such title, as
added by section 1842(a) of the FY2021 NDAA, inserted after
section 4093, as transferred and redesignated by section
1843(a) (as amended by this section), and redesignated as
section 4094.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter, as added by section 1842(a) of the
FY2021 NDAA (as amended by this section), is amended by
inserting after the item relating to section 4093 the following
new item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(4) Transfer of new section 2374b.--
(A) Transfer.--Section 2374b of title 10, United States
Code, as added by section 212(a)(1) of the FY2021 NDAA, is
transferred to subchapter II of chapter 301 of such title,
added at the end of such subchapter, and redesignated as
section 4027.
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4027. Disclosure requirements for recipients of research and
development funds.''.
(f) Amendments to Tables of Sections.--Title 10, United States
Code, is amended as follows:
(1) The table of sections at the beginning of chapter 136 is
amended by striking the item relating to section 2283.
(2) The table of sections at the beginning of chapter 165 is
amended by striking the item relating to section 2784.
(3) The table of sections at the beginning of chapter 203, as
added by section 1807(a) of the FY2021 NDAA, is amended in the item
relating to section 3064 by inserting ``of'' after
``Applicability''.
(4) The table of sections at the beginning of chapter 223, as
added by section 1813(a) of such Act, is amended by striking the
item relating to section 3248 and inserting the following new item:
``3248. [Reserved].''.
(5) The table of sections at the beginning of subchapter II of
chapter 273, as added by section 1832(j) of such Act, is amended by
striking the items relating to sections 3764 and 3765.
(6) The table of sections at the beginning of subchapter III of
chapter 275, as added by section 1833(n) of such Act, is amended by
striking the item relating to section 3792 and inserting the
following new item:
``3792. [Reserved].''.
(7) The table of sections at the beginning of subchapter I of
chapter 322, as added by section 1847(a), is amended by striking
the item relating to section 4212 and inserting the following new
item:
``4212. Risk management and mitigation in major defense acquisition
programs and major systems.''.
(8) The table of sections at the beginning of subchapter II of
chapter 322, as added by section 1847(a), is amended by striking
the item relating to section 4232 and inserting the following new
item:
``4232. Prohibition on use of lowest price technically acceptable source
selection process.''.
(9) The table of sections at the beginning of chapter 323, as
added by section 1848(a), is amended by striking the item relating
to section 4324 and inserting the following new item:
``4324. Life-cycle management and product support.''.
(10) The table of sections at the beginning of chapter 382, as
added by section 1867(a) of such Act, is amended by striking the
item relating to section 4814 and inserting the following new item:
``4814. National technology and industrial base: annual report and
quarterly briefings.''.
(g) Amendments to Tables of Chapters.--The tables of chapters at
the beginning of subtitle A, and at the beginning of part V of subtitle
A, of title 10, United States Code, are amended--
(1) in the items for chapters 203, 205, and 207, by striking
the section number at the end of each item and inserting ``3061'',
``3101'', and ``3131'', respectively;
(2) by striking the item for chapter 247 and inserting the
following:
``247. Procurement of Commercial Products and Commercial Services3451'';
(3) in the item for chapter 251, by striking the section number
at the end and inserting ``3571'';
(4) by striking the item for chapter 257 and inserting the
following:
``257. Contracts for Long-Term Lease or Charter of Vessels,
Aircraft, and Combat Vehicles..................................... 3671
``258. Other Types of Contracts Used for Procurements for
Particular Purposes..........................................3681''; and
(5) by striking the last word in the item for the heading for
subpart D and inserting ``Provisions''.
(h) Amendments to Headings.--Subtitle A of title 10, United States
Code, is amended as follows:
(1) The heading of subpart D of part V is amended to read as
follows:
``Subpart D--General Contracting Provisions''.
(2) The heading of subchapter II of chapter 273, as added by
section 1832(j) of the FY2021 NDAA, is amended to read as follows:
``Subchapter II--Other Allowable Cost Provisions''.
(i) Amendments to Delete Headings From Sections Specified as
``Reserved''.--Title XVIII of the FY2021 NDAA is amended as follows:
(1) Chapter 201.--The matter inserted by section 1806(a)(1) is
amended--
(A) in each of the items relating to sections 3003 and 3005
in the table of sections at the beginning of subchapter I, by
striking the text after the section designation and inserting
``[Reserved].'';
(B) by striking section 3003 and inserting the following:
``Sec. 3003. [Reserved]''; and
(C) by striking section 3005 and inserting the following:
``Sec. 3005. [Reserved]''.
(2) Chapter 209.--
(A) In the table of contents for chapter 209 inserted by
section 1810(a), by striking the text after the subchapter II
designation and inserting ``[Reserved]''.
(B) Section 1810(d) is amended to read as follows:
``(d) Additional Subchapter.--Chapter 209 of title 10, United
States Code, is amended by adding at the end the following new
subchapter:
```SUBCHAPTER II--[RESERVED]
```Sec.
```3171. [Reserved].
```3172. [Reserved].
```Sec. 3171. [Reserved]
```Sec. 3172. [Reserved]'.''.
(3) Chapter 225.--The matter inserted by section 1813(h) is
amended by striking the text after the chapter designation and
inserting ``[Reserved]''.
(4) Chapter 242.--The matter inserted by section 1817(a) is
amended--
(A) in the item relating to section 3324 in the table of
sections, by striking the text after the section designation
and inserting ``[Reserved].''; and
(B) by striking section 3324 and inserting the following:
``Sec. 3324. [Reserved]''.
(5) Chapter 253.--
(A) The tables of chapters at the beginning of subtitle A,
and at the beginning of part V of subtitle A, of title 10,
United States Code, are amended by striking the text after the
chapter designation for chapter 253 in each place and inserting
``[Reserved]''.
(B) Section 1824 is amended--
(i) in the matter inserted by subsection (a), by
striking the text after the chapter designation and
inserting ``[Reserved]''; and
(ii) in the matter inserted by subsection (b), by
striking the text after the chapter designation and
inserting ``[Reserved]''.
(6) Chapter 272.--The matter inserted by section 1831(k) is
amended--
(A) by striking the text after the chapter designation and
inserting ``[Reserved]''; and
(B) by striking all after the chapter heading and inserting
the following:
``Sec.
``3721. [Reserved].
``3722. [Reserved].
``3723. [Reserved].
``3724. [Reserved].
``Sec. 3721. [Reserved]
``Sec. 3722. [Reserved]
``Sec. 3723. [Reserved]
``Sec. 3724. [Reserved]''.
(7) Chapter 279.--
(A) The matter inserted by section 1835(a) is amended in
the table of sections by striking the text after the section
designation in each of the items relating to sections 3843,
3844, and 3846 and inserting ``[Reserved].''.
(B) Section 1835(e) is amended--
(i) by striking the matter inserted by paragraph (1)
and inserting the following:
``Sec. 3843. [Reserved]
``Sec. 3844. [Reserved]''; and
(ii) by striking matter inserted by paragraph (2) and
inserting the following:
``Sec. 3846. [Reserved]''.
(8) Chapter 283.--
(A) The tables of chapters at the beginning of subtitle A,
and at the beginning of part V of subtitle A, of title 10,
United States Code, are amended by striking the text after the
chapter designation for chapter 283 in each place and inserting
``[Reserved]''.
(B) Section 1837 is amended to read as follows:
``SEC. 1837. RESERVATION OF CHAPTER 283.
``Part V of subtitle A of title 10, United States Code, as added by
section 801 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115- 232), is amended by striking
chapter 283 and inserting the following:
```CHAPTER 283--[RESERVED]'.''.
(9) Chapter 343.--Section 1856 is amended--
(A) in the matter to be inserted by subsection (a), by
striking the text following the designation of chapter 343 and
inserting ``[Reserved]''; and
(B) by amending the matter to be inserted by subsection (j)
to read as follows:
``CHAPTER 343--[RESERVED]
``Subchapter
Sec.
``I. [Reserved]................................................... 4541
``II. [Reserved].................................................. 4551
``SUBCHAPTER I--[RESERVED]
``Sec.
``4541. [Reserved].
``SUBCHAPTER II--[RESERVED]
``Sec.
``4551. [Reserved].''.
(10) Chapter 387.--Section 1871 is amended by amending the
matter to be inserted by subsection (a)(2)--
(A) by inserting after the item relating to subchapter I
the following new item:
``II. [Reserved].............................................4991''; and
(B) by inserting after the item relating to section 4901
the following new item:
``SUBCHAPTER II--[RESERVED]
``Sec.
``4911. [Reserved].''.
(j) Revised Section Relating to Regulations.--Section 1807(b) of
the FY2021 NDAA is amended in the matter to be inserted by paragraph
(1), by striking ``shall prescribe'' and inserting ``is required by
section 2202 of this title to prescribe''.
(k) Revised Transfer of Sections Relating to Multiyear Contracts
for Acquisition of Property.--Section 1822 of the FY2021 NDAA is
amended as follows:
(1) Revised sections.--In the matter to be inserted by
subsection (a)--
(A) in the table of sections for subchapter I, by striking
the items relating to sections 3501 through 3511 and inserting
the following:
``3501. Multiyear contracts: acquisition of property.''; and
(B) by striking the section headings for sections 3501
through 3511 and inserting the following:
``Sec. 3501. Multiyear contracts: acquisition of property''.
(2) Transfer of section 2306b.--Such section is further
amended--
(A) by striking subsections (b) through (l); and
(B) by inserting after subsection (a) the following new
section:
``(b) Transfer of Section 2306b.--Section 2306b of title 10, United
States Code, is transferred to section 3501 of such title, as added by
subsection (a).''.
(3) Transfer of section 2306c.--Such section is further
amended--
(A) in the matter to be inserted by subsection (m)--
(i) in the table of sections, by striking the items
relating to sections 3531 through 3535 and inserting the
following:
``3531. Multiyear contracts: acquisition of services.''; and
(ii) by striking the section headings for sections 3531
through 3535 and inserting the following:
``Sec. 3531. Multiyear contracts: acquisition of services'';
(B) by redesignating such subsection (m) as subsection (c);
(C) by striking subsections (n) through (s);
(D) by adding after subsection (c) (as so redesignated) the
following new subsection:
``(d) Transfer of Section 2306c.--Section 2306c of title 10, United
States Code, is transferred to section 3531 of such title, as added by
subsection (c).''.
(4) Conforming redesignation.--Such section is further amended
by redesignating subsection (t) as subsection (e).
(l) Renaming of Chapter 287.--
(1) Renaming of chapter.--Section 1838 of the FY2021 NDAA is
amended--
(A) in the section heading, by striking the penultimate
word in the heading and inserting ``other contracting''; and
(B) by striking the penultimate word in the chapter heading
in the matter inserted by subsection (a) and inserting ``OTHER
CONTRACTING''.
(2) Tables of chapters.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle
A, of title 10, United States Code, are amended by striking the
item relating to chapter 287 and inserting the following new item:
``287. Other Contracting Programs................................3961''.
(m) Revised Transfer of Sections Within Chapter 388.--
(1) Transfer.--Section 1872(a) of title XVIII of the FY2021
NDAA, as amended by this section, is further amended--
(A) by amending paragraph (2) to read as follows:
``(2) Transfer.--The text of section 2411 of title 10, United
States Code, is transferred to section 4951 of such title, as added
by paragraph (1).'';
(B) by amending paragraph (3) to read as follows:
``(3) Transfer of section 2412.--The text of section 2412 of
title 10, United States Code, is transferred to section 4952 of
such title, as added by paragraph (1).''; and
(C) by amending paragraph (4) to read as follows:
``(4) Transfer of section 2420.--The text of section 2420 of
title 10, United States Code, is transferred to section 4953 of
such title, as added by paragraph (1).''.
(2) Conforming amendments.--Such section 1872(a) is further
amended--
(A) in paragraph (5)--
(i) by striking ``inserted after section 4951,
redesignated as section 4952'' and inserting ``inserted
after section 4953, redesignated as section 4954'';
(ii) in the matter to be inserted by subparagraph
(B)(ii), by striking ``section 4957(b)'' and inserting
``section 4959(b)'';
(B) in paragraph (6)--
(i) by striking ``section 4952'' and inserting
``section 4954'';
(ii) by striking ``section 4953'' and inserting
``section 4955'';
(iii) in the matter to be inserted by subparagraph (B),
by striking ``section 4951(b)(1)(D)'' and inserting
``section 4951(1)(D)''; and
(iv) in the matter to be inserted by subparagraph (C),
by striking ``section 4957(b)'' and inserting ``section
4959(b)'';
(C) in paragraph (7)--
(i) by striking ``section 4953'' and inserting
``section 4955'';
(ii) by striking ``section 4954'' and inserting
``section 4956'';
(D) in paragraph (8)--
(i) by striking ``section 4954'' and inserting
``section 4956'';
(ii) by striking ``section 4955'' and inserting
``section 4957'';
(E) in paragraph (9)--
(i) by striking ``section 4955'' and inserting
``section 4957'';
(ii) by striking ``section 4956'' and inserting
``section 4958'';
(F) in paragraph (10)--
(i) by striking ``section 4956'' and inserting
``section 4958'';
(ii) by striking ``section 4957'' and inserting
``section 4959'';
(G) in paragraph (11)--
(i) by striking ``inserted after section 4957, as added
by paragraph (10),'' and inserting ``added at the end of
such chapter''; and
(ii) by striking ``section 4959'' and inserting
``section 4961''.
(3) Table of sections.--Section 1872(a)(B) of the FY2021 NDAA
is amended by striking the matter to be inserted and inserting the
following:
``CHAPTER 388--PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM
``4951. Definitions.
``4952. Purposes.
``4953. Regulations.
``4954. Cooperative agreements.
``4955. Funding.
``4956. Distribution.
``4957. Subcontractor information.
``4958. Authority to provide certain types of technical assistance.
``4959. Advancing small business growth.
``4960. [Reserved].
``4961. Administrative and other costs.
``SEC. 4951. DEFINITIONS.
``SEC. 4952. PURPOSES.
``SEC. 4953. REGULATIONS.''.
(n) Revised Section Relating to Navy Contract Financing.--Title
XVIII of the FY2021 NDAA is amended as follows:
(1) Revised placement.--The matter to be inserted by section
1834(a) is amended--
(A) in the table of sections, by adding at the following
new item:
``3808. Certain Navy contracts.''; and
(B) by adding after the heading for section 3807 the
following:
``Sec. 3808. Certain Navy contracts''.
(2) Transfer of section 2307(g).--Section 1834 is further
amended by adding at the end the following new subsection:
``(i) Transfer of Subsection (g) of Section 2307.--
``(1) Transfer.--Subsection (g) of section 2307 of title 10,
United States Code, is transferred to section 3808 of such title,
as added by subsection (a), inserted after the section heading, and
amended--
``(A) by striking the subsection designation and subsection
heading; and
``(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
``(2) Revisions to new 3808(a).--Subsection (a) of such section
3808, as so transferred and redesignated, is amended--
``(A) by inserting `Repair, Maintenance, or Overhaul of
Naval Vessels: Rate for Progress Payments.--' before `The
Secretary of the Navy'; and
``(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
``(3) Revisions to new 3808(b).--Subsection (b) of such section
3808, as so transferred and redesignated, is amended--
``(A) by inserting `Authority to Advance Funds for
Immediate Salvage Operations.--' before `The Secretary of the
Navy'; and
``(B) by striking `this paragraph' in the second sentence
and inserting `this subsection'.
``(4) Revisions to new 3808(c).--Subsection (c) of such section
3808, as so transferred and redesignated, is amended by inserting
`Security for Construction and Conversion of Naval Vessels.--'
before `The Secretary of the Navy'.
``(5) Conforming amendment.--Section 8702(c) is amended by
striking `section 2307(g)(2)' and inserting `section 3808(b)'.''''.
(3) Repeal of prior transfer.--Section 1876 is repealed.
(o) Revised Transfer Relating to Selected Acquisition Reports.--
(1) Transfer as single section.--
(A) Subsection (a) section 1849 of the FY2021 NDAA is
amended in the matter to be inserted by striking all after the
chapter heading and inserting the following:
``Sec.
``4351. Selected Acquisition Reports.''.
(B) Subsection (b) of such section 1849 is amended to read
as follows:
``(b) Transfer of Section 2432.--Section 2432 of title 10, United
States Code, is transferred to chapter 324 of such title, as added by
subsection (a), and redesignated as section 4351.''.
(2) Conforming amendments.--
(A) The section heading for section 1849 of the FY2021 NDAA
is amended to read as follows:
``SEC. 1849. SELECTED ACQUISITION REPORTS.''.
(B) Section 1849 of the FY2021 NDAA is amended in the
matter to be inserted by striking the text after the chapter
designation and inserting ``SELECTED ACQUISITION REPORTS''.
(3) Cross-reference amendments in section 4351(c).--Subsection
(c) of such section 1849 is amended to read as follows:
``(c) Cross-reference Amendments in New Section 4351(c).--
Subsection (c)(1) of such section, as so transferred and redesignated,
is amended--
``(1) by striking `section 2431' in subparagraph (A) and
inserting `section 4205';
``(2) by striking `section 2433(a)(2)' in subparagraph (B)(i)
and inserting `section 4371(a)(4)';
``(3) by striking `section 2435(d)(1)' in subparagraph (B)(ii)
and inserting `section 4214(d)(1)';
``(4) by striking `section 2435(d)(2)' in subparagraph (B)(iii)
and inserting `section 4214(d)(2)';
``(5) by striking `section 2432(e)(4)' in subparagraph (B)(iv)
and inserting `section 4355(4)'; and
``(6) by striking `section 2446a' in subparagraph (G) and
inserting `section 4401'.''''.
(4) Cross-reference amendment in section 4351(h).--Subsection
(d) of such section 1849 is amended to read as follows:
``(d) Cross-reference Amendment in New Section 4351(h).--Subsection
(h)(2)(A) of such section, as so transferred and redesignated, is
amended by striking `section 2431' and inserting `section 4205'.''''.
(5) Deletion of superseded amendments.--Such section 1849 is
further amended--
(A) by striking subsections (e) through (k); and
(B) redesignating subsections (l) and (m) as subsections
(e) and (f), respectively.
(6) Conforming cross-reference amendments.--Title XVIII of the
FY2021 NDAA is amended--
(A) in section 1812--
(i) in subsection (b)(2)(D), by striking ``section
4353(a)'' in the matter to be inserted and inserting
``section 4351(c)(1)''; and
(ii) in subsection (f)(2)(C), by striking ``sections
4351 through 4358'' in the matter to be inserted and
inserting ``section 4351'';
(B) in section 1846--
(i) in subsection (f)(5)(C), by striking ``sections
4351 through 4358'' in the matter to be inserted and
inserting ``section 4351''; and
(ii) in subsection (g)(1), by striking ``section 4351''
in the matter to be inserted and inserting ``section
4351(a)'';
(C) in section 1847--
(i) in subsection (b)(4)(B)(iii), by striking
``sections 4351 through 4358'' in the matter to be inserted
and inserting ``section 4351'';
(ii) in subsection (c)(1)(A)(i), by striking ``sections
4351 through 4358'' in the matter to be inserted and
inserting ``section 4351'';
(iii) in subsection (d)(2)(C)(ii), by striking
``sections 4351 through 4358'' in the matter to be inserted
and inserting ``section 4351''; and
(iv) in subsection (e)(1)(A), by striking ``section
4351(2)'' in the matter to be inserted and inserting
``section 4351(a)(2)'';
(D) in section 1849(f) (as so redesignated), by striking
``chapter 324'' in the matter to be inserted and inserting
``section 4351''; and
(E) in section 1850--
(i) in subsection (b)(3)(A)(ii), by striking ``section
4351'' in the matter to be inserted and inserting ``section
4351(a)'';
(ii) in subsection (c)(2), by striking ``section 4358''
in the matter to be inserted and inserting ``section
4351(h)'';
(iii) in subsection (e)(4)(A), by striking ``section
4352(c)'' in the matter to be inserted and inserting
``section 4351(b)(3)'';
(iv) in subsection (h)(2)(C)(ii), by striking ``and
inserting'' and all that follows through ``respectively''
and inserting ``and inserting `section 4351(e)' and
`section 4351(f)', respectively'';
(v) in subsection (j)(3)(B)(ii), by striking ``section
4356(a)'' in the matter to be inserted and inserting
``section 4351(f)'';
(vi) in subsection (k)(4)(D), by striking ``section
4352'' in the matter to be inserted and inserting ``section
4351''; and
(vii) in subsection (k)(6)(D)(i)(II), by striking
``section 4356'' in the matter to be inserted and inserting
``section 4351(f)''.
(p) Transfer of Sections 2196 & 2197 to Chapter 384 (manufacturing
Technology).--
(1) Transfer.--Section 1869(d) of the FY2021 NDAA is amended--
(A) by striking ``Section 2522.--Section 2522 of title 10,
United States Code, is'' and inserting ``Sections 2196, 2197,
and 2522.--
``(1) Transfer.--Sections 2196, 2197, and 2522 of title 10,
United States Code, are'';
(B) by striking ``as section 4843'' and inserting ``as
sections 4843, 4844, and 4845, respectively''; and
(C) by adding at the end the following new paragraph:
``(2) Conforming amendments.--Section 4844, as transferred and
redesignated by paragraph (1), is amended in subsection (a)(6), by
striking `section 2196' and inserting `section 4843'.''.
(2) Tables of sections.--
(A) Chapter 384.--Section 1869(a) of the FY2021 NDAA is
amended in the matter to be inserted by striking the item
relating to section 4843 and inserting the following:
``4843. Manufacturing engineering education program.
``4844. Manufacturing experts in the classroom.
``4845. Armament retooling and manufacturing.''.
(B) Chapter 111.--The table of sections at the beginning of
chapter 111 of title 10, United States Code, is amended by
striking the items relating to sections 2196 and 2197.
(q) Revised Transfer of Section 2358b.--Title XVIII of the FY2021
NDAA is amended as follows:
(1) Deletion of transfer to chapter 303.--Section 1842(b) is
amended--
(A) by striking ``2358b,''; and
(B) by striking ``4064,''.
(2) Transfer to chapter 87.--Subtitle J of title XVIII of the
FY2021 NDAA is amended by inserting after section 1878 the
following new section:
``SEC. 1878A. TRANSFER OF TITLE 10 SECTION RELATING TO JOINT RESERVE
DETACHMENT OF DEFENSE INNOVATION UNIT.
``(a) Transfer.--Section 2358b of title 10, United States Code, is
transferred to subchapter V of chapter 87 of such title, inserted after
section 1765, and redesignated as section 1766.
``(b) Clerical Amendment.--The table of sections at the beginning
of such subchapter is amended by adding at the end the following new
item:
``1766. Joint reserve detachment of the Defense Innovation Unit.''.
(r) Revised Section Relating to Acquisition-related Functions of
Chiefs of the Armed Forces.--Title XVIII of the FY2021 NDAA is amended
as follows:
(1) Deletion of separate section for acquisitions functions of
service chiefs.--Section 1847 is amended--
(A) in the matter to be inserted by subsection (a), by
striking the item relating to section 4274 in the table of
sections for subchapter IV and inserting:
``4274. [Reserved].''; and
(B) in subsection (e), by striking paragraphs (4), (5), and
(6)(B).
(2) Cross-reference amendment.--Section 1808(d) is amended by
adding at the end the following new paragraph:
``(3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and
9033(d)(5) of such title are amended by striking `and 2547' and
inserting `and 3104'.''''.
(s) Revised Transfer of Section Relating to National Technology and
Industrial Base.--Title XVIII of the FY2021 NDAA is amended as follows:
(1) Deletion of previous transfer of section 2440.--Section
1847(b)(2) is amended--
(A) by striking ``Transfer of'' and all that follow through
``(B)''; and
(B) by striking ``paragraph (3)'' in the matter to be
inserted and inserting ``section 4820 of this title''.
(2) Revised transfer.--
(A) Section 2440 of title 10, United States Code, as
amended by section 846(b) of the FY2021 NDAA, is transferred to
chapter 382 of such title, inserted after section 4819, and
redesignated as section 4820.
(B) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``4820. National technology and industrial base plans, policy, and
guidance.''.
(C) Such section 4820, as so transferred and redesignated,
is amended--
(i) in subsection (a), by striking ``section 2501'' and
inserting ``section 4811''; and
(ii) in subsection (b), by striking ``chapter 148'' and
inserting ``subchapters 381 through 385 and subchapter
389''.
(t) Revision of Subchapter III of Chapter 385.--Section 1870(d) of
the FY2021 NDAA is amended--
(1) in the matter inserted by paragraph (1)--
(A) by striking the items relating to sections 4871 and
4872 and inserting the following new items:
``4871. Contracts: consideration of national security objectives.
``4872. Acquisition of sensitive materials from non-allied foreign
nations: prohibition.''; and
(B) by adding after the item relating to section 4873, as
added by this section, the following new item:
``4874. Award of certain contracts to entities controlled by a foreign
government: prohibition.'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``sections 2533c
and 2536'' and inserting ``sections 2327, 2533c, and 2536'';
(B) by striking ``sections 2533c and 2536 of title 10'' and
inserting ``sections 2327, 2533c, and 2536 of title 10''; and
(C) by striking ``sections 4871 and 4872'' and inserting
``sections 4871, 4872, and 4874'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Section 4871'' and
inserting ``Section 4872''; and
(B) in the matter inserted by subparagraph (B), by striking
``4871'' and inserting ``4872''; and
(4) in the matter inserted by paragraph (4), by striking
``section 4872(c)(1)'' and inserting ``section 4874(c)(1)''.
(u) Restructuring of Chapters of Subpart E (research &
Engineering).--Section 1841 of the FY2021 NDAA is amended as follows:
(1) Revised subpart e.--The matter to be inserted by subsection
(a)(2) is amended to read as follows:
``Subpart E--Research and Engineering
``301. Research and Engineering Generally......................... 4001
``303. Research and Engineering Activities........................ 4061
``305. Universities............................................... 4131
``307. Test and Evaluation.......................................4171''.
(2) Revised chapter 301.--Section 1841 of the FY2021 NDAA is
further amended as follows:
(A) Revised table of sections.--The matter to be inserted
by subsection (a)(1)(B) is amended--
(i) by inserting after the item relating to chapter 301
the following:
``SUBCHAPTER I--GENERAL'';
(ii) by striking the items relating to sections 4002,
4003, and 4004 and inserting the following:
``4002. [Reserved].
``4003. [Reserved].
``4004. Contract authority for development and demonstration of initial
or additional prototype units.'';
(iii) by striking the items relating to sections 4008
and 4009 and inserting the following:
``4008. [Reserved].
``4009. [Reserved].''; and
(iv) by striking the item relating to section 4015 and
inserting the following:
``SUBCHAPTER II--AGREEMENTS
``4021. Research projects: transactions other than contracts and grants.
``4022. Authority of the Department of Defense to carry out certain
prototype projects.
``4023. Procurement for experimental purposes.
``4024. Merit-based award of grants for research and development.
``4025. Prizes for advanced technology achievements.
``4026. Cooperative research and development agreements under Stevenson-
Wydler Technology.''.
(B) Revised transfer of title 10 sections.--Subsection
(b)(1) is amended--
(i) by inserting ``2302e, 2359,'' after ``2358,'';
(ii) by striking ``and 2373'' and inserting ``, 2373,
2374, 2374a, and 2371a'';
(iii) by striking ``4002, 4003, and''; and
(iv) by inserting ``, 4007, 4021, 4022, 4023, 4024,
4025, and 4026'' before ``, respectively''.
(C) Technical amendment.--Subsection (b)(2)(A)(i) is
amended by striking ``by striking'' and all that follows
through the semicolon at the end and inserting ``by striking
`section 2371 or 2371b' and inserting `section 4021 or
4022';''.
(D) Designation of subchapters.--Subsection (c) is amended
to read as follows:
``(c) Designation of Subchapters.--Chapter 301 of such title, as
added by subsection (a), is amended--
``(1) by inserting before section 4001, as transferred and
redesignated by subsection (b)(1), the following:
```Subchapter I--General'; and
``(2) by inserting before section 4021, as transferred and
redesignated by subsection (b)(1), the following:
```Subchapter II--Agreements'.''.
(E) Revised transfer of section 2364(a).--Subsection (d)(1)
is amended by striking ``section 4009'' and inserting ``section
4007''.
(F) Revised cross-reference amendments.--
(i) Subsection (b)(2) is amended--
(I) in subparagraph (A)(ii), by striking ``sections
4004'' in the matter to be inserted and inserting
``section 4023'';
(II) in subparagraph (A)(iii), by striking
``sections 4002 and 4143'' in the matter to be inserted
and inserting ``sections 4021 and 4026'';
(III) in subparagraph (B), by striking ``Section
4002'' and inserting ``Section 4021'';
(IV) in subparagraph (C)--
(aa) by striking ``Section 4003'' and inserting
``Section 4022''; and
(bb) by striking ``section 4002'' in the matter
to be inserted and inserting ``section 4021''; and
(V) by adding at the end the following new
subparagraph:
``(D) Section 4004 of such title, as so transferred and
redesignated, is amended by striking `section 2302(2)(B)' in
subsection (a) and inserting `section 3012(2)'.''.
(ii) Subsection (e)(2) is amended by striking ``section
4003'' in the matter to be inserted and inserting ``section
4022''.
(3) Revised chapter 303, subchapter i.--Section 1842 of the
FY2021 NDAA is amended as follows:
(A) Revised heading and table of sections.--The matter to
be inserted by subsection (a) is amended to read as follows:
``CHAPTER 303--RESEARCH AND ENGINEERING ACTIVITIES
``Subchapter I--General
``Sec.
``4061. Defense Research and Development Rapid Innovation Program.
``4062. Defense Acquisition Challenge Program.
``4063. [Reserved].
``4064. [Reserved].
``4065. [Reserved].
``4066. Global Research Watch Program.
``4067. Technology protection features activities.
``Subchapter II--Personnel
``4091. Authorities for certain positions at science and technology
reinvention laboratories.
``4092. Personnel management authority to attract experts in science and
engineering.
``4093. Science, Mathematics, and Research for Transformation (SMART)
Defense Education Program.
``Subchapter III--Research and Development Centers and Facilities
``4121. [Reserved].
``4122. [Reserved].
``4123. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
``4124. Centers for Science, Technology, and Engineering Partnership.
``4125. Functions of Defense research facilities.
``4126. Use of federally funded research and development centers.
``Subchapter I--General
``Subchapter II--Personnel
``Subchapter III--Research and Development Centers and Facilities''.
(B) Transfer of title 10 sections to subchapter i.--
Subsection (b) is amended--
(i) by striking ``2361a'' and all that follows through
``2365'' and inserting ``2365, and 2357'';
(ii) by striking ``after the table of sections'' and
inserting ``after the heading for subchapter I''; and
(iii) by striking ``4063'' and all that follows through
``4066'' and inserting ``4066, and 4067''.
(C) Revised cross-reference amendment.--Subsection (c)(1)
is amended by striking ``section 4065'' in the matter to be
inserted and inserting ``section 4025''.
(4) Revised chapter 303, subchapters ii & iii.--
(A) In general.--Section 1843 of the FY2021 NDAA is amended
by striking the section heading and subsections (a) and (b) and
inserting the following:
``SEC. 1843. PERSONNEL; RESEARCH AND DEVELOPMENT CENTERS AND
FACILITIES.
``(a) Transfer of Title 10 Sections to Subchapter Ii.--Sections
2358a, 1599h, and 2192a of title 10, United States Code, are
transferred to subchapter II of chapter 303 of such title, as added by
section 1842(a), inserted (in that order) after the subchapter heading,
and redesignated as sections 4091, 4092, and 4093, respectively.
``(b) Transfer of Title 10 Sections to Subchapter Iii.--
``(1) In general.--Sections 2363, 2368, and 2367 of title 10,
United States Code, are transferred to subchapter III of chapter
303 of such title, as added by section 1842(a), inserted (in that
order) after the subchapter heading, and redesignated as sections
4123, 4124, and 4126, respectively.
``(2) Transfer of section 2364(b) and (c).--
``(A) Heading.--Such subchapter III is further amended by
inserting after section 4124, as transferred and redesignated
by paragraph (1), the following:
```Sec. 4125. Functions of Defense research facilities'.
``(B) Text.--Subsections (b) and (c) of section 2364 of
such title are transferred to such subchapter, inserted after
the section heading for section 4125, as added by subparagraph
(A), and redesignated as subsections (a) and (b),
respectively.''.
(B) Revised cross-reference amendment.--Subsection (c) of
such section 1843 is amended by striking ``section 4103(a)'' in
the matter to be inserted and inserting ``section 4123(a)''.
(C) Conforming amendments to transferred section.--Such
section 1843 is further amended by adding at the end the
following new subsection:
``(d) Conforming Amendments to Transferred Section.--Section 4124
of such title, as transferred and redesignated by subsection (b)(1), is
amended in subsection (b)(3)(B)(ii), by striking `2358, 2371, 2511,
2539b, and 2563' and inserting `2563, 4001, 4021, 4831, and 4062'.''.
(5) Revised chapter 305.--
(A) New chapter 305.--Subsection (a) of section 1844 of the
FY2021 NDAA is amended--
(i) by striking ``chapter 305, as added by the
preceding section'' and inserting ``chapter 303, as added
by section 1842''; and
(ii) by striking the matter inserted by that subsection
and inserting:
``CHAPTER 305--UNIVERSITIES
``Sec.
``4141. Award of grants and contracts to colleges and universities:
requirement of competition.
``4142. Extramural acquisition innovation and research activities.
``4143. Research and development laboratories: contracts for services of
university students.
``4144. Research and educational programs and activities: historically
black colleges and universities and minority-serving
institutions of higher education.''.
(B) Transfer of title 10 sections to new chapter 305.--Such
section is further amended by striking subsections (b), (c),
(d), and (e) and inserting the following:
``(b) Transfer of Title 10 Sections.--Sections 2361, 2361a, 2360,
and 2362 of title 10, United States Code, are transferred to chapter
305 of such title, as added by subsection (a), inserted (in that order)
after the table of sections, and redesignated as section 4141, 4142,
4143, and 4144, respectively.''.
(6) Revised chapter 307.--
(A) Redesignation of chapter 309 as chapter 307.--
Subsection (a) of section 1845 of the FY2021 NDAA is amended--
(i) by striking ``chapter 307, as added by the
preceding section'' and inserting ``chapter 305, as added
by section 1844''; and
(ii) by redesignating the chapter added by that section
as chapter 307.
(B) Transfer of additional sections to redesignated chapter
307.--Subsection (b) of such section is amended--
(i) by striking ``and 196'' and inserting ``196, 2353,
and 2681''; and
(ii) by striking ``section 4171, 4172, and 4173'' and
inserting ``sections 4171, 4172, 4173, 4174, and 4175''.
(C) Table of sections.--The table of sections inserted by
subsection (a) of such section is amended by adding at the end
the following new items:
``4174. Contracts: acquisition, construction, or furnishing of test
facilities and equipment.
``4175. Use of test and evaluation installations by commercial
entities.''.
(v) Conforming Amendments to Delete Conflicting Transfers of
Certain Sections.--
(1) Deletion of transfer of section 2302e to chapter 243.--
Section 1818 of the FY2021 NDAA is amended--
(A) by striking subsection (c); and
(B) by striking the last item in the table of sections
inserted by subsection (a).
(2) Deletion of transfer of section 2362 to chapter 287.--
Section 1838 of the FY2021 NDAA is amended--
(A) in subsection (b), by striking ``2362,'' and ``3904,'';
and
(B) by striking the item relating to section 3904 in the
table of sections inserted by subsection (a) and inserting the
following new item:
``3904. [Reserved].''.
(w) Amendments to Tables of Sections Not in Part V.--Title 10,
United States Code, is amended as follows:
(1) The table of sections at the beginning of chapter 81 is
amended by striking the item relating to section 1599h.
(2) The table of sections at the beginning of chapter 111 is
amended by striking the item relating to section 2192a.
(3) The table of sections at the beginning of chapter 159 is
amended by striking the item relating to section 2681.
SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS RELATED TO
THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES.
(a) Amendments to Title 10, United States Code.--Title 10, United
States Code, is amended as follows:
(1) Section 171a(i)(3) is amended by striking ``2366a(d)'' and
inserting ``4251(d)''.
(2) Section 181(b)(6) is amended by striking ``sections
2366a(b), 2366b(a)(4),'' and inserting ``sections 4251(b),
4252(a)(4),''.
(3) Section 1734(c)(2) is amended by striking ``section
2435(a)'' and inserting ``section 4214(a)''.
(b) Amendments to Laws Classified as Notes in Title 10, United
States Code.--
(1) Section 801(1) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2302 note) is
amended by striking ``section 2545'' and inserting ``section
3001''.
(2) Section 323(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2463 note) is amended by striking ``section 235, 2330a, or
2463'' and inserting ``section 2463, 3137, or 4505''.
(3) Section 8065 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 10 U.S.C. 2540 note), is amended--
(A) by striking ``subchapter VI of chapter 148'' both
places it appears and inserting ``subchapter I of chapter
389''; and
(B) by striking ``section 2540c(d)'' and inserting
``section 4974(d)''.
(c) Amendments to Laws Classified in Title 6, United States Code
(homeland Security).--
(1) Section 831(a)(1) of the Homeland Security Act of 2002 (6
U.S.C. 391(a)) is amended by striking ``section 2371'' and
inserting ``section 4021''.
(2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended by
striking paragraphs (1), (2), and (3) and inserting the following:
``(1) Section 134 of title 41, United States Code.
``(2) Section 153 of title 41, United States Code.
``(3) Section 3015 of title 10, United States Code.''.
(3) Section 855 of such Act (6 U.S.C. 425) is amended--
(A) in subsection (a)(2), by striking subparagraphs (A),
(B), and (C) and inserting the following:
``(A) Sections 1901 and 1906 of title 41, United States
Code.
``(B) Section 3205 of title 10, United States Code.
``(C) Section 3305 of title 41, United States Code.''; and
(B) in subsection (b)(1), by striking ``provided in'' and
all that follows through ``shall not'' and inserting ``provided
in section 1901(a)(2) of title 41, United States Code, section
3205(a)(2) of title 10, United States Code, and section
3305(a)(2) of title 41, United States Code, shall not''.
(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended by
striking paragraphs (1), (2), and (3) and inserting the following:
``(1) Federal property and administrative services act of
1949.--In division C of subtitle I of title 41, United States Code:
``(A) Paragraphs (1), (2), (6), and (7) of subsection (a)
of section 3304 of such title, relating to use of procedures
other than competitive procedures under certain circumstances
(subject to subsection (d) of such section).
``(B) Section 4106 of such title, relating to orders under
task and delivery order contracts.
``(2) Title 10, united states code.--In part V of subtitle A of
title 10, United States Code:
``(A) Paragraphs (1), (2), (6), and (7) of subsection (a)
of section 3204, relating to use of procedures other than
competitive procedures under certain circumstances (subject to
subsection (d) of such section).
``(B) Section 3406, relating to orders under task and
delivery order contracts.
``(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United
Sates Code, relating to inapplicability of a requirement for
procurement notice.''.
(5) Section 604(f) of the American Recovery and Reinvestment
Act of 2009 (6 U.S.C. 453b(f)) is amended by striking ``section
2304(g)'' and inserting ``section 3205''.
(d) Amendments to Title 14, United States Code (coast Guard).--
Title 14, United States Code, is amended as follows:
(1) Section 308(c)(10)(B)(ii) is amended by striking ``section
2547(c)(1)'' and inserting ``section 3104(c)(1)''.
(2) Section 1137(b)(4) is amended by striking ``section 2306b''
and inserting ``section 3501''.
(3) Section 1906(b)(2) is amended by striking ``chapter 137''
and inserting ``sections 3201 through 3205''.
(e) Amendments to Laws Classified in Title 15, United States Code
(commerce).--
(1) Section 14(a) of the Metric Conversion Act of 1975 (15
U.S.C. 205l(a)) is amended--
(A) in the first sentence, by striking ``set forth in
chapter 137'' and all that follows through ``et seq.),'' and
inserting ``set forth in the provisions of title 10, United
States Code, referred to in section 3016 of such title as
`chapter 137 legacy provisions', section 3453 of such title,
division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41, United States
Code,'';
(B) in the second sentence, by striking ``under section
2377(c)'' and all that follows through the period and inserting
``under section 3453(c) of title 10, United States Code, and
section 3307(d) of title 41, United States Code.''; and
(C) in the third sentence, by striking ``section 2377'' and
all that follows through ``shall take'' and inserting ``section
3453 of title 10, United Sates Code, or section 3307(b) to (d)
of title 41, United States Code, then the provisions of such
sections 3453 or 3307(b) to (d) shall take''.
(2) Section 8 of the Small Business Act (15 U.S.C. 637) is
amended--
(A) in subsection (g)(2), by striking ``section 2304(c)''
and inserting ``section 3204(a)''; and
(B) in subsection (h)--
(i) in paragraph (1)(B), by striking ``chapter 137''
and inserting ``sections 3201 through 3205''; and
(ii) in paragraph (2), by striking ``section
2304(f)(2)'' and ``section 2304(f)(1)'', and inserting
``paragraphs (3) and (4) of section 3204(e)'' and ``section
3204(e)(1)'', respectively.
(3) Section 9 of the Small Business Act (15 U.S.C. 638) is
amended in subsection (r)(4)(A) by striking ``section 2304'' and
inserting ``sections 3201 through 3205''.
(4) Section 884(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 15 U.S.C. 638 note) is
amended by striking ``section 2500'' and inserting ``section
4801''.
(5) Section 15 of the Small Business Act (15 U.S.C. 644) is
amended--
(A) in subsection (k)--
(i) in paragraph (17)(B), by striking ``section 2318''
and inserting ``section 3249'';
(ii) in paragraph (17)(C), by striking ``chapter 142''
and inserting ``chapter 388''; and
(iii) in paragraph (18), by striking ``section 2784''
and inserting ``section 4754'';
(B) in subsection (r)(2), by striking ``section 2304c(b)''
and inserting ``section 3406(c)''; and
(C) in subsections (u) and (v), by striking ``chapter 142''
and inserting ``chapter 388''.
(6) Section 16 of the Small Business Act (15 U.S.C. 645) is
amended in subsection (d)(3) by striking ``chapter 142'' and
inserting ``chapter 388''.
(7) Section 272 of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 15 U.S.C. 4602) is
amended in subsection (c) by striking ``section 2306a'' and
inserting ``chapter 271''.
(f) Amendments to Titles 32, United States Code (national Guard)
and 37, United States Code (pay and Allowances).--
(1) Section 113 of title 32, United States Code, is amended in
subsection (b)(1)(B) by striking ``section 2304(c)'' and inserting
``section 3204(a)''.
(2) Section 418 of title 37, United States Code, is amended in
subsection (d)(2)(A)--
(A) by striking ``section 2533a'' and inserting ``section
4862''; and
(B) by striking ``chapter 137 of title 10'' and inserting
``chapter 137 legacy provisions (as such term is defined in
section 3016 of title 10)''.
(g) Amendments to Title 40, United States Code (public
Buildings).--Title 40, United States Code, is amended as follows:
(1) Section 113(e) is amended--
(A) in paragraph (3)--
(i) by striking ``chapter 137'' and inserting ``section
3063''; and
(ii) by striking ``that chapter;'' and inserting ``the
provisions of that title referred to in section 3016 of
such title as `chapter 137 legacy provisions';''; and
(B) in paragraph (5), by striking ``section 2535'' and
inserting ``section 4881''.
(2) Section 581(f)(1)(A) is amended by striking ``section
2535'' and inserting ``section 4881''.
(h) Amendments to Title 41, United States Code (public
Contracts).--Title 41, United States Code, is amended as follows:
(1) Section 1127(b) is amended by striking ``section
2324(e)(1)(P)'' and inserting ``section 3744(a)(16)''.
(2) Section 1303(a)(1) is amended by striking ``chapters 4 and
137 of title 10'' and inserting ``chapter 4 of title 10, chapter
137 legacy provisions (as such term is defined in section 3016 of
title 10)''.
(3) Section 1502(b)(1)(B) is amended by striking ``section
2306a(a)(1)(A)(i)'' and inserting ``section 3702(a)(1)(A)''.
(4) Section 1708(b)(2)(A) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(5) Section 1712(b)(2)(B) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(6) Section 1901(e)(2) is amended by striking ``section
2304(f)'' and inserting ``section 3204(e)''.
(7) Section 1903 is amended--
(A) in subsection (b)(3), by striking ``section
2304(g)(1)(B)'' and inserting ``section 3205(a)(2)''; and
(B) in subsection (c)(2)(B), by striking ``section 2306a''
and inserting ``chapter 271''.
(8) Section 1907(a)(3)(B)(ii) is amended by striking ``section
2305(e) and (f)'' and inserting ``section 3308''.
(9) Section 1909(e) is amended by striking ``section 2784'' and
inserting ``section 4754''.
(10) Section 2101(2)(A) is amended by striking ``section
2306a(h)'' and inserting ``section 3701''.
(11) Section 2311 is amended by striking ``section 2371'' and
inserting ``section 4021''.
(12) Section 3302 is amended--
(A) in subsection (a)(3)--
(i) in subparagraph (A), by striking ``section
2302(2)(C)'' and inserting ``section 3012(3)''; and
(ii) in subparagraph (B), by striking ``sections 2304a
to 2304d of title 10,'' and inserting ``chapter 245 of
title 10'';
(B) in subsection (c)(1)(A)(i), by striking ``section
2304c(b)'' and inserting ``section 3406(c)''; and
(C) in subsection (d)(1)(B), by striking ``section
2304(f)(1)'' and inserting ``section 3204(e)(1)''.
(13) Section 3307(e)(1) is amended by striking ``chapter 140''
and inserting ``chapter 247''.
(14) Section 4104 is amended--
(A) in subsection (a), by striking ``sections 2304a to
2304d'' and inserting ``chapter 245''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``sections 2304a to
2304d'' and inserting ``chapter 245'';
(ii) in paragraph (2)(B), by striking ``section
2304c(b)'' and inserting ``section 3406(c)''; and
(iii) in paragraph (2)(C), by striking ``section
2304c(c)'' and inserting ``section 3406(e)''.
(i) Amendments to Laws Classified as Notes in Title 41, United
States Code.--
(1) Section 555 of the FAA Reauthorization Act of 2018 (Public
Law 115-254; 41 U.S.C. preceding 3101 note) is amended by striking
``section 2305'' in subsections (a)(4) and (c)(1) and inserting
``sections 3206 through 3208 and sections 3301 through 3309''.
(2) Section 846(f)(5) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 note) is
amended by striking ``section 2304'' and inserting ``sections 3201
through 3205''.
(3) Section 811 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 41 U.S.C. 3304 note) is
amended--
(A) in subsection (a)(3), by striking ``sections
2304(f)(1)(C) and 2304(l)'' and inserting ``sections
3204(e)(1)(C) and 3204(f)''; and
(B) in subsection (c)--
(i) in paragraph (1)(A), by striking ``section
2304(f)(2)(D)(ii)'' and inserting ``section
3204(e)(4)(D)(ii)'';
(ii) in paragraph (2)(A), by striking ``section
2302(1)'' and inserting ``section 3004''; and
(iii) in paragraph (3)(A), by striking ``section
2304(f)(1)(B)'' and inserting ``section 3204(e)(1)(B)''.
(j) Amendments to Laws Classified in Title 42, United States
Code.--
(1) The Public Health Service Act (Public Law 78-410) is
amended--
(A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking
``sections 2353 and 2354'' and inserting ``sections 3861 and
4141''; and
(B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking
``section 2354'' and inserting ``section 3861''.
(2) Section 403(a) of the Housing Amendments of 1955 (42 U.S.C.
1594(a)) is amended by striking ``section 3 of the Armed Services
Procurement Act of 1947'' and inserting ``chapters 221 and 241 of
title 10, United States Code''.
(3) Title II of the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1986 (Public
Law 99-160), is amended by striking ``section 2354'' in the last
proviso in the paragraph under the heading ``National Science
Foundation--Research and Related Activities'' (42 U.S.C. 1887) and
inserting ``section 3861''.
(4) Section 306(b)(2) of the Disaster Mitigation Act of 2000
(42 U.S.C. 5206(b)(2)) is amended by striking ``section 2393(c)''
and inserting ``section 4654(c)''.
(5) Section 801(c)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8287) is amended by striking ``section
2304c(d)'' and all that follows and inserting ``section 3406(d) of
title 10, United States Code, and section 4106(d) of title 41,
United States Code.''.
(6) Section 3021(a) of the Energy Policy Act of 1992 (42 U.S.C.
13556) is amended by striking ``chapter 137 of title 10'' and
inserting ``chapter 137 legacy provisions (as such term is defined
in section 3016 of title 10, United States Code)''.
(k) Amendments to Laws Classified in Title 50, United States
Code.--
(1) Section 141(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 50
U.S.C. 1521a(a)) is amended by striking ``section 2430'' and
inserting ``section 4201''.
(2) Section 502(a) of the National Emergencies Act (50 U.S.C.
1651(a)) is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) Chapters 1 to 11 of title 40, United States Code, and
division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41, United States Code.
``(2) Section 3727(a)-(e)(1) of title 31, United States Code.
``(3) Section 6305 of title 41, United States Code.
``(4) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat. 972; 50
U.S.C. 1431 et seq.).
``(5) Section 3201(a) of title 10, United States Code.''.
(3) The Atomic Energy Defense Act is amended as follows:
(A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577) are each
amended in subsection (a)(2) by striking ``section 2432'' and
inserting ``section 4351''.
(B) Section 4813 (50 U.S.C. 2794) is amended by striking
``section 2500'' in subsection (c)(1)(C) and inserting
``section 4801''.
(4) Section 107 of the Defense Production Act (50 U.S.C. 4517)
is amended in subsection (b)(2)(B) by striking clauses (i) and (ii)
and inserting the following:
``(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10,
United States Code;
``(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41,
United States Code; or''.
(l) Other Amendments.--
(1) Section 1473H of the National Agriculture Advanced
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319k) is amended by striking ``section 2371'' in subsections
(b)(6)(A) and (d)(1)(B) and inserting ``section 4021''.
(2) Section 1301 of title 17, United States Code, is amended in
subsection (a)(3) by striking ``section 2320'' and inserting
``subchapter I of chapter 275''.
(3) Section 21 of the Arms Export Control Act (22 U.S.C. 2761)
is amended by striking ``chapter 137'' in subsection (l)(4) and
subsection (m)(4) and inserting ``chapter 137 legacy provisions (as
such term is defined in section 3016 of title 10, United States
Code)''.
(4) Section 3 of the Foreign Direct Investment and
International Financial Data Improvements Act of 1990 (Public Law
101-533; 22 U.S.C. 3142) is amended in subsection (c)(2) by
striking ``section 2505'' and inserting ``section 4816''.
(5) Section 3553 of title 31, United States Code, is amended in
subsection (d)(4)(B) by striking ``section 2305(b)(5)(B)(vii)'' and
inserting ``section 3304(c)(1)(G)''.
(6) Section 226 of the Water Resources Development Act of 1992
(33 U.S.C. 569f) is amended by striking ``section 2393(c)'' and
inserting ``section 4654(c)''.
(7) Section 40728B(e) of title 36, United States Code, is
amended--
(A) striking ``subsection (k) of section 2304'' and
inserting ``section 3201(e)''; and
(B) by striking ``subsection (c) of such section'' and
inserting ``section 3204(a)''.
(8) Section 1427(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 40 U.S.C. 1103 note) is
amended by striking ``sections 2304a and 2304b'' and inserting
``sections 3403 and 3405''.
(9) Section 895(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 40 U.S.C. 11103 note) is
amended by striking ``section 2366a(d)(7)'' and inserting ``section
4251(d)(5)''.
(10) Sections 50113(c), 50115(b), and 50132(a) of title 51,
United States Code, are amended by striking ``including chapters
137 and 140'' and inserting ``including applicable provisions of
chapters 201 through 285, 341 through 343, and 363''.
(11) Section 823(c)(3)(C) of the National Aeronautics and Space
Administration Transition Authorization Act of 2017 (Public Law
115-10; 51 U.S.C. preceding 30301 note) is amended by striking
``section 2319'' and inserting ``section 3243''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents, and similar tabular
entries.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017
project.
Sec. 2105. Additional authority to carry out fiscal year 2018 project at
Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2107. Additional authorized funding source for certain fiscal year
2022 project.
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as the
``Military Construction Authorization Act for Fiscal Year 2022''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES
TO TABLES OF SECTIONS, TABLES OF CONTENTS, AND SIMILAR TABULAR ENTRIES.
(a) Effective Date.--Titles XXI through XXVII shall take effect on
the later of--
(1) October 1, 2021; or
(2) the date of the enactment of this Act.
(b) Elimination of Need for Certain Separate Conforming
Amendments.--
(1) Automatic execution of conforming changes.--When an
amendment made by a provision of this division to a covered defense
law adds a section or larger organizational unit to the covered
defense law, repeals or transfers a section or larger
organizational unit in the covered defense law, or amends the
designation or heading of a section or larger organizational unit
in the covered defense law, that amendment also shall have the
effect of amending any table of sections, table of contents, or
similar table of tabular entries in the covered defense law to
alter the table to conform to the changes made by the amendment.
(2) Exceptions.--Paragraph (1) shall not apply to an amendment
described in such paragraph when--
(A) the amendment, or a separate clerical amendment enacted
at the same time as the amendment, expressly amends a table of
sections, table of contents, or similar table of tabular
entries in the covered defense law to alter the table to
conform to the changes made by the amendment; or
(B) the amendment otherwise expressly exempts itself from
the operation of this section.
(3) Covered defense law.--In this subsection, the term
``covered defense law'' means--
(A) titles 10, 32, and 37 of the United States Code;
(B) any national defense authorization Act or military
construction authorization Act that authorizes funds to be
appropriated for a fiscal year to the Department of Defense;
and
(C) any other law designated in the text thereof as a
covered defense law for purposes of application of this
section.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017
project.
Sec. 2105. Additional authority to carry out fiscal year 2018 project at
Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2107. Additional authorized funding source for certain fiscal year
2022 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot........................... $25,000,000
Fort Rucker................................... $66,000,000
Redstone Arsenal.............................. $55,000,000
California..................................... Fort Irwin.................................... $52,000,000
Georgia........................................ Fort Stewart.................................. $105,000,000
Hawaii......................................... West Loch Naval Magazine Annex................ $51,000,000
Wheeler Army Airfield......................... $140,000,000
Kansas......................................... Fort Leavenworth.............................. $34,000,000
Kentucky....................................... Fort Knox..................................... $27,000,000
Louisiana...................................... Fort Polk..................................... $111,000,000
Maryland....................................... Fort Detrick.................................. $23,981,000
Fort Meade.................................... $81,000,000
New Mexico..................................... White Sands Missile Range..................... $29,000,000
New York....................................... Fort Hamilton................................. $26,000,000
Watervliet Arsenal............................ $20,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $21,000,000
Texas.......................................... Fort Hood..................................... $130,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................................ Shape Headquarters............................ $16,000,000
Germany........................................ East Camp Grafenwoehr......................... $103,000,000
Smith Barracks................................ $33,500,000
Classified Location............................ Classified Location........................... $31,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation or location, in the number
of units or for the purpose, and in the amount set forth in the
following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $92,304,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $22,545,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 may not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorization set forth in the
table in subsection (b), as provided in section 2101 of that Act (130
Stat. 2689), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Wiesbaden Army Airfield... Hazardous Material $2,700,000
Storage Building........
----------------------------------------------------------------------------------------------------------------
SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL YEAR 2018 PROJECT
AT FORT BLISS, TEXAS.
(a) Project Authorization.--The Secretary of the Army may carry out
a military construction project to construct a defense access road at
Fort Bliss, Texas, in the amount of $20,000,000.
(b) Use of Amounts.--The Secretary of the Army may use funds
appropriated under section 131 of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018 (title I of
division J of Public Law 115-141; 132 Stat. 805) for the Defense Access
Road Program to carry out subsection (a).
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2021 PROJECT.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283) for Fort Wainwright, Alaska, for construction of
Unaccompanied Enlisted Personnel Housing, as specified in the funding
table in section 4601 of such Public Law, the Secretary of the Army may
construct--
(1) an Unaccompanied Enlisted Personnel Housing building of
104,300 square feet to incorporate a modified standard design; and
(2) an outdoor recreational shelter, sports fields and courts,
barbecue and leisure area, and fitness stations associated with the
Unaccompanied Enlisted Personnel Housing.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in section
2101(a) of the Military Construction Authorization Act for Fiscal
Year 2021 (division B of Public Law 116-283) is amended in the item
relating to Fort Wainwright, Alaska, by striking ``$114,000,000''
and inserting ``$146,000,000'' to reflect the project modification
made by subsection (a).
(2) Division d table.--The funding table in section 4601 of
Public Law 116-283 is amended in the item relating to Fort
Wainwright Unaccompanied Enlisted Personnel Housing by striking
``$59,000'' in the Conference Authorized column and inserting
``$91,000'' to reflect the project modification made by subsection
(a).
SEC. 2107. ADDITIONAL AUTHORIZED FUNDING SOURCE FOR CERTAIN FISCAL YEAR
2022 PROJECT.
To carry out an unspecified minor military construction project in
the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to
construct a 6,000 square foot recycling center to meet the requirements
of a qualified recycling program at the installation, the Secretary of
the Army may use funds available to the Secretary under section
2667(e)(1)(C) of title 10, United States Code, in addition to funds
appropriated for unspecified minor military construction for the
project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Marine Corps Air Station Yuma................... $29,300,000
California................................... Marine Corps Air Station Miramar................ $240,900,000
Marine Corps Base Camp Pendleton................ $106,100,000
Marine Corps Reserve Depot San Diego............ $93,700,000
Naval Base Coronado............................. $63,600,000
Naval Base Ventura County....................... $197,500,000
San Nicolas Island............................. $19,907,000
Florida...................................... Marine Corps Support Facility Blount Island..... $69,400,000
Naval Undersea Warfare Center Panama City $37,980,000
Division.......................................
Guam......................................... Andersen Air Force Base......................... $50,890,000
Joint Region Marianas........................... $507,527,000
Hawaii....................................... Marine Corps Base Kaneohe....................... $165,700,000
Marine Corps Training Area Bellows.............. $6,220,000
North Carolina............................... Marine Corps Air Station Cherry Point........... $321,417,000
Pennsylvania................................. Naval Surface Warfare Center Philadelphia $77,290,000
Division.......................................
South Carolina............................... Marine Corps Reserve Depot Parris Island........ $6,000,000
Marine Corps Air Station Beaufort............... $130,300,000
Virginia..................................... Marine Corps Base Quantico...................... $42,850,000
Naval Station Norfolk........................... $344,793,000
Naval Weapons Station Yorktown.................. $93,500,000
Portsmouth Naval Shipyard....................... $156,380,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Fleet Activities Yokosuka....................... $49,900,000
Spain......................................... Naval Station Rota.............................. $85,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units or for the purposes, and in the amounts set forth in the
following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia................... Marine Barracks Washington. Family housing $10,415,000
improvements............
Japan.................................. Fleet Activities Yokosuka.. Family housing $61,469,000
improvements............
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $71,884,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $3,634,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
projects.
Sec. 2305. Modification of authority to carry out military construction
projects at Tyndall Air Force Base, Florida.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Eielson Air Force Base...................... $44,850,000
Joint Base Elmendorf-Richardson............. $251,000,000
Arizona........................................ Davis-Monthan Air Force Base................ $13,400,000
Luke Air Force Base......................... $49,000,000
California..................................... Vandenberg Space Force Base................. $67,000,000
Colorado....................................... Schriever Space Force Base.................. $30,000,000
United States Air Force Academy............. $4,360,000
District of Columbia........................... Joint Base Anacostia-Bolling................ $24,000,000
Florida........................................ Eglin Air Force Base........................ $14,000,000
Guam........................................... Joint Region Marianas....................... $85,000,000
Louisiana...................................... Barksdale Air Force Base.................... $272,000,000
Maryland....................................... Joint Base Andrews.......................... $26,000,000
Massachusetts.................................. Hanscom Air Force Base...................... $66,000,000
Nevada......................................... Creech Air Force Base....................... $14,200,000
Ohio........................................... Wright-Patterson Air Force Base............. $24,000,000
Oklahoma....................................... Tinker Air Force Base....................... $160,000,000
South Carolina................................. Joint Base Charleston....................... $59,000,000
South Dakota................................... Ellsworth Air Force Base.................... $242,000,000
Tennessee...................................... Arnold Air Force Base....................... $14,600,000
Texas.......................................... Joint Base San Antonio...................... $141,000,000
Joint Base San Antonio-Fort Sam Houston..... $29,000,000
Joint Base San Antonio-Lackland............. $29,000,000
Sheppard Air Force Base..................... $20,000,000
Virginia....................................... Joint Base Langley-Eustis................... $24,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Royal Australian Air Force Base Darwin...... $7,400,000
Royal Australian Air Force Base Tindal...... $14,400,000
Italy.......................................... Aviano Air Force Base....................... $10,200,000
Japan.......................................... Kadena Air Base............................. $206,000,000
Misawa Air Base............................. $25,000,000
Yokota Air Base............................. $39,000,000
United Kingdom................................. Royal Air Force Lakenheath.................. $108,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $105,528,000.
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $10,458,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 may not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorizations set forth in
the table in subsection (b), as provided in sections 2301 and 2902 of
that Act (130 Stat. 2696, 2743), shall remain in effect until October
1, 2023, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State or Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Guam.................................. Joint Region Marianas..... APR - Munitions Storage $35,300,000
Igloos, Phase 2.........
Joint Region Marianas..... APR - SATCOM C4I Facility $14,200,000
Japan................................. Kadena Air Base........... APR - Replace Munitions $19,815,000
Structures..............
Yokota Air Base........... C-130J Corrosion Control $23,777,000
Hangar..................
Yokota Air Base........... Construct Combat Arms $8,243,000
Training and Maintenance
Facility................
Massachusetts......................... Hanscom Air Force Base.... Vandenberg Gate Complex.. $10,965,000
United Kingdom........................ Royal Air Force Croughton. Main Gate Complex........ $16,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION
PROJECTS AT TYNDALL AIR FORCE BASE, FLORIDA.
(a) Fiscal Year 2018 Project.--In the case of the authorization
contained in the table in section 2301(b) of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public Law 115-
91; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for
construction of a Fire Station, as specified in the funding table in
section 4601 of that Public Law (131 Stat. 2002), the Secretary of the
Air Force may construct a crash rescue/structural fire station
encompassing up to 3,588 square meters.
(b) Fiscal Year 2020 Projects.--In the case of the authorization
contained in section 2912(a) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat.
1913) for Tyndall Air Force Base, Florida--
(1) for construction of Site Development, Utilities, and Demo
Phase 1, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the Air
Force may construct--
(A) up to 3,698 lineal meters of waste water utilities;
(B) up to 6,306 lineal meters of storm water utilities; and
(C) two emergency power backup generators;
(2) for construction of Munitions Storage Facilities, as
specified in the Natural Disaster Recovery Justification Book dated
August 2019, the Secretary of the Air Force may construct--
(A) up to 4,393 square meters of aircraft support equipment
storage yard;
(B) up to 1,535 square meters of tactical missile
maintenance facility; and
(C) up to 560 square meters of missile warhead assembly and
maintenance shop and storage;
(3) for construction of 53 WEG Complex, as specified in the
Natural Disaster Recovery Justification Book dated August 2019, the
Secretary of the Air Force may construct--
(A) up to 1,693 square meters of aircraft maintenance shop;
(B) up to 1,458 square meters of fuel systems maintenance
dock; and
(C) up to 3,471 square meters of group headquarters;
(4) for construction of 53 WEG Subscale Drone Facility, as
specified in the Natural Disaster Recovery Justification Book dated
August 2019, the Secretary of the Air Force may construct up to 511
square meters of pilotless aircraft shop in a separate facility;
(5) for construction of CE/Contracting/USACE Complex, as
specified in the Natural Disaster Recovery Justification Book dated
August 2019, the Secretary of the Air Force may construct--
(A) up to 557 square meters of base engineer storage shed
6000 area; and
(B) up to 183 square meters of non-Air Force administrative
office;
(6) for construction of Logistics Readiness Squadron Complex,
as specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may construct--
(A) up to 802 square meters of supply administrative
headquarters;
(B) up to 528 square meters of vehicle wash rack; and
(C) up to 528 square meters of vehicle service rack;
(7) for construction of Fire Station Silver Flag #4, as
specified in the Natural Disaster Recovery Justification Book dated
August 2019, the Secretary of the Air Force may construct up to 651
square meters of fire station;
(8) for construction of AFCEC RDT&E, as specified in the
Natural Disaster Recovery Justification Book dated August 2019, the
Secretary of the Air Force may construct--
(A) up to 501 square meters of CE Mat Test Runway Support
Building;
(B) up to 1,214 square meters of Robotics Range Control
Support Building; and
(C) up to 953 square meters of fire garage;
(9) for construction of Flightline-Munitions Storage, 7000
Area, as specified in the funding table in section 4603 of Public
Law 116-92; 133 Stat. 2103), the Secretary of the Air Force may
construct--
(A) up to 1,861 square meters of above ground magazines;
and
(B) up to 530 square meters of air support equipment shop/
storage facility pad;
(10) for construction of Site Development, Utilities and Demo
Phase 2, as specified in such funding table and modified by section
2306(a)(6) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283), the Secretary
of the Air Force may construct--
(A) up to 5,233 lineal meters of storm water utilities;
(B) up to 48,560 square meters of roads;
(C) up to 3,612 lineal meters of gas pipeline; and
(D) up to 993 square meters of water fire pumping station
with an emergency backup generator;
(11) for construction of Tyndall AFB Gate Complexes, as
specified in such funding table and modified by section 2306(a)(9)
of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283), the Secretary of the Air Force
may construct--
(A) up to 52,694 square meters of roadway with serpentines;
and
(B) up to 20 active/passive barriers;
(12) for construction of Deployment Center/Flight Line Dining/
AAFES, as specified in such funding table and modified by section
2306(a)(11) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283), the Secretary
of the Air Force may construct up to 144 square meters of AAFES
shoppette;
(13) for construction of Airfield Drainage, as specified in
such funding table and modified by section 2306(a)(12) of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283), the Secretary of the Air Force
may construct--
(A) up to 37,357 meters of drainage ditch;
(B) up to 18,891 meters of storm drain piping;
(C) up to 19,131 meters of box culvert;
(D) up to 3,704 meters of concrete block swale;
(E) up to 555 storm drain structures; and
(F) up to 81,500 square meters of storm drain ponds; and
(14) for construction of 325th Fighting Wing HQ Facility, as
specified in such funding table and modified by section 2306(a)(13)
of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283), the Secretary of the Air Force
may construct up to 769 square meters of separate administrative
space for SAPR/SARC.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension and modification of authority to carry out certain
fiscal years 2017 and 2019 projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Redstone Arsenal.............................. $153,000,000
California................................... Marine Corps Base Camp Pendleton.............. $13,600,000
Silver Strand Training Complex................ $33,700,000
Colorado..................................... Buckley Air Force Base........................ $20,000,000
Georgia...................................... Fort Benning.................................. $62,000,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam................ $29,800,000
Maryland..................................... Fort Meade.................................... $1,201,000,000
New Mexico.................................. Kirtland Air Force Base....................... $8,600,000
Virginia..................................... Fort Belvoir.................................. $29,800,000
Humphries Engineer Center and Support Activity $36,000,000
Pentagon...................................... $50,543,000
Washington................................... Oak Harbor.................................... $59,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Ramstein Air Base............................. $93,000,000
Japan........................................ Kadena Air Base............................... $24,000,000
Misawa Air Base............................... $6,000,000
United Kingdom............................... Royal Air Force Lakenheath.................... $19,283,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
California................................... Marine Corps Air Station Miramar.............. $4,054,000
Naval Air Weapons Station China Lake- $9,120,000
Ridgecrest...................................
District of Columbia......................... Joint Base Anacostia-Bolling.................. $31,261,000
Florida..................................... MacDill Air Force Base........................ $22,000,000
Georgia...................................... Fort Benning.................................. $17,593,000
Fort Stewart.................................. $22,000,000
Naval Submarine Base Kings Bay................ $19,314,000
Guam......................................... Polaris Point Submarine Base.................. $38,300,000
Idaho........................................ Mountain Home Air Force Base.................. $33,800,000
Michigan..................................... Camp Grayling................................. $5,700,000
Mississippi.................................. Camp Shelby................................... $45,655,000
New York..................................... Fort Drum..................................... $27,000,000
North Carolina............................... Fort Bragg.................................... $27,169,000
North Dakota................................. Cavalier Air Force Station.................... $24,150,000
Ohio......................................... Springfield-Beckley Municipal Airport......... $4,700,000
Puerto Rico.................................. Aguadilla..................................... $10,120,000
Fort Allen.................................... $12,190,000
Tennessee.................................... Memphis International Airport................. $4,780,000
Virginia..................................... Fort Belvoir.................................. $365,000
National Geospatial-Intelligence Agency Campus $5,299,000
East.........................................
Pentagon, Mark Center, and Raven Rock Mountain $2,600,000
Complex......................................
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................ Naval Air Facility Atsugi..................... $3,810,000
Kuwait....................................... Camp Arifjan.................................. $15,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2021,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 may not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEARS 2017 AND 2019 PROJECTS.
(a) Extension of Fiscal Year 2017 Authorization.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorization set forth in
the table in paragraph (2), as provided in section 2401 of that Act
(130 Stat. 2700), shall remain in effect until October 1, 2023, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Japan................................. Yokota Air Base........... Hanger/AMU............... $39,466,000
----------------------------------------------------------------------------------------------------------------
(b) Modification of Fiscal Year 2019 Authorization.--In the case of
the authorization contained in the table in section 2401(b) of the
Military Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 133 Stat. 2250) for Kinnick High School in
Yokosuka, Japan, as specified in the funding table in section 4601 of
such Public Law (133 Stat. 2407), the Secretary of Defense may treat
the high school and the field house as a single facility for the
purposes of defining the scope of work for the project.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2021, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
(a) Authority to Accept Projects.--Pursuant to agreement with the
Republic of Korea for required in-kind contributions, the Secretary of
Defense may accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts, set forth in
the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Unaccompanied Enlisted $52,000,000
Personnel Housing.....
Army................................. Camp Humphreys......... Type I Aircraft Parking $48,000,000
Apron and Parallel
Taxiway...............
Army................................. Camp Humphreys......... Black Hat Intelligence $149,000,000
Fusion Center.........
Navy................................. Mujuk.................. Expeditionary Dining $10,200,000
Facility..............
Air Force............................ Gimhae Air Base........ Repair Contingency $75,000,000
Hospital..............
Air Force............................ Osan Air Base.......... Munitions Storage Area $171,000,000
Move Delta (Phase 2)..
----------------------------------------------------------------------------------------------------------------
(b) Authorized Approach to Certain Construction Project.--Section
2350k of title 10, United States Code, shall apply with respect to the
construction of the Black Hat Intelligence Fusion Center at Camp
Humphreys, Republic of Korea, as set forth in the table in subsection
(a).
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Poland, and in the amounts, set forth in the following
table:
Republic of Poland Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Poznan................. Command and Control $30,000,000
Facility..............
Army................................. Poznan................. Information Systems $7,000,000
Facility..............
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard installations or
locations inside the United States, and in the amounts, set forth in
the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal................................. $17,000,000
Connecticut................................. Army National Guard Readiness Center Putnam...... $17,500,000
Georgia..................................... Fort Benning..................................... $13,200,000
Guam........................................ National Guard Readiness Center Barrigada........ $34,000,000
Idaho....................................... Jerome National Guard Armory..................... $15,000,000
Illinois.................................... National Guard Armory Bloomington................ $15,000,000
Kansas...................................... Nickell Memorial Armory Topeka................... $16,732,000
Louisiana................................... Camp Minden...................................... $13,800,000
Lake Charles National Guard Readiness Center..... $18,500,000
Maine....................................... Saco National Guard Readiness Center............. $21,200,000
Michigan.................................... Camp Grayling.................................... $16,000,000
Mississippi................................. Camp Shelby...................................... $15,500,000
Montana..................................... Butte Military Entrance Testing Site............. $16,000,000
Nebraska.................................... Mead Army National Guard Readiness Center........ $11,000,000
North Dakota................................ Dickinson National Guard Armory.................. $15,500,000
South Dakota................................ Sioux Falls National Guard Armory................ $15,000,000
Vermont..................................... Bennington National Guard Armory................ $16,900,000
Camp Ethan Allen Training Site................... $4,665,000
Virginia.................................... National Guard Armory Troutville................. $13,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Army Reserve Center Southfield................. $12,000,000
Ohio.......................................... Wright-Patterson Air Force Base................ $19,000,000
Wisconsin..................................... Fort McCoy..................................... $70,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Naval Operational Support Center Battle Creek.. $49,090,000
Minnesota..................................... Minneapolis Air Reserve Station................ $14,350,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard installations
or locations inside the United States, and in the amounts, set forth in
the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Montgomery Regional Airport.................... $19,200,000
Sumpter Smith Air National Guard Base.......... $7,500,000
Connecticut................................... Bradley International Airport.................. $17,000,000
Delaware...................................... New Castle Air National Guard Base............. $17,500,000
Idaho......................................... Gowen Field.................................... $6,500,000
Illinois...................................... Abraham Lincoln Capital Airport................ $10,200,000
Massachusetts................................. Barnes Air National Guard Base................. $12,200,000
Michigan...................................... Alpena County Regional Airport................. $23,000,000
Selfridge Air National Guard Base.............. $28,000,000
W. K. Kellogg Regional Airport................. $10,000,000
Mississippi................................... Jackson International Airport.................. $9,300,000
New York...................................... Francis S. Gabreski Airport.................... $14,800,000
Schenectady Municipal Airport.................. $10,800,000
Ohio.......................................... Camp Perry..................................... $7,800,000
South Carolina................................ McEntire Joint National Guard Base............. $18,800,000
South Dakota.................................. Joe Foss Field................................. $9,800,000
Texas......................................... Kelly Field Annex.............................. $9,500,000
Washington.................................... Camp Murray Air National Guard Station......... $27,000,000
Wisconsin..................................... Truax Field.................................... $44,200,000
Wyoming....................................... Cheyenne Municipal Airport..................... $13,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations inside the United
States, and in the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Beale Air Force Base........................... $33,000,000
Florida....................................... Homestead Air Force Reserve Base............... $14,000,000
Patrick Air Force Base......................... $18,500,000
Indiana....................................... Grissom Air Reserve Base....................... $29,000,000
Minnesota..................................... Minneapolis-St. Paul International Airport..... $14,000,000
New York...................................... Niagara Falls Air Reserve Station.............. $10,600,000
Ohio.......................................... Youngstown Air Reserve Station................. $8,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2021, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical
Depot and Chemical Agent-Destruction Pilot Plant, Colorado.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2021, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
SEC. 2703. CONDITIONS ON CLOSURE OF CERTAIN PORTION OF PUEBLO CHEMICAL
DEPOT AND CHEMICAL AGENT-DESTRUCTION PILOT PLANT, COLORADO.
(a) Definitions.--In this section:
(1) Covered portion of pueblo chemical depot defined.--The term
``covered portion of Pueblo Chemical Depot'' means the portion of
Pueblo Chemical Depot, Colorado, that has not been declared surplus
before the date of the enactment of this Act.
(2) Local redevelopment authority.--The term ``Local
Redevelopment Authority'' means the Local Redevelopment Authority
for Pueblo Chemical Depot, as recognized by the Office of Local
Defense Community Cooperation.
(b) Submission of Closure and Disposal Plans.--
(1) Plans required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives--
(A) a plan for the closure of the covered portion of Pueblo
Chemical Depot upon the completion of the chemical
demilitarization mission of the Chemical Agent-Destruction
Pilot Plant at Pueblo Chemical Depot; and
(B) a plan for the disposal of all remaining land,
buildings, facilities, and equipment of the covered portion of
Pueblo Chemical Depot.
(2) Local redevelopment authority role.--In preparing the
disposal plan for the covered portion of Pueblo Chemical Depot
required by paragraph (1)(B), the Secretary of the Army shall take
into account the future role of the Local Redevelopment Authority.
(c) Local Redevelopment Authority Eligibility for Assistance.--The
Secretary of Defense, acting through the Office of Local Defense
Community Cooperation, may make grants, conclude cooperative
agreements, and supplement other Federal funds in order to assist the
Local Redevelopment Authority in planning community adjustments and
economic diversification required by the closure of Pueblo Chemical
Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary
determines that the closure is likely to have a direct and
significantly adverse consequence on nearby communities.
(d) General Closure, Realignment, and Disposal Prohibition.--
(1) Prohibition; certain recipient excepted.--During the period
specified in paragraph (2), the Secretary of the Army shall take no
action--
(A) to close or realign the covered portion of Pueblo
Chemical Depot or the Chemical Agent-Destruction Pilot Plant;
or
(B) to dispose of any surplus land, building, facility, or
equipment that comprises any portion of the Chemical Agent-
Destruction Pilot Plant other than to the Local Redevelopment
Authority.
(2) Duration.--The prohibition imposed by paragraph (1) shall
apply until the date on which the Secretary of the Army makes a
final closure and disposal decision for the covered portion of
Pueblo Chemical Depot following the submission of the closure and
disposal plans for the covered portion of Pueblo Chemical Depot
required by subsection (b).
(e) Prohibition on Demolition or Disposal Related to Chemical
Agent-Destruction Pilot Plant.--
(1) Prohibition; certain recipient excepted.--During the period
specified in paragraph (4), the Secretary of the Army may not--
(A) demolish any building, facility, or equipment described
in paragraph (2) that comprises any portion of the Chemical
Agent-Destruction Pilot Plant; or
(B) dispose of any such building, facility, or equipment
declared to be surplus other than to the Local Redevelopment
Authority.
(2) Covered buildings, facilities, and equipment.--The
prohibition imposed by paragraph (1) shall apply to the following:
(A) Any surplus building, facility, or equipment located
outside of a Hazardous Waste Management Unit where chemical
munitions were present, but where contamination did not occur,
which are considered by the Secretary of the Army as clean,
safe, and acceptable for reuse by the public, after a risk
assessment by the Secretary.
(B) Any surplus building, facility, or equipment located
outside of a Hazardous Waste Management Unit that was not
contaminated by chemical munitions and that was without the
potential to be contaminated, such as office buildings, parts
warehouses, or utility infrastructure, which are considered by
the Secretary of the Army as suitable for reuse by the public.
(3) Exception to prohibition.--The prohibition imposed by
paragraph (1) shall not apply to any building, facility, or
equipment otherwise described in paragraph (2) for which the Local
Redevelopment Authority provides to the Secretary of the Army a
written determination specifying that the building, facility, or
equipment is not needed for community adjustment and economic
diversification following the closure of the Chemical Agent-
Destruction Pilot Plant.
(4) Duration of prohibition.--The prohibition imposed by
paragraph (1) shall apply for a period of not less than two years
beginning on the date o the enactment of this Act.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Public availability of information on Facilities Sustainment,
Restoration, and Modernization projects.
Sec. 2802. Limitations on authorized cost and scope of work variations.
Sec. 2803. Department of Defense stormwater management projects for
military installations and defense access roads.
Sec. 2804. Use of amounts available for operation and maintenance in
carrying out military construction projects for energy
resilience, energy security, or energy conservation.
Sec. 2805. Flood risk management for military construction.
Sec. 2806. Modification and extension of temporary, limited authority to
use operation and maintenance funds for construction projects
in certain areas outside the United States.
Subtitle B--Continuation of Military Housing Reforms
Sec. 2811. Modification of calculation of military housing contractor
pay for privatized military housing.
Sec. 2812. Applicability of window fall prevention requirements to all
military family housing whether privatized or Government-owned
and Government-controlled.
Sec. 2813. Applicability of disability laws to privatized military
housing units and clarification of prohibition against
collection from tenants of amounts in addition to rent.
Sec. 2814. Required investments in improving military unaccompanied
housing.
Sec. 2815. Improvement of security of lodging and living spaces on
military installations.
Sec. 2816. Improvement of Department of Defense child development
centers and increased availability of child care for children
of military personnel.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Secretary of the Navy authority to support development and
operation of National Museum of the United States Navy.
Sec. 2822. Expansion of Secretary of the Navy authority to lease and
license United States Navy museum facilities to generate
revenue to support museum administration and operations.
Subtitle D--Military Facilities Master Plan Requirements
Sec. 2831. Cooperation with State and local governments in development
of master plans for major military installations.
Sec. 2832. Additional changes to requirements regarding master plans for
major military installations.
Sec. 2833. Prompt completion of military installation resilience
component of master plans for at-risk major military
installations.
Sec. 2834. Master plans and investment strategies for Army ammunition
plants guiding future infrastructure, facility, and production
equipment improvements.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion
of private nursing and lactation space in certain military
construction projects.
Sec. 2842. Revisions to Unified Facilities Criteria regarding use of
variable refrigerant flow systems.
Sec. 2843. Amendment of Unified Facilities Criteria to promote energy
efficient military installations.
Sec. 2844. Additional Department of Defense activities to improve energy
resiliency of military installations.
Subtitle F--Land Conveyances
Sec. 2851. Modification of restrictions on use of former Navy property
conveyed to University of California, San Diego, California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Department of Defense excess property, St.
Louis, Missouri.
Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to City of Virginia Beach, Virginia.
Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to School Board of City of Virginia Beach, Virginia.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of sustainable building
materials in military construction.
Sec. 2862. Pilot program on establishment of account for reimbursement
for use of testing facilities at installations of the
Department of the Air Force.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services
provided by Naval Facilities Engineering Systems Command
Pacific.
Sec. 2872. Annual congressional briefing on renewal of Department of
Defense easements and leases of land in Hawai`i.
Sec. 2873. Hawai`i Military Land Use Master Plan.
Subtitle I--One-Time Reports and Other Matters
Sec. 2881. Clarification of installation and maintenance requirements
regarding fire extinguishers in Department of Defense
facilities.
Sec. 2882. GAO review and report of military construction contracting at
military installations inside the United States.
Subtitle A--Military Construction Program Changes
SEC. 2801. PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES
SUSTAINMENT, RESTORATION, AND MODERNIZATION PROJECTS.
(a) Inclusion of Information on Required Internet Site.--Section
2851(c)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by adding after subparagraph (D) the following new
subparagraph (E):
``(E) Each military department project with a total cost in
excess of $15,000,000 for Facilities Sustainment, Restoration, and
Modernization.''; and
(3) in subparagraph (F), as so redesignated, by inserting after
``construction project'' the following: ``, military department
Facilities Sustainment, Restoration, and Modernization project,''.
(b) Application of Amendments.--Subparagraph (E) of section
2851(c)(1) of title 10, United States Code, as added by subsection
(a)(2), and subparagraph (F) of such section, as amended by subsection
(a)(3), shall apply with respect to a military department Facilities
Sustainment, Restoration, and Modernization project described in such
subparagraphs for which an award of a contract or delivery order for
the project is made on or after June 1, 2022.
SEC. 2802. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.
(a) Process for Approving Certain Exceptions; Limitations.--
Subsections (c) and (d) of section 2853 of title 10, United States
Code, are amended to read as follows:
``(c) Exceptions to Limitation on Cost Variations and Scope of Work
Reductions.--(1)(A) Except as provided in subparagraph (D), the
Secretary concerned may waive the percentage or dollar cost limitation
applicable to a military construction project or a military family
housing project under subsection (a) and approve an increase in the
cost authorized for the project in excess of that limitation if the
Secretary concerned notifies the appropriate committees of Congress of
the cost increase in the manner provided in this paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) identify the amount of the cost increase and the reasons
for the increase;
``(ii) certify that the cost increase is sufficient to meet the
mission requirement identified in the justification data provided
to Congress as part of the request for authorization of the
project; and
``(iii) describe the funds proposed to be used to finance the
cost increase.
``(C) A waiver and approval by the Secretary concerned under
subparagraph (A) shall take effect only after the end of the 14-day
period beginning on the date on which the notification required by such
subparagraph is received by the appropriate committees of Congress in
an electronic medium pursuant to section 480 of this title.
``(D) The Secretary concerned may not use the authority provided by
subparagraph (A)--
``(i) to waive the cost limitation applicable to a military
construction project with a total authorized cost greater than
$500,000,000 or a military family housing project with a total
authorized cost greater than $500,000,000; and
``(ii) to approve an increase in the cost authorized for the
project that would increase the project cost by more than 50
percent of the total authorized cost of the project.
``(E) In addition to the notification required by this paragraph,
subsection (f) applies whenever a military construction project or
military family housing project with a total authorized cost greater
than $40,000,000 will have a cost increase of 25 percent or more.
Subsection (f) may not be construed to authorize a cost increase in
excess of the limitation imposed by subparagraph (D).
``(2)(A) The Secretary concerned may waive the percentage or dollar
cost limitation applicable to a military construction project or a
military family housing project under subsection (a) and approve a
decrease in the cost authorized for the project in excess of that
limitation if the Secretary concerned notifies the appropriate
committees of Congress of the cost decrease not later than 14 days
after the date funds are obligated in connection with the project.
``(B) The notification required by subparagraph (A) shall be
provided in an electronic medium pursuant to section 480 of this title.
``(3)(A) The Secretary concerned may waive the limitation on a
reduction in the scope of work applicable to a military construction
project or a military family housing project under subsection (b)(1)
and approve a scope of work reduction for the project in excess of that
limitation if the Secretary concerned notifies the appropriate
committees of Congress of the reduction in the manner provided in this
paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) describe the reduction in the scope of work and the
reasons for the decrease; and
``(ii) certify that the mission requirement identified in the
justification data provided to Congress can still be met with the
reduced scope.
``(C) A waiver and approval by the Secretary concerned under
subparagraph (A) shall take effect only after the end of the 14-day
period beginning on the date on which the notification required by such
subparagraph is received by the appropriate committees of Congress in
an electronic medium pursuant to section 480 of this title.
``(d) Exceptions to Limitation on Scope of Work Increases.--(1)
Except as provided in paragraph (4), the Secretary concerned may waive
the limitation on an increase in the scope of work applicable to a
military construction project or a military family housing project
under subsection (b)(1) and approve an increase in the scope of work
for the project in excess of that limitation if the Secretary concerned
notifies the appropriate committees of Congress of the reduction in the
manner provided in this subsection.
``(2) The notification required by paragraph (1) shall describe the
increase in the scope of work and the reasons for the increase.
``(3) A waiver and approval by the Secretary concerned under
paragraph (1) shall take effect only after the end of the 14-day period
beginning on the date on which the notification required by such
paragraph is received by the appropriate committees of Congress in an
electronic medium pursuant to section 480 of this title.
``(4) The Secretary concerned may not use the authority provided by
paragraph (1) to waive the limitation on an increase in the scope of
work applicable to a military construction project or a military family
housing project and approve an increase in the scope of work for the
project that would increase the scope of work by more than 10 percent
of the amount specified for the project in the justification data
provided to Congress as part of the request for authorization of the
project.''.
(b) Conforming Amendment Related to Calculating Limitation on Cost
Variations.--Section 2853(a) of title 10, United States Code, is
amended by striking ``the amount appropriated for such project'' and
inserting ``the total authorized cost of the project''
(c) Clerical Amendments.--Section 2853 of title 10, United States
Code, is further amended--
(1) in subsection (a), by inserting ``Cost Variations
Authorized; Limitation.--'' after the enumerator ``(a)'';
(2) in subsection (b), by inserting ``Scope of Work Variations
Authorized; Limitation.--'' after the enumerator ``(b)'';
(3) in subsection (e), by inserting ``Additional Cost Variation
Exceptions.--'' after the enumerator ``(e)'';
(4) in subsection (f), by inserting ``Additional Reporting
Requirement for Certain Cost Increases.--'' after the enumerator
``(f)''; and
(5) in subsection (g), by inserting ``Relation to Other Law.--
'' after the enumerator ``(g)''.
SEC. 2803. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT PROJECTS FOR
MILITARY INSTALLATIONS AND DEFENSE ACCESS ROADS.
Chapter 169 of title 10, United States Code, is amended by
inserting after section 2815 the following new section:
``Sec. 2815a. Stormwater management projects for installation and
defense access road resilience and waterway and ecosystems
conservation
``(a) Projects Authorized.--The Secretary concerned may carry out a
stormwater management project on or related to a military installation
for the purpose of--
``(1) improving military installation resilience or the
resilience of a defense access road or other essential civilian
infrastructure supporting the military installation; and
``(2) protecting nearby waterways and stormwater-stressed
ecosystems.
``(b) Project Methods and Funding Sources.--Using such amounts as
may be provided in advance in appropriation Acts, the Secretary
concerned may carry out a stormwater management project under this
section as, or as part of, any of the following:
``(1) An authorized military construction project.
``(2) An unspecified minor military construction project under
section 2805 of this title, including using appropriations
available for operation and maintenance subject to the limitation
in subsection (c) of such section.
``(3) A military installation resilience project under section
2815 of this title, including the use of appropriations available
for operations and maintenance subject to the limitation of
subsection (e)(3) of such section.
``(4) A defense community infrastructure resilience project
under section 2391(d) of this title.
``(5) A construction project under section 2914 of this title.
``(6) A reserve component facility project under section 18233
of this title.
``(7) A defense access road project under section 210 of title
23.
``(c) Project Priorities.--In selecting stormwater management
projects to be carried out under this section, the Secretary concerned
shall give a priority to project proposals involving the retrofitting
of buildings and grounds on a military installation or retrofitting a
defense access road to reduce stormwater runoff and ponding or standing
water that includes the combination of stormwater runoff and water
levels resulting from extreme weather conditions.
``(d) Project Activities.--Activities carried out as part of a
stormwater management project under this section may include, but are
not limited to, the following:
``(1) The installation, expansion, or refurbishment of
stormwater ponds and other water-slowing and retention measures.
``(2) The installation of permeable pavement in lieu of, or to
replace existing, nonpermeable pavement.
``(3) The use of planters, tree boxes, cisterns, and rain
gardens to reduce stormwater runoff.
``(e) Project Coordination.--In the case of a stormwater management
project carried out under this section on or related to a military
installation and any project related to the same installation carried
out under section 2391(d), 2815, or 2914 of this title, the Secretary
concerned shall ensure coordination between the projects regarding the
water access, management, conservation, security, and resilience
aspects of the projects.
``(f) Annual Report.--(1) Not later than 90 days after the end of
each fiscal year, each Secretary concerned shall submit to the
congressional defense committees a report describing--
``(A) the status of planned and active stormwater management
projects carried out by that Secretary under this section; and
``(B) all projects completed by the Secretary concerned during
the previous fiscal year.
``(2) Each report shall include the following information with
respect to each stormwater management project described in the report:
``(A) The title, location, a brief description of the scope of
work, the original project cost estimate, and the current working
cost estimate.
``(B) The rationale for how the project will--
``(i) improve military installation resilience or the
resilience of a defense access road or other essential civilian
infrastructure supporting a military installation; and
``(ii) protect waterways and stormwater-stressed
ecosystems.
``(C) Such other information as the Secretary concerned
considers appropriate.
``(g) Definitions.--In this section:
``(1) The term `defense access road' means a road certified to
the Secretary of Transportation as important to the national
defense under the provisions of section 210 of title 23.
``(2) The terms `facility' and `State' have the meanings given
those terms in section 18232 of this title.
``(3) The term `military installation' includes a facility of a
reserve component owned by a State rather than the United States.
``(4) The term `military installation resilience' has the
meaning given that term in section 101(e)(8) of this title.
``(5) The term `Secretary concerned' means--
``(A) the Secretary of a military department with respect
to military installations under the jurisdiction of that
Secretary; and
``(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a reserve
component owned by a State rather than the United States.''.
SEC. 2804. USE OF AMOUNTS AVAILABLE FOR OPERATION AND MAINTENANCE IN
CARRYING OUT MILITARY CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE,
ENERGY SECURITY, OR ENERGY CONSERVATION.
Section 2914 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Alternative Funding Source.--(1) In addition to the authority
under section 2805(c) of this title, in carrying out a military
construction project for energy resilience, energy security, or energy
conservation under this section, the Secretary concerned may use
amounts available for operation and maintenance for the military
department concerned if the Secretary concerned submits to the
congressional defense committees a notification of the decision to
carry out the project using such amounts and includes in the
notification--
``(A) the current estimate of the cost of the project;
``(B) the source of funds for the project; and
``(C) a certification that deferring the project pending the
availability of funds appropriated for or otherwise made available
for military construction would be inconsistent with the timely
assurance of energy resilience, energy security, or energy
conservation for one or more critical national security functions.
``(2) A project carried out under this section using amounts under
paragraph (1) may be carried out only after the end of the seven-day
period beginning on the date on which a copy of the notification
described in paragraph (1) is provided in an electronic medium pursuant
to section 480 of this title.
``(3) The maximum aggregate amount that the Secretary concerned may
obligate from amounts available to the military department concerned
for operation and maintenance in any fiscal year for projects under the
authority of this subsection is $100,000,000.''.
SEC. 2805. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION.
(a) Further Modification of Department of Defense Form 1391.--
Section 2805(a)(1) of the Military Construction Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2262; 10
U.S.C. 2802 note) is amended--
(1) in subparagraph (A), by inserting ``or a 500-year
floodplain if outside a 100-year floodplain'' after ``100-year
floodplain''; and
(2) in subparagraph (B), by striking ``100-year floodplain''
and inserting ``floodplain described in subparagraph (A)''.
(b) Reporting Requirements.--Section 2805(a)(3) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in subparagraph (A), by inserting before the period at the
end the following: ``using hydrologic, hydraulic, and hydrodynamic
data, methods, and analysis that integrate current and projected
changes in flooding based on climate science over the anticipated
service life of the facility and future forecasted land use
changes''; and
(2) in subparagraph (D), by inserting after ``future'' the
following: ``flood risk and''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is
amended--
(1) in subparagraphs (A) and (B), by striking ``buildings'' and
inserting ``facilities''; and
(2) in subparagraph (C), by inserting after ``future'' the
following: ``flood risk and''.
(d) Conforming Amendment of Unified Facilities Criteria.--
(1) Amendment required.--Not later than September 1, 2022, the
Secretary of Defense shall amend the Unified Facilities Criteria
relating to military construction planning and design to ensure
that building practices and standards of the Department of Defense
incorporate the minimum flood mitigation requirements of section
2805(a) of the Military Construction Authorization Act for Fiscal
Year 2019 (division B of Public Law 115-232; 132 Stat. 2262; 10
U.S.C. 2802 note), as amended by this section.
(2) Implementation of unified facilities criteria amendments.--
(A) Implementation.--Any Department of Defense Form 1391
submitted to Congress after September 1, 2022, shall comply
with the Unified Facilities Criteria, as amended pursuant to
paragraph (1).
(B) Certification.--Not later than March 1, 2023, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate the
completion of the amendment process required by paragraph (1)
and the full incorporation of the amendments into military
construction planning and design.
SEC. 2806. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED AUTHORITY
TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN
CERTAIN AREAS OUTSIDE THE UNITED STATES.
(a) Two-year Extension of Authority.--Subsection (h) of section
2808 of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as most
recently amended by section 2806(a) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public Law 116-
283), is further amended--
(1) in paragraph (1), by striking ``December 31, 2021'' and
inserting ``December 31, 2023''; and
(2) paragraph (2), by striking ``fiscal year 2022'' and
inserting ``fiscal year 2024''.
(b) Continuation of Limitation on Use of Authority.--Subsection
(c)(1) of section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as most recently amended by subsections (b) and (c) of section
2806 of the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283), is further amended--
(1) by striking subparagraphs (A) and (B);
(2) by redesignating subparagraph (C) as subparagraph (A); and
(3) by adding at the end the following new subparagraphs:
``(B) The period beginning October 1, 2021, and ending on the
earlier of December 31, 2022, or the date of the enactment of an
Act authorizing funds for military activities of the Department of
Defense for fiscal year 2023.
``(C) The period beginning October 1, 2022, and ending on the
earlier of December 31, 2023, or the date of the enactment of an
Act authorizing funds for military activities of the Department of
Defense for fiscal year 2024.''.
(c) Establishment of Project Monetary Limitation.--Subsection (c)
of section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is
amended by adding at the end the following new paragraph:
``(3) The total amount of operation and maintenance funds used for
a single construction project carried out under the authority of this
section shall not exceed $15,000,000. The Secretary of Defense may
waive this limitation on a project-by-project basis. This waiver
authority may not be delegated.''.
(d) Modification of Notice and Wait Requirement.--Subsection (b) of
section 2808 of the Military Construction Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is
amended--
(1) by striking ``10-day period'' and inserting ``14-day
period''; and
(2) by striking ``or, if earlier, the end of the 7-day period
beginning on the date on which'' and inserting ``, including
when''.
Subtitle B--Continuation of Military Housing Reforms
SEC. 2811. MODIFICATION OF CALCULATION OF MILITARY HOUSING CONTRACTOR
PAY FOR PRIVATIZED MILITARY HOUSING.
Section 606(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2871 note), as
amended by section 3036 of the Military Construction Authorization Act
for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1938)
and section 2811(i) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283), is further
amended--
(1) in paragraph (1)(B)--
(A) by striking ``2.5 percent'' and inserting ``50
percent''; and
(B) by striking ``section 403(b)(3)(A)(i)'' and inserting
``section 403(b)(3)(A)(ii)''; and
(2) in paragraph (2)(B)--
(A) by striking ``2.5 percent'' and inserting ``50
percent''; and
(B) by striking ``section 403(b)(3)(A)(i)'' and inserting
``section 403(b)(3)(A)(ii)''.
SEC. 2812. APPLICABILITY OF WINDOW FALL PREVENTION REQUIREMENTS TO ALL
MILITARY FAMILY HOUSING WHETHER PRIVATIZED OR GOVERNMENT-OWNED AND
GOVERNMENT-CONTROLLED.
(a) Transfer of Window Fall Prevention Section to Military Family
Housing Administration Subchapter.--Section 2879 of title 10, United
States Code--
(1) is transferred to appear after section 2856 of such title;
and
(2) is redesignated as section 2857.
(b) Applicability of Section to All Military Family Housing.--
Section 2857 of title 10, United States Code, as transferred and
redesignated by subsection (a), is amended--
(1) in subsection (a)(1), by striking ``acquired or constructed
under this chapter'';
(2) in subsection (b)(1), by striking ``acquired or constructed
under this chapter''; and
(3) by adding at the end the following new subsection:
``(e) Applicability to All Military Family Housing.--This section
applies to military family housing under the jurisdiction of the
Department of Defense and military family housing acquired or
constructed under subchapter IV of this chapter.''.
(c) Implementation Plan.--In the report required to be submitted in
2022 pursuant to subsection (d) of section 2857 of title 10, United
States Code, as transferred and redesignated by subsection (a) and
amended by subsection (b), the Secretary of Defense shall include a
plan for implementation of the fall protection devices described in
subsection (a)(3) of such section as required by such section.
(d) Limitation on Use of Funds Pending Submission of Overdue
Report.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Office of the
Assistant Secretary of Defense for Energy, Installations, and
Environment, not more than 50 percent may be obligated or expended
until the date on which the Secretary of Defense certifies to the
congressional defense committees that--
(1) the independent assessment required by section 2817(b) of
the Military Construction Authorization Act of 2018 (division B of
Public Law 115-91; 131 Stat. 1852) has been initiated; and
(2) the Secretary expects the report containing the results of
the assessment to be submitted to the congressional defense
committees by February 1, 2023.
SEC. 2813. APPLICABILITY OF DISABILITY LAWS TO PRIVATIZED MILITARY
HOUSING UNITS AND CLARIFICATION OF PROHIBITION AGAINST COLLECTION FROM
TENANTS OF AMOUNTS IN ADDITION TO RENT.
(a) Applicability of Disability Laws.--Section 2891 of title 10,
United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Applicability of Disability Laws.--For purposes of this
subchapter and subchapter IV of this chapter, housing units shall be
considered as military family housing for purposes of application of
Department of Defense policy implementing section 804 of the Fair
Housing Act (42 U.S.C. 3604) and title III of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12181 et seq.).''.
(b) Clarification of Prohibition.--
(1) Treatment of reasonable modification and accommodation
requirements.--Section 2891a(e) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3)(A) Costs incurred to reasonably modify or upgrade a housing
unit to comply with standards addressing discrimination against an
individual with a disability established pursuant to the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or to meet the
reasonable modification and accommodation requirements of section 804
of the Fair Housing Act (42 U.S.C. 3604) and in order to facilitate
occupancy of a housing unit by an individual with a disability, may not
be considered optional services under paragraph (2)(A)(i) or another
exception to the prohibition in paragraph (1) against collection from
tenants of housing units of amounts in addition to rent.
``(B) In subparagraph (A), the term `disability' has the meaning
given that term in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).''.
(2) Applicability of requirements.--Subsection (e)(3) of
section 2891a of title 10, United States Code, as added by
paragraph (1), shall apply to contracts described in subsection (a)
of such section entered into on or after the date of the enactment
of this Act.
SEC. 2814. REQUIRED INVESTMENTS IN IMPROVING MILITARY UNACCOMPANIED
HOUSING.
(a) Investments in Military Unaccompanied Housing.--Of the total
amount authorized to be appropriated by the National Defense
Authorization Act for a covered fiscal year for Facilities Sustainment,
Restoration, and Modernization activities of a military department, the
Secretary of that military department shall reserve an amount equal to
five percent of the estimated replacement cost of the total inventory
of unaccompanied housing under the jurisdiction of that Secretary for
the purpose of carrying out projects for the improvement of military
unaccompanied housing.
(b) Definitions.--In this section:
(1) The term ``military unaccompanied housing'' means military
housing intended to be occupied by members of the Armed Forces
serving a tour of duty unaccompanied by dependents.
(2) The term ``replacement cost'', with respect to military
unaccompanied housing, means the amount that would be required to
replace the remaining service potential of that military
unaccompanied housing.
(c) Duration of Investment Requirement.--The requirement in
subsection (a) shall apply for fiscal years 2022 through 2026.
SEC. 2815. IMPROVEMENT OF SECURITY OF LODGING AND LIVING SPACES ON
MILITARY INSTALLATIONS.
(a) Assessment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct an
assessment of all on-base dormitories and barracks at military
installations for purposes of identifying--
(1) locking mechanisms on points of entry into the main
facility, including doors and windows, or interior doors leading
into private sleeping areas that require replacing or repairing;
(2) areas, such as exterior sidewalks, entry points, and other
public areas where closed-circuit television security cameras
should be installed; and
(3) other passive security measures, such as additional
lighting, that may be necessary to prevent crime, including sexual
assault.
(b) Emergency Repairs.--The Secretary of Defense shall make any
necessary repairs of broken locks or other safety mechanisms discovered
during the assessment conducted under subsection (a) not later than 30
days after discovering the issue.
(c) Report.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the
assessment conducted under subsection (a).
(2) Elements.--The report under paragraph (1) shall include--
(A) a cost estimate to make any improvements recommended
pursuant to the assessment under subsection (a), disaggregated
by military department and installation; and
(B) an estimated schedule for making such improvements.
SEC. 2816. IMPROVEMENT OF DEPARTMENT OF DEFENSE CHILD DEVELOPMENT
CENTERS AND INCREASED AVAILABILITY OF CHILD CARE FOR CHILDREN OF
MILITARY PERSONNEL.
(a) Safety Inspection of Child Development Centers.--Not later than
one year after the date of the enactment of this Act, each Secretary of
a military department shall complete an inspection of all facilities
under the jurisdiction of that Secretary used as a child development
center to identify any unresolved safety issues, including lead,
asbestos, and mold, that adversely impact the facilities.
(b) Briefing on Results of Safety Inspections and Remediation
Plans.--
(1) Briefing required.--Not later than March 1, 2022, each
Secretary of a military department shall brief the Committees on
Armed Services of the Senate and the House of Representatives
regarding the results of the safety inspections conducted of child
development centers under the jurisdiction of that Secretary.
(2) Required elements of briefing.--In the briefing required by
paragraph (1), the Secretary of a military department shall provide
the following:
(A) A list of any child development centers under the
jurisdiction of that Secretary considered to be in poor or
failing condition. In the case of each child development center
included on this list, the Secretary shall provide a
remediation plan for the child development center, which shall
include the following elements:
(i) An estimate of the funding required to complete the
remediation plan.
(ii) The Secretary's funding strategy to complete the
remediation plan.
(iii) Any additional statutory authorities the
Secretary needs to complete the remediation plan
(B) A list of life-threatening and non-life-threatening
violations during the previous three years recorded at child
development centers under the jurisdiction of that Secretary
that are not included on the list required by subparagraph (A),
which shall include the name of the installation where the
violation occurred and date of inspection.
(C) A list of what that Secretary considers a life-
threatening and non-life-threatening violation, including with
regard to the presence of lead, asbestos, and mold.
(D) A list of how often the 90-day remediation requirement
has been waived and the name of each child development center
under the jurisdiction of that Secretary at which a waiver was
granted.
(E) Data on child development center closures under the
jurisdiction of that Secretary due to a non-life-threatening
violation not remedied within 90 days.
(F) An additional plan to conduct preventive maintenance on
other child development centers under the jurisdiction of that
Secretary to prevent additional child development centers from
degrading to poor or failing condition.
(c) Partnerships Encouraged for Child Care for Children of Military
Personnel.--Beginning one year after the date of the enactment of this
Act, and pursuant to such regulations as the Secretary of Defense may
prescribe, each Secretary of a military department is encouraged to
enter into agreements with public and private entities to provide child
care to the children of personnel (including members of the Armed
Forces and civilian employees of the Department of Defense) under the
jurisdiction of that Secretary.
(d) Annual Status Updates.--Not later than 18 months after the date
of the enactment of this Act, and every 12 months thereafter, each
Secretary of a military department shall brief the Committees on Armed
Services of the Senate and the House of Representatives on the progress
made by that Secretary--
(1) in implementing the child development center remediation
plans required by subsection (b)(2)(A) for child development
centers under the jurisdiction of that Secretary considered to be
in ``poor'' or ``failing'' condition, including details about
projects planned, funded, under construction, and completed under
the plans;
(2) in conducting preventive maintenance on other child
development centers under the jurisdiction of that Secretary
pursuant to the preventive maintenance plan required by subsection
(b)(2)(F); and
(3) in entering into partnerships encouraged by subsection (c),
including with regard to each partnership--
(A) the terms of the agreement, including cost to the
United States;
(B) the number of children described in such subparagraph
projected to receive child care under the partnership; and
(C) if applicable, the actual number of such children who
received child care under the partnership during the previous
year.
(e) Child Development Center Defined.--In this section, the term
``child development center'' has the meaning given that term in section
2871(2) of title 10, United States Code, and includes facilities
identified as a child care center or day care center.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. SECRETARY OF THE NAVY AUTHORITY TO SUPPORT DEVELOPMENT AND
OPERATION OF NATIONAL MUSEUM OF THE UNITED STATES NAVY.
Chapter 861 of title 10, United States Code, is amended by
inserting after section 8616 the following new section:
``Sec. 8617. National Museum of the United States Navy
``(a) Authority to Support Development and Operation of Museum.--
(1) The Secretary of the Navy may select and enter into a contract,
cooperative agreement, or other agreement with one or more eligible
nonprofit organizations to support the development, design,
construction, renovation, or operation of a multipurpose museum to
serve as the National Museum of the United States Navy.
``(2) The Secretary may--
``(A) authorize a partner organization to contract for each
phase of development, design, construction, renovation, or
operation of the museum, or all such phases; or
``(B) authorize acceptance of funds from a partner organization
for each or all such phases.
``(b) Purposes of Museum.--(1) The museum shall be used for the
identification, curation, storage, and public viewing of artifacts and
artwork of significance to the Navy, as agreed to by the Secretary of
the Navy.
``(2) The museum also may be used to support such education,
training, research, and associated activities as the Secretary
considers compatible with and in support of the museum and the mission
of the Naval History and Heritage Command.
``(c) Acceptance Upon Completion.--Upon the satisfactory
completion, as determined by the Secretary of the Navy, of any phase of
the museum, and upon the satisfaction of any financial obligations
incident thereto, the Secretary shall accept such phase of the museum
from the partner organization, and all right, title, and interest in
and to such phase of the museum shall vest in the United States. Upon
becoming the property of the United States, the Secretary shall assume
administrative jurisdiction over such phase of the museum.
``(d) Lease Authority.--(1) The Secretary of the Navy may lease
portions of the museum to an eligible nonprofit organization for use in
generating revenue for the support of activities of the museum and for
such administrative purposes as may be necessary for support of the
museum. Such a lease may not include any part of the collection of the
museum.
``(2) Any rent received by the Secretary under a lease under
paragraph (1), including rent-in-kind, shall be used solely to cover or
defray the costs of development, maintenance, or operation of the
museum.
``(e) Authority to Accept Gifts.--(1) The Secretary of the Navy may
accept, hold, administer, and spend any gift, devise, or bequest of
real property, personal property, or money made on the condition that
the gift, devise, or bequest be used for the benefit, or in connection
with, the establishment, operation, or maintenance, of the museum.
Section 2601 (other than subsections (b), (c), and (e)) of this title
shall apply to gifts accepted under this subsection.
``(2) The Secretary may display at the museum recognition for an
individual or organization that contributes money to a partner
organization, or an individual or organization that contributes a gift
directly to the Navy, for the benefit of the museum, whether or not the
contribution is subject to the condition that the recognition be
provided. The Secretary shall prescribe regulations governing the
circumstances under which contributor recognition may be provided,
appropriate forms of recognition, and suitable display standards.
``(3) The Secretary may authorize the sale of donated property
received under paragraph (1). A sale under this paragraph need not be
conducted in accordance with disposal requirements that would otherwise
apply, so long as the sale is conducted at arms-length and includes an
auditable transaction record.
``(4) Any money received under paragraph (1) and any proceeds from
the sale of property under paragraph (3) shall be deposited into a fund
established in the Treasury to support the museum.
``(f) Additional Terms and Conditions.--The Secretary of the Navy
may require such additional terms and conditions in connection with a
contract, cooperative agreement, or other agreement under subsection
(a) or a lease under subsection (d) as the Secretary considers
appropriate to protect the interests of the United States.
``(g) Use of Navy Indicators.--(1) In a contract, cooperative
agreement, or other agreement under subsection (a) or a lease under
subsection (d), the Secretary of the Navy may authorize, consistent
with section 2260 (other than subsection (d)) of this title, a partner
organization to enter into licensing, marketing, and sponsorship
agreements relating to Navy indicators, including the manufacture and
sale of merchandise for sale by the museum, subject to the approval of
the Department of the Navy.
``(2) No such licensing, marketing, or sponsorship agreement may be
entered into if it would reflect unfavorably on the ability of the
Department of the Navy, any of its employees, or any member of the
armed forces to carry out any responsibility or duty in a fair and
objective manner, or if the Secretary determines that the use of the
Navy indicator would compromise the integrity or appearance of
integrity of any program of the Department of the Navy.
``(h) Definitions.--In this section:
``(1) The term `eligible nonprofit organization' means an
entity that--
``(A) qualifies as an exempt organization under section
501(c)(3) of the Internal Revenue Code of 1986; and
``(B) has as its primary purpose the preservation and
promotion of the history and heritage of the Navy.
``(2) The term `museum' means the National Museum of the United
States Navy, including its facilities and grounds.
``(3) The term `Navy indicator' includes trademarks and service
marks, names, identities, abbreviations, official insignia, seals,
emblems, and acronyms of the Navy and Marine Corps, including
underlying units, and specifically includes the term `National
Museum of the United States Navy'.
``(4) The term `partner organization' means an eligible
nonprofit organization with whom the Secretary of the Navy enters
into a contract, cooperative agreement, or other agreement under
subsection (a) or a lease under subsection (d).''.
SEC. 2822. EXPANSION OF SECRETARY OF THE NAVY AUTHORITY TO LEASE AND
LICENSE UNITED STATES NAVY MUSEUM FACILITIES TO GENERATE REVENUE TO
SUPPORT MUSEUM ADMINISTRATION AND OPERATIONS.
(a) Inclusion of Additional United States Navy Museums.--Section
2852 of the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat. 3530) is amended--
(1) in subsection (a)--
(A) by striking the text preceding paragraph (1) and
inserting ``The Secretary of the Navy may lease or license any
portion of the facilities of a United States Navy museum to a
foundation established to support that museum for the purpose
of permitting the foundation to carry out the following
activities:''; and
(B) in paragraphs (1) and (2), by striking ``the United
States Navy Museum'' and inserting ``that United States Navy
museum'';
(2) in subsection (b), by striking ``the United States Navy
Museum'' and inserting ``the United States Navy museum of which the
facility is a part'';
(3) in subsection (c), by striking ``the Naval Historical
Foundation'' and inserting ``a foundation described in subsection
(a)''; and
(4) in subsection (d)--
(A) by striking ``the United States Navy Museum'' and
inserting ``the applicable United States Navy museum''; and
(B) by striking ``the Museum'' and inserting ``that
museum''.
(b) United States Navy Museum Defined.--Section 2852 of the
Military Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3530) is amended by adding at the
end the following new subsection:
``(f) United States Navy Museum.--In this section, the term `United
States Navy museum' means a museum under the jurisdiction of the
Secretary of Defense and operated through the Naval History and
Heritage Command.''.
(c) Conforming Clerical Amendment.--The heading of section 2852 of
the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3530) is amended by
striking ``at washington, navy yard, district of columbia''.
Subtitle D--Military Facilities Master Plan Requirements
SEC. 2831. COOPERATION WITH STATE AND LOCAL GOVERNMENTS IN DEVELOPMENT
OF MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.
Section 2864(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) The commander of a major military installation shall
develop and update the master plan for that major military installation
in consultation with representatives of the government of the State in
which the installation is located and representatives of local
governments in the vicinity of the installation to improve cooperation
and consistency between the Department of Defense and such governments
in addressing each component of the master plan described in paragraph
(1).
``(B) The consultation required by subparagraph (A) is in addition
to the consultation specifically required by subsection (b)(1) in
connection with the transportation component of the master plan for a
major military installation.''.
SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING MASTER PLANS
FOR MAJOR MILITARY INSTALLATIONS.
(a) Consideration of Military Installation Resilience.--Section
2864(a)(2)(E) of title 10, United States Code, is amended by inserting
before the period at the end the following: ``and military installation
resilience''.
(b) Coordination Efforts Related to Military Installation
Resilience Component.--Section 2864(c) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Extent of current coordination efforts and plans for
additional coordination, as of the time of the development of the
plan, with public or private entities for the purpose of
maintaining or enhancing military installation resilience or
resilience of the community infrastructure and resources described
in paragraph (5).''.
(c) Cross Reference to Definition of Military Installation
Resilience.--Section 2864(f) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(6) The term `military installation resilience' has the
meaning given that term in section 101(e) of this title.''.
SEC. 2833. PROMPT COMPLETION OF MILITARY INSTALLATION RESILIENCE
COMPONENT OF MASTER PLANS FOR AT-RISK MAJOR MILITARY INSTALLATIONS.
(a) Identification of At-Risk Installations.--Not later than 30
days after the date of the enactment of this Act, each Secretary of a
military department shall--
(1) identify at least two major military installations under
the jurisdiction of that Secretary that the Secretary considers at
risk from extreme weather events; and
(2) notify the Committees on Armed Services of the Senate and
the House of Representatives of the major military installations
identified under paragraph (1).
(b) Completion Deadline.--Not later than one year after the date of
the enactment of this Act, each Secretary of a military department
shall ensure that the military installation resilience component of the
master plan for each major military installation identified by the
Secretary under subsection (a) is completed.
(c) Briefings.--Not later than 60 days after completion of a master
plan component as required by subsection (b) for a major military
installation, the Secretary of the military department concerned shall
brief the Committees on Armed Services of the Senate and the House of
Representatives regarding the results of the master plan efforts for
that major military installation.
(d) Definitions.--In this section:
(1) The term ``major military installation'' has the meaning
given that term in section 2864(f) of title 10, United States Code.
(2) The term ``master plan'' means the master plan required by
section 2864(a) of title 10, United States Code, for a major
military installation.
SEC. 2834. MASTER PLANS AND INVESTMENT STRATEGIES FOR ARMY AMMUNITION
PLANTS GUIDING FUTURE INFRASTRUCTURE, FACILITY, AND PRODUCTION
EQUIPMENT IMPROVEMENTS.
(a) Submission of Master Plans and Investment Strategies.--Not
later than March 31, 2022, the Secretary of the Army shall submit to
the congressional defense committees a report containing the following:
(1) The master plan for each of the ammunition organic
industrial base production facilities under the jurisdiction of the
Secretary of the Army (in this section referred to as an
``ammunition production facility'') that was developed to guide
planning and budgeting for future infrastructure construction,
facility improvements, and production equipment needs at the
ammunition production facility.
(2) An investment strategy to address the facility, major
equipment, and infrastructure requirements at each ammunition
production facility in order to support the readiness and material
availability goals of current and future weapons systems of the
Department of Defense.
(b) Elements of Master Plan.--To satisfy the requirements of
subsection (a)(1), the master plan for an ammunition production
facility must incorporate the results of a review of industrial
processes, logistics streams, and workload distribution required to
support production objectives and the facility requirements to support
optimized processes and include the following specific elements:
(1) A description of all infrastructure construction and
facility improvements planned or being considered for the
ammunition production facility and production equipment planned or
being considered for installation, modernization, or replacement.
(2) An explanation of how the master plan for the ammunition
production facility will promote efficient, effective, resilient,
secure, and cost-effective production of ammunition and ammunition
components for the Armed Forces.
(3) A description of how development of the master plan for the
ammunition production facility included input from the contractor
operating the ammunition production facility and how implementation
of that master plan will be coordinated with the contractor.
(4) A review of current and projected workload requirements for
the manufacturing of energetic materials, including propellants,
explosives, pyrotechnics, and the ingredients for propellants,
explosives, and pyrotechnics, to assess efficiencies in the use of
existing facilities, including consideration of new weapons
characteristics and requirements, obsolescence of facilities,
siting of facilities and equipment, and various constrained process
flows.
(5) An analysis of life-cycle costs to repair and modernize
existing mission-essential facilities versus the cost to
consolidate functions into modern, right-sized facilities at each
location to meet current and programmed future mission
requirements.
(6) A review of the progress made in prioritizing and funding
projects that facilitate process efficiencies and consolidate and
contribute to availability cost and schedule reductions.
(7) An accounting of the backlog of restoration and
modernization projects at the ammunition production facility.
(c) Elements of Investment Strategy.--To satisfy the requirements
of subsection (a)(2), the investment strategy for an ammunition
production facility must include the following specific elements:
(1) A description of the funding sources for such
infrastructure construction, facility improvements, and production
equipment, including authorized military construction projects,
appropriations available for operation and maintenance, and
appropriations available for procurement of Army ammunition in
order to support the readiness and material availability goals of
current and future weapons systems of the Department of Defense.
(2) A timeline to complete the investment strategy.
(3) A list of projects and a brief scope of work for each such
project.
(4) Cost estimates necessary to complete projects for mission
essential facilities.
(d) Annual Updates.--Not later than March 31, 2023, and each March
31 thereafter through March 31, 2026, the Secretary of the Army shall
submit to the congressional defense committees a report containing the
following:
(1) A description of any revisions made during the previous
year to master plans and investment strategies submitted under
subsection (a).
(2) A description of any revisions to be made or being
considered to the master plans and investment strategies.
(3) An explanation of the reasons for each revision, whether
made, to be made, or being considered.
(4) A description of the progress made in improving
infrastructure, facility, and production equipment at each
ammunition production facility consistent with the master plans and
investment strategies.
(e) Delegation Authority.--The Secretary of the Army shall carry
out this section acting through the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
SEC. 2841. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO REQUIRE
INCLUSION OF PRIVATE NURSING AND LACTATION SPACE IN CERTAIN MILITARY
CONSTRUCTION PROJECTS.
(a) Amendment Required.--The Secretary of Defense shall amend UFC
1-4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/
DoD Building Code (UFC 1-200-01) to require that military construction
planning and design for buildings likely to be regularly frequented by
nursing mothers who are members of the uniformed services, civilian
employees of the Department of Defense, contractor personnel, or
visitors include a private nursing and lactation room or other private
space suitable for that purpose.
(b) Deadline.--The Secretary of Defense shall complete the
amendment process required by subsection (a) and implement the amended
UFC 1-4.2 not later than one year after the date of the enactment of
this Act.
SEC. 2842. REVISIONS TO UNIFIED FACILITIES CRITERIA REGARDING USE OF
VARIABLE REFRIGERANT FLOW SYSTEMS.
(a) Publication and Comment Period Requirements.--The Under
Secretary of Defense for Acquisition and Sustainment shall publish any
proposed revisions to the Unified Facilities Criteria regarding the use
of variable refrigerant flow systems in the Federal Register and shall
specify a comment period of at least 60 days.
(b) Notice and Justification Requirements.--The Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a written notice and justification for
any proposed revisions to the Unified Facilities Criteria regarding the
use of variable refrigerant flow systems not later than 30 days after
the date of publication in the Federal Register.
SEC. 2843. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE ENERGY
EFFICIENT MILITARY INSTALLATIONS.
(a) Unified Facilities Criteria Amendment Required.--To the extent
practicable, the Secretary of Defense shall amend the Unified
Facilities Criteria relating to military construction planning and
design to ensure that building practices and standards of the
Department of Defense incorporate the latest consensus-based codes and
standards for energy efficiency and conservation, including the 2021
International Energy Conservation Code and the ASHRAE Standard 90.1-
2019.
(b) Implementation of Amendment.--The Secretary of Defense shall
complete the amendment process required by subsection (a) in a timely
manner so that any Department of Defense Form 1391 submitted to
Congress in connection with the budget submission for fiscal year 2024
and thereafter complies with the Unified Facilities Criteria, as
amended pursuant to such subsection.
(c) Reporting Requirement.--Not later than February 1, 2024, the
Secretary of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report--
(1) describing the extent to which the Unified Facilities
Criteria, as amended pursuant to subsection (a), incorporate the
latest consensus-based codes and standards for energy efficiency
and conservation, including the 2021 International Energy
Conservation Code and the ASHRAE Standard 90.1-2019, as required by
such subsection; and
(2) in the case of any instance in which the Unified Facilities
Criteria continues to deviate from such consensus-based codes and
standards for energy efficiency and conservation, identifying the
deviation and explaining the reasons for the deviation.
SEC. 2844. ADDITIONAL DEPARTMENT OF DEFENSE ACTIVITIES TO IMPROVE
ENERGY RESILIENCY OF MILITARY INSTALLATIONS.
(a) Consideration of Including Energy Microgrid in Military
Construction Projects.--
(1) Amendment of unified facilities criteria required.--The
Secretary of Defense shall amend the Unified Facilities Criteria/
DoD Building Code (UFC 1-200-01) to require that planning and
design for military construction projects inside the United States
include consideration of the feasibility and cost-effectiveness of
installing an energy microgrid as part of the project, including
intentional islanding capability of at least seven consecutive
days, for the purpose of--
(A) promoting on-installation energy security and energy
resilience; and
(B) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title
10, United States Code, as added and amended by section 2825 of
the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283).
(2) Deadline.--The Secretary of Defense shall complete the
amendment process required by paragraph (1) and implement the
amendment not later than September 1, 2022.
(b) Contracts for Emergency Access to Existing On-installation
Renewable Energy Sources.--In the case of a covered renewable energy
generating source located on a military installation pursuant to a
lease of non-excess defense property under section 2667 of title 10,
United States Code, the Secretary of the military department concerned
is encouraged to negotiate with the owner and operator of the renewable
energy generating source to revise the lease contract to permit the
military installation to access the renewable energy generating source
during an emergency. The negotiations shall include consideration of
the ease of modifying the renewable energy generating source to include
an islanding capability, the necessity of additional infrastructure to
tie the renewable energy generating source into the installation energy
grid, and the cost of such modifications and infrastructure.
(c) Definitions.--In this section:
(1) The term ``covered renewable energy generating source''
means a renewable energy generating source that, on the date of the
enactment of this Act--
(A) is located on a military installation inside the United
States; but
(B) cannot be used as a direct source of resilient energy
for the installation in the event of a power disruption.
(2) The term ``islanding capability'' refers to the ability to
remove an energy system, such as a microgrid, from the local
utility grid and to operate the energy system, at least
temporarily, as an integrated, stand-alone system, during an
emergency involving the loss of external electric power supply.
(3) The term ``microgrid'' means an integrated energy system
consisting of interconnected loads and energy resources with an
islanding capability to permit functioning separate from the local
utility grid.
Subtitle F--Land Conveyances
SEC. 2851. MODIFICATION OF RESTRICTIONS ON USE OF FORMER NAVY PROPERTY
CONVEYED TO UNIVERSITY OF CALIFORNIA, SAN DIEGO, CALIFORNIA.
(a) Modification of Original Use Restriction.--Section 3(a) of
Public Law 87-662 (76 Stat. 546) is amended by inserting after
``educational purposes'' the following: ``, which may include
technology innovation and entrepreneurship programs and establishment
of innovation incubators''.
(b) Execution.--If necessary to effectuate the amendment made by
subsection (a), the Secretary of the Navy shall execute and file in the
appropriate office an amended deed or other appropriate instrument
reflecting the modification of restrictions on the use of former Camp
Matthews conveyed to the regents of the University of California
pursuant to Public Law 87-662.
SEC. 2852. LAND CONVEYANCE, JOINT BASE CAPE COD, BOURNE, MASSACHUSETTS.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the Commonwealth of Massachusetts (in this section referred
to as the ``Commonwealth'') all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon and related easements, consisting of approximately
10 acres located on Joint Base Cape Cod, Bourne, Massachusetts.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to valid existing rights and the Commonwealth shall
accept the real property, and any improvements thereon, in its
condition at the time of the conveyance (commonly known as a conveyance
``as is'').
(c) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the Commonwealth shall pay to the
United States an amount equal to the fair market value of the
right, title, and interest conveyed under subsection (a) based on
an appraisal approved by the Secretary.
(2) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the special
account in the Treasury established under subsection (b) of section
572 of title 40, United States Code, and shall be available in
accordance with paragraph (5)(B) of such subsection.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Commonwealth to cover all costs (except costs for
environmental remediation of the property) to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental documentation, and
any other administrative costs related to the conveyance. If
amounts are collected from the Commonwealth in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to the
Commonwealth.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the conveyance or, if the period of availability
for obligations for that appropriation has expired, to an
appropriate fund or account currently available to the Secretary
for the same purpose. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the
same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Air
Force.
(f) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2853. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI.
(a) Conveyance Authorized.--At such time as the Missouri Air
National Guard vacates their existing location on the southern end of
the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri,
as determined by the Secretary of the Air Force, the Secretary may
convey to the City of Saint Joseph, Missouri (in this section referred
to as the ``City''), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 54 acres at the Rosecrans Air
National Guard Base in Saint Joseph, Missouri, for the purpose of
removing the property from the boundaries of the Rosecrans Air National
Guard Base and accommodating the operations and maintenance needs of
the Rosecrans Memorial Airport as well as the development of the
parcels and buildings for economic purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to valid existing rights and the City shall accept the
real property (and any improvements thereon) in its condition at the
time of the conveyance (commonly known as a conveyance ``as is'').
(c) Consideration.--
(1) Requirement.--As consideration for the conveyance of the
property under subsection (a), the City shall provide the United
States an amount that is equivalent to the fair market value of the
right, title, and interest conveyed under subsection (a) based on
an appraisal approved by the Secretary of the Air Force.
(2) Types of consideration.--
(A) In general.--Except as provided in subparagraph (B),
the consideration required to be provided under paragraph (1)
may be provided by land exchange, in-kind consideration
described in subparagraph (D), or a combination thereof.
(B) Less than fair market value.--If the value of the land
exchange or in-kind consideration provided under subparagraph
(A) is less than the fair market value of the property interest
to be conveyed under subsection (a), the City shall pay to the
United States an amount equal to the difference between the
fair market value of the property interest and the value of the
consideration provided under subparagraph (A).
(C) Cash consideration.--Any cash consideration received by
the United States under this subsection shall be deposited in
the special account in the Treasury established under section
572(b)(5) of title 40, United States Code, and available in
accordance with the provisions of subparagraph (B)(ii) of such
section.
(D) In-kind consideration.--In-kind consideration described
in this subparagraph may include the construction, provision,
improvement, alteration, protection, maintenance, repair, or
restoration (including environmental restoration), or a
combination thereof, of any facilities or infrastructure
relating to the needs of the Missouri Air National Guard at
Rosecrans Air National Guard Base that the Secretary considers
appropriate.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force may
require the City to cover all costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, and any other administrative costs related to the
conveyance. If amounts paid by the City to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to the
City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the conveyance under subsection (a) shall be credited
to the fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance, or to an appropriate
fund or account currently available to the Secretary for the
purposes for which the costs were paid. Amounts so credited shall
be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Air
Force.
(f) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2854. LAND CONVEYANCE, DEPARTMENT OF DEFENSE EXCESS PROPERTY, ST.
LOUIS, MISSOURI.
(a) Conveyance to Land Clearance for Redevelopment Authority of the
City of St. Louis.--
(1) Conveyance authorized.--The Secretary of the Air Force may
convey to the Land Clearance for Redevelopment Authority of the
City of St. Louis (in this section referred to as the
``Authority'') all right, title, and interest of the United States
in and to a parcel of real property, including all improvements
thereon, consisting of approximately 24 acres located at 3200 S.
2nd Street, St. Louis, Missouri, for purpose of permitting the
Authority to redevelop the property.
(2) Limitation.--The Secretary may convey to the Authority only
that portion of the parcel of real property described in paragraph
(1) that is declared excess to the needs of the Department of
Defense.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the Authority shall pay to the
Secretary of the Air Force an amount that is not less than the fair
market value of the property conveyed, as determined by the
Secretary, whether by cash payment, in-kind consideration as
described under paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided by
the Authority under this subsection may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or combination
thereof, of any facilities or infrastructure, or delivery of
services relating to the needs that the Secretary considers
acceptable.
(c) Terms of Conveyance.--
(1) Instrument of conveyance; acceptance.--The conveyance under
subsection (a) shall be subject to valid existing rights and shall
be accomplished using a quitclaim deed or other legal instrument.
(2) Conditions.--
(A) In general.--Subject to paragraph (3), the Authority
shall accept the real property conveyed under subsection (a),
and any improvements thereon, in its condition at the time of
the conveyance (commonly known as a conveyance ``as is'').
(B) Environmental conditions.--The conveyance under
subsection (a) may include conditions, restrictions, or
covenants related the environmental condition of the conveyed
property, which shall not adversely interfere with the use of
existing structures and the development of the property for
commercial or industrial uses.
(C) Historical property conditions.--The conveyance under
subsection (a) may include conditions, restrictions, or
covenants to ensure preservation of historic property,
notwithstanding the effect such conditions, restrictions, or
covenants may have on reuse of the property.
(3) Conduct of remediation.--
(A) In general.--The Secretary of the Air Force shall
conduct all remediation at the real property conveyed under
subsection (a) pursuant to approved activities under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Defense
Environmental Restoration Program under section 2701 of title
10, United States Code.
(B) Completion of remediation.--The Secretary shall
complete all remediation at the parcel of land conveyed under
subsection (a) in accordance with the requirements selected in
the Record of Decision, Scott Air Force Base Environmental
Restoration Program Site SS018, National Imagery and Mapping
Agency, Second Street, dated August 2019.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Authority to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including costs related to environmental and real estate due
diligence, and any other administrative costs related to the
conveyance. If amounts are collected in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
Authority.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance or, if the period of
availability for obligations for that appropriation has expired, to
the fund or account currently available to the Secretary for the
same purpose. Amounts so credited shall be merged with amounts in
such fund or account, and shall be available for the same purposes,
and subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Relation to Other Laws.--
(1) Historic preservation.--The conveyance under subsection (a)
shall be carried out in compliance with division A of subtitle III
of title 54, United States Code (formerly known as the National
Historic Preservation Act).
(2) Rule of construction.--Nothing in this section shall be
construed to affect or limit the application of, or any obligation
to comply with, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(f) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Air Force.
(g) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2855. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY POINT,
NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Havelock, North Carolina (in this section referred to as
the ``City''), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 30 acres, known as the former Fort Macon
Housing Area, located within the City limits.
(b) Interim Lease.--Until such time as the real property described
in subsection (a) is conveyed to the City, the Secretary of the Navy
may lease the property to the City for 20 years.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a) and interim lease under subsection (b), the City
shall pay to the Secretary of the Navy an amount that is not less
than the fair market value of the property conveyed, as determined
by the Secretary, whether by cash payment, in-kind consideration as
described under paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided by
the City under this subsection may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or combination
thereof, of any facilities or infrastructure, or delivery of
services relating to the needs of Marine Corps Air Station Cherry
Point, North Carolina, that the Secretary considers acceptable.
(3) Disposition of amounts.--
(A) Conveyance.--Amounts received by the Secretary in
exchange for the fee title of the real property described in
subsection (a) shall be deposited in the special account in the
Treasury established under section 572(b)(5) of title 40,
United States Code, and shall be available in accordance with
subparagraph (B)(ii) of such section.
(B) Interim lease.--Amounts received by the Secretary for
the interim lease of the real property described in subsection
(a) shall be deposited in the special account in the Treasury
established for the Secretary under subsection (e) of section
2667 of title 10, United States Code, and shall be available
for use in accordance with paragraph (1)(D) of such subsection.
(d) Payment of Costs of Conveyance.--
(1) In general.--The Secretary of the Navy shall require the
City to cover costs (except costs for environmental remediation of
the property) to be incurred by the Secretary, or to reimburse the
Secretary for such costs incurred by the Secretary, to carry out
the conveyance under subsection (a) and interim lease under
subsection (b), including costs for environmental and real estate
due diligence and any other administrative costs related to the
conveyance.
(2) Refund of excess amounts.--If amounts are collected from
the City under paragraph (1) in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance
under subsection (a) and interim lease under subsection (b), the
Secretary shall refund the excess amount to the City.
(e) Condition of Conveyance.--Conveyance of real property shall be
subject to all existing easements, restrictions, and covenants of
record and conditioned upon the following:
(1) Real property shall be used for municipal park and
recreational purposes, which may include ancillary uses such as
vending and restrooms.
(2) The City shall not use Federal funds to cover any portion
of the amounts required by subsections (c) and (d) to be paid by
the City.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Navy.
(g) Exclusion of Requirements for Prior Screening by General
Services Administration for Additional Federal Use.--Section 2696(b) of
title 10, United States Code, does not apply to the conveyance of real
property authorized under subsection (a).
(h) Additional Terms.--The Secretary of the Navy may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2856. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA BEACH,
VIRGINIA, TO CITY OF VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Navy may convey to the
City of Virginia Beach, Virginia (in this section referred to as
the ``City''), all right, title, and interest of the United States
in and to a parcel of real property located at 4200 C Avenue,
Virginia Beach, Virginia, including any improvements thereon,
consisting of approximately 8 acres.
(2) Authority to void land use restrictions.--The Secretary may
void any land use restrictions associated with the property to be
conveyed under paragraph (1).
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a)(1), the City shall pay to the Secretary of the Navy
an amount that is not less than the fair market value of the
property conveyed, as determined by the Secretary, whether by cash
payment, in-kind consideration as described in paragraph (2), or a
combination thereof.
(2) In-kind consideration.--In-kind consideration provided by
the City under this subsection may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or combination
thereof, of any facilities or infrastructure, or delivery of
services relating to the needs of Naval Air Station Oceana,
Virginia, that the Secretary considers acceptable.
(3) Disposition of funds.--Cash received in exchange for the
fee title of the property conveyed under subsection (a)(1) shall be
deposited in the special account in the Treasury established under
subparagraph (A) of section 572(b)(5) of title 40, United States
Code, and shall be available for use in accordance with
subparagraph (B)(ii) of such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a)(1), including costs
related to environmental and real estate due diligence, and any
other administrative costs related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected under
paragraph (1) in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually incurred
by the Secretary to carry out the conveyance under subsection
(a)(1), the Secretary shall refund the excess amount to the City.
(3) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the conveyance under subsection (a)(1). Amounts so
credited shall be merged with amounts in such fund or account and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a)(1) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a)(1) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2857. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA BEACH,
VIRGINIA, TO SCHOOL BOARD OF CITY OF VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Navy may convey to the
School Board of the City of Virginia Beach, Virginia (in this
section referred to as ``VBCPS'') all right, title, and interest of
the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 2.77 acres at
Naval Air Station Oceana, Virginia Beach, Virginia, located at 121
West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS
to use the property for educational purposes.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph (1)
shall be subject to any easement, restriction, or covenant of
record applicable to the property and in existence on the date of
the enactment of this Act.
(b) Consideration.--
(1) Consideration required; amount.--As consideration for the
conveyance under subsection (a), VBCPS shall pay to the Secretary
of the Navy an amount that is not less than the fair market value
of the property to be conveyed, as determined by the Secretary. The
Secretary's determination of fair market value shall be final of
the property to be conveyed.
(2) Form of consideration.--The consideration required by
paragraph (1) may be in the form of a cash payment, in-kind
consideration as described in paragraph (3), or a combination
thereof, as acceptable to the Secretary. Cash consideration shall
be deposited in the special account in the Treasury established
under section 572 of title 40, United States Code, and the entire
amount deposited shall be available for use in accordance with
subsection (b)(5)(ii) of such section.
(3) In-kind consideration.--The Secretary may accept as in-kind
consideration under this subsection the acquisition, construction,
provision, improvement, maintenance, repair, or restoration
(including environmental restoration), or combination thereof, of
any facilities or infrastructure, or the delivery of services,
relating to the needs of Naval Air Station Oceana.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall require
VBCPS to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including costs
related to environmental and real estate due diligence, and any
other administrative costs related to the conveyance. If amounts
are collected in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to VBCPS.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance or, if the period of
availability for obligations for that appropriation has expired, to
the fund or account currently available to the Secretary for the
same purpose. Amounts so credited shall be merged with amounts in
such fund or account, and shall be available for the same purposes,
and subject to the same conditions and limitations, as amounts in
such fund or account.
(d) Limitation on Source of Funds.--VBCPS may not use Federal funds
to cover any portion of the costs required by subsections (b) and (c)
to be paid by VBCPS.
(e) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(f) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
Subtitle G--Authorized Pilot Programs
SEC. 2861. PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE BUILDING
MATERIALS IN MILITARY CONSTRUCTION.
(a) Pilot Program Required.--Each Secretary of a military
department shall conduct a pilot program to evaluate the effect that
the use of sustainable building materials as the primary construction
material in military construction may have on the environmental
sustainability, infrastructure resilience, cost effectiveness, and
construction timeliness of military construction.
(b) Project Selection and Locations.--
(1) Minimum number of projects.--Each Secretary of a military
department shall carry out at least one military construction
project under the pilot program.
(2) Project locations.--The pilot program shall be conducted at
military installations in the continental United States--
(A) that are identified as vulnerable to extreme weather
events; and--
(B) for which a military construction project is authorized
but a request for proposal has not been released.
(c) Inclusion of Military Unaccompanied Housing Project.--The
Secretaries of the military departments shall coordinate the selection
of military construction projects to be carried out under the pilot
program so that at least one of the military construction projects
involves construction of military unaccompanied housing.
(d) Duration of Program.--The authority of the Secretary of a
military department to carry out a military construction project under
the pilot program shall expire on September 30, 2024. Any construction
commenced under the pilot program before the expiration date may
continue to completion.
(e) Reporting Requirement.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter through
December 31, 2024, the Secretaries of the military departments
shall submit to the congressional defense committees a report on
the progress of the pilot program.
(2) Report elements.--The report shall include the following:
(A) A description of the status of the military
construction projects selected to be conducted under the pilot
program.
(B) An explanation of the reasons why those military
construction projects were selected.
(C) An analysis of the following:
(i) The projected or actual carbon footprint over the
full life cycle of the various sustainable building
materials evaluated in the pilot program.
(ii) The life cycle costs of the various sustainable
building materials evaluated in the pilot program.
(iii) The resilience to extreme weather events of the
various sustainable building materials evaluated in the
pilot program.
(iv) Any impact on construction timeliness of using the
various sustainable building materials evaluated in the
pilot program.
(v) The cost effectiveness of the military construction
projects conducted under the pilot program using
sustainable building materials as compared to other
materials historically used in military construction.
(D) Any updated guidance the Under Secretary of Defense for
Acquisition and Sustainment has released in relation to the
procurement policy for future military construction projects
based on comparable benefits realized from use of sustainable
building materials, including guidance on prioritizing
sustainable materials in establishing evaluation criteria for
military construction project contracts when technically
feasible.
(f) Sustainable Building Materials Defined.--In this section, the
term ``sustainable building material'' means any building material the
use of which will reduce carbon emissions over the life cycle of the
building. The term includes mass timber, concrete, and other carbon-
reducing materials.
SEC. 2862. PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR REIMBURSEMENT
FOR USE OF TESTING FACILITIES AT INSTALLATIONS OF THE DEPARTMENT OF THE
AIR FORCE.
(a) Pilot Program Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Air Force shall
establish a pilot program to authorize installations of the Department
of the Air Force to establish a reimbursable account for the purpose of
being reimbursed for the use of testing facilities on such
installation.
(b) Installations Selected.--The Secretary of the Air Force shall
select not more than two installations of the Department of the Air
Force to participate in the pilot program from among any such
installations that are part of the Air Force Flight Test Center
construct and are currently funded for Facility, Sustainment,
Restoration, and Modernization (FSRM) through the Research,
Development, Test, and Evaluation account of the Department of the Air
Force.
(c) Oversight of Funds.--
(1) Installation commander.--The commander of an installation
selected for the pilot program shall have direct oversight over 50
percent of the funds allocated to the installation for Facility,
Sustainment, Restoration, and Modernization.
(2) Air force civil engineer center commander.--The Commander
of the Air Force Civil Engineer Center shall have direct oversight
over the remaining 50 percent of Facility, Sustainment,
Restoration, and Modernization funds allocated to an installation
selected for the pilot program.
(d) Briefing and Report.--
(1) Briefing.--Not later than 30 days after establishing the
pilot program, the Secretary of the Air Force shall brief the
congressional defense committees on the pilot program.
(2) Annual report.--Not later than one year after establishing
the pilot program under subsection (a), and annually thereafter
through the year following termination of the pilot program, the
Secretary of the Air Force shall submit to the congressional
defense committees a report on the pilot program.
(e) Termination.--The pilot program shall terminate on December 1,
2026.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
SEC. 2871. IMPROVED OVERSIGHT OF CERTAIN INFRASTRUCTURE SERVICES
PROVIDED BY NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND PACIFIC.
The Secretary of the Navy shall designate an administrative
position within the Naval Facilities Engineering Systems Command
Pacific for the purpose of improving the continuity of management and
oversight of real property and infrastructure assets in the Pacific
Area of Responsibility related to the training needs of the Armed
Forces, particularly regarding leased property for which the lease will
expire within 10 years after the date of the enactment of this Act.
SEC. 2872. ANNUAL CONGRESSIONAL BRIEFING ON RENEWAL OF DEPARTMENT OF
DEFENSE EASEMENTS AND LEASES OF LAND IN HAWAI`I.
(a) Annual Briefing Required.--Not later than February 1 of each
year, the Secretary of Defense shall brief the congressional defense
committee on the progress being made by the Department of Defense to
renew each Department of Defense land lease and easement in the State
of Hawai`i that--
(1) encompasses one acre or more; and
(2) will expire within 10 years after the date of the briefing.
(b) Required Elements of Briefing.--Each briefing provided under
subsection (a) shall include the following:
(1) The location, size, and expiration date of each lease and
easement described in such subsection.
(2) Major milestones and expected timelines for maintaining
access to the land covered by such lease and easement.
(3) Actions completed over the preceding two years for such
lease and easement.
(4) Department-wide and service-specific authorities governing
the extension of such lease and easement.
(5) A summary of coordination efforts between the Secretary of
Defense and the Secretaries of the military departments.
(6) The status of efforts to develop an inventory of military
land in Hawai`i, including current and possible future uses of the
land, that would assist in land negotiations with the State of
Hawai`i.
(7) The risks and potential solutions to ensure the
renewability of required and critical leases and easements.
SEC. 2873. HAWAI`I MILITARY LAND USE MASTER PLAN.
(a) Update of Master Plan Required.--Not later than December 31,
2025, the Commander of the United States Indo-Pacific Command shall
update the Hawai`i Military Land Use Master Plan, which was first
produced by the Department of Defense in 1995 and last updated in 2021.
(b) Elements.--In updating the Hawai`i Military Land Use Master
Plan as required by subsection (a), the Commander of the United States
Indo-Pacific Command shall consider, address, and include the
following:
(1) The priorities of each individual Armed Force and joint
priorities within the State of Hawai`i.
(2) The historical background of Armed Forces and Department of
Defense use of lands in Hawai`i and the cultural significance of
the historical land holdings.
(3) A summary of all leases and easements held by the
Department of Defense.
(4) An overview of Army, Navy, Marine Corps, Air Force, Space
Force, Coast Guard, Hawai`i National Guard, and Hawai`i Air
National Guard assets in the State, including the following for
each asset:
(A) The location and size of facilities.
(B) Any tenet commands.
(C) Training lands.
(D) Purpose of the asset.
(E) Priorities for the asset for the next five years,
including any planned divestitures and expansions.
(5) A summary of encroachment planning efforts.
(6) A summary of efforts to synchronize the inter-service use
of training lands and ranges.
(c) Cooperation.--The Commander of the United States Indo-Pacific
Command shall update the Hawai`i Military Land Use Master Plan under
this section in conjunction with the Deputy Assistant Secretary of
Defense for Real Property.
(d) Submission of Updated Plan.--Not later than 30 days after the
date of the completion of the update to the Hawai`i Military Land Use
Master Plan required by subsection (a), the Commander of the United
States Indo-Pacific Command shall submit the updated master plan to the
Committees on Armed Services of the Senate and the House of
Representatives.
Subtitle I--One-Time Reports and Other Matters
SEC. 2881. CLARIFICATION OF INSTALLATION AND MAINTENANCE REQUIREMENTS
REGARDING FIRE EXTINGUISHERS IN DEPARTMENT OF DEFENSE FACILITIES.
Section 2861 of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 10 U.S.C. 113 note;
133 Stat. 1899) is amended by striking ``requirements of national model
fire codes developed by the National Fire Protection Association and
the International Code Council'' and inserting ``NFPA 1, Fire Code of
the National Fire Protection Association and applicable requirements of
the international building code and international fire code of the
International Code Council''.
SEC. 2882. GAO REVIEW AND REPORT OF MILITARY CONSTRUCTION CONTRACTING
AT MILITARY INSTALLATIONS INSIDE THE UNITED STATES.
(a) Review Required.--The Comptroller General of the United States
shall perform a review to assess the contracting approaches authorized
pursuant to section 2802 of title 10, United States Code, used to
maintain and upgrade military installations inside the United States.
(b) Elements of Review.--In conducting the review required by
subsection (a), the Comptroller General should consider, to the extent
practicable, such issues as the following:
(1) The extent to which the Department of Defense uses
competitive procedures when awarding contracts to contractors to
maintain or upgrade military installations inside the United
States.
(2) The number of contractors awarded such a contract that are
considered a small business, and the percentage that these
contracts comprise of all such contracts.
(3) The extent to which the primary business location of each
contractor awarded such a contract is located within 60 miles of
the military installation where the contract is to be performed.
(4) The extent to which contractors awarded such a contract in
turn use subcontractors and suppliers whose primary business
location is located within 60 miles of the military installation
where the contract is to be performed.
(5) The extent to which the source selection procedures used by
the responsible contracting organization considers whether offerors
are small businesses or are businesses that are located within 60
miles of the military installation where the contract is to be
performed.
(6) Any other matters the Comptroller General determines
relevant to the review.
(c) Report Required.--Not later than March 31, 2023, the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing the
results of the review required by subsection (a).
(d) Small Business Defined.--In this section, the term ``small
business'' means a contractor that is a small-business concern as such
term is defined under section 3 of the Small Business Act (15 U.S.C.
632).
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Improvements to cost estimates informing analyses of
alternatives.
Sec. 3113. University-based defense nuclear policy collaboration
program.
Sec. 3114. Defense environmental cleanup programs.
Sec. 3115. Modification of requirements for certain construction
projects.
Sec. 3116. Updates to infrastructure modernization initiative.
Sec. 3117. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3118. Extension of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at vulnerable
sites worldwide.
Sec. 3119. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Portfolio management framework for National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modifications to certain reporting requirements.
Sec. 3132. Modification to terminology for reports on financial balances
for atomic energy defense activities.
Sec. 3133. Improvements to annual reports on condition of the United
States nuclear weapons stockpile.
Sec. 3134. Report on plant-directed research and development.
Sec. 3135. Reports on risks to and gaps in industrial base for nuclear
weapons components, subsystems, and materials.
Sec. 3136. Transfer of building located at 4170 Allium Court,
Springfield, Ohio.
Sec. 3137. Comprehensive strategy for treating, storing, and disposing
of defense nuclear waste resulting from stockpile maintenance
and modernization activities.
Sec. 3138. Acquisition of high-performance computing capabilities by
National Nuclear Security Administration.
Sec. 3139. Study on the W80-4 nuclear warhead life extension program.
Sec. 3140. Study on Runit Dome and related hazards.
Sec. 3141. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2022 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 22-D-513, Power Sources Capability, Sandia National
Laboratories, Albuquerque, New Mexico, $13,827,000.
Project 22-D-514, Digital Infrastructure Capability Expansion,
Lawrence Livermore National Laboratory, Livermore, California,
$8,000,000.
Project 22-D-531, KL Chemistry and Radiological Health
Building, Knolls Atomic Power Laboratory, Schenectady, New York,
$41,620,000.
Project 22-D-532, KL Security Upgrades, Knolls Atomic Power
Laboratory, Schenectady, New York, $5,100,000.
Shipping & Receiving (Exterior), Los Alamos National
Laboratory, Los Alamos, New Mexico, $9,700,000.
TCAP Restoration Column A, Savannah River Site, Aiken, South
Carolina, $4,700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2022 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 22-D-401, 400 Area Fire Station, Hanford Site, Richland,
Washington, $15,200,000.
Project 22-D-402, 200 Area Water Treatment Facility, Hanford Site,
Richland, Washington, $12,800,000.
Project 22-D-403, Idaho Spent Nuclear Fuel Staging Facility, Idaho
National Laboratory, Idaho Falls, Idaho, $3,000,000.
Project 22-D-404, Additional ICDF Landfill Disposal Cell and
Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls,
Idaho, $5,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2022 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2022 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Certifications.--Section 4219 of the Atomic Energy Defense Act
(50 U.S.C. 2538a) is amended by adding at the end the following new
subsections:
``(d) Certifications on Plutonium Enterprise.--
``(1) Requirement.--Not later than 30 days after the date on
which a covered project achieves a critical decision milestone, the
Assistant Secretary for Environmental Management and the Deputy
Administrator for Defense Programs shall jointly certify to the
congressional defense committees that the operations,
infrastructure, and workforce of such project are adequate to carry
out the delivery and disposal of planned waste shipments relating
to the plutonium enterprise, as outlined in the critical decision
memoranda of the Department of Energy with respect to such project.
``(2) Failure to certify.--If the Assistant Secretary for
Environmental Management and the Deputy Administrator for Defense
Programs fail to make a certification under paragraph (1) by the
date specified in such paragraph with respect to a covered project
achieving a critical decision milestone, the Assistant Secretary
and the Deputy Administrator shall jointly submit to the
congressional defense committees, by not later than 30 days after
such date, a plan to ensure that the operations, infrastructure,
and workforce of such project will be adequate to carry out the
delivery and disposal of planned waste shipments described in such
paragraph.
``(e) Reports.--
``(1) Requirement.--Not later than March 1 of each year during
the period beginning on the date on which the first covered project
achieves critical decision 2 in the acquisition process and ending
on the date on which the second project achieves critical decision
4 and begins operations, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report on
the planned production goals of both covered projects during the
first 10 years of the operation of the projects.
``(2) Elements.--Each report under paragraph (1) shall
include--
``(A) the number of war reserve plutonium pits planned to
be produced during each year, including the associated warhead
type;
``(B) a description of risks and challenges to meeting the
performance baseline for the covered projects, as approved in
critical decision 2 in the acquisition process;
``(C) options available to the Administrator to balance
scope, costs, and production requirements at the projects to
decrease overall risk to the plutonium enterprise and enduring
plutonium pit requirements; and
``(D) an explanation of any changes to the production goals
or requirements as compared to the report submitted during the
previous year.
``(f) Covered Project Defined.--In this subsection, the term
`covered project' means--
``(1) the Savannah River Plutonium Processing Facility,
Savannah River Site, Aiken, South Carolina (Project 21-D-511); or
``(2) the Plutonium Pit Production Project, Los Alamos National
Laboratory, Los Alamos, New Mexico (Project 21-D-512).''.
(b) Briefing.--Not later than May 1, 2022, the Administrator for
Nuclear Security and the Director for Cost Estimating and Program
Evaluation shall jointly provide to the congressional defense
committees a briefing on the ability of the National Nuclear Security
Administration to carry out the plutonium enterprise of the
Administration, including with respect to the adequacy of the program
management staff of the Administration to execute covered projects (as
defined in subsection (f) of section 4219 of the Atomic Energy Defense
Act (50 U.S.C. 2538a), as amended by subsection (a)).
SEC. 3112. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES OF
ALTERNATIVES.
(a) In General.--Subtitle A of title XLVII of the Atomic Energy
Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end
the following new section:
``SEC. 4718. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES OF
ALTERNATIVES.
``(a) Requirement for Analyses of Alternatives.--The Administrator
shall ensure that any cost estimate used in an analysis of alternatives
for a project carried out using funds authorized by a DOE national
security authorization is designed to fully satisfy the requirements
outlined in the mission needs statement approved at critical decision 0
in the acquisition process, as set forth in Department of Energy Order
413.3B (relating to program management and project management for the
acquisition of capital assets) or a successor order.
``(b) Use of Project Engineering and Design Funds.--In the case of
a project the total estimated cost of which exceeds $500,000,000 and
that has not reached critical decision 1 in the acquisition process,
the Administrator may use funds authorized by a DOE national security
authorization for project engineering and design to begin the
development of a conceptual design to facilitate the development of a
cost estimate for the project during the analysis of alternatives for
the project if--
``(1) the Administrator--
``(A) determines that such use of funds would improve the
quality of the cost estimate for the project; and
``(B) notifies the congressional defense committees of that
determination; and
``(2) a period of 15 days has elapsed after the date on which
such committees receive the notification.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4717 the following new item:
``Sec. 4718. Improvements to cost estimates informing analyses of
alternatives.''.
SEC. 3113. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY COLLABORATION
PROGRAM.
Title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et
seq.) is amended by adding at the end the following new section (and
conforming the table of contents accordingly):
``SEC. 4853. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY COLLABORATION
PROGRAM.
``(a) Program.--The Administrator shall carry out a program under
which the Administrator establishes a policy research consortium of
institutions of higher education and nonprofit entities in support of
implementing and innovating the defense nuclear policy programs of the
Administration. The Administrator shall establish and carry out such
program in a manner similar to the program established under section
4814.
``(b) Purposes.--The purposes of the consortium under subsection
(a) are as follows:
``(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding defense
nuclear policy programs.
``(2) To maintain open-source databases on issues relevant to
understanding defense nuclear nonproliferation, arms control,
nuclear deterrence, foreign nuclear programs, and nuclear security.
``(3) To facilitate the collaboration of research centers of
excellence relating to defense nuclear policy to better distribute
expertise to specific issues and scenarios regarding such threats.
``(c) Duties.--
``(1) Support.--The Administrator shall ensure that the
consortium established under subsection (a) provides support to
individuals described in paragraph (2) through the use of
nongovernmental fellowships, scholarships, research internships,
workshops, short courses, summer schools, and research grants.
``(2) Individuals described.--The individuals described in this
paragraph are graduate students, academics, and policy specialists,
who are focused on policy innovation related to--
``(A) defense nuclear nonproliferation;
``(B) arms control;
``(C) nuclear deterrence;
``(D) the study of foreign nuclear programs;
``(E) nuclear security; or
``(F) educating and training the next generation of defense
nuclear policy experts.''.
SEC. 3114. DEFENSE ENVIRONMENTAL CLEANUP PROGRAMS.
(a) Establishment of Programs.--Subtitle A of title XLIV of the
Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by
inserting after section 4406 the following new section (and conforming
the table of contents at the beginning of such Act accordingly):
``SEC. 4406A. OTHER PROGRAMS RELATING TO TECHNOLOGY DEVELOPMENT.
``(a) Incremental Technology Development Program.--
``(1) Establishment.--The Secretary may establish a program, to
be known as the `Incremental Technology Development Program', to
improve the efficiency and effectiveness of the defense
environmental cleanup processes of the Office.
``(2) Focus.--
``(A) Improvements.--In carrying out the Incremental
Technology Development Program, the Secretary shall focus on
the continuous improvement of new or available technologies,
including--
``(i) decontamination chemicals and techniques;
``(ii) remote sensing and wireless communication to
reduce manpower and laboratory efforts;
``(iii) detection, assay, and certification
instrumentation; and
``(iv) packaging materials, methods, and shipping
systems.
``(B) Other areas.--The Secretary may include in the
Incremental Technology Development Program mission-relevant
development, demonstration, and deployment activities unrelated
to the focus areas described in subparagraph (A).
``(3) Use of new and emerging technologies.--
``(A) Development and demonstration.--In carrying out the
Incremental Technology Development Program, the Secretary shall
ensure that site offices of the Office conduct technology
development, demonstration, testing, permitting, and deployment
of new and emerging technologies to establish a sound technical
basis for the selection of technologies for defense
environmental cleanup or infrastructure operations.
``(B) Collaboration required.--The Secretary shall
collaborate, to the extent practicable, with the heads of other
departments and agencies of the Federal Government, the
National Laboratories, other Federal laboratories, appropriate
State regulators and agencies, and the Department of Labor in
the development, demonstration, testing, permitting, and
deployment of new technologies under the Incremental Technology
Development Program.
``(4) Agreements to carry out projects.--
``(A) Authority.--In carrying out the Incremental
Technology Development Program, the Secretary may enter into
agreements with nongovernmental entities for technology
development, demonstration, testing, permitting, and deployment
projects to improve technologies in accordance with paragraph
(2).
``(B) Selection.--The Secretary shall select projects under
subparagraph (A) through a rigorous process that involves--
``(i) transparent and open competition; and
``(ii) a review process that, if practicable, is
conducted in an independent manner consistent with
Department guidance on selecting and funding public-private
partnerships.
``(C) Cost-sharing.--The Federal share of the costs of the
development, demonstration, testing, permitting, and deployment
of new technologies carried out under this paragraph shall be
not more than 70 percent.
``(D) Briefing.--Not later than 120 days before the date on
which the Secretary enters into the first agreement under
subparagraph (A), the Secretary shall provide to the
congressional defense committees a briefing on the process of
selecting and funding efforts within the Incremental Technology
Development Program, including with respect to the plans of the
Secretary to ensure a scientifically rigorous process that
minimizes potential conflicts of interest.
``(b) High-Impact Technology Development Program.--
``(1) Establishment.--The Secretary shall establish a program,
to be known as the `High-Impact Technology Development Program',
under which the Secretary shall enter into agreements with
nongovernmental entities for projects that pursue technologies
that, with respect to the mission--
``(A) holistically address difficult challenges;
``(B) hold the promise of breakthrough improvements; or
``(C) align existing or in-use technologies with difficult
challenges.
``(2) Areas of focus.--The Secretary may include as areas of
focus for a project carried out under the High-Impact Technology
Development Program the following:
``(A) Developing and demonstrating improved methods for
source and plume characterization and monitoring, with an
emphasis on--
``(i) real-time field acquisition; and
``(ii) the use of indicator species analyses with
advanced contaminant transport models to enable better
understanding of contaminant migration.
``(B) Developing and determining the limits of performance
for remediation technologies and integrated remedial systems
that prevent migration of contaminants, including by producing
associated guidance and design manuals for technologies that
could be widely used across the complex.
``(C) Demonstrating advanced monitoring approaches that use
multiple lines of evidence for monitoring long-term performance
of--
``(i) remediation systems; and
``(ii) noninvasive near-field monitoring techniques.
``(D) Developing and demonstrating methods to characterize
the physical and chemical attributes of waste that control
behavior, with an emphasis on--
``(i) rapid and nondestructive examination and assay
techniques; and
``(ii) methods to determine radio-nuclide, heavy
metals, and organic constituents.
``(E) Demonstrating the technical basis for determining
when enhanced or natural attenuation is an appropriate approach
for remediation of complex sites.
``(F) Developing and demonstrating innovative methods to
achieve real-time and, if practicable, in situ characterization
data for tank waste and process streams that could be useful
for all phases of the waste management program, including
improving the accuracy and representativeness of
characterization data for residual waste in tanks and ancillary
equipment.
``(G) Adapting existing waste treatment technologies or
demonstrating new waste treatment technologies at the pilot
plant scale using real wastes or realistic surrogates--
``(i) to address engineering adaptations;
``(ii) to ensure compliance with waste treatment
standards and other applicable requirements under Federal
and State law and any existing agreements or consent
decrees to which the Department is a party; and
``(iii) to enable successful deployment at full-scale
and in support of operations.
``(H) Developing and demonstrating rapid testing protocols
that--
``(i) are accepted by the Environmental Protection
Agency, the Nuclear Regulatory Commission, the Department,
and the scientific community;
``(ii) can be used to measure long-term waste form
performance under realistic disposal environments;
``(iii) can determine whether a stabilized waste is
suitable for disposal; and
``(iv) reduce the need for extensive, time-consuming,
and costly analyses on every batch of waste prior to
disposal.
``(I) Developing and demonstrating direct stabilization
technologies to provide waste forms for disposing of elemental
mercury.
``(J) Developing and demonstrating innovative and effective
retrieval methods for removal of waste residual materials from
tanks and ancillary equipment, including mobile retrieval
equipment or methods capable of immediately removing waste from
leaking tanks, and connecting pipelines.
``(3) Project selection.--
``(A) Selection.--The Secretary shall select projects to be
carried out under the High-Impact Technology Development
Program through a rigorous process that involves--
``(i) transparent and open competition; and
``(ii) a review process that, if practicable, is
conducted in an independent manner consistent with
Department guidance on selecting and funding public-private
partnerships.
``(B) Briefing.--Not later than 120 days before the date on
which the Secretary enters into the first agreement under
paragraph (1), the Secretary shall provide to the congressional
defense committees a briefing on the process of selecting and
funding efforts within the High-Impact Technology Development
Program, including with respect to the plans of the Secretary
to ensure a scientifically rigorous process that minimizes
potential conflicts of interest.
``(c) Environmental Management University Program.--
``(1) Establishment.--The Secretary shall establish a program,
to be known as the `Environmental Management University Program',
to--
``(A) engage faculty, post-doctoral fellows or researchers,
and graduate students of institutions of higher education on
subjects relating to the mission to show a clear path for
students for employment within the environmental management
enterprise;
``(B) provide institutions of higher education and the
Department access to advances in engineering and science;
``(C) clearly identify to institutions of higher education
the tools necessary to enter into the environmental management
field professionally; and
``(D) encourage current employees of the Department to
pursue advanced degrees.
``(2) Areas of focus.--The Secretary may include as areas of
focus for a grant made under the Environmental Management
University Program the following:
``(A) The atomic- and molecular-scale chemistries of waste
processing.
``(B) Contaminant immobilization in engineered and natural
systems.
``(C) Developing innovative materials, with an emphasis on
nanomaterials or biomaterials, that could enable sequestration
of challenging hazardous or radioactive constituents such as
technetium and iodine.
``(D) Elucidating and exploiting complex speciation and
reactivity far from equilibrium.
``(E) Understanding and controlling chemical and physical
processes at interfaces.
``(F) Harnessing physical and chemical processes to
revolutionize separations.
``(G) Tailoring waste forms for contaminants in harsh
chemical environments.
``(H) Predicting and understanding subsurface system
behavior and response to perturbations.
``(3) Individual research grants.--In carrying out the
Environmental Management University Program, the Secretary may make
individual research grants to faculty, post-doctoral fellows or
researchers, and graduate students of institutions of higher
education for three-year research projects, with an option for an
extension of one additional two-year period.
``(4) Grants for interdisciplinary collaborations.--In carrying
out the Environmental Management University Program, the Secretary
may make research grants for strategic partnerships among
scientists, faculty, post-doctoral fellows or researchers, and
graduate students of institutions of higher education for three-
year research projects.
``(5) Hiring of undergraduates.--In carrying out the
Environmental Management University Program, the Secretary may
establish a summer internship program for undergraduates of
institutions of higher education to work on projects relating to
environmental management.
``(6) Workshops.--In carrying out the Environmental Management
University Program, the Secretary may hold workshops with the
Office of Environmental Management, the Office of Science, and
members of academia and industry concerning environmental
management challenges and solutions.
``(d) Definitions.--In this section:
``(1) The term `complex' means all sites managed in whole or in
part by the Office.
``(2) The term `Department' means the Department of Energy.
``(3) The term `institution of higher education' has the
meaning given the term in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)).
``(4) The term `mission' means the mission of the Office.
``(5) The term `National Laboratory' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(6) The term `Office' means the Office of Environmental
Management of the Department.
``(7) The term `Secretary' means the Secretary of Energy,
acting through the Assistant Secretary for Environmental
Management.''.
(b) Independent Assessment of Defense Environmental Cleanup
Programs.--
(1) Independent assessment.--Not later than one year after the
date of the enactment of this Act, the Chief of Engineers of the
Army shall develop and transmit to the Secretary of Energy and the
congressional defense committees an independent assessment of the
lifecycle costs and schedules of the defense environmental cleanup
programs of the Office of Environmental Management of the
Department of Energy.
(2) Focus of assessment.--The Chief of Engineers shall ensure
that the assessment under paragraph (1) is focused on--
(A) identifying key remaining technical risks and
uncertainties of the defense environmental cleanup programs;
and
(B) providing recommendations to the Secretary and to the
congressional defense committees with respect to the annual
funding levels for the Incremental Technology Development
Program and the High-Impact Technology Development Program
established under section 4406A of the Atomic Energy Defense
Act, as added by subsection (a), that will ensure maximum cost-
savings over the life of the defense environmental cleanup
programs of the Office.
(3) No effect on program implementation.--Nothing in this
subsection affects the establishment, implementation, or carrying
out of any project or program under any other provision of law,
including under section 4406A of the Atomic Energy Defense Act, as
added by subsection (a), or under any existing agreement or consent
decree to which the Department is a party, during the period in
which the assessment under paragraph (1) is carried out.
SEC. 3115. MODIFICATION OF REQUIREMENTS FOR CERTAIN CONSTRUCTION
PROJECTS.
(a) Increase in Minor Construction Threshold for Plant Projects.--
Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is
amended by striking ``$20,000,000'' and inserting ``$25,000,000''.
(b) Notification Requirement for Certain Minor Construction
Projects.--
(1) In general.--Section 4703 of the Atomic Energy Defense Act
(50 U.S.C. 2743) is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Notification Required for Certain Projects.--Notwithstanding
subsection (a), the Secretary may not start a minor construction
project with a total estimated cost of more than $5,000,000 until--
``(1) the Secretary notifies the congressional defense
committees of such project and total estimated cost; and
``(2) a period of 15 days has elapsed after the date on which
such notification is received.''.
(2) Conforming repeal.--Section 3118(c) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 50
U.S.C. 2743 note) is repealed.
(c) Increase in Construction Design Threshold.--Section 4706(b) of
the Atomic Energy Defense Act (50 U.S.C. 2746(b)) is amended by
striking ``$2,000,000'' each place it appears and inserting
``$5,000,000''.
SEC. 3116. UPDATES TO INFRASTRUCTURE MODERNIZATION INITIATIVE.
Section 3111(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 50 U.S.C. 2402 note) is amended--
(1) in paragraph (1), by striking ``reduce the deferred
maintenance and repair needs of the nuclear security enterprise by
not less than 30 percent by 2025'' and inserting ``reduce the total
deferred maintenance per replacement plant value of the nuclear
security enterprise by not less than 45 percent by 2030'';
(2) in paragraph (2)(A)(i)(II), by striking ``$50,000,000'' and
inserting ``$75,000,000'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``Initial plan''
and inserting ``Plan required''; and
(B) in the matter preceding subparagraph (A)--
(i) by striking ``2018'' and inserting ``2022''; and
(ii) by striking ``an initial plan'' and inserting ``a
plan'';
(4) in paragraph (4)--
(A) by striking ``2024'' and inserting ``2023''; and
(B) by striking ``2025'' and inserting ``2030''; and
(5) by adding at the end the following new paragraphs:
``(5) Annual reports.--Not later than March 1, 2023, and
annually thereafter through 2030, the Administrator for Nuclear
Security shall submit to the congressional defense committees a
report with respect to whether the updated plan under paragraph (3)
is being implemented in a manner adequate to achieve the goal
specified in paragraph (1).''.
SEC. 3117. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2021'' and inserting
``September 30, 2026''.
SEC. 3118. EXTENSION OF AUTHORITY FOR ACCEPTANCE OF CONTRIBUTIONS FOR
ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIOLOGICAL
MATERIALS, AND RELATED EQUIPMENT AT VULNERABLE SITES WORLDWIDE.
(a) In General.--Section 3132 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569) is--
(1) transferred to title XLIII of the Atomic Energy Defense Act
(50 U.S.C. 2565 et seq.);
(2) redesignated as section 4306B;
(3) inserted after section 4306A; and
(4) amended, in subsection (f)(6), by striking ``December 31,
2023'' and inserting ``December 31, 2028''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4306A the following new item:
``Sec. 4306B. Acceleration of removal or security of fissile materials,
radiological materials, and related equipment at vulnerable
sites worldwide.''.
SEC. 3119. EXTENSION OF ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY
CHAIN RISK.
Section 4806(g) of the Atomic Energy Defense Act (50 U.S.C.
2786(g)) is amended by striking ``June 30, 2023'' and inserting
``December 31, 2028''.
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR RETIRE
W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2022 for the National Nuclear Security
Administration may be obligated or expended to reconvert or retire a
W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may waive the
prohibition in subsection (a) if the Administrator, in consultation
with the Secretary of Defense, the Director of National Intelligence,
and the Chairman of the Joint Chiefs of Staff, certifies in writing to
the congressional defense committees--
(1) that Russia and China do not possess naval capabilities
similar to the W76-2 warhead in the active stockpiles of the
respective country; or
(2) that the Department of Defense does not have a valid
military requirement for the W76-2 warhead.
SEC. 3121. PORTFOLIO MANAGEMENT FRAMEWORK FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator for Nuclear Security shall--
(1) in consultation with the Nuclear Weapons Council
established under section 179 of title 10, United States Code,
develop and implement a portfolio management framework for the
nuclear security enterprise that--
(A) defines the National Nuclear Security Administration's
portfolio of nuclear weapons stockpile and infrastructure
maintenance and modernization programs;
(B) establishes a portfolio governance structure, including
portfolio-level selection criteria, prioritization criteria,
and performance metrics;
(C) outlines the approach of the National Nuclear Security
Administration to managing that portfolio; and
(D) incorporates the leading practices identified by the
Comptroller General of the United States in the report titled
``Nuclear Security Enterprise: NNSA Should Use Portfolio
Management Leading Practices to Support Modernization Efforts''
(GAO-21-398) and dated June 2021; and
(2) complete an integrated, comprehensive assessment of the
portfolio management capabilities required to execute the weapons
activities portfolio of the National Nuclear Security
Administration.
(b) Briefing Requirement.--Not later than June 1, 2022, the
Administrator shall provide to the congressional defense committees a
briefing on--
(1) the progress of the Administrator in developing the
framework described in paragraph (1) of subsection (a) and
completing the assessment required by paragraph (2) of that
subsection; and
(2) the plans of the Administrator for implementing the
recommendations of the Comptroller General in the report referred
to in paragraph (1)(D) of that subsection.
(c) Nuclear Security Enterprise Defined.--In this section, the term
``nuclear security enterprise'' has the meaning given that term in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
Subtitle C--Reports and Other Matters
SEC. 3131. MODIFICATIONS TO CERTAIN REPORTING REQUIREMENTS.
(a) Notification of Employee Practices Affecting National
Security.--Section 3245 of the National Nuclear Security Administration
Act (50 U.S.C. 2443) is amended by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) Annual Notification of Security Clearance Revocations.--At or
about the time that the President's budget is submitted to Congress
under section 1105(a) of title 31, United States Code, the
Administrator shall notify the appropriate congressional committees
of--
``(1) the number of covered employees whose security clearance
was revoked during the year prior to the year in which the
notification is made; and
``(2) for each employee counted under paragraph (1), the length
of time such employee has been employed at the Administration, as
the case may be, since such revocation.
``(b) Annual Notification of Terminations and Removals.--Not later
than December 31 of each year, the Administrator shall notify the
appropriate congressional committees of each instance in which the
Administrator terminated the employment of a covered employee or
removed and reassigned a covered employee for cause during that
year.''.
(b) Reports on Certain Transfers of Civil Nuclear Technology.--
Section 3136(a) of the National Defense Authorization Act for Fiscal
Year 2016 (42 U.S.C. 2077a(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``Not
less frequently than every 90 days,'' and inserting ``At the same
time as the President submits to Congress the annual budget request
under section 1105 of title 31, United States Code, for a fiscal
year,'';
(2) in paragraph (1), by striking ``the preceding 90 days'' and
inserting ``the preceding year''; and
(3) in the heading, by striking ``Report'' and inserting
``Annual Reports''.
(c) Certain Annual Reviews by Nuclear Science Advisory Committee.--
Section 3173(a)(4)(B) of the National Defense Authorization Act for
Fiscal Year 2013 (42 U.S.C. 2065(a)(4)(B)) is amended by striking
``annual reviews'' and inserting ``triennial reviews''.
SEC. 3132. MODIFICATION TO TERMINOLOGY FOR REPORTS ON FINANCIAL
BALANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES.
Section 4732 of the Atomic Energy Defense Act (50 U.S.C. 2772) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``committed'' and
inserting ``encumbered'';
(B) in subparagraph (H), by striking ``uncommitted'' and
inserting ``unencumbered''; and
(C) in subparagraph (I), by striking ``uncommitted'' and
inserting ``unencumbered''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (3);
(B) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (3), respectively;
(C) in paragraph (1), as redesignated by subparagraph (B),
by striking ``by the contractor'' and inserting ``from the
contractor'';
(D) by inserting after paragraph (1), as so redesignated,
the following new paragraph (2):
``(2) Encumbered.--The term `encumbered', with respect to
funds, means the funds have been obligated to a contract and are
being held for a specific known purpose by the contractor.'';
(E) in paragraph (3), as so redesignated, by striking ``by
the contractor'' and inserting ``from the contractor''; and
(F) by inserting after paragraph (3), as so redesignated,
the following new paragraph (4):
``(4) Unencumbered.--The term `unencumbered', with respect to
funds, means the funds have been obligated to a contract and are
not being held for a specific known purpose by the contractor.''.
SEC. 3133. IMPROVEMENTS TO ANNUAL REPORTS ON CONDITION OF THE UNITED
STATES NUCLEAR WEAPONS STOCKPILE.
Section 4205(e)(3) of the Atomic Energy Defense Act (50 U.S.C.
2525(e)(3)) is amended--
(1) in subparagraph (A), by inserting ``, including with
respect to cyber assurance,'' after ``methods''; and
(2) in subparagraph (B), by inserting ``, and the confidence of
the head in such tools and methods'' after ``the assessments''.
SEC. 3134. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOPMENT.
Section 4812A of the Atomic Energy Defense Act (50 U.S.C. 2793) is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Plant-directed Research and Development.--
``(1) In general.--The report required by subsection (a) shall
include, with respect to plant-directed research and development,
the following:
``(A) A financial accounting of expenditures for such
research and development, disaggregated by nuclear weapons
production facility.
``(B) A breakdown of the percentage of research and
development conducted by each such facility that is plant-
directed research and development.
``(C) An explanation of how each such facility plans to
increase the availability and utilization of funds for plant-
directed research and development.
``(2) Plant-directed research and development defined.--In this
subsection, the term `plant-directed research and development'
means research and development selected by the director of a
nuclear weapons production facility.''.
SEC. 3135. REPORTS ON RISKS TO AND GAPS IN INDUSTRIAL BASE FOR NUCLEAR
WEAPONS COMPONENTS, SUBSYSTEMS, AND MATERIALS.
Section 3113 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 50 U.S.C.
2512 note) is amended by adding at the end the following new
subsection:
``(e) Reports.--The Administrator, acting through the official
designated under subsection (a), shall submit to the Committees on
Armed Services of the Senate and the House of Representatives,
contemporaneously with each briefing required by subsection (d)(2), a
report--
``(1) identifying actual or potential risks to or specific gaps
in any element of the industrial base that supports the nuclear
weapons components, subsystems, or materials of the National
Nuclear Security Administration;
``(2) describing the actions the Administration is taking to
further assess, characterize, and prioritize such risks and gaps;
``(3) describing mitigating actions, if any, the Administration
has underway or planned to mitigate any such risks or gaps;
``(4) setting forth the anticipated timelines and resources
needed for such mitigating actions; and
``(5) describing the nature of any coordination with or burden
sharing by other departments or agencies of the Federal Government
or the private sector to address such risks and gaps.''.
SEC. 3136. TRANSFER OF BUILDING LOCATED AT 4170 ALLIUM COURT,
SPRINGFIELD, OHIO.
(a) In General.--The National Nuclear Security Administration shall
release all of its reversionary rights without reimbursement to the
building located at 4170 Allium Court, Springfield, Ohio, also known as
the Advanced Technical Intelligence Center for Human Capital
Development, to the Community Improvement Corporation of Clark County
and the Chamber of Commerce.
(b) Fee Simple Interest.--The fee simple interest in the property,
on which the building described in subsection (a) is located, shall be
transferred from the Advanced Technical Intelligence Center for Human
Capital Development to the Community Improvement Corporation of Clark
County prior to or concurrent with the release of the reversionary
rights of the National Nuclear Security Administration under subsection
(a).
SEC. 3137. COMPREHENSIVE STRATEGY FOR TREATING, STORING, AND DISPOSING
OF DEFENSE NUCLEAR WASTE RESULTING FROM STOCKPILE MAINTENANCE AND
MODERNIZATION ACTIVITIES.
(a) In General.--Not later than one year after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2022, the Administrator for Nuclear Security shall submit to the
congressional defense committees and the Comptroller General of the
United States a comprehensive strategy for treating, storing, and
disposing of defense nuclear waste generated as a result of stockpile
maintenance and modernization activities.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) A projection of the location, type, and quantity of defense
nuclear waste the National Nuclear Security Administration
anticipates generating as a result of stockpile maintenance and
modernization activities during the periods of five and 10 fiscal
years after the submission of the strategy, with a long-term
outlook for the period of 25 fiscal years after such submission.
(2) Budgetary estimates associated with the projection under
paragraph (1) during the period of five fiscal years after the
submission of the strategy.
(3) A description of how the National Nuclear Security
Administration plans to coordinate with the Office of Environmental
Management of the Department of Energy to treat, store, and dispose
of the type and quantity of waste projected to be generated under
paragraph (1).
(4) An identification of--
(A) disposal facilities that could accept that waste;
(B) disposal facilities that could accept that waste with
modifications; and
(C) in the case of facilities described in subparagraph
(B), the modifications necessary for such facilities to accept
that waste.
(c) Follow-on Strategy.--Concurrent with the submission of the
budget of the President to Congress under section 1105(a) of title 31,
United States Code, for fiscal year 2027, the Administrator shall
submit to the congressional defense committees a follow-on strategy to
the strategy required by subsection (a) that includes--
(1) the elements set forth in subsection (b); and
(2) any other matters that the Administrator considers
appropriate.
SEC. 3138. ACQUISITION OF HIGH-PERFORMANCE COMPUTING CAPABILITIES BY
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Roadmap for Acquisition.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
submit to the congressional defense committees a roadmap for the
acquisition by the Administration of high-performance computing
capabilities during the 10-year period following submission of the
roadmap.
(2) Elements.--The roadmap required by paragraph (1) shall
include the following:
(A) A description of the high-performance computing
capabilities required to support the mission of the
Administration as of the date on which the roadmap is submitted
under paragraph (1).
(B) An identification of any existing or anticipated gaps
in such capabilities.
(C) A description of the high-performance computing
capabilities anticipated to be required by the Administration
during the 10-year period following submission of the roadmap,
including computational performance and other requirements, as
appropriate.
(D) A description of the strategy of the Administration for
acquiring such capabilities.
(E) An assessment of the ability of the industrial base to
support that strategy.
(F) Such other matters the Administrator considers
appropriate.
(3) Consultation and considerations.--In developing the roadmap
required by paragraph (1), the Administrator shall--
(A) consult with the Secretary of Energy; and
(B) take into consideration the findings of the review of
the future of computing beyond exascale computing conducted by
the National Academy of Sciences under section 3172 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
(b) Independent Assessment of High-performance Computing
Acquisitions.--
(1) In general.--The Administrator shall seek to enter into an
agreement with a federally funded research and development center
to assess the first acquisition of high-performance computing
capabilities by the Administration after the date of the enactment
of this Act.
(2) Elements.--The assessment required by paragraph (1) of the
acquisition of high-performance computing capabilities described in
that paragraph shall include an assessment of the following:
(A) The mission needs of the Administration met by the
acquisition.
(B) The evidence used to support the acquisition decision,
such as an analysis of alternatives or business case analyses.
(C) Market research performed by the Advanced Simulation
and Computing Program related to the acquisition.
(3) Report required.--
(A) In general.--Not later than 90 days after entering into
the arrangement under paragraph (1), the Administrator shall
submit to the congressional defense committees a report on the
assessment conducted under paragraph (1).
(B) Form of report.--The report required by subparagraph
(A) shall be submitted in unclassified form but may include a
classified annex.
SEC. 3139. STUDY ON THE W80-4 NUCLEAR WARHEAD LIFE EXTENSION PROGRAM.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Director for Cost Estimation and Program Evaluation
shall initiate a study on the W80-4 nuclear warhead life extension
program.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An explanation of any increases in actual or projected
costs of the W80-4 nuclear warhead life extension program.
(2) An analysis of projections of total program costs and
planned program schedules.
(3) An analysis of the potential impacts on other programs as a
result of additional funding required to maintain the planned
program schedule for the W80-4 nuclear warhead life extension
program, including with respect to--
(A) other life-extension programs;
(B) infrastructure programs; and
(C) research, development, test, and evaluation programs.
(4) An analysis of the impacts that a delay of the program will
have on other programs due to--
(A) technical or management challenges; and
(B) changes in requirements for the program.
(c) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
defense committees the study under subsection (a).
(d) Form.--The study under subsection (a) shall be in unclassified
form, but may include a classified annex.
SEC. 3140. STUDY ON RUNIT DOME AND RELATED HAZARDS.
(a) Study.--Not later than 60 days after the date of enactment of
this Act, the Secretary of Energy shall seek to enter into an agreement
with a federally funded research and development center to conduct a
study on the impacts of climate change on the ``Runit Dome'' nuclear
waste disposal site in Enewetak Atoll, Marshall Islands, and on other
environmental hazards due to nuclear weapons testing in the vicinity
thereof. The report shall include a scientific analysis of threats to
the environment and to the residents of Enewetak Atoll, including--
(1) the ``Runit Dome'' nuclear waste disposal site;
(2) crypts used to contain nuclear waste and other toxins on
Enewetak Atoll; and
(3) radionuclides and other toxins present in the lagoon of
Enewetak Atoll.
(b) Public Comments.--In conducting the study under subsection (a),
the federally funded research and development center shall solicit
public comments.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the study conducted under
subsection (a).
SEC. 3141. SENSE OF CONGRESS REGARDING COMPENSATION OF INDIVIDUALS
RELATING TO URANIUM MINING AND NUCLEAR TESTING.
(a) Findings.--Congress makes the following findings:
(1) The Radiation Exposure Compensation Act (Public Law 101-
426; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary
compensation to individuals who contracted certain cancers and
other serious diseases following their exposure to radiation
released during atmospheric nuclear weapons testing during the Cold
War or following exposure to radiation as a result of employment in
the uranium industry during the Cold War.
(2) The Radiation Exposure Compensation Act expires on July 9,
2022. Unless that Act is extended, individuals who contract certain
cancers and other serious diseases because of events described in
paragraph (1) may be unable to claim compensation for such
diseases.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should continue to appropriately compensate and
recognize the individuals described in subsection (a).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. References to Chairperson and Vice Chairperson of Defense
Nuclear Facilities Safety Board.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2022,
$31,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. REFERENCES TO CHAIRPERSON AND VICE CHAIRPERSON OF DEFENSE
NUCLEAR FACILITIES SAFETY BOARD.
Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et
seq.) is amended--
(1) in section 311(c), in the subsection heading, by striking
``Chairman, Vice Chairman'' and inserting ``Chairperson, Vice
Chairperson''; and
(2) by striking ``Chairman'' each place it appears and
inserting ``Chairperson''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME SECURITY
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Subtitle B--Other Matters
Sec. 3511. Effective period for issuance of documentation for
recreational vessels.
Sec. 3512. Committees on maritime matters.
Sec. 3513. Port Infrastructure Development Program.
Sec. 3514. Uses of emerging marine technologies and practices.
Sec. 3515. Prohibition on participation of long term charters in Tanker
Security Fleet.
Sec. 3516. Coastwise endorsement.
Sec. 3517. Report on efforts of combatant commands to combat threats
posed by illegal, unreported, and unregulated fishing.
Sec. 3518. Authorization to purchase duplicate medals.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to the
Department of Transportation for fiscal year 2022 for programs
associated with maintaining the United States merchant marine, the
following amounts:
(1) For expenses necessary for operations of the United States
Merchant Marine Academy, $90,532,000, of which--
(A) $85,032,000 shall be for Academy operations, which may
be used to hire personnel pursuant to subsection (d) and to
implement any recommendations of the Merchant Marine Academy
Advisory Council established under subsection (c); and
(B) $5,500,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,780,000, of which--
(A) $2,400,000 is for the Student Incentive Program;
(B) $6,000,000 is for direct payments;
(C) $3,800,000 is for training ship fuel assistance;
(D) $8,080,000 is for offsetting the costs of training ship
sharing; and
(E) $30,500,000 is for maintenance and repair of State
maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $315,600,000.
(4) For expenses necessary to support Maritime Administration
operations and programs, $60,853,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000.
(6) For expenses necessary to maintain and preserve a United
States flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide for the Tanker Security
Fleet, as authorized under chapter 534 of title 46, United States
Code, $60,000,000.
(9) For expenses necessary to support maritime environmental
and technical assistance activities authorized under section 50307
of title 46, United States Code, $10,000,000.
(10) For expenses necessary to support marine highway program
activities authorized under chapter 556 of such title, $11,000,000.
(11) For expenses necessary to provide assistance to small
shipyards and for the maritime training program authorized under
section 54101 of title 46, United States Code, $40,000,000.
(12) For expenses necessary to implement the Port and
Intermodal Improvement Program, $750,000,000, to remain available
until expended, except that no such funds may be used to provide a
grant to purchase fully automated cargo handling equipment that is
remotely operated or remotely monitored with or without the
exercise of human intervention or control, if the Secretary
determines such equipment would result in a net loss of jobs within
a port of port terminal.
(b) Availability of Amounts.--The amounts authorized to be
appropriated under subsection (a) shall remain available as follows:
(1) The amounts authorized to be appropriated under paragraphs
(1)(A), (2)(A), and (4)(A) shall remain available until September
30, 2022.
(2) The amounts authorized to be appropriated under paragraphs
(1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), (8),
and (9) shall remain available until expended without fiscal year
limitation.
(c) United States Merchant Marine Academy Advisory Council;
Unfilled Vacancies.--
(1) In general.--Chapter 513 of title 46, United States Code,
is amended by adding at the end the following new sections:
``Sec. 51323. United States Merchant Marine Academy Advisory Council
``(a) Establishment.--The Secretary of Transportation shall
establish an advisory council, to be known as the `United States
Merchant Marine Academy Advisory Council' (in this section referred to
as the `Council').
``(b) Membership.--
``(1) In general.--The Secretary shall select not fewer than 8
and not more than 14 individuals to serve as members of the
Council. Such individuals shall have such expertise as the
Secretary determines necessary and appropriate for providing advice
and guidance on improving the Academy.
``(2) Governmental experts.--The number of members of the
Council who are employees of the Federal Government may not exceed
the number of members of the Council who are not employees of the
Federal Government.
``(3) Employee status.--Members of the Council shall not be
considered employees of the United States Government by reason of
their membership on the Council for any purpose and shall not
receive compensation other than reimbursement of travel expenses
and per diem allowance in accordance with section 5703 of title 5.
``(c) Responsibilities.--The Council shall provide advice to the
Secretary at the time and in the manner requested by the Secretary.
``(d) Personally Identifiable Information.--In carrying out its
responsibilities under this subsection, the Council shall comply with
the obligations of the Department of Transportation to protect
personally identifiable information.
``Sec. 51324. Unfilled vacancies
``(a) In General.--In the event of an unfilled vacancy for any
critical position at the United States Merchant Marine Academy, the
Secretary of Transportation may appoint, without regard to the
provisions of subchapter I of chapter 33 of title 5, other than
sections 3303 and 3328 of that title, a qualified candidate for the
purposes of filling up to 20 of such positions.
``(b) Critical Position Defined.--In this section, the term
`critical position' means a position that contributes to the
improvement of--
``(1) the culture or infrastructure of the Academy;
``(2) student health and well being;
``(3) Academy governance; or
``(4) any other priority areas identified by the Council.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
items:
``51323. United States Merchant Marine Academy Advisory Council.
``51324. Unfilled vacancies.''.
Subtitle B--Other Matters
SEC. 3511. EFFECTIVE PERIOD FOR ISSUANCE OF DOCUMENTATION FOR
RECREATIONAL VESSELS.
Section 12105(e)(2) of title 46, United States Code, is amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--The owner or operator of a recreational
vessel may choose a period of effectiveness of between 1 and 5
years for a certificate of documentation for a recreational
vessel or the renewal thereof.''; and
(2) by redesignating subparagraph (C) as subparagraph (B).
SEC. 3512. COMMITTEES ON MARITIME MATTERS.
(a) In General.--
(1) Chapter 555 of title 46, United States Code, is
redesignated as chapter 504 of such title and transferred to appear
after chapter 503 of such title.
(2) Chapter 504 of such title, as redesignated by paragraph
(1), is amended in the chapter heading by striking
``MISCELLANEOUS'' and inserting ``COMMITTEES''.
(3) Sections 55501 and 55502 of such title are redesignated as
section 50401 and section 50402, respectively, of such title and
transferred to appear in chapter 504 of such title (as redesignated
by paragraph (1)).
(4) The section heading for section 50401 of such title, as
redesignated by paragraph (3), is amended to read as follows:
``united states committee on the marine transportation system''.
(b) Conforming Amendment.--Section 8332(b)(1) of the Elijah E.
Cummings Coast Guard Authorization Act of 2020 (division G of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283)) is amended by striking ``section
55502'' and inserting ``section 50402''.
(c) Clerical Amendments.--
(1) The analysis for chapter 504 of title 46, United States
Code, as redesignated by subsection (a)(1), is amended to read as
follows:
``Chapter 504--Committees
``Sec.
``50401. United States Committee on the Marine Transportation System.
``50402. Maritime Transportation System National Advisory Committee.''.
(2) The table of chapters for subtitle V of title 46, United
States Code, is amended--
(A) by inserting after the item relating to chapter 503 the
following:
``504. Committees...........................................50401''; and
(B) by striking the item relating to chapter 555.
SEC. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.
(a) In General.--
(1) Part C of subtitle V of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 543--PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
``Sec.
``54301. Port infrastructure development program.
``Sec. 54301. Port infrastructure development program''.
(2) Subsections (c), (d), and (e) of section 50302 of such
title are redesignated as subsections (a), (b), and (c) of section
54301 of such title, respectively, and transferred to appear in
chapter 543 of such title (as added by paragraph (1)).
(b) Amendments to Section 54301.--Section 54301 of such title, as
redesignated by subsection (a)(2), is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``or subsection (d)'' and
inserting ``or subsection (b)'';
(B) in paragraph (3)(A)(ii)--
(i) in subclause (II) by striking ``; or'' and
inserting a semicolon;
(ii) by striking subclause (III); and
(iii) by adding at the end the following:
``(III) operational improvements, including
projects to improve port resilience; or
``(IV) environmental and emission mitigation
measures; including projects for--
``(aa) port electrification or electrification
master planning;
``(bb) harbor craft or equipment replacements
or retrofits;
``(cc) development of port or terminal
microgrids;
``(dd) providing idling reduction
infrastructure;
``(ee) purchase of cargo handling equipment and
related infrastructure;
``(ff) worker training to support
electrification technology;
``(gg) installation of port bunkering
facilities from oceangoing vessels for fuels;
``(hh) electric vehicle charge or hydrogen
refueling infrastructure for drayage and medium or
heavy duty trucks and locomotives that service the
port and related grid upgrades; or
``(ii) other related port activities, including
charging infrastructure, electric rubber-tired
gantry cranes, and anti-idling technologies.'';
(C) in paragraph (5)--
(i) in subparagraph (A) by striking ``or subsection
(d)'' and inserting ``or subsection (b)''; and
(ii) in subparagraph (B) by striking ``subsection (d)''
and inserting ``subsection (b)'';
(D) in paragraph (6)(B)--
(i) in clause (i) by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) a port's increased resilience as a result of
the project.'';
(E) in paragraph (7)--
(i) in subparagraph (B)--
(I) by striking ``subsection (d)'' in each place it
appears and inserting ``subsection (b)''; and
(II) by striking ``18 percent'' and inserting ``25
percent'';
(ii) in subparagraph (C) by striking ``subsection
(d)(3)(A)(ii)(III)'' and inserting ``subsection
(b)(3)(A)(ii)(III)'';
(F) in paragraph (8)--
(i) in subparagraph (A) by striking ``or subsection
(d)'' and inserting ``or subsection (b)''; and
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``subsection (d)''
and inserting ``subsection (b)''; and
(II) in clause (ii) by striking ``subsection (d)''
and inserting ``subsection (b)'';
(G) in paragraph (9) by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(H) in paragraph (10)--
(i) in subparagraph (A), by striking ``subsection (d)''
and inserting ``subsection (b)'';
(ii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(iii) by inserting after subparagraph (A) the following
new subparagraph (B):
``(B) Efficient use of non-federal funds.--
``(i) In general.--Notwithstanding any other provision
of law ans subject to approval by the Secretary, in the
case of any grant for a project under this section, during
the period beginning on the date on which the grant
recipient is selected and ending on the date on which the
grant agreement is signed--
``(I) the grant recipient may obligate and expend
non-Federal funds with respect to the project for which
the grant is provided; and
``(II) any non-Federal funds obligated or expended
in accordance with subclause (I) shall be credited
toward the non-Federal cost share for the project for
which the grant is provided.
``(ii) Requirements.--
``(I) Application.--In order to obligate and expend
non-Federal funds under clause (i), the grant recipient
shall submit to the Secretary a request to obligate and
expend non- Federal funds under that clause,
including--
``(aa) a description of the activities the
grant recipient intends to fund;
``(bb) a justification for advancing the
activities described in item (aa), including an
assessment of the effects to the project scope,
schedule, and budget if the request is not
approved; and
``(cc) the level of risk of the activities
described in item (aa).
``(II) Approval.--The Secretary shall approve or
disapprove each request submitted under subclause (I).
``(III) Compliance with applicable requirements.--
Any obligation or expenditure of non-Federal funds
under clause (i) shall be in compliance with all
applicable requirements, including any requirements
included in the grant agreement.
``(iii) Effect.--The obligation or expenditure of any
non-Federal funds in accordance with this subparagraph
shall not--
``(I) affect the signing of a grant agreement or
other applicable grant procedures with respect to the
applicable grant;
``(II) create an obligation on the part of the
Federal Government to repay any non-Federal funds if
the grant agreement is not signed; or
``(III) affect the ability of the recipient of the
grant to obligate or expend non-Federal funds to meet
the non-Federal cost share for the project for which
the grant is provided after the period described in
clause (i).''; and
(I) in paragraph (12)--
(i) by striking ``subsection (d)'' and inserting
``subsection (b)''; and
(ii) by adding at the end the following:
``(D) Resilience.--The term `resilience' means the ability
to anticipate, prepare for, adapt to, withstand, respond to,
and recover from operational disruptions and sustain critical
operations at ports, including disruptions caused by natural or
manmade hazards, such as sea level rise, flooding, earthquakes,
hurricanes, tsunami inundation or other extreme weather
events.'';
(2) in subsection (b)--
(A) in the subsection heading by striking ``Inland'' and
inserting ``Inland River'';
(B) in paragraph (1) by striking ``subsection (c)(7)(B)''
and inserting ``subsection (a)(7)(B)'';
(C) in paragraph (3)(A)(ii)(III) by striking ``subsection
(c)(3)(B)'' and inserting ``subsection (a)(3)(B)''; and
(D) in paragraph (5)(A) by striking ``subsection
(c)(8)(B)'' and inserting ``subsection (a)(8)(B)''; and
(3) in subsection (c)--
(A) by striking ``subsection (c) or subsection (d)'' and
inserting ``subsection (a) or subsection (b)''; and
(B) by striking ``subsection (c)(2)'' and inserting
``subsection (a)(2)''.
(c) Grants for Emission Mitigation Measures.--For fiscal year 2022,
the Secretary may make grants under section 54301(a) of title 46,
United States Code, as redesignated by subsection (a)(2) and amended by
subsection (b), to provide for emission mitigation measures that
provide for the use of shore power for vessels to which sections 3507
and 3508 of such title apply, if such grants meet the other
requirements set out in such section 54301(a).
(d) Clerical Amendments.--The table of chapters for subtitle V of
title 46, United States Code, as amended by this title, is further
amended by inserting after the item relating to chapter 541 the
following:
``543. Port Infrastructure Development Program..................54301''.
SEC. 3514. USES OF EMERGING MARINE TECHNOLOGIES AND PRACTICES.
Section 50307 of title 46, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Uses.--The results of activities conducted under subsection
(b)(1) shall be used to inform--
``(1) the policy decisions of the United States related to
domestic regulations; and
``(2) the position of the United States on matters before the
International Maritime Organization.''.
SEC. 3515. PROHIBITION ON PARTICIPATION OF LONG TERM CHARTERS IN TANKER
SECURITY FLEET.
(a) Definition of Long Term Charter.--Section 53401 of title 46,
United States Code, is amended by adding at the end the following new
paragraph:
``(8) Long term charter.--The term `long term charter' means
any time charter of a product tank vessel to the United States
Government that, together with options, occurs for a continuous
period of more than 180 days.''.
(b) Participation of Long Term Charters in Tanker Security Fleet.--
Section 53404(b) of such title is amended--
(1) by striking ``The program participant of a'' and inserting
``Any'';
(2) by inserting ``long term'' before ``charter'';
(3) by inserting ``not'' before ``eligible''; and
(4) by striking ``receive payments pursuant to any operating
agreement that covers such vessel'' and inserting ``participate in
the Fleet''.
SEC. 3516. COASTWISE ENDORSEMENT.
Notwithstanding section 12112 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is operating may
issue a certificate of documentation with a coastwise endorsement for
the vessel WIDGEON (United States official number 1299656).
SEC. 3517. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COMBAT THREATS
POSED BY ILLEGAL, UNREPORTED, AND UNREGULATED FISHING.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy, in consultation with
the Director of the Office of Naval Research, the co-chairs of the
collaborative interagency working group on maritime security and IUU
fishing established under section 3551 of the Maritime Security and
Fisheries Enforcement Act (16 U.S.C. 8031), and the heads of other
relevant agencies, as determined by the Secretary, shall submit to the
appropriate congressional committees a report on the combatant
commands' maritime domain awareness efforts to combat the threats posed
by illegal, unreported, and unregulated fishing.
(b) Contents of Report.--The report required by subsection (a)
shall include a detailed summary of each of the following for each
combatant command:
(1) The activities undertaken to date to combat the threats
posed by illegal, unreported, and unregulated fishing in the
geographic area of the combatant command, including the steps taken
to build partner capacity to combat such threats.
(2) Coordination with the Armed Forces of the United States,
partner nations, and public-private partnerships to combat such
threats.
(3) Efforts undertaken to support unclassified data
integration, analysis, and delivery with regional partners to
combat such threats.
(4) Information sharing and coordination with efforts of the
collaborative interagency working group on maritime security and
IUU fishing established under section 3551 of the Maritime Security
and Fisheries Enforcement Act (16 U.S.C. 8031).
(5) Best practices and lessons learned from existing and
previous efforts relating to such threats, including strategies for
coordination and success in public-private partnerships.
(6) Limitations related to affordability, resource constraints,
or other gaps or factors that affect the success or expansion of
efforts related to such threats.
(7) Any new authorities needed to support efforts to combat
such threats.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, the Committee on Foreign Relations,
and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Natural
Resources, the Committee on Transportation and Infrastructure, the
Committee on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 3518. AUTHORIZATION TO PURCHASE DUPLICATE MEDALS.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Maritime Administration, may use funds
appropriated for the fiscal year in which the date of the enactment of
this Act occurs, or funds appropriated for any prior fiscal year, for
the Maritime Administration to purchase duplicate medals authorized
under the Merchant Mariners of World War II Congressional Gold Medal
Act of 2020 (Public Law 116-125) and provide such medals to eligible
individuals who engaged in qualified service who submit an application
under subsection (b) and were United States merchant mariners of World
War II.
(b) Application.--To be eligible to receive a medal described in
subsection (a), an eligible individual who engaged in qualified service
shall submit to the Administrator an application containing such
information and assurances as the Administrator may require.
(c) Eligible Individual Who Engaged in Qualified Service.--In this
section, the term ``eligible individual who engaged in qualified
service'' means an individual who, between December 7, 1941, and
December 31, 1946--
(1) was a member of the United States merchant marine,
including the Army Transport Service and the Navy Transport
Service, serving as a crewmember of a vessel that was--
(A) operated by the War Shipping Administration, the Office
of Defense Transportation, or an agent of such departments;
(B) operated in waters other than inland waters, the Great
Lakes, and other lakes, bays, or harbors of the United States;
(C) under contract or charter to, or property of, the
Government of the United States; and
(D) serving in the Armed Forces; and
(2) while so serving, was licensed or otherwise documented for
service as a crewmember of such a vessel by an officer or employee
of the United States authorized to license or document the person
for such service.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--
(1) In general.--A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar amount
authorized pursuant to subsection (a) shall--
(A) except as provided in paragraph (2), be based on merit-
based selection procedures in accordance with the requirements
of sections 2304(k) and 2374 of title 10, United States Code,
or on competitive procedures; and
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a decision
to commit, obligate, or expend funds on the basis of a dollar
amount authorized pursuant to subsection (a) if the project,
program, or activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding through the
inclusion of the abbreviation ``CPF'' immediately before the
name of the project, program, or activity.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 20,000
Program increase-- [20,000]
fixed wing avionics
upgrade.
004 SMALL UNMANNED 16,005 16,005
AIRCRAFT SYSTEM.
ROTARY
007 AH-64 APACHE BLOCK 504,136 494,136
IIIA REMAN.
Unit cost growth..... [-10,000]
008 AH-64 APACHE BLOCK 192,230 192,230
IIIA REMAN.
010 UH-60 BLACKHAWK M 630,263 841,763
MODEL (MYP).
UH-60 Black Hawk for [211,500]
Army Guard.
011 UH-60 BLACKHAWK M 146,068 146,068
MODEL (MYP).
012 UH-60 BLACK HAWK L 166,205 166,205
AND V MODELS.
013 CH-47 HELICOPTER..... 145,218 397,218
Army UFR--Support [252,000]
minimum sustainment
rate.
014 CH-47 HELICOPTER AP.. 18,559 47,559
Program increase--F [29,000]
Block II.
MODIFICATION OF
AIRCRAFT
017 GRAY EAGLE MODS2..... 3,143 33,143
Program increase-- [30,000]
recapitalization of
legacy MQ-1C to
extended range MDO
configuration.
018 MULTI SENSOR ABN 127,665 122,910
RECON.
Unjustified cost-- [-4,755]
spares.
019 AH-64 MODS........... 118,560 118,560
020 CH-47 CARGO 9,918 11,918
HELICOPTER MODS
(MYP).
Program increase-- [2,000]
improved vibration
control.
021 GRCS SEMA MODS....... 2,762 2,762
022 ARL SEMA MODS........ 9,437 9,437
023 EMARSS SEMA MODS..... 1,568 1,568
024 UTILITY/CARGO 8,530 8,530
AIRPLANE MODS.
025 UTILITY HELICOPTER 15,826 40,826
MODS.
UH-72 modernization.. [25,000]
026 NETWORK AND MISSION 29,206 29,206
PLAN.
027 COMMS, NAV 58,117 58,117
SURVEILLANCE.
029 AVIATION ASSURED PNT. 47,028 45,862
Excess to need....... [-1,166]
030 GATM ROLLUP.......... 16,776 16,776
032 UAS MODS............. 3,840 3,840
GROUND SUPPORT
AVIONICS
033 AIRCRAFT 64,561 64,561
SURVIVABILITY
EQUIPMENT.
034 SURVIVABILITY CM..... 5,104 5,104
035 CMWS................. 148,570 148,570
036 COMMON INFRARED 240,412 238,012
COUNTERMEASURES
(CIRCM).
Training support cost [-2,400]
growth.
OTHER SUPPORT
038 COMMON GROUND 13,561 13,561
EQUIPMENT.
039 AIRCREW INTEGRATED 41,425 41,425
SYSTEMS.
040 AIR TRAFFIC CONTROL.. 21,759 21,759
TOTAL AIRCRAFT 2,806,452 3,357,631
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 LOWER TIER AIR AND 35,473 35,473
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 331,575 331,575
004 MSE MISSILE.......... 776,696 776,696
005 PRECISION STRIKE 166,130 166,130
MISSILE (PRSM).
006 INDIRECT FIRE 25,253 20,253
PROTECTION
CAPABILITY INC 2-I.
Maintain level of [-5,000]
effort.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 118,800 115,800
Unit cost growth..... [-3,000]
008 JOINT AIR-TO-GROUND 152,177 214,177
MSLS (JAGM).
Army UFR--Additional [67,000]
JAGM procurement.
Unit cost growth..... [-5,000]
009 LONG RANGE PRECISION 44,744 44,744
MUNITION.
ANTI-TANK/ASSAULT
MISSILE SYS
010 JAVELIN (AAWS-M) 120,842 125,842
SYSTEM SUMMARY.
Army UFR--Light [5,000]
Weight Command
Launch Units.
011 TOW 2 SYSTEM SUMMARY. 104,412 102,412
Excess to need....... [-2,000]
012 GUIDED MLRS ROCKET 935,917 968,262
(GMLRS).
Army UFR--Restores [50,000]
GMLRS procurement.
Tooling request [-17,655]
previously funded.
013 MLRS REDUCED RANGE 29,574 29,574
PRACTICE ROCKETS
(RRPR).
014 HIGH MOBILITY 128,438 128,438
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 68,278 68,278
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
017 PATRIOT MODS......... 205,469 205,469
021 AVENGER MODS......... 11,227 11,227
022 ITAS/TOW MODS........ 4,561 4,561
023 MLRS MODS............ 273,856 273,856
024 HIMARS MODIFICATIONS. 7,192 7,192
SPARES AND REPAIR
PARTS
025 SPARES AND REPAIR 5,019 5,019
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
026 AIR DEFENSE TARGETS.. 10,618 10,618
TOTAL MISSILE 3,556,251 3,645,596
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 104,727 104,727
VEHICLE (AMPV).
002 ASSAULT BREACHER 16,454 16,454
VEHICLE (ABV).
003 MOBILE PROTECTED 286,977 286,977
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
005 STRYKER UPGRADE...... 1,005,028 1,120,028
Excess growth........ [-24,000]
Program increase..... [139,000]
006 BRADLEY PROGRAM (MOD) 461,385 538,354
Army UFR--Improved [56,969]
Bradley Acquisition
System upgrade.
Program increase..... [20,000]
007 M109 FOV 2,534 2,534
MODIFICATIONS.
008 PALADIN INTEGRATED 446,430 673,430
MANAGEMENT (PIM).
Army UFR--PIM [227,000]
increase.
009 IMPROVED RECOVERY 52,059 52,059
VEHICLE (M88A2
HERCULES).
010 ASSAULT BRIDGE (MOD). 2,136 2,136
013 JOINT ASSAULT BRIDGE. 110,773 110,773
015 ABRAMS UPGRADE 981,337 1,350,337
PROGRAM.
Army UFR--Abrams ARNG [369,000]
M1A2SEPv3 fielding.
016 VEHICLE PROTECTION 80,286 80,286
SYSTEMS (VPS).
WEAPONS & OTHER
COMBAT VEHICLES
018 MULTI-ROLE ANTI-ARMOR 31,623 31,623
ANTI-PERSONNEL
WEAPON S.
019 MORTAR SYSTEMS....... 37,485 50,338
Army UFR--120mm [12,853]
mortar cannon.
020 XM320 GRENADE 8,666 8,666
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 11,040 10,040
RIFLE.
Unit cost growth..... [-1,000]
023 CARBINE.............. 4,434 4,434
024 NEXT GENERATION SQUAD 97,087 97,087
WEAPON.
026 HANDGUN.............. 4,930 4,930
MOD OF WEAPONS AND
OTHER COMBAT VEH
027 MK-19 GRENADE MACHINE 13,027 13,027
GUN MODS.
028 M777 MODS............ 21,976 23,771
Army UFR--Software [1,795]
Defined Radio-
Hardware Integration
Kits.
030 M2 50 CAL MACHINE GUN 3,612 21,527
MODS.
Army UFR--Additional [17,915]
M2A1s for MATVs.
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 1,068 1,068
(WOCV-WTCV).
037 PRODUCTION BASE 90,819 90,819
SUPPORT (WOCV-WTCV).
TOTAL PROCUREMENT OF 3,875,893 4,695,425
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 47,490 79,890
TYPES.
Army UFR--Enhanced [32,400]
Performance Round
and Tracer.
002 CTG, 7.62MM, ALL 74,870 101,926
TYPES.
Program increase..... [28,473]
Unit cost growth..... [-1,417]
003 NEXT GENERATION SQUAD 76,794 76,794
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 7,812 7,812
TYPES.
005 CTG, .50 CAL, ALL 29,716 58,116
TYPES.
Program increase..... [28,400]
006 CTG, 20MM, ALL TYPES. 4,371 4,371
008 CTG, 30MM, ALL TYPES. 34,511 34,511
009 CTG, 40MM, ALL TYPES. 35,231 46,731
Army UFR--MK19 [14,000]
training and war
reserves.
BA54 and BA55 [-2,500]
uncertainty.
MORTAR AMMUNITION
010 60MM MORTAR, ALL 23,219 23,219
TYPES.
011 81MM MORTAR, ALL 52,135 52,135
TYPES.
012 120MM MORTAR, ALL 104,144 98,944
TYPES.
Unit cost growth..... [-5,200]
TANK AMMUNITION
013 CARTRIDGES, TANK, 224,503 217,603
105MM AND 120MM, ALL
TYPES.
Unit cost growth..... [-6,900]
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 26,709 57,553
75MM & 105MM, ALL
TYPES.
Army UPL............. [30,844]
015 ARTILLERY PROJECTILE, 174,015 174,715
155MM, ALL TYPES.
Army UFR--Additional [5,000]
inventory.
Unit cost growth..... [-4,300]
016 PROJ 155MM EXTENDED 73,498 61,498
RANGE M982.
Unit cost growth..... [-12,000]
017 ARTILLERY 150,873 143,373
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Unit cost growth..... [-7,500]
MINES
018 MINES & CLEARING 25,980 20,980
CHARGES, ALL TYPES.
Excess to need....... [-5,000]
019 CLOSE TERRAIN SHAPING 34,761 34,761
OBSTACLE.
ROCKETS
020 SHOULDER LAUNCHED 24,408 22,408
MUNITIONS, ALL TYPES.
Excess to need....... [-2,000]
021 ROCKET, HYDRA 70, ALL 109,536 117,536
TYPES.
Program increase..... [8,000]
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES... 6,549 6,549
023 DEMOLITION MUNITIONS, 27,904 27,904
ALL TYPES.
024 GRENADES, ALL TYPES.. 37,437 37,437
025 SIGNALS, ALL TYPES... 7,530 7,530
026 SIMULATORS, ALL TYPES 8,350 8,350
027 REACTIVE ARMOR TILES. 17,755 17,755
MISCELLANEOUS
028 AMMO COMPONENTS, ALL 2,784 2,784
TYPES.
029 ITEMS LESS THAN $5 17,797 17,797
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,290 12,290
EQUIPMENT.
031 FIRST DESTINATION 4,331 4,331
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 538,120 642,620
Army UFR--Demolition [40,000]
of Legacy Nitrate
Esters
(Nitroglycerin) NG1
Facility, Radford
Army Ammunition
Plant (RFAAP),
Virginia.
Army UFR-- [40,000]
Environmental,
Safety,
Construction,
Maintenance and
Repair of GOCO
Facilities in VA,
TN, MO, PA, & IA.
Army UFR-- [12,000]
Pyrotechnics
Energetic Capability
(PEC) construction
at Lake City Army
Ammunition Plant
(LCAAP), Missouri.
Army UFR--Solvent [12,500]
Propellant Facility,
Preliminary Design,
Radford Army
Ammunition Plant,
Virginia.
035 CONVENTIONAL 139,410 232,410
MUNITIONS
DEMILITARIZATION.
Program increase..... [93,000]
036 ARMS INITIATIVE...... 3,178 3,178
TOTAL PROCUREMENT OF 2,158,110 2,455,910
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 12,539 18,931
FLATBED:.
Army UFR--M872 [6,392]
semitrailer.
003 SEMITRAILERS, TANKERS 17,985 17,985
004 HI MOB MULTI-PURP 60,706 60,706
WHLD VEH (HMMWV).
005 GROUND MOBILITY 29,807 37,307
VEHICLES (GMV).
Program increase-- [7,500]
infantry squad
vehicle.
008 JOINT LIGHT TACTICAL 574,562 605,562
VEHICLE FAMILY OF
VEHICL.
Army UFR--Additional [120,000]
JLTV fielding.
Early to need........ [-89,000]
009 TRUCK, DUMP, 20T 9,882 19,632
(CCE).
Program increase..... [9,750]
010 FAMILY OF MEDIUM 36,885 61,885
TACTICAL VEH (FMTV).
Program increase..... [25,000]
011 FAMILY OF COLD 16,450 16,450
WEATHER ALL-TERRAIN
VEHICLE.
012 FIRETRUCKS & 26,256 26,256
ASSOCIATED
FIREFIGHTING EQUIP.
013 FAMILY OF HEAVY 64,282 64,282
TACTICAL VEHICLES
(FHTV).
014 PLS ESP.............. 16,943 16,943
015 HVY EXPANDED MOBILE 109,000
TACTICAL TRUCK EXT
SERV.
Program increase..... [109,000]
017 TACTICAL WHEELED 17,957 17,957
VEHICLE PROTECTION
KITS.
018 MODIFICATION OF IN 29,349 212,650
SVC EQUIP.
HMMWV modifications.. [183,301]
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,232 1,232
VEHICLES.
021 NONTACTICAL VEHICLES, 24,246 19,246
OTHER.
Excess carryover..... [-5,000]
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 140,036 142,536
PROGRAM.
Army UFR--Multi- [2,500]
Domain Task Force
All-Domain
Operations Center
cloud pilot.
023 TACTICAL NETWORK 436,524 429,024
TECHNOLOGY MOD IN
SVC.
Excess to need....... [-7,500]
025 DISASTER INCIDENT 3,863 3,863
RESPONSE COMMS
TERMINAL.
026 JCSE EQUIPMENT 4,845 4,845
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 97,369 97,369
WIDEBAND SATCOM
SYSTEMS.
030 TRANSPORTABLE 120,550 120,550
TACTICAL COMMAND
COMMUNICATIONS.
031 SHF TERM............. 38,129 38,129
032 ASSURED POSITIONING, 115,291 112,791
NAVIGATION AND
TIMING.
Excess to need....... [-2,500]
033 SMART-T (SPACE)...... 15,407 15,407
034 GLOBAL BRDCST SVC-- 2,763 2,763
GBS.
COMM--C3 SYSTEM
037 COE TACTICAL SERVER 99,858 99,858
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
038 HANDHELD MANPACK 775,069 730,069
SMALL FORM FIT (HMS).
Cost deviation....... [-5,000]
Single channel data [-35,000]
radio program
decrease.
Support cost excess [-5,000]
to need.
040 ARMY LINK 16 SYSTEMS. 17,749 17,749
042 UNIFIED COMMAND SUITE 17,984 17,984
043 COTS COMMUNICATIONS 191,702 185,702
EQUIPMENT.
Unit cost growth..... [-6,000]
044 FAMILY OF MED COMM 15,957 15,957
FOR COMBAT CASUALTY
CARE.
045 ARMY COMMUNICATIONS & 89,441 79,441
ELECTRONICS.
Insufficient [-10,000]
justification.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 13,317 13,317
ARCHITECTURE-INTEL.
048 DEFENSE MILITARY 5,207 5,207
DECEPTION INITIATIVE.
049 MULTI-DOMAIN 20,095 20,095
INTELLIGENCE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 987 987
SECURITY PROGRAM-
ISSP.
052 COMMUNICATIONS 126,273 126,273
SECURITY (COMSEC).
053 DEFENSIVE CYBER 27,389 31,489
OPERATIONS.
Army UFR-- [4,100]
Cybersecurity / IT
Network Mapping.
056 SIO CAPABILITY....... 21,303 21,303
057 BIOMETRIC ENABLING 914 914
CAPABILITY (BEC).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 9,209 24,209
COMMUNICATIONS.
Land mobile radios... [15,000]
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 219,026 219,026
061 EMERGENCY MANAGEMENT 4,875 4,875
MODERNIZATION
PROGRAM.
064 INSTALLATION INFO 223,001 225,041
INFRASTRUCTURE MOD
PROGRAM.
EUCOM UFR--Mission [2,040]
Partner Environment.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
067 JTT/CIBS-M........... 5,463 5,463
068 TERRESTRIAL LAYER 39,240 39,240
SYSTEMS (TLS).
070 DCGS-A-INTEL......... 92,613 119,563
Army UFR--Additional [26,950]
fixed node cloud
servers.
071 JOINT TACTICAL GROUND 8,088 8,088
STATION (JTAGS)-
INTEL.
072 TROJAN............... 30,828 30,828
073 MOD OF IN-SVC EQUIP 39,039 39,039
(INTEL SPT).
074 BIOMETRIC TACTICAL 11,097 11,097
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 EW PLANNING & 783 783
MANAGEMENT TOOLS
(EWPMT).
077 AIR VIGILANCE (AV)... 13,486 13,486
079 FAMILY OF PERSISTENT 14,414 14,414
SURVEILLANCE CAP..
080 COUNTERINTELLIGENCE/ 19,111 19,111
SECURITY
COUNTERMEASURES.
081 CI MODERNIZATION..... 421 421
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 SENTINEL MODS........ 47,642 47,642
083 NIGHT VISION DEVICES. 1,092,341 828,875
IVAS ahead of need... [-213,466]
Transfer to RDTE, [-50,000]
Army line 98.
084 SMALL TACTICAL 21,103 21,103
OPTICAL RIFLE
MOUNTED MLRF.
085 INDIRECT FIRE 6,153 6,153
PROTECTION FAMILY OF
SYSTEMS.
086 FAMILY OF WEAPON 184,145 184,145
SIGHTS (FWS).
087 ENHANCED PORTABLE 2,371 2,371
INDUCTIVE ARTILLERY
FUZE SE.
088 FORWARD LOOKING 11,929 11,929
INFRARED (IFLIR).
089 COUNTER SMALL 60,058 60,058
UNMANNED AERIAL
SYSTEM (C-SUAS).
090 JOINT BATTLE COMMAND-- 263,661 259,661
PLATFORM (JBC-P).
Unit cost growth..... [-4,000]
091 JOINT EFFECTS 62,082 62,082
TARGETING SYSTEM
(JETS).
093 COMPUTER BALLISTICS: 2,811 2,811
LHMBC XM32.
094 MORTAR FIRE CONTROL 17,236 17,236
SYSTEM.
095 MORTAR FIRE CONTROL 2,830 2,830
SYSTEMS
MODIFICATIONS.
096 COUNTERFIRE RADARS... 31,694 26,694
Excess to need....... [-5,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
097 ARMY COMMAND POST 49,410 49,410
INTEGRATED
INFRASTRUCTURE.
098 FIRE SUPPORT C2 9,853 9,853
FAMILY.
099 AIR & MSL DEFENSE 67,193 67,193
PLANNING & CONTROL
SYS.
100 IAMD BATTLE COMMAND 301,872 291,872
SYSTEM.
Excess costs [-10,000]
previously funded.
101 LIFE CYCLE SOFTWARE 5,182 5,182
SUPPORT (LCSS).
102 NETWORK MANAGEMENT 31,349 31,349
INITIALIZATION AND
SERVICE.
104 GLOBAL COMBAT SUPPORT 11,271 11,271
SYSTEM-ARMY (GCSS-A).
105 INTEGRATED PERSONNEL 16,077 16,077
AND PAY SYSTEM-ARMY
(IPPS-A).
107 MOD OF IN-SVC 3,160 9,160
EQUIPMENT (ENFIRE).
Program increase-- [6,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
108 ARMY TRAINING 9,833 9,833
MODERNIZATION.
109 AUTOMATED DATA 130,924 133,924
PROCESSING EQUIP.
Army UFR--ATRRS [3,000]
unlimited data
rights.
110 ACCESSIONS 44,635 39,635
INFORMATION
ENVIRONMENT (AIE).
Program decrease..... [-5,000]
111 GENERAL FUND 1,452 1,452
ENTERPRISE BUSINESS
SYSTEMS FAM.
112 HIGH PERF COMPUTING 69,943 69,943
MOD PGM (HPCMP).
113 CONTRACT WRITING 16,957 16,957
SYSTEM.
114 CSS COMMUNICATIONS... 73,110 73,110
115 RESERVE COMPONENT 12,905 12,905
AUTOMATION SYS
(RCAS).
ELECT EQUIP--SUPPORT
117 BCT EMERGING 13,835 13,835
TECHNOLOGIES.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 18,304 18,304
CHEMICAL DEFENSIVE
EQUIPMENT
119 BASE DEFENSE SYSTEMS 62,295 62,295
(BDS).
120 CBRN DEFENSE......... 55,632 55,632
BRIDGING EQUIPMENT
122 TACTICAL BRIDGING.... 9,625 9,625
123 TACTICAL BRIDGE, 76,082 76,082
FLOAT-RIBBON.
124 BRIDGE SUPPLEMENTAL 19,867 19,867
SET.
125 COMMON BRIDGE 109,796 109,796
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
126 HANDHELD STANDOFF 5,628 5,628
MINEFIELD DETECTION
SYS-HST.
128 HUSKY MOUNTED 26,823 75,123
DETECTION SYSTEM
(HMDS).
Army UFR--Additional [48,300]
HMDS.
131 ROBOTICS AND APPLIQUE 124,233 134,233
SYSTEMS.
Army UFR--Common [10,000]
Robotic System-
Individual (CRS-I).
132 RENDER SAFE SETS KITS 84,000 87,158
OUTFITS.
Army UFR--Additional [3,158]
render safe
equipment.
COMBAT SERVICE
SUPPORT EQUIPMENT
134 HEATERS AND ECU'S.... 7,116 5,116
Contract delay....... [-2,000]
135 SOLDIER ENHANCEMENT.. 1,286 7,786
Program increase..... [6,500]
136 PERSONNEL RECOVERY 9,741 9,741
SUPPORT SYSTEM
(PRSS).
137 GROUND SOLDIER SYSTEM 150,244 150,244
138 MOBILE SOLDIER POWER. 17,815 17,815
139 FORCE PROVIDER....... 28,860 28,860
140 FIELD FEEDING 2,321 2,321
EQUIPMENT.
141 CARGO AERIAL DEL & 40,240 40,240
PERSONNEL PARACHUTE
SYSTEM.
142 FAMILY OF ENGR COMBAT 36,163 36,163
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
144 QUALITY SURVEILLANCE 744 744
EQUIPMENT.
145 DISTRIBUTION SYSTEMS, 72,296 76,716
PETROLEUM & WATER.
Army UFR--Modular [4,420]
Fuel System (MFS).
MEDICAL EQUIPMENT
146 COMBAT SUPPORT 122,145 122,145
MEDICAL.
MAINTENANCE EQUIPMENT
147 MOBILE MAINTENANCE 14,756 12,856
EQUIPMENT SYSTEMS.
Excess carryover..... [-1,900]
CONSTRUCTION
EQUIPMENT
154 ALL TERRAIN CRANES... 112,784 107,784
Cost savings......... [-5,000]
156 CONST EQUIP ESP...... 8,694 8,694
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
158 ARMY WATERCRAFT ESP.. 44,409 58,009
Army UFR--Landing [13,600]
Craft Utility
modernization.
159 MANEUVER SUPPORT 76,660 76,660
VESSEL (MSV).
GENERATORS
161 GENERATORS AND 47,606 47,606
ASSOCIATED EQUIP.
162 TACTICAL ELECTRIC 10,500 10,500
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
163 FAMILY OF FORKLIFTS.. 13,325 13,325
TRAINING EQUIPMENT
164 COMBAT TRAINING 79,565 79,565
CENTERS SUPPORT.
165 TRAINING DEVICES, 174,644 174,644
NONSYSTEM.
166 SYNTHETIC TRAINING 122,104 92,266
ENVIRONMENT (STE).
RVCT ahead of need... [-29,838]
168 GAMING TECHNOLOGY IN 11,642 10,642
SUPPORT OF ARMY
TRAINING.
Excess carryover..... [-1,000]
TEST MEASURE AND DIG
EQUIPMENT (TMD)
170 INTEGRATED FAMILY OF 42,934 42,934
TEST EQUIPMENT
(IFTE).
172 TEST EQUIPMENT 24,304 24,304
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
174 PHYSICAL SECURITY 86,930 86,930
SYSTEMS (OPA3).
175 BASE LEVEL COMMON 27,823 27,823
EQUIPMENT.
176 MODIFICATION OF IN- 32,392 32,392
SVC EQUIPMENT (OPA-
3).
177 BUILDING, PRE-FAB, 32,227 32,227
RELOCATABLE.
179 SPECIAL EQUIPMENT FOR 76,917 76,917
TEST AND EVALUATION.
OPA2
180 INITIAL SPARES--C&E.. 9,272 9,272
TOTAL OTHER 8,873,558 8,987,865
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 87,832 977,161
HORNET.
Production line [-10,671]
shutdown.
Program increase--12 [900,000]
additional aircraft.
003 JOINT STRIKE FIGHTER 2,111,009 2,060,757
CV.
Unit cost savings.... [-50,252]
004 JOINT STRIKE FIGHTER 246,781 246,781
CV.
005 JSF STOVL............ 2,256,829 2,317,929
F-35 B PGSE & depot [128,800]
support--USMC UPL.
Target cost savings.. [-67,700]
006 JSF STOVL............ 216,720 216,720
007 CH-53K (HEAVY LIFT).. 1,286,296 1,503,126
Excess to need--pub/ [-14,782]
tech data.
GFE electronics [-3,388]
excess growth.
Program increase--two [250,000]
additional aircraft.
Unjustified growth-- [-15,000]
NRE production
capacity.
008 CH-53K (HEAVY LIFT).. 182,871 182,871
009 V-22 (MEDIUM LIFT)... 751,716 1,500,516
Program increase-- [414,400]
five additional MV-
22.
Program increase-- [334,400]
four additional CMV-
22.
011 H-1 UPGRADES (UH-1Y/ 939 939
AH-1Z).
013 P-8A POSEIDON........ 44,595 384,595
Additional aircraft.. [340,000]
014 E-2D ADV HAWKEYE..... 766,788 957,788
Navy UFR--Additional [191,000]
E-2D.
015 E-2D ADV HAWKEYE..... 118,095 118,095
TRAINER AIRCRAFT
016 ADVANCED HELICOPTER 163,490 163,490
TRAINING SYSTEM.
OTHER AIRCRAFT
017 KC-130J.............. 520,787 947,187
Marine Corps UFR--KC- [31,500]
130J weapons system
trainer.
Marine Corps UFR-- [197,900]
Replace KC-130J
aircraft.
Two additional C-130J [197,000]
aircraft--Navy UPL.
018 KC-130J.............. 68,088 68,088
021 MQ-4 TRITON.......... 160,151 483,151
Additional aircraft.. [323,000]
023 MQ-8 UAV............. 49,249 49,249
024 STUASL0 UAV.......... 13,151 13,151
025 MQ-25................ 47,468 47,468
027 MARINE GROUP 5 UAS... 233,686 273,686
Marine Corps UFR-- [40,000]
Additional aircraft.
MODIFICATION OF
AIRCRAFT
030 F-18 A-D UNIQUE...... 163,095 244,595
F/A-18 aircraft [-1,000]
structural life
management (OSIP 11-
99) inner wing
installation excess
cost growth.
Marine Corps UFR--F- [55,000]
18 ALR-67(V)5 radar
warning receiver.
Marine Corps UFR--F- [27,500]
18C/D AESA radar
upgrade.
031 F-18E/F AND EA-18G 482,899 482,899
MODERNIZATION AND
SUSTAINM.
032 MARINE GROUP 5 UAS 1,982 1,982
SERIES.
033 AEA SYSTEMS.......... 23,296 20,221
Excess support costs. [-3,075]
034 AV-8 SERIES.......... 17,882 17,882
035 INFRARED SEARCH AND 138,827 120,377
TRACK (IRST).
Limit production [-18,450]
growth.
036 ADVERSARY............ 143,571 143,571
037 F-18 SERIES.......... 327,571 327,571
038 H-53 SERIES.......... 112,436 109,136
Excess to need....... [-3,300]
039 MH-60 SERIES......... 94,794 94,794
040 H-1 SERIES........... 124,194 118,857
Excess to need....... [-5,337]
041 EP-3 SERIES.......... 28,848 28,848
042 E-2 SERIES........... 204,826 199,991
Electronic support [-1,800]
measures (OSIP 007-
21) excess
installation costs.
Electronic support [-1,785]
measures (OSIP 007-
21) previously
funded.
NAVWAR A-kit [-1,250]
installation (OSIP
011-19) previously
funded.
043 TRAINER A/C SERIES... 7,849 7,849
044 C-2A................. 2,843 2,843
045 C-130 SERIES......... 145,610 143,106
A and B kits (OSIP [-2,504]
019-14) unit cost
growth.
046 FEWSG................ 734 734
047 CARGO/TRANSPORT A/C 10,682 10,682
SERIES.
048 E-6 SERIES........... 128,029 128,029
049 EXECUTIVE HELICOPTERS 45,326 45,326
SERIES.
051 T-45 SERIES.......... 158,772 158,772
052 POWER PLANT CHANGES.. 24,915 24,915
053 JPATS SERIES......... 22,955 22,955
054 AVIATION LIFE SUPPORT 2,477 2,477
MODS.
055 COMMON ECM EQUIPMENT. 119,574 119,574
056 COMMON AVIONICS 118,839 118,839
CHANGES.
057 COMMON DEFENSIVE 5,476 5,476
WEAPON SYSTEM.
058 ID SYSTEMS........... 13,154 13,154
059 P-8 SERIES........... 131,298 115,998
Program delays....... [-15,300]
060 MAGTF EW FOR AVIATION 29,151 29,151
061 MQ-8 SERIES.......... 31,624 31,624
062 V-22 (TILT/ROTOR 312,835 312,835
ACFT) OSPREY.
063 NEXT GENERATION 266,676 266,676
JAMMER (NGJ).
064 F-35 STOVL SERIES.... 177,054 168,154
Block 4 B kits early [-8,900]
to need.
065 F-35 CV SERIES....... 138,269 131,369
TR-3/B4 delay........ [-6,900]
066 QRC.................. 98,563 98,563
067 MQ-4 SERIES.......... 7,100 7,100
068 RQ-21 SERIES......... 14,123 14,123
AIRCRAFT SPARES AND
REPAIR PARTS
072 SPARES AND REPAIR 2,339,077 2,466,977
PARTS.
Marine Corps UFR--F- [117,800]
35B engine spares.
Marine Corps UFR--KC- [7,000]
130J initial spares.
Marine Corps UFR--KC- [3,100]
130J weapons system
trainer initial
spares.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
073 COMMON GROUND 517,267 517,267
EQUIPMENT.
074 AIRCRAFT INDUSTRIAL 80,500 80,500
FACILITIES.
075 WAR CONSUMABLES...... 42,496 42,496
076 OTHER PRODUCTION 21,374 21,374
CHARGES.
077 SPECIAL SUPPORT 271,774 271,774
EQUIPMENT.
TOTAL AIRCRAFT 16,477,178 19,804,184
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,144,446 1,144,446
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,319 7,319
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 124,513 138,140
MK14 canisters [-3,743]
previously funded.
Program increase--ten [17,370]
additional tomahawks.
TACTICAL MISSILES
005 SIDEWINDER........... 86,366 82,788
Unit cost adjustment-- [-2,624]
AUR Block II.
Unit cost adjustment-- [-954]
CATM Block II.
006 STANDARD MISSILE..... 521,814 521,814
007 STANDARD MISSILE..... 45,357 45,357
008 JASSM................ 37,039 37,039
009 SMALL DIAMETER BOMB 40,877 40,877
II.
010 RAM.................. 92,981 73,015
Contract award delay. [-19,966]
011 JOINT AIR GROUND 49,702 49,702
MISSILE (JAGM).
012 HELLFIRE............. 7,557 7,557
013 AERIAL TARGETS....... 150,339 150,339
014 DRONES AND DECOYS.... 30,321 30,321
015 OTHER MISSILE SUPPORT 3,474 3,474
016 LRASM................ 161,212 161,212
017 NAVAL STRIKE MISSILE 59,331 52,377
(NSM).
Program decrease..... [-6,954]
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 206,233 206,233
019 ESSM................. 248,619 161,519
ESSM block 2 contract [-87,100]
award delays.
021 AARGM................ 116,345 116,345
022 STANDARD MISSILES 148,834 148,834
MODS.
SUPPORT EQUIPMENT &
FACILITIES
023 WEAPONS INDUSTRIAL 1,819 1,819
FACILITIES.
ORDNANCE SUPPORT
EQUIPMENT
026 ORDNANCE SUPPORT 191,905 191,905
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
027 SSTD................. 4,545 4,545
028 MK-48 TORPEDO........ 159,107 172,477
Contract award delay. [-34,000]
Navy UFR--Heavyweight [50,000]
Torpedo (HWT)
quantity increase.
Program decrease..... [-2,630]
029 ASW TARGETS.......... 13,630 13,630
MOD OF TORPEDOES AND
RELATED EQUIP
030 MK-54 TORPEDO MODS... 106,112 106,112
031 MK-48 TORPEDO ADCAP 35,680 35,680
MODS.
032 MARITIME MINES....... 8,567 8,567
SUPPORT EQUIPMENT
033 TORPEDO SUPPORT 93,400 93,400
EQUIPMENT.
034 ASW RANGE SUPPORT.... 3,997 3,997
DESTINATION
TRANSPORTATION
035 FIRST DESTINATION 4,023 4,023
TRANSPORTATION.
GUNS AND GUN MOUNTS
036 SMALL ARMS AND 14,909 14,909
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
037 CIWS MODS............ 6,274 6,274
038 COAST GUARD WEAPONS.. 45,958 45,958
039 GUN MOUNT MODS....... 68,775 68,775
040 LCS MODULE WEAPONS... 2,121 2,121
041 AIRBORNE MINE 14,822 14,822
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
043 SPARES AND REPAIR 162,382 166,682
PARTS.
Navy UFR--Maritime [4,300]
outfitting and
interim spares.
TOTAL WEAPONS 4,220,705 4,134,404
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 48,635 43,424
Excess to need--BLU- [-5,211]
137.
002 JDAM................. 74,140 48,526
Contract award delay. [-25,614]
003 AIRBORNE ROCKETS, ALL 75,383 75,383
TYPES.
004 MACHINE GUN 11,215 11,215
AMMUNITION.
005 PRACTICE BOMBS....... 52,225 52,225
006 CARTRIDGES & CART 70,876 70,492
ACTUATED DEVICES.
MK122 parachute [-384]
deploy rocket unit
cost overestimation.
007 AIR EXPENDABLE 61,600 57,069
COUNTERMEASURES.
IR decoys previously [-4,531]
funded.
008 JATOS................ 6,620 6,620
009 5 INCH/54 GUN 28,922 27,923
AMMUNITION.
Unit cost growth--5"/ [-999]
54 prop charge, full
DA65.
010 INTERMEDIATE CALIBER 36,038 31,537
GUN AMMUNITION.
ALaMO contract award [-4,501]
delay.
011 OTHER SHIP GUN 39,070 39,070
AMMUNITION.
012 SMALL ARMS & LANDING 45,493 44,195
PARTY AMMO.
NSW SMCA previously [-1,298]
funded.
013 PYROTECHNIC AND 9,163 9,163
DEMOLITION.
015 AMMUNITION LESS THAN 1,575 1,575
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 50,707 50,707
017 DIRECT SUPPORT 120,037 118,157
MUNITIONS.
Excess to need--20mm [-1,880]
Carl Gustaf trainer
system.
018 INFANTRY WEAPONS 94,001 63,259
AMMUNITION.
Excess to need--BA54 [-30,742]
& BA55 termination.
019 COMBAT SUPPORT 35,247 35,247
MUNITIONS.
020 AMMO MODERNIZATION... 16,267 16,267
021 ARTILLERY MUNITIONS.. 105,669 95,169
Contract delay....... [-10,500]
022 ITEMS LESS THAN $5 5,135 5,135
MILLION.
TOTAL PROCUREMENT OF 988,018 902,358
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,003,000 3,003,000
SUBMARINE.
002 OHIO REPLACEMENT 1,643,980 1,773,980
SUBMARINE AP.
Program increase-- [130,000]
submarine supplier
development.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,068,705 1,062,205
PROGRAM.
Program decrease..... [-6,500]
004 CVN-81............... 1,299,764 1,287,719
Program decrease..... [-12,045]
005 VIRGINIA CLASS 4,249,240 4,449,240
SUBMARINE.
Industrial base [200,000]
expansion.
006 VIRGINIA CLASS 2,120,407 2,105,407
SUBMARINE AP.
Program adjustment... [-15,000]
007 CVN REFUELING 2,456,018 2,436,018
OVERHAULS.
Excess growth........ [-20,000]
008 CVN REFUELING 66,262 66,262
OVERHAULS.
009 DDG 1000............. 56,597 56,597
010 DDG-51............... 2,016,787 4,929,073
Change order [-11,651]
excessive cost
growth.
Electronics excessive [-35,500]
cost growth.
Plans cost excessive [-47,000]
cost growth.
Program decrease..... [-20,463]
Termination liability [-33,000]
not required.
Two additional ships. [3,059,900]
011 DDG-51 AP............ 120,000
Program increase-- [120,000]
Advance procurement
for DDG-51.
013 FFG-FRIGATE.......... 1,087,900 1,087,900
014 FFG-FRIGATE.......... 69,100 69,100
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 60,636 60,636
016 LPD FLIGHT II AP..... 250,000
Program increase..... [250,000]
019 LHA REPLACEMENT...... 68,637 168,637
Program increase..... [100,000]
020 EXPEDITIONARY FAST 540,000
TRANSPORT (EPF).
Two additional ships. [540,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
021 TAO FLEET OILER...... 668,184 1,336,384
One additional ship.. [668,200]
022 TAO FLEET OILER AP... 76,012 0
Unjustified request.. [-76,012]
023 TAGOS SURTASS SHIPS.. 434,384 434,384
024 TOWING, SALVAGE, AND 183,800 183,800
RESCUE SHIP (ATS).
025 LCU 1700............. 67,928 67,928
026 OUTFITTING........... 655,707 622,926
Outfitting early to [-32,781]
need.
027 SHIP TO SHORE 156,738 286,738
CONNECTOR.
Ship to shore [130,000]
connector.
028 SERVICE CRAFT........ 67,866 67,866
029 LCAC SLEP............ 32,712 32,712
030 AUXILIARY VESSELS 299,900 120,000
(USED SEALIFT).
Program reduction.... [-179,900]
031 COMPLETION OF PY 660,795 660,795
SHIPBUILDING
PROGRAMS.
TOTAL SHIPBUILDING 22,571,059 27,279,307
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 41,414 41,414
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 83,746 83,746
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 72,300 72,300
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 234,932 234,932
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 583,136 583,136
006 FIREFIGHTING 15,040 15,040
EQUIPMENT.
007 COMMAND AND CONTROL 2,194 2,194
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 133,627 120,854
Program decrease..... [-12,773]
009 LCC 19/20 EXTENDED 4,387 4,387
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 18,159 18,159
EQUIPMENT.
011 SUBMARINE SUPPORT 88,284 98,284
EQUIPMENT.
Spare Seawolf-class [10,000]
bow dome.
012 VIRGINIA CLASS 22,669 22,669
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 9,640 9,640
EQUIPMENT.
014 SUBMARINE BATTERIES.. 21,834 21,834
015 LPD CLASS SUPPORT 34,292 29,478
EQUIPMENT.
Program decrease..... [-4,814]
016 DDG 1000 CLASS 126,107 111,761
SUPPORT EQUIPMENT.
Program decrease..... [-14,346]
017 STRATEGIC PLATFORM 12,256 12,256
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 10,682 10,682
019 CG MODERNIZATION..... 156,951 156,951
020 LCAC................. 21,314 21,314
021 UNDERWATER EOD 24,146 24,146
EQUIPMENT.
022 ITEMS LESS THAN $5 84,789 84,789
MILLION.
023 CHEMICAL WARFARE 2,997 2,997
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,307,651 1,475,051
REPAIR AND
MODERNIZATION.
Navy UFR--A-120 [167,400]
availability.
026 REACTOR POWER UNITS.. 3,270 3,270
027 REACTOR COMPONENTS... 438,729 438,729
OCEAN ENGINEERING
028 DIVING AND SALVAGE 10,772 10,772
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 58,770 58,770
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 168,822 150,822
Program decrease..... [-18,000]
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 74,231 74,231
MODULES EQUIPMENT.
032 LCS MCM MISSION 40,630 30,119
MODULES.
Program decrease..... [-10,511]
033 LCS ASW MISSION 1,565 1,565
MODULES.
034 LCS SUW MISSION 3,395 3,395
MODULES.
035 LCS IN-SERVICE 122,591 122,591
MODERNIZATION.
036 SMALL & MEDIUM UUV... 32,534 32,534
SHIP SONARS
038 SPQ-9B RADAR......... 15,927 15,927
039 AN/SQQ-89 SURF ASW 131,829 126,871
COMBAT SYSTEM.
Program decrease..... [-4,958]
040 SSN ACOUSTIC 379,850 360,898
EQUIPMENT.
Virginia class [-18,952]
technical insertion
kits previously
funded.
041 UNDERSEA WARFARE 13,965 13,965
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
042 SUBMARINE ACOUSTIC 24,578 24,578
WARFARE SYSTEM.
043 SSTD................. 11,010 11,010
044 FIXED SURVEILLANCE 363,651 363,651
SYSTEM.
045 SURTASS.............. 67,500 67,500
ELECTRONIC WARFARE
EQUIPMENT
046 AN/SLQ-32............ 370,559 370,559
RECONNAISSANCE
EQUIPMENT
047 SHIPBOARD IW EXPLOIT. 261,735 261,735
048 AUTOMATED 3,777 3,777
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
049 COOPERATIVE 24,641 46,924
ENGAGEMENT
CAPABILITY.
Navy UFR--Accelerate [8,983]
Naval Tactical Grid
Development for
Joint All-Domain
Command and Control
(JADC2).
Navy UFR--Maritime [13,300]
outfitting and
interim spares.
050 NAVAL TACTICAL 14,439 14,439
COMMAND SUPPORT
SYSTEM (NTCSS).
051 ATDLS................ 101,595 101,595
052 NAVY COMMAND AND 3,535 3,535
CONTROL SYSTEM
(NCCS).
053 MINESWEEPING SYSTEM 15,640 15,640
REPLACEMENT.
054 SHALLOW WATER MCM.... 5,610 5,610
055 NAVSTAR GPS RECEIVERS 33,097 33,097
(SPACE).
056 AMERICAN FORCES RADIO 2,513 2,513
AND TV SERVICE.
057 STRATEGIC PLATFORM 4,823 4,823
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
058 ASHORE ATC EQUIPMENT. 83,464 83,464
059 AFLOAT ATC EQUIPMENT. 67,055 67,055
060 ID SYSTEMS........... 46,918 46,918
061 JOINT PRECISION 35,386 35,386
APPROACH AND LANDING
SYSTEM (.
062 NAVAL MISSION 17,951 17,951
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
063 MARITIME INTEGRATED 2,360 2,360
BROADCAST SYSTEM.
064 TACTICAL/MOBILE C4I 18,919 18,919
SYSTEMS.
065 DCGS-N............... 16,691 16,691
066 CANES................ 412,002 441,002
Navy UFR--Resilient [29,000]
Communications PNT
for Combat Logistics
Fleet (CLF).
067 RADIAC............... 9,074 9,074
068 CANES-INTELL......... 51,593 51,593
069 GPETE................ 23,930 23,930
070 MASF................. 8,795 8,795
071 INTEG COMBAT SYSTEM 5,829 5,829
TEST FACILITY.
072 EMI CONTROL 3,925 3,925
INSTRUMENTATION.
073 ITEMS LESS THAN $5 156,042 156,042
MILLION.
SHIPBOARD
COMMUNICATIONS
074 SHIPBOARD TACTICAL 43,212 43,212
COMMUNICATIONS.
075 SHIP COMMUNICATIONS 90,724 90,724
AUTOMATION.
076 COMMUNICATIONS ITEMS 44,447 44,447
UNDER $5M.
SUBMARINE
COMMUNICATIONS
077 SUBMARINE BROADCAST 47,579 47,579
SUPPORT.
078 SUBMARINE 64,642 64,642
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
079 SATELLITE 38,636 38,636
COMMUNICATIONS
SYSTEMS.
080 NAVY MULTIBAND 34,723 34,723
TERMINAL (NMT).
SHORE COMMUNICATIONS
081 JOINT COMMUNICATIONS 2,651 2,651
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
082 INFO SYSTEMS SECURITY 146,879 146,879
PROGRAM (ISSP).
083 MIO INTEL 977 977
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
084 CRYPTOLOGIC 17,809 17,809
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 63,214 63,214
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 249,121 303,521
Navy UFR--Additional [54,400]
sonobuoys.
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 4,963 4,963
096 WEAPONS RANGE SUPPORT 98,898 98,898
EQUIPMENT.
097 AIRCRAFT SUPPORT 178,647 178,647
EQUIPMENT.
098 ADVANCED ARRESTING 22,265 22,265
GEAR (AAG).
099 METEOROLOGICAL 13,687 13,687
EQUIPMENT.
100 LEGACY AIRBORNE MCM.. 4,446 4,446
101 LAMPS EQUIPMENT...... 1,470 1,470
102 AVIATION SUPPORT 70,665 70,665
EQUIPMENT.
103 UMCS-UNMAN CARRIER 86,584 86,584
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
104 SHIP GUN SYSTEMS 5,536 5,536
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
105 HARPOON SUPPORT 204 204
EQUIPMENT.
106 SHIP MISSILE SUPPORT 237,987 237,987
EQUIPMENT.
107 TOMAHAWK SUPPORT 88,726 88,726
EQUIPMENT.
FBM SUPPORT EQUIPMENT
108 STRATEGIC MISSILE 281,259 281,259
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
109 SSN COMBAT CONTROL 143,289 143,289
SYSTEMS.
110 ASW SUPPORT EQUIPMENT 30,595 30,595
OTHER ORDNANCE
SUPPORT EQUIPMENT
111 EXPLOSIVE ORDNANCE 1,721 1,721
DISPOSAL EQUIP.
112 ITEMS LESS THAN $5 8,746 8,746
MILLION.
OTHER EXPENDABLE
ORDNANCE
113 ANTI-SHIP MISSILE 76,994 76,994
DECOY SYSTEM.
114 SUBMARINE TRAINING 75,813 75,813
DEVICE MODS.
115 SURFACE TRAINING 127,814 127,814
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
116 PASSENGER CARRYING 4,140 4,140
VEHICLES.
117 GENERAL PURPOSE 2,805 2,805
TRUCKS.
118 CONSTRUCTION & 48,403 46,403
MAINTENANCE EQUIP.
Excess carryover..... [-2,000]
119 FIRE FIGHTING 15,084 15,084
EQUIPMENT.
120 TACTICAL VEHICLES.... 27,400 27,400
121 POLLUTION CONTROL 2,607 2,607
EQUIPMENT.
122 ITEMS LESS THAN $5 51,963 51,963
MILLION.
123 PHYSICAL SECURITY 1,165 1,165
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 24,698 24,698
125 FIRST DESTINATION 5,385 5,385
TRANSPORTATION.
126 SPECIAL PURPOSE 660,750 660,750
SUPPLY SYSTEMS.
TRAINING DEVICES
127 TRAINING SUPPORT 3,465 3,465
EQUIPMENT.
128 TRAINING AND 60,114 60,114
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 31,007 31,007
EQUIPMENT.
130 MEDICAL SUPPORT 7,346 14,346
EQUIPMENT.
Navy UFR-- [7,000]
Expeditionary
medical readiness.
132 NAVAL MIP SUPPORT 2,887 2,887
EQUIPMENT.
133 OPERATING FORCES 12,815 12,815
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,324 6,324
135 ENVIRONMENTAL SUPPORT 25,098 25,098
EQUIPMENT.
136 PHYSICAL SECURITY 110,647 107,471
EQUIPMENT.
Program decrease..... [-3,176]
137 ENTERPRISE 31,709 31,709
INFORMATION
TECHNOLOGY.
OTHER
141 NEXT GENERATION 41 41
ENTERPRISE SERVICE.
142 CYBERSPACE ACTIVITIES 12,859 12,859
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 19,808 19,808
SPARES AND REPAIR
PARTS
143 SPARES AND REPAIR 424,405 517,105
PARTS.
Navy UFR--Maritime [92,700]
outfitting and
interim spares.
TOTAL OTHER 10,875,912 11,169,165
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 36,836 36,836
002 AMPHIBIOUS COMBAT 532,355 532,355
VEHICLE FAMILY OF
VEHICLES.
003 LAV PIP.............. 23,476 23,476
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 32 32
TOWED HOWITZER.
005 ARTILLERY WEAPONS 67,548 221,347
SYSTEM.
Marine Corps UFR-- [57,799]
Ground-launched anti-
ship missiles.
Marine Corps UFR-- [96,000]
Ground-launched long
range fires.
006 WEAPONS AND COMBAT 35,402 35,402
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
008 GROUND BASED AIR 9,349 9,349
DEFENSE.
009 ANTI-ARMOR MISSILE- 937 937
JAVELIN.
010 FAMILY ANTI-ARMOR 20,481 20,481
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 14,359 12,359
TOW.
Unit cost growth..... [-2,000]
012 GUIDED MLRS ROCKET 98,299 98,299
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 18,247 18,247
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 33,554 33,554
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 167 167
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 64,879 130,779
MILLION (COMM &
ELEC).
Marine Corps UFR--Fly- [9,000]
Away Broadcast
System.
Marine Corps UFR-- [16,900]
INOD Block III long-
range sight.
Marine Corps UFR-- [40,000]
Squad binocular
night vision goggle.
017 AIR OPERATIONS C2 1,291 1,291
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 297,369 645,369
ORIENTED RADAR (G/
ATOR).
Marine Corps UFR-- [304,000]
Additional G/ATOR
units.
Marine Corps UFR-- [44,000]
Additional radar
retrofit kits and
FRP systems.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 604 604
021 FIRE SUPPORT SYSTEM.. 39,810 39,810
022 INTELLIGENCE SUPPORT 67,309 72,860
EQUIPMENT.
Marine Corps UFR-- [5,551]
SCINet equipment.
024 UNMANNED AIR SYSTEMS 24,299 24,299
(INTEL).
025 DCGS-MC.............. 28,633 28,633
026 UAS PAYLOADS......... 3,730 3,730
OTHER SUPPORT (NON-
TEL)
029 NEXT GENERATION 97,060 97,060
ENTERPRISE NETWORK
(NGEN).
030 COMMON COMPUTER 83,606 79,606
RESOURCES.
Training and [-2,000]
education
headquarters support
unjustified request.
Wargaming hardware [-2,000]
early to need.
031 COMMAND POST SYSTEMS. 53,708 39,708
NOTM refresh early to [-14,000]
need.
032 RADIO SYSTEMS........ 468,678 444,678
TCM ground radios [-10,000]
sparing previously
funded.
Unjustified request.. [-14,000]
033 COMM SWITCHING & 49,600 43,600
CONTROL SYSTEMS.
Excess growth........ [-6,000]
034 COMM & ELEC 110,835 116,635
INFRASTRUCTURE
SUPPORT.
Excess growth........ [-10,000]
Marine Corps UFR-- [15,800]
Base
telecommunications
equipment upgrades.
035 CYBERSPACE ACTIVITIES 25,377 46,577
Marine Corps UFR-- [21,200]
Defensive Cyber Ops-
Internal Defensive
Measures suites.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 4,034 4,034
ADMINISTRATIVE
VEHICLES
038 COMMERCIAL CARGO 17,848 17,848
VEHICLES.
TACTICAL VEHICLES
039 MOTOR TRANSPORT 23,363 21,924
MODIFICATIONS.
Excess growth........ [-1,439]
040 JOINT LIGHT TACTICAL 322,013 322,013
VEHICLE.
042 TRAILERS............. 9,876 9,876
ENGINEER AND OTHER
EQUIPMENT
044 TACTICAL FUEL SYSTEMS 2,161 2,161
045 POWER EQUIPMENT 26,625 18,955
ASSORTED.
Intelligent power [-7,670]
distribution
previously funded.
046 AMPHIBIOUS SUPPORT 17,119 15,909
EQUIPMENT.
Excess carryover..... [-1,210]
047 EOD SYSTEMS.......... 94,472 107,672
Marine Corps UFR-- [7,800]
BCWD/UnSAT/Explosive
Hazard Defeat
Systems.
Marine Corps UFR-- [5,400]
ENFIRE/Explosive
Hazard Defeat
Systems.
MATERIALS HANDLING
EQUIPMENT
048 PHYSICAL SECURITY 84,513 84,513
EQUIPMENT.
GENERAL PROPERTY
049 FIELD MEDICAL 8,105 8,105
EQUIPMENT.
050 TRAINING DEVICES..... 37,814 35,211
CACCTUS lap equipment [-2,603]
previously funded.
051 FAMILY OF 34,658 50,458
CONSTRUCTION
EQUIPMENT.
Marine Corps UFR--All- [10,800]
terrain crane.
Marine Corps UFR-- [5,000]
Rough terrain
container handler.
052 ULTRA-LIGHT TACTICAL 15,439 15,439
VEHICLE (ULTV).
OTHER SUPPORT
053 ITEMS LESS THAN $5 4,402 15,002
MILLION.
Marine Corps UFR-- [10,600]
Lightweight water
purification system.
SPARES AND REPAIR
PARTS
054 SPARES AND REPAIR 32,819 32,819
PARTS.
TOTAL PROCUREMENT, 3,043,091 3,620,019
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 108,027 108,027
TACTICAL FORCES
002 F-35................. 4,167,604 4,392,604
Air Force UFR--F-35 [175,000]
power modules.
USG depot [50,000]
acceleration.
003 F-35................. 352,632 352,632
005 F-15EX............... 1,186,903 1,762,903
Air Force UFR-- [576,000]
Additional aircraft,
spares, support
equipment.
006 F-15EX............... 147,919 147,919
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,380,315 2,315,315
Excess growth........ [-65,000]
OTHER AIRLIFT
008 C-130J............... 128,896 128,896
009 MC-130J.............. 220,049 220,049
UPT TRAINERS
011 ADVANCED TRAINER 10,397 0
REPLACEMENT T-X.
Procurement funds [-10,397]
ahead of need.
HELICOPTERS
012 MH-139A.............. 75,000
Program increase..... [75,000]
013 COMBAT RESCUE 792,221 792,221
HELICOPTER.
MISSION SUPPORT
AIRCRAFT
016 CIVIL AIR PATROL A/C. 2,813 11,400
Program increase..... [8,587]
OTHER AIRCRAFT
017 TARGET DRONES........ 116,169 116,169
019 E-11 BACN/HAG........ 124,435 124,435
021 MQ-9................. 3,288 78,567
Program increase-- [75,279]
four aircraft.
STRATEGIC AIRCRAFT
023 B-2A................. 29,944 29,944
024 B-1B................. 30,518 27,406
Radio crypto mod [-3,112]
ahead of need.
025 B-52................. 82,820 82,820
026 COMBAT RESCUE 61,191 45,891
HELICOPTER.
Early to need-- [-15,300]
contract delay.
027 LARGE AIRCRAFT 57,001 57,001
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
028 A-10................. 83,621 83,621
029 E-11 BACN/HAG........ 68,955 68,955
030 F-15................. 234,340 232,457
F-15E MIDS-JTRS [-1,883]
installs excess to
need.
031 F-16................. 613,166 733,166
F-16 AESAs........... [100,000]
Program increase--HUD [20,000]
upgrade.
032 F-22A................ 424,722 384,722
Program decrease..... [-40,000]
033 F-35 MODIFICATIONS... 304,135 1,388,935
F-35 upgrades to [1,100,000]
Block 4.
TR-3/B4 delay........ [-15,200]
034 F-15 EPAW............ 149,797 149,797
036 KC-46A MDAP.......... 1,984 1,984
AIRLIFT AIRCRAFT
037 C-5.................. 25,431 25,431
038 C-17A................ 59,570 59,570
040 C-32A................ 1,949 1,949
041 C-37A................ 5,984 5,984
TRAINER AIRCRAFT
042 GLIDER MODS.......... 142 142
043 T-6.................. 8,735 8,735
044 T-1.................. 3,872 872
Excess to need....... [-3,000]
045 T-38................. 49,851 49,851
OTHER AIRCRAFT
046 U-2 MODS............. 126,809 126,809
047 KC-10A (ATCA)........ 1,902 1,902
049 VC-25A MOD........... 96 96
050 C-40................. 262 262
051 C-130................ 29,071 169,771
Program increase-- [75,700]
eight blade
propeller upgrade.
Program increase-- [50,000]
engine enhancement
program.
Program increase-- [15,000]
modular airborne
firefighting system.
052 C-130J MODS.......... 110,784 110,784
053 C-135................ 61,376 61,376
054 COMPASS CALL......... 195,098 270,098
Air Force UFR-- [75,000]
Additional spare
engines.
056 RC-135............... 207,596 207,596
057 E-3.................. 109,855 109,855
058 E-4.................. 19,081 19,081
059 E-8.................. 16,312 43,312
Program increase--CDL [27,000]
060 AIRBORNE WARNING AND 30,327 26,627
CNTRL SYS (AWACS) 40/
45.
Block 40/45 carryover [-3,700]
062 H-1.................. 1,533 1,533
063 H-60................. 13,709 32,709
OLR mod early to need [-1,000]
Restore degraded [20,000]
visual environment.
064 RQ-4 MODS............ 3,205 3,205
065 HC/MC-130 150,263 148,815
MODIFICATIONS.
Communications [-1,448]
modernization phase
1 NRE ahead of need.
066 OTHER AIRCRAFT....... 54,828 54,828
067 MQ-9 MODS............ 144,287 144,287
068 MQ-9 UAS PAYLOADS.... 40,800 40,800
069 SENIOR LEADER C3, 23,554 23,554
SYSTEM--AIRCRAFT.
070 CV-22 MODS........... 158,162 240,562
SOCOM UFR--CV-22 [82,400]
reliability
acceleration.
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 915,710 915,710
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 138,761 138,761
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,651 1,651
074 B-2B................. 38,811 38,811
075 B-52................. 5,602 5,602
078 F-15................. 2,324 2,324
079 F-16................. 10,456 10,456
081 RQ-4 POST PRODUCTION 24,592 24,592
CHARGES.
INDUSTRIAL
PREPAREDNESS
082 INDUSTRIAL 18,110 18,110
RESPONSIVENESS.
WAR CONSUMABLES
083 WAR CONSUMABLES...... 35,866 35,866
OTHER PRODUCTION
CHARGES
084 OTHER PRODUCTION 979,388 1,019,388
CHARGES.
Classified [40,000]
modifications--progr
am increase.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 18,092 18,092
TOTAL AIRCRAFT 15,727,669 18,132,595
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,793 57,793
EQ-BALLISTIC.
BALLISTIC MISSILES
002 GROUND BASED 8,895 8,895
STRATEGIC DETERRENT.
TACTICAL
003 REPLAC EQUIP & WAR 7,681 7,681
CONSUMABLES.
004 AGM-183A AIR-LAUNCHED 160,850 116,850
RAPID RESPONSE
WEAPON.
Procurement early to [-44,000]
need.
006 JOINT AIR-SURFACE 710,550 660,550
STANDOFF MISSILE.
Program decrease..... [-50,000]
008 SIDEWINDER (AIM-9X).. 107,587 107,587
009 AMRAAM............... 214,002 214,002
010 PREDATOR HELLFIRE 103,684 103,684
MISSILE.
011 SMALL DIAMETER BOMB.. 82,819 82,819
012 SMALL DIAMETER BOMB 294,649 294,649
II.
INDUSTRIAL FACILITIES
013 INDUSTR'L PREPAREDNS/ 757 757
POL PREVENTION.
CLASS IV
015 ICBM FUZE MOD........ 53,013 65,263
Realignment of funds. [12,250]
016 ICBM FUZE MOD AP..... 47,757 35,507
Realignment of funds. [-12,250]
017 MM III MODIFICATIONS. 88,579 88,579
019 AIR LAUNCH CRUISE 46,799 46,799
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
020 MSL SPRS/REPAIR PARTS 16,212 16,212
(INITIAL).
021 MSL SPRS/REPAIR PARTS 63,547 63,547
(REPLEN).
022 INITIAL SPARES/REPAIR 4,045 4,045
PARTS.
SPECIAL PROGRAMS
027 SPECIAL UPDATE 30,352 30,352
PROGRAMS.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 570,240 570,240
TOTAL MISSILE 2,669,811 2,575,811
PROCUREMENT, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 43,655 39,655
SYSTEM.
Unjustified cost [-4,000]
growth.
003 COUNTERSPACE SYSTEMS. 64,804 64,804
004 FAMILY OF BEYOND LINE- 39,444 39,444
OF-SIGHT TERMINALS.
005 GENERAL INFORMATION 3,316 5,116
TECH--SPACE.
Space Force UFR-- [1,800]
Modernize space
aggressor equipment.
006 GPSIII FOLLOW ON..... 601,418 601,418
007 GPS III SPACE SEGMENT 84,452 84,452
008 GLOBAL POSTIONING 2,274 2,274
(SPACE).
009 HERITAGE TRANSITION.. 13,529 13,529
010 SPACEBORNE EQUIP 26,245 48,945
(COMSEC).
Space Force UFR-- [22,700]
Space-rated crypto
devices to support
launch.
011 MILSATCOM............ 24,333 24,333
012 SBIR HIGH (SPACE).... 154,526 154,526
013 SPECIAL SPACE 142,188 142,188
ACTIVITIES.
014 MOBILE USER OBJECTIVE 45,371 45,371
SYSTEM.
015 NATIONAL SECURITY 1,337,347 1,337,347
SPACE LAUNCH.
016 NUDET DETECTION 6,690 6,690
SYSTEM.
017 PTES HUB............. 7,406 7,406
018 ROCKET SYSTEMS LAUNCH 10,429 10,429
PROGRAM.
020 SPACE MODS........... 64,371 64,371
021 SPACELIFT RANGE 93,774 93,774
SYSTEM SPACE.
SPARES
022 SPARES AND REPAIR 1,282 1,282
PARTS.
TOTAL PROCUREMENT, 2,766,854 2,787,354
SPACE FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 36,597 36,597
CARTRIDGES
002 CARTRIDGES........... 169,163 164,163
Excess to need....... [-5,000]
BOMBS
003 PRACTICE BOMBS....... 48,745 48,745
004 GENERAL PURPOSE BOMBS 176,565 176,565
005 MASSIVE ORDNANCE 15,500 15,500
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 124,102 48,584
MUNITION.
Program carryover.... [-75,518]
007 B-61................. 2,709 2,709
OTHER ITEMS
008 CAD/PAD.............. 47,210 47,210
009 EXPLOSIVE ORDNANCE 6,151 6,151
DISPOSAL (EOD).
010 SPARES AND REPAIR 535 535
PARTS.
011 MODIFICATIONS........ 292 292
012 ITEMS LESS THAN 9,164 9,164
$5,000,000.
FLARES
013 FLARES............... 95,297 95,297
FUZES
014 FUZES................ 50,795 50,795
SMALL ARMS
015 SMALL ARMS........... 12,343 12,343
TOTAL PROCUREMENT OF 795,168 714,650
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 8,448 8,448
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 5,804 5,804
VEHICLE.
003 CAP VEHICLES......... 1,066 1,800
Program increase-- [734]
Civil Air Patrol.
004 CARGO AND UTILITY 57,459 57,459
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 97,326 92,326
VEHICLE.
Excess carryover..... [-5,000]
006 SECURITY AND TACTICAL 488 488
VEHICLES.
007 SPECIAL PURPOSE 75,694 77,694
VEHICLES.
CNGB UFR--Temperature [2,000]
control trailers.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 12,525 12,525
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 34,933 34,933
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 9,134 9,134
CLEANING EQU.
011 BASE MAINTENANCE 111,820 103,728
SUPPORT VEHICLES.
Program decrease..... [-8,092]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 66,022 66,022
014 STRATEGIC 885,051 885,051
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 5,809 5,809
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 5,719 5,719
EQUIPMENT.
017 INTELLIGENCE COMM 25,844 25,844
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 44,516 44,516
LANDING SYS.
019 BATTLE CONTROL 2,940 2,940
SYSTEM--FIXED.
020 THEATER AIR CONTROL 43,442 47,842
SYS IMPROVEMEN.
EUCOM UFR--Air base [4,400]
air defens ops
center.
021 3D EXPEDITIONARY LONG- 96,186 248,186
RANGE RADAR.
Air Force UFR--Build [152,000]
command and control
framework.
022 WEATHER OBSERVATION 32,376 32,376
FORECAST.
023 STRATEGIC COMMAND AND 37,950 37,950
CONTROL.
024 CHEYENNE MOUNTAIN 8,258 8,258
COMPLEX.
025 MISSION PLANNING 14,717 14,717
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 43,917 88,247
TECHNOLOGY.
EUCOM UFR--Mission [13,800]
Partner Environment.
INDOPACOM UFR-- [30,530]
Mission Partner
Environment.
028 AF GLOBAL COMMAND & 414 414
CONTROL SYS.
030 MOBILITY COMMAND AND 10,619 10,619
CONTROL.
031 AIR FORCE PHYSICAL 101,896 116,797
SECURITY SYSTEM.
EUCOM UFR--Counter- [1,241]
UAS for UASFE
installations.
EUCOM UFR--Sensors [11,660]
for air base air
defense.
Space Force UFR--Maui [2,000]
Optical Site
security system.
032 COMBAT TRAINING 222,598 222,598
RANGES.
033 COMBAT TRAINING 14,730 14,730
RANGES.
034 MINIMUM ESSENTIAL 77,119 77,119
EMERGENCY COMM N.
035 WIDE AREA 38,794 38,794
SURVEILLANCE (WAS).
036 C3 COUNTERMEASURES... 131,238 131,238
037 INTEGRATED PERSONNEL 15,240 15,240
AND PAY SYSTEM.
038 GCSS-AF FOS.......... 3,959 3,959
040 MAINTENANCE REPAIR & 4,387 4,387
OVERHAUL INITIATIVE.
041 THEATER BATTLE MGT C2 4,052 4,052
SYSTEM.
042 AIR & SPACE 2,224 2,224
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 58,499 58,499
TRANSPT INFRAST
(BITI) WIRED.
044 AFNET................ 65,354 65,354
045 JOINT COMMUNICATIONS 4,377 4,377
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 18,101 18,101
047 USSTRATCOM........... 4,226 4,226
ORGANIZATION AND BASE
048 TACTICAL C-E 162,955 157,817
EQUIPMENT.
Program decrease..... [-5,138]
049 RADIO EQUIPMENT...... 14,232 15,732
Space Force UFR-- [1,500]
radio equipment.
051 BASE COMM 200,797 262,797
INFRASTRUCTURE.
EUCOM UFR--Modernize [55,000]
IT infrastructure.
Space Force UFR-- [7,000]
Lifecycle SIPR/NIP
replacement.
MODIFICATIONS
052 COMM ELECT MODS...... 18,607 18,607
PERSONAL SAFETY &
RESCUE EQUIP
053 PERSONAL SAFETY AND 106,449 106,449
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
054 POWER CONDITIONING 11,274 11,274
EQUIPMENT.
055 MECHANIZED MATERIAL 8,594 8,594
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
056 BASE PROCURED 1 33,251
EQUIPMENT.
CNGB UFR--Modular [25,000]
small arms ranges.
EUCOM UFR--Tactical [8,250]
decoy devices.
057 ENGINEERING AND EOD 32,139 32,139
EQUIPMENT.
058 MOBILITY EQUIPMENT... 63,814 63,814
059 FUELS SUPPORT 17,928 17,928
EQUIPMENT (FSE).
060 BASE MAINTENANCE AND 48,534 48,534
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
062 DARP RC135........... 27,359 27,359
063 DCGS-AF.............. 261,070 261,070
065 SPECIAL UPDATE 777,652 777,652
PROGRAM.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 20,983,908 21,183,908
Program increase..... [200,000]
SPARES AND REPAIR
PARTS
066 SPARES AND REPAIR 978 978
PARTS (CYBER).
067 SPARES AND REPAIR 9,575 9,575
PARTS.
TOTAL OTHER 25,251,137 25,748,022
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
081 AGILE PROCUREMENT 100,000
TRANSITION PILOT.
Program increase..... [100,000]
MAJOR EQUIPMENT, SDA
024 MAJOR EQUIPMENT, DPAA 494 494
047 MAJOR EQUIPMENT, OSD. 31,420 31,420
048 JOINT CAPABILITY TECH 74,060 74,060
DEMONSTRATION (JCTD).
MAJOR EQUIPMENT, NSA
046 INFORMATION SYSTEMS 315 315
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, DISA
010 INFORMATION SYSTEMS 18,923 18,923
SECURITY.
011 TELEPORT PROGRAM..... 34,908 34,908
012 JOINT FORCES 1,968 1,968
HEADQUARTERS--DODIN.
013 ITEMS LESS THAN $5 42,270 42,270
MILLION.
014 DEFENSE INFORMATION 18,025 18,025
SYSTEM NETWORK.
015 WHITE HOUSE 44,522 44,522
COMMUNICATION AGENCY.
016 SENIOR LEADERSHIP 54,592 54,592
ENTERPRISE.
017 JOINT REGIONAL 62,657 62,657
SECURITY STACKS
(JRSS).
018 JOINT SERVICE 102,039 102,039
PROVIDER.
019 FOURTH ESTATE NETWORK 80,645 80,645
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
021 MAJOR EQUIPMENT...... 530,896 510,896
Excess growth........ [-20,000]
MAJOR EQUIPMENT, DCSA
002 MAJOR EQUIPMENT...... 3,014 3,014
MAJOR EQUIPMENT, TJS
049 MAJOR EQUIPMENT, TJS. 7,830 7,830
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
029 THAAD................ 251,543 361,122
MDA UFR--Additional [109,579]
interceptors.
031 AEGIS BMD............ 334,621 334,621
032 AEGIS BMD............ 17,493 17,493
033 BMDS AN/TPY-2 RADARS. 2,738 2,738
034 SM-3 IIAS............ 295,322 336,822
MDA UFR--Additional [41,500]
AURs.
035 ARROW 3 UPPER TIER 62,000 62,000
SYSTEMS.
036 SHORT RANGE BALLISTIC 30,000 30,000
MISSILE DEFENSE
(SRBMD).
037 DEFENSE OF GUAM 40,000 80,000
PROCUREMENT.
INDOPACOM UFR--Guam [40,000]
Defense System.
038 AEGIS ASHORE PHASE 25,866 25,866
III.
039 IRON DOME............ 108,000 108,000
040 AEGIS BMD HARDWARE 81,791 81,791
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
004 PERSONNEL 4,042 4,042
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
026 VEHICLES............. 118 118
027 OTHER MAJOR EQUIPMENT 12,681 12,681
MAJOR EQUIPMENT,
DODEA
023 AUTOMATION/ 2,963 2,963
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
022 MAJOR EQUIPMENT...... 8,498 8,498
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 635,338 635,338
AVIATION PROGRAMS
052 ARMED OVERWATCH/ 170,000 166,000
TARGETING.
Unit cost growth..... [-4,000]
053 MANNED ISR........... 2,500 2,500
054 MC-12................ 2,250 2,250
055 MH-60 BLACKHAWK...... 29,900 29,900
056 ROTARY WING UPGRADES 202,278 202,278
AND SUSTAINMENT.
057 UNMANNED ISR......... 55,951 55,951
058 NON-STANDARD AVIATION 3,282 3,282
059 U-28................. 4,176 4,176
060 MH-47 CHINOOK........ 130,485 130,485
061 CV-22 MODIFICATION... 41,762 47,572
SOCOM UFR--CV-22 [5,810]
reliability
acceleration.
062 MQ-9 UNMANNED AERIAL 8,020 8,020
VEHICLE.
063 PRECISION STRIKE 165,224 165,224
PACKAGE.
064 AC/MC-130J........... 205,216 205,216
065 C-130 MODIFICATIONS.. 13,373 13,373
SHIPBUILDING
066 UNDERWATER SYSTEMS... 17,227 23,327
SOCOM UFR--Combat [5,200]
diving advanced
equipment
acceleration.
SOCOM UFR--Modernized [900]
forward look sonar.
AMMUNITION PROGRAMS
067 ORDNANCE ITEMS <$5M.. 168,072 168,072
OTHER PROCUREMENT
PROGRAMS
068 INTELLIGENCE SYSTEMS. 131,889 131,889
069 DISTRIBUTED COMMON 5,991 5,991
GROUND/SURFACE
SYSTEMS.
070 OTHER ITEMS <$5M..... 62,722 62,722
071 COMBATANT CRAFT 17,080 17,080
SYSTEMS.
072 SPECIAL PROGRAMS..... 44,351 75,531
SOCOM UFR--Medium [31,180]
fixed wing mobility
modifications.
073 TACTICAL VEHICLES.... 26,806 26,806
074 WARRIOR SYSTEMS <$5M. 284,548 294,548
Radio integration [10,000]
system program
upgrade.
075 COMBAT MISSION 27,513 27,513
REQUIREMENTS.
077 OPERATIONAL 20,252 20,252
ENHANCEMENTS
INTELLIGENCE.
078 OPERATIONAL 328,569 389,872
ENHANCEMENTS.
SOCOM UFR--Armored [33,303]
ground mobility
systems acceleration.
SOCOM UFR--Fused [28,000]
panoramic night
vision goggles
acceleration.
CBDP
079 CHEMICAL BIOLOGICAL 167,918 167,918
SITUATIONAL
AWARENESS.
080 CB PROTECTION & 189,265 183,884
HAZARD MITIGATION.
TATPE excess growth.. [-5,381]
TOTAL PROCUREMENT, 5,548,212 5,924,303
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
001 MISCELLANEOUS 950,000
EQUIPMENT.
Program increase..... [950,000]
TOTAL NATIONAL GUARD 950,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 132,205,078 146,884,599
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2022 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 297,241 328,788
.................................. Program increase.................. [22,047]
.................................. Program increase--digital thread [5,000]
for advanced manufacturing.
.................................. Program increase--lightweight high [3,000]
entropy metallic alloy discovery.
.................................. Program increase--unmanned aerial [1,500]
systems hybrid propulsion.
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 66,981 96,981
.................................. Program increase--defense [30,000]
university research
instrumentation program.
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 94,003 103,003
CENTERS.
.................................. Program increase--biotechnology [4,000]
advancements.
.................................. SMART and cognitive research for [5,000]
RF/radar.
004 0601121A CYBER COLLABORATIVE RESEARCH 5,067 5,067
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,183 15,183
MACHINE LEARNING BASIC RESEARCH.
.................................. Program increase--extreme events [5,000]
in structurally evolving
materials.
.................................. SUBTOTAL BASIC RESEARCH........... 473,475 549,022
..................................
.................................. APPLIED RESEARCH
006 0602115A BIOMEDICAL TECHNOLOGY............. 11,925 11,925
007 0602134A COUNTER IMPROVISED-THREAT ADVANCED 1,976 1,976
STUDIES.
008 0602141A LETHALITY TECHNOLOGY.............. 64,126 65,126
.................................. CPF--research and development of [1,000]
next generation explosives and
propellants.
009 0602142A ARMY APPLIED RESEARCH............. 28,654 28,654
010 0602143A SOLDIER LETHALITY TECHNOLOGY...... 105,168 115,168
.................................. Program increase--Pathfinder air [10,000]
assault.
011 0602144A GROUND TECHNOLOGY................. 56,400 105,400
.................................. Additive manufacturing materials.. [8,000]
.................................. CPF--Army Research Lab (ARL) [5,000]
Additive Manufacturing/Machine
Learning (AM/ML) Initiative.
.................................. Military footwear research........ [2,500]
.................................. Modeling enabled multifunctional [6,000]
materials development (MEMMD).
.................................. Program increase--advanced [10,000]
manufacturing materials processes
initiative.
.................................. Program increase--advanced [8,000]
polymers for force protection.
.................................. Program increase--ceramic [2,500]
materials for extreme
environments.
.................................. Program increase--earthen [3,000]
structures soil enhancement.
.................................. Program increase--polar proving [2,000]
ground and training program.
.................................. Program increase--verified [2,000]
inherent control.
012 0602145A NEXT GENERATION COMBAT VEHICLE 172,166 192,666
TECHNOLOGY.
.................................. CPF--high-efficiency truck users [2,500]
forum (HTUF).
.................................. CPF--structural thermoplastics [4,500]
large-scale low-cost tooling
solutions.
.................................. Light detection and ranging [2,500]
(LiDAR) technology.
.................................. Program increase--prototyping [8,000]
energy smart autonomous ground
systems.
.................................. Tactical behaviors for autonomous [3,000]
maneuver.
013 0602146A NETWORK C3I TECHNOLOGY............ 84,606 120,406
.................................. Alternative PNT................... [8,000]
.................................. CPF--future nano- and micro- [6,800]
fabrication - Advanced Materials
Engineering Research Institute.
.................................. CPF--multiple drone, multiple [5,000]
sensor ISR capabilities.
.................................. Distributed radio frequency sensor/ [8,000]
effector technology for strategic
defense.
.................................. Intelligent electronic protection [6,000]
technologies.
.................................. UAS sensor research............... [2,000]
014 0602147A LONG RANGE PRECISION FIRES 64,285 67,285
TECHNOLOGY.
.................................. Program increase--novel printed [3,000]
armaments components.
015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 91,411 91,411
016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 72,566
.................................. Advancement of critical HEL [10,000]
technologies.
.................................. Counter-UAS applied research...... [5,000]
.................................. Cyber electromagnetic (CEMA) [15,000]
missile defender.
.................................. High energy laser integration..... [10,000]
.................................. Program increase--kill chain [8,000]
automation.
.................................. Program increase--precision long [5,250]
range integrated strike.
017 0602180A ARTIFICIAL INTELLIGENCE AND 15,034 15,034
MACHINE LEARNING TECHNOLOGIES.
018 0602181A ALL DOMAIN CONVERGENCE APPLIED 25,967 25,967
RESEARCH.
019 0602182A C3I APPLIED RESEARCH.............. 12,406 12,406
020 0602183A AIR PLATFORM APPLIED RESEARCH..... 6,597 16,597
.................................. High density eVTOL power source... [10,000]
021 0602184A SOLDIER APPLIED RESEARCH.......... 11,064 11,064
022 0602213A C3I APPLIED CYBER................. 12,123 12,123
023 0602386A BIOTECHNOLOGY FOR MATERIALS-- 20,643 20,643
APPLIED RESEARCH.
024 0602785A MANPOWER/PERSONNEL/TRAINING 18,701 18,701
TECHNOLOGY.
025 0602787A MEDICAL TECHNOLOGY................ 91,720 95,720
.................................. CPF--human performance [2,000]
optimization (HPO) center.
.................................. CPF--suicide prevention with focus [2,000]
on rural, remote, isolated, and
OCONUS locations.
.................................. SUBTOTAL APPLIED RESEARCH......... 914,288 1,100,838
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603002A MEDICAL ADVANCED TECHNOLOGY....... 43,804 43,804
027 0603007A MANPOWER, PERSONNEL AND TRAINING 14,273 14,273
ADVANCED TECHNOLOGY.
028 0603025A ARMY AGILE INNOVATION AND 22,231 22,231
DEMONSTRATION.
029 0603040A ARTIFICIAL INTELLIGENCE AND 909 909
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
030 0603041A ALL DOMAIN CONVERGENCE ADVANCED 17,743 17,743
TECHNOLOGY.
031 0603042A C3I ADVANCED TECHNOLOGY........... 3,151 3,151
032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 754 754
033 0603044A SOLDIER ADVANCED TECHNOLOGY....... 890 890
034 0603115A MEDICAL DEVELOPMENT............... 26,521 26,521
035 0603116A LETHALITY ADVANCED TECHNOLOGY..... 8,066 8,066
036 0603117A ARMY ADVANCED TECHNOLOGY 76,815 76,815
DEVELOPMENT.
037 0603118A SOLDIER LETHALITY ADVANCED 107,966 115,966
TECHNOLOGY.
.................................. Program increase.................. [8,000]
038 0603119A GROUND ADVANCED TECHNOLOGY........ 23,403 68,403
.................................. Additive manufacturing [14,000]
capabilities for austere
operating environments.
.................................. CPF--military operations in a [3,000]
permafrost environment.
.................................. Ground advanced technology--3D [2,000]
printed structures.
.................................. Polar research and testing........ [4,000]
.................................. Program increase--3D printing of [5,000]
infrastructure.
.................................. Program increase--cold weather [2,000]
research.
.................................. Program increase--entry control [5,000]
points at installations.
.................................. Program increase--graphene [2,000]
applications for military
engineering.
.................................. Program increase--rapid entry and [8,000]
sustainment for the arctic.
039 0603134A COUNTER IMPROVISED-THREAT 24,747 24,747
SIMULATION.
040 0603386A BIOTECHNOLOGY FOR MATERIALS-- 53,736 53,736
ADVANCED RESEARCH.
041 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 31,426 31,426
042 0603461A HIGH PERFORMANCE COMPUTING 189,123 229,123
MODERNIZATION PROGRAM.
.................................. Program increase.................. [40,000]
043 0603462A NEXT GENERATION COMBAT VEHICLE 164,951 179,951
ADVANCED TECHNOLOGY.
.................................. Cyber and connected vehicle [3,500]
integration research.
.................................. Program increase--combat vehicle [1,500]
lithium 6T battery development.
.................................. Robotics development.............. [5,000]
.................................. Vehicle cyber security research... [5,000]
044 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 155,867 161,867
.................................. C3I assured position, navigation, [4,000]
and timing technology.
.................................. Command post modernization........ [2,000]
045 0603464A LONG RANGE PRECISION FIRES 93,909 113,909
ADVANCED TECHNOLOGY.
.................................. Missile effects planning tool [10,000]
development.
.................................. Project AG5....................... [10,000]
046 0603465A FUTURE VERTICAL LIFT ADVANCED 179,677 187,677
TECHNOLOGY.
.................................. Program increase--20mm chaingun [8,000]
development for FLARA.
047 0603466A AIR AND MISSILE DEFENSE ADVANCED 48,826 68,826
TECHNOLOGY.
.................................. Program increase--armored combat [10,000]
vehicle HEL integration.
.................................. Program increase--missile MENTOR.. [10,000]
048 0603920A HUMANITARIAN DEMINING............. 8,649 8,649
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,297,437 1,459,437
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
049 0603305A ARMY MISSILE DEFENSE SYSTEMS 11,702 25,702
INTEGRATION.
.................................. Electro-magnetic denial and [6,000]
protect.
.................................. PNT resiliency lab................ [8,000]
050 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 18,755 20,755
.................................. Program increase--multi-function [2,000]
and multi-mission payload.
051 0603327A AIR AND MISSILE DEFENSE SYSTEMS 5,000
ENGINEERING.
.................................. Program increase--machine learning [5,000]
for integrated fires.
052 0603619A LANDMINE WARFARE AND BARRIER--ADV 50,314 48,814
DEV.
.................................. Test and evaluation excess........ [-1,500]
053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 77,373
.................................. Testing excess.................... [-2,500]
054 0603645A ARMORED SYSTEM MODERNIZATION--ADV 170,590 166,590
DEV.
.................................. Excess to need.................... [-4,000]
055 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 2,897 2,897
056 0603766A TACTICAL ELECTRONIC SURVEILLANCE 113,365 113,365
SYSTEM--ADV DEV.
057 0603774A NIGHT VISION SYSTEMS ADVANCED 18,000 21,804
DEVELOPMENT.
.................................. Soldier maneuver sensors adv dev [3,804]
lethality smart system--Army UPL.
058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 11,921 11,921
DEM/VAL.
059 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,777 3,777
060 0603801A AVIATION--ADV DEV................. 1,125,641 1,134,141
.................................. Excess to need.................... [-24,500]
.................................. Program increase--FLRAA........... [33,000]
061 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,055 7,055
ADV DEV.
062 0603807A MEDICAL SYSTEMS--ADV DEV.......... 22,071 22,071
063 0603827A SOLDIER SYSTEMS--ADVANCED 17,459 17,459
DEVELOPMENT.
064 0604017A ROBOTICS DEVELOPMENT.............. 87,198 75,048
.................................. Excess carryover.................. [-7,150]
.................................. Unjustified growth--other support [-5,000]
costs.
065 0604019A EXPANDED MISSION AREA MISSILE 50,674 43,674
(EMAM).
.................................. IFPC-HEL late contract award...... [-7,000]
067 0604035A LOW EARTH ORBIT (LEO) SATELLITE 19,638 19,638
CAPABILITY.
068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 50,548 50,548
ADV DEV.
069 0604037A TACTICAL INTEL TARGETING ACCESS 28,347 28,347
NODE (TITAN) ADV DEV.
070 0604100A ANALYSIS OF ALTERNATIVES.......... 10,091 10,091
071 0604101A SMALL UNMANNED AERIAL VEHICLE 926 926
(SUAV) (6.4).
072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 69,697 75,697
SYSTEM (FTUAS).
.................................. Army UFR--Acceleration of FTUAS... [6,000]
073 0604114A LOWER TIER AIR MISSILE DEFENSE 327,690 307,567
(LTAMD) SENSOR.
.................................. Long term power and support costs [-20,123]
ahead of need.
074 0604115A TECHNOLOGY MATURATION INITIATIVES. 270,124 180,324
.................................. Insufficient justification........ [-80,000]
.................................. Program decrease.................. [-9,800]
075 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 39,376 39,376
(M-SHORAD).
076 0604119A ARMY ADVANCED COMPONENT 189,483 189,483
DEVELOPMENT & PROTOTYPING.
077 0604120A ASSURED POSITIONING, NAVIGATION 96,679 96,679
AND TIMING (PNT).
078 0604121A SYNTHETIC TRAINING ENVIRONMENT 194,195 196,795
REFINEMENT & PROTOTYPING.
.................................. Prior-year carryover.............. [-2,000]
.................................. Program increase--multi-sensor [4,600]
terrain data capture and
processing.
079 0604134A COUNTER IMPROVISED-THREAT 13,379 13,379
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
080 0604182A HYPERSONICS....................... 300,928 300,928
081 0604403A FUTURE INTERCEPTOR................ 7,895 7,895
082 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 19,148 19,148
SYSTEMS ADVANCED DEVELOPMENT.
083 0604541A UNIFIED NETWORK TRANSPORT......... 35,409 35,409
084 0604644A MOBILE MEDIUM RANGE MISSILE....... 286,457 286,457
085 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,040 2,040
ACTIVITY 4).
086 0305251A CYBERSPACE OPERATIONS FORCES AND 52,988 52,988
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,806,330 3,711,161
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
089 0604201A AIRCRAFT AVIONICS................. 6,654 6,654
090 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 30,840 26,440
.................................. Early to need..................... [-4,400]
091 0604601A INFANTRY SUPPORT WEAPONS.......... 67,873 72,873
.................................. Program increase--turret gunner [5,000]
survivability and simulation
environment.
092 0604604A MEDIUM TACTICAL VEHICLES.......... 11,374 11,374
093 0604611A JAVELIN........................... 7,094 7,094
094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 31,602 30,077
.................................. Leader/follower test support ahead [-1,525]
of need.
095 0604633A AIR TRAFFIC CONTROL............... 4,405 4,405
096 0604642A LIGHT TACTICAL WHEELED VEHICLES... 2,055 7,655
.................................. Army UFR--Electric light [5,600]
reconnaissance vehicle.
097 0604645A ARMORED SYSTEMS MODERNIZATION 137,256 135,506
(ASM)--ENG DEV.
.................................. Government support excess......... [-1,750]
098 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,690 112,690
.................................. Transfer from Other Procurement, [50,000]
Army line 83.
099 0604713A COMBAT FEEDING, CLOTHING, AND 1,658 1,658
EQUIPMENT.
100 0604715A NON-SYSTEM TRAINING DEVICES--ENG 26,540 26,540
DEV.
101 0604741A AIR DEFENSE COMMAND, CONTROL AND 59,518 59,518
INTELLIGENCE--ENG DEV.
102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 22,331 22,331
DEVELOPMENT.
103 0604746A AUTOMATIC TEST EQUIPMENT 8,807 8,807
DEVELOPMENT.
104 0604760A DISTRIBUTIVE INTERACTIVE 7,453 7,453
SIMULATIONS (DIS)--ENG DEV.
107 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,534 21,534
EVALUATION.
108 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 309,778 306,722
.................................. C-DAEM overestimation............. [-3,056]
109 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 59,261 52,261
ENG DEV.
.................................. Excess carryover.................. [-7,000]
110 0604805A COMMAND, CONTROL, COMMUNICATIONS 20,121 20,121
SYSTEMS--ENG DEV.
111 0604807A MEDICAL MATERIEL/MEDICAL 44,424 44,424
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
112 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 14,137 9,137
.................................. Insufficient justification........ [-5,000]
113 0604818A ARMY TACTICAL COMMAND & CONTROL 162,704 162,704
HARDWARE & SOFTWARE.
114 0604820A RADAR DEVELOPMENT................. 127,919 127,919
115 0604822A GENERAL FUND ENTERPRISE BUSINESS 17,623 17,623
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,454 6,454
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 106,354 127,354
SYSTEMS--EMD.
.................................. Army UFR--Active protection [21,000]
systems for Bradley and Stryker.
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168
.................................. GFIM unjustified growth........... [-2,000]
121 0605018A INTEGRATED PERSONNEL AND PAY 76,936 58,736
SYSTEM-ARMY (IPPS-A).
.................................. Program decrease.................. [-18,200]
122 0605028A ARMORED MULTI-PURPOSE VEHICLE 35,560 35,560
(AMPV).
124 0605030A JOINT TACTICAL NETWORK CENTER 16,364 16,364
(JTNC).
125 0605031A JOINT TACTICAL NETWORK (JTN)...... 28,954 28,954
128 0605035A COMMON INFRARED COUNTERMEASURES 16,630 16,630
(CIRCM).
130 0605038A NUCLEAR BIOLOGICAL CHEMICAL 7,618 7,618
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 18,892 13,892
.................................. Cyber situational understanding [-5,000]
reduction.
132 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,849 28,849
(LOW-TIER).
133 0605047A CONTRACT WRITING SYSTEM........... 22,960 20,960
.................................. Program reduction................. [-2,000]
135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603
136 0605052A INDIRECT FIRE PROTECTION 233,512 233,512
CAPABILITY INC 2--BLOCK 1.
137 0605053A GROUND ROBOTICS................... 18,241 18,241
138 0605054A EMERGING TECHNOLOGY INITIATIVES... 254,945 254,945
139 0605143A BIOMETRICS ENABLING CAPABILITY 4,326 4,326
(BEC).
140 0605144A NEXT GENERATION LOAD DEVICE-- 15,616 15,616
MEDIUM.
141 0605145A MEDICAL PRODUCTS AND SUPPORT 962 962
SYSTEMS DEVELOPMENT.
142 0605148A TACTICAL INTEL TARGETING ACCESS 54,972 54,972
NODE (TITAN) EMD.
143 0605203A ARMY SYSTEM DEVELOPMENT & 122,175 122,175
DEMONSTRATION.
144 0605205A SMALL UNMANNED AERIAL VEHICLE 2,275 2,275
(SUAV) (6.5).
145 0605224A MULTI-DOMAIN INTELLIGENCE......... 9,313 9,313
146 0605225A SIO CAPABILITY DEVELOPMENT........ 22,713 22,713
147 0605231A PRECISION STRIKE MISSILE (PRSM)... 188,452 188,452
148 0605232A HYPERSONICS EMD................... 111,473 111,473
149 0605233A ACCESSIONS INFORMATION ENVIRONMENT 18,790 18,790
(AIE).
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134
151 0605457A ARMY INTEGRATED AIR AND MISSILE 157,873 157,873
DEFENSE (AIAMD).
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 33,386 33,386
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 225,106 203,106
.................................. Excess carryover.................. [-10,000]
.................................. Unjustified growth--other support [-7,000]
costs.
.................................. Unjustified growth--program [-5,000]
management.
154 0605766A NATIONAL CAPABILITIES INTEGRATION 14,454 14,454
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 2,564 2,564
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,201 1,201
157 0303032A TROJAN--RH12...................... 3,362 3,362
161 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 75,520 75,520
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,392,358 3,402,027
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
162 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,439 18,439
163 0604258A TARGET SYSTEMS DEVELOPMENT........ 17,404 17,404
164 0604759A MAJOR T&E INVESTMENT.............. 68,139 68,139
165 0605103A RAND ARROYO CENTER................ 33,126 33,126
166 0605301A ARMY KWAJALEIN ATOLL.............. 240,877 240,877
167 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 79,710 79,710
169 0605601A ARMY TEST RANGES AND FACILITIES... 354,227 354,227
170 0605602A ARMY TECHNICAL TEST 49,253 49,253
INSTRUMENTATION AND TARGETS.
171 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,389 36,389
172 0605606A AIRCRAFT CERTIFICATION............ 2,489 2,489
173 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,689 6,689
ACTIVITIES.
174 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,558 21,558
175 0605709A EXPLOITATION OF FOREIGN ITEMS..... 13,631 13,631
176 0605712A SUPPORT OF OPERATIONAL TESTING.... 55,122 55,122
177 0605716A ARMY EVALUATION CENTER............ 65,854 65,854
178 0605718A ARMY MODELING & SIM X-CMD 2,633 2,633
COLLABORATION & INTEG.
179 0605801A PROGRAMWIDE ACTIVITIES............ 96,589 96,589
180 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,808 26,808
181 0605805A MUNITIONS STANDARDIZATION, 43,042 48,042
EFFECTIVENESS AND SAFETY.
.................................. Program increase--polymer case [5,000]
ammunition.
182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,789 1,789
MGMT SUPPORT.
183 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 52,108 52,108
R&D - MHA.
185 0606002A RONALD REAGAN BALLISTIC MISSILE 80,952 80,952
DEFENSE TEST SITE.
186 0606003A COUNTERINTEL AND HUMAN INTEL 5,363 5,363
MODERNIZATION.
187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 39,041 39,041
188 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,466 5,466
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,416,698 1,421,698
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 12,314 12,314
191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,868 8,868
192 0607131A WEAPONS AND MUNITIONS PRODUCT 22,828 30,828
IMPROVEMENT PROGRAMS.
.................................. Agile manufacturing for advanced [8,000]
armament systems.
194 0607136A BLACKHAWK PRODUCT IMPROVEMENT 4,773 4,773
PROGRAM.
195 0607137A CHINOOK PRODUCT IMPROVEMENT 52,372 70,372
PROGRAM.
.................................. CH-47 Chinook cargo on/off loading [8,000]
system.
.................................. Program increase--T55-714C [10,000]
acceleration.
196 0607139A IMPROVED TURBINE ENGINE PROGRAM... 275,024 315,024
.................................. Army improved turbine engine [40,000]
program.
197 0607142A AVIATION ROCKET SYSTEM PRODUCT 12,417 12,417
IMPROVEMENT AND DEVELOPMENT.
198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 4,594 4,594
PRODUCTS.
199 0607145A APACHE FUTURE DEVELOPMENT......... 10,067 25,067
.................................. Program increase.................. [15,000]
200 0607148A AN/TPQ-53 COUNTERFIRE TARGET 56,681 56,681
ACQUISITION RADAR SYSTEM.
201 0607150A INTEL CYBER DEVELOPMENT........... 3,611 12,471
.................................. Army UFR--Cyber-Info Dominance [8,860]
Center.
202 0607312A ARMY OPERATIONAL SYSTEMS 28,029 28,029
DEVELOPMENT.
203 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 5,673 5,673
204 0607665A FAMILY OF BIOMETRICS.............. 1,178 1,178
205 0607865A PATRIOT PRODUCT IMPROVEMENT....... 125,932 125,932
206 0203728A JOINT AUTOMATED DEEP OPERATION 25,547 25,547
COORDINATION SYSTEM (JADOCS).
207 0203735A COMBAT VEHICLE IMPROVEMENT 211,523 276,523
PROGRAMS.
.................................. Program increase--Abrams [65,000]
modernization.
208 0203743A 155MM SELF-PROPELLED HOWITZER 213,281 208,136
IMPROVEMENTS.
.................................. Excess carryover.................. [-5,145]
210 0203752A AIRCRAFT ENGINE COMPONENT 132 132
IMPROVEMENT PROGRAM.
211 0203758A DIGITIZATION...................... 3,936 3,936
212 0203801A MISSILE/AIR DEFENSE PRODUCT 127 127
IMPROVEMENT PROGRAM.
213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,265 10,265
PROGRAMS.
214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 262 262
OPERATIONAL SYSTEM DEV.
215 0205456A LOWER TIER AIR AND MISSILE DEFENSE 182 182
(AMD) SYSTEM.
216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 63,937 63,937
SYSTEM (GMLRS).
217 0208053A JOINT TACTICAL GROUND SYSTEM...... 13,379 13,379
219 0303028A SECURITY AND INTELLIGENCE 24,531 24,531
ACTIVITIES.
220 0303140A INFORMATION SYSTEMS SECURITY 15,720 11,720
PROGRAM.
.................................. Carryover......................... [-4,000]
221 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 52,739 61,739
.................................. Army UFR--ERP convergence/ [9,000]
modernization.
222 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 15,247 15,247
226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430
227 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 8,410 8,410
228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 24,460 24,460
233 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,066 2,066
234 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,720 76,720
ACTIVITIES.
.................................. Digital night vision cameras...... [15,000]
.................................. SUBTOTAL UNDISTRIBUTED............ 169,715
999 9999999999 CLASSIFIED PROGRAMS............... 2,993 2,993
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,380,248 1,549,963
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
237 0608041A DEFENSIVE CYBER--SOFTWARE 118,811 118,811
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 118,811 118,811
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 12,799,645 13,312,957
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 117,448 167,448
.................................. Defense university research [20,000]
instrumentation program.
.................................. University research programs...... [30,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 23,399
RESEARCH.
.................................. Program increase.................. [23,399]
003 0601153N DEFENSE RESEARCH SCIENCES......... 484,421 489,406
.................................. CPF--Digital twins for Navy [1,985]
maintenance.
.................................. Program increase.................. [3,000]
.................................. SUBTOTAL BASIC RESEARCH........... 601,869 680,253
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 23,013 31,013
.................................. Program increase--multi-mission [8,000]
UAV-borne electronic attack.
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,888 138,388
.................................. Relative positioning of autonomous [3,000]
platforms.
.................................. Resilient Innovative Sustainable [2,000]
Economies via University
Partnerships (RISE-UP).
.................................. Talent and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 51,112 58,612
TECHNOLOGY.
.................................. Program increase--unmanned [7,500]
logistics solutions.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,477 51,477
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,547 78,547
RESEARCH.
.................................. Anti-corrosion nanotechnologies... [3,000]
.................................. High mobility ground robots to [5,000]
assist dismounted infantry in
urban operations.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 85,157 85,157
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 70,086 70,086
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,405 6,405
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,484 98,984
.................................. Academic partnerships for undersea [16,500]
vehicle research and
manufacturing.
.................................. Continuous distributed sensing [4,000]
systems.
.................................. CPF--connected AI for autonomous [5,000]
UUV systems.
.................................. CPF--persistent maritime [5,000]
surveillance.
.................................. Program increase--undersea warfare [11,000]
applied research ocean aero.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,356 193,356
RESEARCH.
.................................. Program increase--long endurance, [20,000]
autonomous mobile acoustic
detection systems.
014 0602782N MINE AND EXPEDITIONARY WARFARE 32,160 32,160
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 152,976 152,976
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 79,254 79,254
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 975,915 1,076,415
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 21,661 21,661
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,146 8,146
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 224,155 274,055
DEMONSTRATION (ATD).
.................................. Marine Corps UFR--Maritime [5,300]
Targeting Cell-Expeditionary.
.................................. Marine Corps UFR--Unmanned [10,000]
adversary technology investment.
.................................. Next generation logistics-- [9,600]
autonomous littoral connector.
.................................. Program increase--low-cost [25,000]
atrittable aircraft technology.
020 0603651M JOINT NON-LETHAL WEAPONS 13,429 13,429
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 265,299 265,299
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 57,236 57,236
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,935 4,935
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 47,167 47,167
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,981 1,981
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,779 153,779
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Attritable group III ultra-long [10,000]
endurance unmanned aircraft for
persistent ISR.
.................................. Program increase--railgun......... [10,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 777,788 847,688
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 16,879 16,879
028 0603178N MEDIUM AND LARGE UNMANNED SURFACE 144,846 102,846
VEHICLES (USVS).
.................................. LUSV integrated combat system [-42,000]
early to need.
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 27,849 27,849
030 0603216N AVIATION SURVIVABILITY............ 16,815 16,815
031 0603239N NAVAL CONSTRUCTION FORCES......... 5,290 5,290
033 0603254N ASW SYSTEMS DEVELOPMENT........... 17,612 17,612
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,111 3,111
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310
036 0603502N SURFACE AND SHALLOW WATER MINE 58,013 58,013
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 1,862 1,862
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,182 7,182
039 0603525N PILOT FISH........................ 408,087 408,087
040 0603527N RETRACT LARCH..................... 44,197 44,197
041 0603536N RETRACT JUNIPER................... 144,541 144,541
042 0603542N RADIOLOGICAL CONTROL.............. 761 761
043 0603553N SURFACE ASW....................... 1,144 1,144
044 0603561N ADVANCED SUBMARINE SYSTEM 99,782 99,782
DEVELOPMENT.
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 111,590 111,590
047 0603564N SHIP PRELIMINARY DESIGN & 106,957 106,957
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 203,572 203,572
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122
050 0603576N CHALK EAGLE....................... 80,270 80,270
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 84,924 84,924
052 0603582N COMBAT SYSTEM INTEGRATION......... 17,322 17,322
053 0603595N OHIO REPLACEMENT.................. 296,231 303,731
.................................. Program increase--composites [7,500]
development.
054 0603596N LCS MISSION MODULES............... 75,995 75,995
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 7,805 7,805
056 0603599N FRIGATE DEVELOPMENT............... 109,459 109,459
057 0603609N CONVENTIONAL MUNITIONS............ 7,296 7,296
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 77,065 67,707
SYSTEM.
.................................. Armored reconnaissance vehicle GFE [-4,400]
excess to need.
.................................. Armored reconnaissance vehicle [-4,958]
testing early to need.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 34,785 34,785
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 8,774 8,774
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 20,677 20,677
062 0603724N NAVY ENERGY PROGRAM............... 33,824 43,824
.................................. AR3P auto refueling system........ [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 6,327 6,327
064 0603734N CHALK CORAL....................... 579,389 579,389
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 669 669
066 0603746N RETRACT MAPLE..................... 295,295 295,295
067 0603748N LINK PLUMERIA..................... 692,280 692,280
068 0603751N RETRACT ELM....................... 83,904 83,904
069 0603764M LINK EVERGREEN.................... 221,253 264,453
.................................. Marine Corps UFR--Additional [43,200]
development.
071 0603790N NATO RESEARCH AND DEVELOPMENT..... 5,805 5,805
072 0603795N LAND ATTACK TECHNOLOGY............ 4,017 4,017
073 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 29,589 29,589
074 0603860N JOINT PRECISION APPROACH AND 24,450 24,450
LANDING SYSTEMS--DEM/VAL.
075 0603925N DIRECTED ENERGY AND ELECTRIC 81,803 81,803
WEAPON SYSTEMS.
076 0604014N F/A -18 INFRARED SEARCH AND TRACK 48,793 48,793
(IRST).
077 0604027N DIGITAL WARFARE OFFICE............ 46,769 55,752
.................................. Navy UFR--Accelerate Naval [8,983]
Tactical Grid Development for
Joint All-Domain Command and
Control (JADC2).
078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 84,676 84,676
VEHICLES.
079 0604029N UNMANNED UNDERSEA VEHICLE CORE 59,299 59,299
TECHNOLOGIES.
081 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 88,063 81,407
.................................. Contract award excess to need..... [-6,656]
082 0604112N GERALD R. FORD CLASS NUCLEAR 121,509 121,509
AIRCRAFT CARRIER (CVN 78--80).
083 0604126N LITTORAL AIRBORNE MCM............. 18,669 15,187
.................................. COBRA Block II early to need...... [-3,482]
084 0604127N SURFACE MINE COUNTERMEASURES...... 13,655 13,655
085 0604272N TACTICAL AIR DIRECTIONAL INFRARED 33,246 33,246
COUNTERMEASURES (TADIRCM).
086 0604289M NEXT GENERATION LOGISTICS......... 1,071 1,071
087 0604292N FUTURE VERTICAL LIFT (MARITIME 9,825 9,825
STRIKE).
088 0604320M RAPID TECHNOLOGY CAPABILITY 6,555 6,555
PROTOTYPE.
089 0604454N LX (R)............................ 3,344 3,344
090 0604536N ADVANCED UNDERSEA PROTOTYPING..... 58,473 51,283
.................................. Test and evaluation excess to need [-7,190]
091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,529 5,529
(C-UAS).
092 0604659N PRECISION STRIKE WEAPONS 97,944 97,944
DEVELOPMENT PROGRAM.
093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,340 9,340
ARCHITECTURE/ENGINEERING SUPPORT.
094 0604786N OFFENSIVE ANTI-SURFACE WARFARE 127,756 104,756
WEAPON DEVELOPMENT.
.................................. Project 3343 lack of program [-23,000]
justification.
095 0605512N MEDIUM UNMANNED SURFACE VEHICLES 60,028 60,028
(MUSVS)).
096 0605513N UNMANNED SURFACE VEHICLE ENABLING 170,838 123,838
CAPABILITIES.
.................................. USV machinery qualification [-47,000]
insufficient justification.
097 0605514M GROUND BASED ANTI-SHIP MISSILE 102,716 102,716
(MARFORRES).
098 0605516M LONG RANGE FIRES (MARFORRES)...... 88,479 88,479
099 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,372,340 1,498,340
.................................. Navy UFR--Additional CPS [126,000]
development.
100 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 8,571 8,571
101 0304240M ADVANCED TACTICAL UNMANNED 16,204 23,204
AIRCRAFT SYSTEM.
.................................. Program increase--K-max unmanned [7,000]
logistics system.
102 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 506 506
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 7,077,987 7,141,984
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
103 0603208N TRAINING SYSTEM AIRCRAFT.......... 5,864 5,864
104 0604212N OTHER HELO DEVELOPMENT............ 56,444 49,312
.................................. Attack and utility replacement [-7,132]
aircraft excess studies and
analysis.
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 10,146 10,146
106 0604215N STANDARDS DEVELOPMENT............. 4,082 4,082
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 46,418 54,418
DEVELOPMENT.
.................................. Program increase--MH-60 [8,000]
modernization.
108 0604221N P-3 MODERNIZATION PROGRAM......... 579 579
109 0604230N WARFARE SUPPORT SYSTEM............ 10,167 10,167
110 0604231N COMMAND AND CONTROL SYSTEMS....... 122,913 122,913
111 0604234N ADVANCED HAWKEYE.................. 386,860 386,860
112 0604245M H-1 UPGRADES...................... 50,158 50,158
113 0604261N ACOUSTIC SEARCH SENSORS........... 46,066 46,066
114 0604262N V-22A............................. 107,984 107,984
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 22,746 22,746
116 0604269N EA-18............................. 68,425 68,425
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 139,535 136,593
.................................. Dual band decoy previously funded. [-2,942]
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,932 45,932
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 243,923 235,423
.................................. Test and evaluation delays........ [-8,500]
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 234,434 243,417
(JTRS-NAVY).
.................................. Navy tactical grid development for [8,983]
JADC2.
121 0604282N NEXT GENERATION JAMMER (NGJ) 248,096 230,100
INCREMENT II.
.................................. Contract delays................... [-17,996]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 371,575 371,575
ENGINEERING.
123 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 904 904
124 0604329N SMALL DIAMETER BOMB (SDB)......... 46,769 46,769
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 343,511 343,511
126 0604373N AIRBORNE MCM...................... 10,881 10,881
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 46,121 52,621
COUNTER AIR SYSTEMS ENGINEERING.
.................................. Program increase--stratospheric [6,500]
balloons.
128 0604419N ADVANCED SENSORS APPLICATION 15,000
PROGRAM (ASAP).
.................................. Program increase.................. [15,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 77,852 77,852
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 95,693 95,693
131 0604504N AIR CONTROL....................... 27,499 27,499
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 8,924 8,924
133 0604518N COMBAT INFORMATION CENTER 11,631 11,631
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 96,556 96,556
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 147 147
136 0604558N NEW DESIGN SSN.................... 503,252 603,252
.................................. SSN Block VI design and advanced [100,000]
capabilities.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,115 62,115
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 54,829 54,829
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,290 4,290
140 0604601N MINE DEVELOPMENT.................. 76,027 65,646
.................................. Encapsulated effector contract [-10,381]
delays.
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 94,386 94,386
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,348 8,348
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 42,144 42,144
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,375 7,375
AND HUMAN FACTORS.
146 0604755N SHIP SELF DEFENSE (DETECT & 149,433 149,433
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 87,862 84,488
KILL).
.................................. Project 0173 MK9 CWTI replacement [-3,374]
delay.
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 69,006 69,006
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 20,684 20,684
150 0604771N MEDICAL DEVELOPMENT............... 3,967 11,467
.................................. Program increase--autonomous [7,500]
aerial technology for distributed
logistics.
151 0604777N NAVIGATION/ID SYSTEM.............. 48,837 48,837
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 577 577
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 262 262
154 0604850N SSN(X)............................ 29,829 29,829
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892
.................................. Contract writing systems reduction [-3,936]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,426 8,426
158 0605180N TACAMO MODERNIZATION.............. 150,592 90,472
.................................. Unjustified air vehicle [-60,120]
acquisition strategy.
159 0605212M CH-53K RDTE....................... 256,903 256,903
160 0605215N MISSION PLANNING.................. 88,128 88,128
161 0605217N COMMON AVIONICS................... 60,117 92,017
.................................. Marine Corps UFR--MANGL Digital [31,900]
Interoperability.
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 6,320 6,320
163 0605327N T-AO 205 CLASS.................... 4,336 4,336
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 268,937 268,937
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 27,279 27,279
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 173,784 173,784
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 80,709 80,709
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,005 2,005
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 112,576 112,576
174 0304785N ISR & INFO OPERATIONS............. 136,140 133,781
.................................. Program decrease.................. [-2,359]
175 0306250M CYBER OPERATIONS TECHNOLOGY 26,318 26,318
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,910,089 5,971,232
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
176 0604256N THREAT SIMULATOR DEVELOPMENT...... 20,862 20,862
177 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,113 12,113
178 0604759N MAJOR T&E INVESTMENT.............. 84,617 84,617
179 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,108 3,108
180 0605154N CENTER FOR NAVAL ANALYSES......... 38,590 38,590
183 0605804N TECHNICAL INFORMATION SERVICES.... 934 934
184 0605853N MANAGEMENT, TECHNICAL & 93,966 93,966
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,538 3,538
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 135,149 135,149
187 0605864N TEST AND EVALUATION SUPPORT....... 429,277 429,277
188 0605865N OPERATIONAL TEST AND EVALUATION 24,872 24,872
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 17,653 17,653
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,065 8,065
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 47,042 44,042
.................................. Wargaming capability project [-3,000]
restructured.
192 0605898N MANAGEMENT HQ--R&D................ 35,614 35,614
193 0606355N WARFARE INNOVATION MANAGEMENT..... 38,958 38,958
194 0305327N INSIDER THREAT.................... 2,581 2,581
195 0902498N MANAGEMENT HEADQUARTERS 1,747 1,747
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 998,686 995,686
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604840M F-35 C2D2......................... 515,746 515,746
200 0604840N F-35 C2D2......................... 481,962 481,962
201 0605520M MARINE CORPS AIR DEFENSE WEAPONS 65,381 65,381
SYSTEMS (MARFORRES).
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 176,486 176,486
(CEC).
203 0101221N STRATEGIC SUB & WEAPONS SYSTEM 177,098 198,998
SUPPORT.
.................................. D5LE2 integration and test early [-2,100]
to need.
.................................. Next generation strategic inertial [9,000]
measurement unit.
.................................. Strategic weapons system shipboard [15,000]
navigation modernization.
204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,775 45,775
205 0101226N SUBMARINE ACOUSTIC WARFARE 64,752 64,752
DEVELOPMENT.
206 0101402N NAVY STRATEGIC COMMUNICATIONS..... 35,451 35,451
207 0204136N F/A-18 SQUADRONS.................. 189,224 196,224
.................................. Program increase--neural network [3,000]
algorithms on advanced processors.
.................................. Program increase--noise reduction [4,000]
research.
208 0204228N SURFACE SUPPORT................... 13,733 13,733
209 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,181 132,181
PLANNING CENTER (TMPC).
210 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 84,276 84,276
211 0204313N SHIP-TOWED ARRAY SURVEILLANCE 6,261 6,261
SYSTEMS.
212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,657 1,657
(DISPLACEMENT CRAFT).
213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 21,367 68,367
ATOR).
.................................. Marine Corps UFR--Air traffic [23,000]
control Block IV development.
.................................. Marine Corps UFR--Radar signal [12,000]
processor refresh.
.................................. Marine Corps UFR--Software mods to [12,000]
implement NIFC.
214 0204571N CONSOLIDATED TRAINING SYSTEMS 56,741 56,741
DEVELOPMENT.
215 0204575N ELECTRONIC WARFARE (EW) READINESS 62,006 62,006
SUPPORT.
216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 125,823
.................................. Program decrease.................. [-7,697]
217 0205620N SURFACE ASW COMBAT SYSTEM 28,804 28,804
INTEGRATION.
218 0205632N MK-48 ADCAP....................... 114,492 114,492
219 0205633N AVIATION IMPROVEMENTS............. 132,486 132,486
220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 113,760 113,760
221 0206313M MARINE CORPS COMMUNICATIONS 89,897 92,697
SYSTEMS.
.................................. Compact solid state antenna--USMC [2,800]
UPL.
222 0206335M COMMON AVIATION COMMAND AND 9,324 12,824
CONTROL SYSTEM (CAC2S).
.................................. Marine Corps UFR--Software [3,500]
development for NIFC integration.
223 0206623M MARINE CORPS GROUND COMBAT/ 108,235 108,235
SUPPORTING ARMS SYSTEMS.
224 0206624M MARINE CORPS COMBAT SERVICES 13,185 13,185
SUPPORT.
225 0206625M USMC INTELLIGENCE/ELECTRONIC 37,695 44,295
WARFARE SYSTEMS (MIP).
.................................. Marine Corps UFR--G-BOSS High [3,700]
Definition modernization.
.................................. Marine Corps UFR--SCINet [2,900]
transition.
226 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 7,551 7,551
227 0207161N TACTICAL AIM MISSILES............. 23,881 23,881
228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 32,564 32,564
MISSILE (AMRAAM).
229 0208043N PLANNING AND DECISION AID SYSTEM 3,101 3,101
(PDAS).
234 0303138N AFLOAT NETWORKS................... 30,890 35,690
.................................. Navy UFR--Accelerate Naval [4,800]
Tactical Grid Development for
Joint All-Domain Command and
Control (JADC2).
235 0303140N INFORMATION SYSTEMS SECURITY 33,311 33,311
PROGRAM.
236 0305192N MILITARY INTELLIGENCE PROGRAM 7,514 7,514
(MIP) ACTIVITIES.
237 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,837 9,837
238 0305205N UAS INTEGRATION AND 9,797 9,797
INTEROPERABILITY.
239 0305208M DISTRIBUTED COMMON GROUND/SURFACE 38,800 38,800
SYSTEMS.
240 0305220N MQ-4C TRITON...................... 13,029 13,029
241 0305231N MQ-8 UAV.......................... 26,543 26,543
242 0305232M RQ-11 UAV......................... 533 533
243 0305234N SMALL (LEVEL 0) TACTICAL UAS 1,772 1,772
(STUASL0).
245 0305241N MULTI-INTELLIGENCE SENSOR 59,252 59,252
DEVELOPMENT.
246 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,274 9,274
PAYLOADS (MIP).
247 0305251N CYBERSPACE OPERATIONS FORCES AND 36,378 36,378
FORCE SUPPORT.
248 0305421N RQ-4 MODERNIZATION................ 134,323 134,323
249 0307577N INTELLIGENCE MISSION DATA (IMD)... 907 907
250 0308601N MODELING AND SIMULATION SUPPORT... 9,772 9,772
251 0702207N DEPOT MAINTENANCE (NON-IF)........ 36,880 41,880
.................................. CPF--defense industrial skills and [5,000]
technology training.
252 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,329 3,329
999 9999999999 CLASSIFIED PROGRAMS............... 1,872,586 1,872,586
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,313,319 5,404,222
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
254 0608013N RISK MANAGEMENT INFORMATION-- 13,703 13,703
SOFTWARE PILOT PROGRAM.
255 0608113N NAVY NEXT GENERATION ENTERPRISE 955,151 955,151
NETWORK (NGEN)--SOFTWARE PILOT
PROGRAM.
256 0608231N MARITIME TACTICAL COMMAND AND 14,855 14,855
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 983,709 983,709
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 22,639,362 23,101,189
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 328,303 347,823
.................................. Program increase--basic research.. [19,520]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 162,403 193,903
.................................. CPF--neural-enabled prosthetics... [1,500]
.................................. University research programs...... [30,000]
.................................. SUBTOTAL BASIC RESEARCH........... 490,706 541,726
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 79,901 79,901
RESEARCH.
005 0602102F MATERIALS......................... 113,460 145,460
.................................. Continuous composites 3D printing. [7,000]
.................................. CPF--affordable multifunctional [10,000]
aerospace composites.
.................................. Digital maintenance advisor....... [5,000]
.................................. High energy synchrotron x-ray [5,000]
research.
.................................. Maturation of carbon/carbon [5,000]
thermal protection systems.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 163,032 170,532
.................................. Ground test and development of [5,000]
hypersonic engines.
.................................. Nano-UAS for the military [2,500]
warfighter.
007 0602202F HUMAN EFFECTIVENESS APPLIED 136,273 136,273
RESEARCH.
008 0602203F AEROSPACE PROPULSION.............. 174,683 181,683
.................................. Low-cost small turbine engine [7,000]
research.
009 0602204F AEROSPACE SENSORS................. 198,918 461,918
.................................. Chip-locking microelectronics [6,000]
security.
.................................. Cyber assurance and assessment of [7,000]
electronic hardware systems.
.................................. Microelectronics research network. [250,000]
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,891 8,891
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 151,757 151,757
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 111,052 113,552
.................................. CPF--directed energy research and [2,500]
education for workforce
development.
014 0602788F DOMINANT INFORMATION SCIENCES AND 169,110 181,110
METHODS.
.................................. CPF--assessment of a national [2,000]
laboratory for transformational
computing.
.................................. Program increase--quantum network [10,000]
testbed.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,307,077 1,631,077
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603032F FUTURE AF INTEGRATED TECHNOLOGY 131,643 187,643
DEMOS.
.................................. Procure Valkyrie aircraft......... [75,000]
.................................. Program reduction................. [-19,000]
018 0603112F ADVANCED MATERIALS FOR WEAPON 31,905 41,905
SYSTEMS.
.................................. Metals affordability research..... [10,000]
019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 21,057 21,057
(S&T).
020 0603203F ADVANCED AEROSPACE SENSORS........ 45,464 54,764
.................................. Authorization software for [9,300]
autonomous sensors.
021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 70,486 85,486
.................................. Enhanced capability hypersonic [15,000]
airbreathing testbed.
022 0603216F AEROSPACE PROPULSION AND POWER 75,273 159,773
TECHNOLOGY.
.................................. CPF--development of advanced [5,000]
propulsion technologies for
hypersonic systems.
.................................. Ground testing of reusable high [20,000]
mach turbine engines.
.................................. Next generation UAS propulsion [30,000]
development.
.................................. Reusable high mach turbine engine. [29,500]
023 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 46,591 46,591
026 0603456F HUMAN EFFECTIVENESS ADVANCED 24,589 24,589
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 157,423 157,423
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 28,258 33,258
.................................. Program increase--LIDAR CUAS [5,000]
automated target recognition.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 45,259 157,259
.................................. Aerospace and defense supply [6,000]
ecosystem.
.................................. CPF--additive manufacturing and [5,000]
ultra-high performance concrete.
.................................. Program increase.................. [70,000]
.................................. Smart manufacturing digital thread [10,000]
initiative.
.................................. Sustainment and modernization [7,000]
research and development program.
.................................. Universal robotic controller...... [6,000]
.................................. Virtual, augmented, and mixed [8,000]
reality readiness.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,772 56,772
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 734,720 1,026,520
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,795 5,795
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,939 21,939
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,114 4,114
034 0603851F INTERCONTINENTAL BALLISTIC 49,621 49,621
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 6,900 6,900
037 0604002F AIR FORCE WEATHER SERVICES 986 986
RESEARCH.
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 203,849 203,849
(ABMS).
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 123,712 380,712
.................................. Program increase--AETP............ [257,000]
040 0604006F ARCHITECTURE INITIATIVES.......... 82,438 128,438
.................................. Acceleration of tactical datalink [80,000]
waveform.
.................................. Program decrease.................. [-34,000]
041 0604015F LONG RANGE STRIKE--BOMBER......... 2,872,624 2,872,624
042 0604032F DIRECTED ENERGY PROTOTYPING....... 10,820 10,820
043 0604033F HYPERSONICS PROTOTYPING........... 438,378 438,378
044 0604201F PNT RESILIENCY, MODS, AND 39,742 39,742
IMPROVEMENTS.
045 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,745 23,745
046 0604288F SURVIVABLE AIRBORNE OPERATIONS 95,788 95,788
CENTER.
047 0604317F TECHNOLOGY TRANSFER............... 15,768 23,268
.................................. Program increase--academic [7,500]
partnership intermediary
agreement tech transfer.
048 0604327F HARD AND DEEPLY BURIED TARGET 15,886 15,886
DEFEAT SYSTEM (HDBTDS) PROGRAM.
049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 71,229 71,229
ACS.
050 0604776F DEPLOYMENT & DISTRIBUTION 40,103 40,103
ENTERPRISE R&D.
051 0604858F TECH TRANSITION PROGRAM........... 343,545 442,545
.................................. Blended wing body prototype phase [15,000]
1.
.................................. C-17 active winglets phase 1...... [2,000]
.................................. KC-135 winglets................... [2,000]
.................................. NORTHCOM UFR--Proliferated low [80,000]
earth orbit Arctic communications.
052 0605230F GROUND BASED STRATEGIC DETERRENT.. 2,553,541 2,553,541
054 0207110F NEXT GENERATION AIR DOMINANCE..... 1,524,667 1,524,667
055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 50,000
(3DELRR).
.................................. Build command and control [50,000]
framework.
056 0207522F AIRBASE AIR DEFENSE SYSTEMS 10,905 10,905
(ABADS).
057 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 3,943 3,943
059 0305236F COMMON DATA LINK EXECUTIVE AGENT 43,881 43,881
(CDL EA).
061 0305601F MISSION PARTNER ENVIRONMENTS...... 16,420 16,420
062 0306250F CYBER OPERATIONS TECHNOLOGY 242,499 282,499
SUPPORT.
.................................. Coordination with private sector [15,000]
to protect against foreign
malicious cyber actors.
.................................. CYBERCOM UFR enhanced attribution [25,000]
transition.
063 0306415F ENABLED CYBER ACTIVITIES.......... 16,578 16,578
066 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,343 20,343
SYSTEM.
.................................. SUBTOTAL ADVANCED COMPONENT 8,899,759 9,399,259
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 23,499 23,499
PROGRAMS.
079 0604201F PNT RESILIENCY, MODS, AND 167,520 167,520
IMPROVEMENTS.
080 0604222F NUCLEAR WEAPONS SUPPORT........... 30,050 30,050
081 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,110 2,110
082 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 169,836 169,836
083 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,469 8,469
085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 9,047 9,047
086 0604604F SUBMUNITIONS...................... 2,954 2,954
087 0604617F AGILE COMBAT SUPPORT.............. 16,603 16,603
089 0604706F LIFE SUPPORT SYSTEMS.............. 25,437 25,437
090 0604735F COMBAT TRAINING RANGES............ 23,980 34,180
.................................. Air Force combat training ranges.. [7,200]
.................................. Gulf test range improvement....... [3,000]
092 0604932F LONG RANGE STANDOFF WEAPON........ 609,042 609,042
093 0604933F ICBM FUZE MODERNIZATION........... 129,709 129,709
095 0605056F OPEN ARCHITECTURE MANAGEMENT...... 37,109 37,109
096 0605221F KC-46............................. 1 1
097 0605223F ADVANCED PILOT TRAINING........... 188,898 188,898
098 0605229F HH-60W............................ 66,355 30,506
.................................. Early to need--capability upgrades [-35,849]
and modernization.
101 0207171F F-15 EPAWSS....................... 112,012 112,012
102 0207328F STAND IN ATTACK WEAPON............ 166,570 166,570
103 0207701F FULL COMBAT MISSION TRAINING...... 7,064 12,064
.................................. Program increase--airborne [5,000]
augmented reality for pilot
training.
105 0401221F KC-46A TANKER SQUADRONS........... 73,459 67,459
.................................. Underexecution.................... [-6,000]
107 0401319F VC-25B............................ 680,665 655,665
.................................. Early to need..................... [-25,000]
108 0701212F AUTOMATED TEST SYSTEMS............ 15,445 15,445
109 0804772F TRAINING DEVELOPMENTS............. 4,482 4,482
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,570,316 2,518,667
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
124 0604256F THREAT SIMULATOR DEVELOPMENT...... 41,909 41,909
125 0604759F MAJOR T&E INVESTMENT.............. 130,766 130,766
126 0605101F RAND PROJECT AIR FORCE............ 36,017 36,017
128 0605712F INITIAL OPERATIONAL TEST & 12,582 12,582
EVALUATION.
129 0605807F TEST AND EVALUATION SUPPORT....... 811,032 811,032
131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 243,796 243,796
SYS.
132 0605828F ACQ WORKFORCE- GLOBAL REACH....... 435,930 435,930
133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 435,274 435,274
BUS SYS.
135 0605831F ACQ WORKFORCE- CAPABILITY 243,806 243,806
INTEGRATION.
136 0605832F ACQ WORKFORCE- ADVANCED PRGM 103,041 103,041
TECHNOLOGY.
137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 226,055 226,055
138 0605898F MANAGEMENT HQ--R&D................ 4,079 4,079
139 0605976F FACILITIES RESTORATION AND 70,788 70,788
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
140 0605978F FACILITIES SUSTAINMENT--TEST AND 30,057 30,057
EVALUATION SUPPORT.
141 0606017F REQUIREMENTS ANALYSIS AND 85,799 80,799
MATURATION.
.................................. Program decrease.................. [-5,000]
142 0606398F MANAGEMENT HQ--T&E................ 6,163 6,163
143 0303166F SUPPORT TO INFORMATION OPERATIONS 537 537
(IO) CAPABILITIES.
144 0303255F COMMAND, CONTROL, COMMUNICATION, 25,340 35,340
AND COMPUTERS (C4)--STRATCOM.
.................................. Program increase--NC3 rapid [10,000]
engineering architecture
collaboration hub.
145 0308602F ENTERPRISE INFORMATION SERVICES 28,720 28,720
(EIS).
146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211
147 0804731F GENERAL SKILL TRAINING............ 1,506 1,506
148 0804772F TRAINING DEVELOPMENTS............. 2,957 2,957
150 1001004F INTERNATIONAL ACTIVITIES.......... 2,420 2,420
156 1206864F SPACE TEST PROGRAM (STP).......... 3 3
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,015,788 3,020,788
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 5,509 5,509
TRAINING.
158 0604445F WIDE AREA SURVEILLANCE............ 2,760 2,760
160 0604840F F-35 C2D2......................... 985,404 985,404
161 0605018F AF INTEGRATED PERSONNEL AND PAY 22,010 22,010
SYSTEM (AF-IPPS).
162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 51,492 51,492
AGENCY.
163 0605117F FOREIGN MATERIEL ACQUISITION AND 71,391 71,391
EXPLOITATION.
164 0605278F HC/MC-130 RECAP RDT&E............. 46,796 46,796
165 0606018F NC3 INTEGRATION................... 26,532 26,532
167 0101113F B-52 SQUADRONS.................... 715,811 660,811
.................................. CERP rapid prototyping materiel [-55,000]
contract delay.
168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453
169 0101126F B-1B SQUADRONS.................... 29,127 29,127
170 0101127F B-2 SQUADRONS..................... 144,047 144,047
171 0101213F MINUTEMAN SQUADRONS............... 113,622 113,622
172 0101316F WORLDWIDE JOINT STRATEGIC 15,202 15,202
COMMUNICATIONS.
174 0101328F ICBM REENTRY VEHICLES............. 96,313 96,313
176 0102110F UH-1N REPLACEMENT PROGRAM......... 16,132 16,132
177 0102326F REGION/SECTOR OPERATION CONTROL 771 771
CENTER MODERNIZATION PROGRAM.
178 0102412F NORTH WARNING SYSTEM (NWS)........ 99 25,199
.................................. NORTHCOM UFR--Over the horizon [25,100]
radar.
179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300
180 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 5,889 5,889
GENERAL.
181 0205219F MQ-9 UAV.......................... 85,135 84,121
.................................. Early to need--program protection [-1,014]
technology insertion.
182 0205671F JOINT COUNTER RCIED ELECTRONIC 3,111 3,111
WARFARE.
183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 36,607 36,607
EQUIPMENT.
184 0207131F A-10 SQUADRONS.................... 39,224 39,224
185 0207133F F-16 SQUADRONS.................... 224,573 224,573
186 0207134F F-15E SQUADRONS................... 239,616 239,616
187 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,855 15,855
188 0207138F F-22A SQUADRONS................... 647,296 647,296
189 0207142F F-35 SQUADRONS.................... 69,365 69,365
190 0207146F F-15EX............................ 118,126 118,126
191 0207161F TACTICAL AIM MISSILES............. 32,974 32,974
192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,288 51,288
MISSILE (AMRAAM).
193 0207227F COMBAT RESCUE--PARARESCUE......... 852 852
194 0207247F AF TENCAP......................... 23,685 23,685
195 0207249F PRECISION ATTACK SYSTEMS 12,083 12,083
PROCUREMENT.
196 0207253F COMPASS CALL...................... 91,266 91,266
197 0207268F AIRCRAFT ENGINE COMPONENT 103,715 103,715
IMPROVEMENT PROGRAM.
198 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,325 117,325
MISSILE (JASSM).
199 0207327F SMALL DIAMETER BOMB (SDB)......... 27,109 27,109
200 0207410F AIR & SPACE OPERATIONS CENTER 3 3
(AOC).
201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875
202 0207417F AIRBORNE WARNING AND CONTROL 171,014 171,014
SYSTEM (AWACS).
203 0207418F AFSPECWAR--TACP................... 4,598 4,598
205 0207431F COMBAT AIR INTELLIGENCE SYSTEM 21,863 21,863
ACTIVITIES.
206 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,905 7,905
C4I.
207 0207439F ELECTRONIC WARFARE INTEGRATED 15,000 15,000
REPROGRAMMING (EWIR).
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 13,081 13,081
209 0207452F DCAPES............................ 4,305 4,305
210 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,984 1,984
211 0207522F AIRBASE AIR DEFENSE SYSTEMS 7,392 7,392
(ABADS).
212 0207573F NATIONAL TECHNICAL NUCLEAR 1,971 1,971
FORENSICS.
213 0207590F SEEK EAGLE........................ 30,539 30,539
214 0207601F USAF MODELING AND SIMULATION...... 17,110 17,110
215 0207605F WARGAMING AND SIMULATION CENTERS.. 7,535 7,535
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 32,008 32,008
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007
218 0208006F MISSION PLANNING SYSTEMS.......... 92,557 92,557
219 0208007F TACTICAL DECEPTION................ 489 489
220 0208064F OPERATIONAL HQ--CYBER............. 2,115 2,115
221 0208087F DISTRIBUTED CYBER WARFARE 72,487 72,487
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449
223 0208097F JOINT CYBER COMMAND AND CONTROL 79,079 79,079
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 101,893 101,893
228 0208288F INTEL DATA APPLICATIONS........... 493 493
229 0301025F GEOBASE........................... 2,782 2,782
231 0301113F CYBER SECURITY INTELLIGENCE 5,224 5,224
SUPPORT.
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,463 2,463
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 26,331 26,331
CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 58,165 58,165
COMMUNICATIONS NETWORK (MEECN).
242 0303140F INFORMATION SYSTEMS SECURITY 8,032 8,032
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 452 452
INITIATIVE.
244 0303248F ALL DOMAIN COMMON PLATFORM........ 64,000 64,000
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 97,546 93,546
.................................. Excess carryover--special projects [-4,000]
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,770 8,770
.................................. CPF--mobilizing civilian expertise [5,000]
for national security education
on geo-economics, and innovation
in the era of great power
competition.
251 0305020F CCMD INTELLIGENCE INFORMATION 1,663 1,663
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 18,888 15,888
DVMT (IMAD).
.................................. Excess to need.................... [-3,000]
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,672 4,672
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 290 290
255 0305111F WEATHER SERVICE................... 26,228 36,228
.................................. Program increase--commercial [10,000]
weather data pilot.
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,749 8,749
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 1,528 126,528
.................................. Unmanned adversary air platforms.. [125,000]
260 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,733 8,733
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335
265 0305202F DRAGON U-2........................ 17,146 35,846
.................................. Air Force UFR--Antenna replacement [18,700]
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 71,791 151,291
.................................. Air Force UFR--ASARS processor and [67,000]
antenna development.
.................................. Program increase--wide area motion [12,500]
imagery.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,799 14,799
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 24,568 24,568
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 83,124 83,124
271 0305221F NETWORK-CENTRIC COLLABORATIVE 17,224 17,224
TARGETING.
272 0305238F NATO AGS.......................... 19,473 19,473
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 40,421 40,421
274 0305600F INTERNATIONAL INTELLIGENCE 14,473 14,473
TECHNOLOGY AND ARCHITECTURES.
275 0305881F RAPID CYBER ACQUISITION........... 4,326 4,326
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,567 2,567
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,169 6,169
278 0401115F C-130 AIRLIFT SQUADRON............ 9,752 9,752
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 17,507 17,507
280 0401130F C-17 AIRCRAFT (IF)................ 16,360 16,360
281 0401132F C-130J PROGRAM.................... 14,112 14,112
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,540 5,540
(LAIRCM).
283 0401218F KC-135S........................... 3,564 3,564
285 0401318F CV-22............................. 17,189 17,189
286 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,640 6,640
288 0708055F MAINTENANCE, REPAIR & OVERHAUL 26,921 26,921
SYSTEM.
289 0708610F LOGISTICS INFORMATION TECHNOLOGY 7,071 7,071
(LOGIT).
291 0804743F OTHER FLIGHT TRAINING............. 1,999 1,999
293 0901202F JOINT PERSONNEL RECOVERY AGENCY... 1,841 1,841
294 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,560 3,560
295 0901220F PERSONNEL ADMINISTRATION.......... 3,368 3,368
296 0901226F AIR FORCE STUDIES AND ANALYSIS 1,248 1,248
AGENCY.
297 0901538F FINANCIAL MANAGEMENT INFORMATION 4,852 4,852
SYSTEMS DEVELOPMENT.
301 1202140F SERVICE SUPPORT TO SPACECOM 6,737 6,737
ACTIVITIES.
999 9999999999 CLASSIFIED PROGRAMS............... 15,868,973 15,868,973
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,743,006 21,943,292
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
317 0608158F STRATEGIC MISSION PLANNING AND 96,100 96,100
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
318 0608410F AIR & SPACE OPERATIONS CENTER 186,918 186,918
(AOC)--SOFTWARE PILOT PROGRAM.
319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 135,263 135,263
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 418,281 418,281
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 39,179,653 40,499,610
& EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 181,209 201,709
.................................. Battery cycle life improvements... [3,000]
.................................. Program increase--hybrid space [5,000]
architecture.
.................................. Program increase--radiation [5,000]
hardened microprocessor.
.................................. Program increase--university [7,500]
consortia for space technology.
.................................. SUBTOTAL APPLIED RESEARCH......... 181,209 201,709
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
002 1206616SF SPACE ADVANCED TECHNOLOGY 75,919 136,919
DEVELOPMENT/DEMO.
.................................. Space Force UFR--accelerate [61,000]
cislunar flight experiment.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 75,919 136,919
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 434,194 434,194
(USER EQUIPMENT) (SPACE).
004 1203710SF EO/IR WEATHER SYSTEMS............. 162,274 162,274
005 1203905SF SPACE SYSTEM SUPPORT.............. 37,000 37,000
006 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 61,521 61,521
007 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 123,262 130,262
.................................. Space Force UFR--Maui optical site [7,000]
008 1206427SF SPACE SYSTEMS PROTOTYPE 101,851 129,851
TRANSITIONS (SSPT).
.................................. Space Force UFR--Expand Blackjack [28,000]
radio frequency payloads.
009 1206438SF SPACE CONTROL TECHNOLOGY.......... 32,931 32,931
010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 71,546
.................................. Program increase.................. [15,000]
011 1206760SF PROTECTED TACTICAL ENTERPRISE 100,320 100,320
SERVICE (PTES).
012 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 243,285 243,285
013 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 160,056 160,056
014 1206857SF SPACE RAPID CAPABILITIES OFFICE... 66,193 66,193
.................................. SUBTOTAL ADVANCED COMPONENT 1,579,433 1,629,433
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
015 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 264,265 264,265
016 1203940SF SPACE SITUATION AWARENESS 56,279 56,279
OPERATIONS.
017 1206421SF COUNTERSPACE SYSTEMS.............. 38,063 38,063
018 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 1,438 1,438
019 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 127,026 136,026
.................................. Space Force UFR--Add space domain [9,000]
rapid innovation pathfinders.
020 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 28,218 28,218
021 1206432SF POLAR MILSATCOM (SPACE)........... 127,870 127,870
022 1206442SF NEXT GENERATION OPIR.............. 2,451,256 2,451,256
023 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,400 23,400
INTEGRATION.
024 1206853SF NATIONAL SECURITY SPACE LAUNCH 221,510 280,710
PROGRAM (SPACE)--EMD.
.................................. Maintain competition for Ph3--DOD [50,000]
unique requirements.
.................................. Space Force UFR--Liquid oxygen [9,200]
explosive tests.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,339,325 3,407,525
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
025 1206116SF SPACE TEST AND TRAINING RANGE 19,319 52,619
DEVELOPMENT.
.................................. Space Force UFR--signal emulation [33,300]
generation subsystem.
026 1206392SF ACQ WORKFORCE--SPACE & MISSILE 214,051 214,051
SYSTEMS.
027 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 12,119 12,119
MHA.
028 1206759SF MAJOR T&E INVESTMENT--SPACE....... 71,503 71,503
029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,769 21,769
(SPACE).
.................................. CPF--small rocket program......... [4,000]
030 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 50,000
.................................. Program increase.................. [50,000]
031 1206864SF SPACE TEST PROGRAM (STP).......... 20,881 20,881
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 355,642 442,942
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
033 1201017SF GLOBAL SENSOR INTEGRATED ON 4,731 4,731
NETWORK (GSIN).
034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 156,788 156,788
(FAB-T).
035 1203040SF DCO-SPACE......................... 2,150 2,150
036 1203109SF NARROWBAND SATELLITE 112,012 112,012
COMMUNICATIONS.
037 1203110SF SATELLITE CONTROL NETWORK (SPACE). 36,810 36,810
038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,966 1,966
(SPACE AND CONTROL SEGMENTS).
039 1203173SF SPACE AND MISSILE TEST AND 1,699 5,699
EVALUATION CENTER.
.................................. Space Force UFR--Improve [4,000]
operations of payload adapter.
040 1203174SF SPACE INNOVATION, INTEGRATION AND 18,054 33,354
RAPID TECHNOLOGY DEVELOPMENT.
.................................. Space Force UFR--Digitial core [15,300]
services for distributed space
test and training.
041 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,115 23,115
.................................. CPF--tactically responsive launch/ [7,000]
deployable spaceport.
.................................. Program increase.................. [5,000]
042 1203265SF GPS III SPACE SEGMENT............. 7,207 7,207
043 1203330SF SPACE SUPERIORITY ISR............. 18,109 18,109
044 1203620SF NATIONAL SPACE DEFENSE CENTER..... 1,280 1,280
045 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 12,292 12,292
046 1203906SF NCMC--TW/AA SYSTEM................ 9,858 9,858
047 1203913SF NUDET DETECTION SYSTEM (SPACE).... 45,887 45,887
048 1203940SF SPACE SITUATION AWARENESS 64,763 64,763
OPERATIONS.
049 1206423SF GLOBAL POSITIONING SYSTEM III-- 413,766 413,766
OPERATIONAL CONTROL SEGMENT.
053 1206770SF ENTERPRISE GROUND SERVICES........ 191,713 191,713
999 9999999999 CLASSIFIED PROGRAMS............... 4,474,809 4,680,009
.................................. Space Force UFR--classified....... [205,200]
.................................. SUBTOTAL OPERATIONAL SYSTEM 5,585,009 5,821,509
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
054 1203614SF JSPOC MISSION SYSTEM.............. 154,529 154,529
.................................. SUBTOTAL SOFTWARE & DIGITAL 154,529 154,529
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RDTE, SPACE FORCE........... 11,271,066 11,794,566
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,828 12,705
.................................. Program increase.................. [877]
002 0601101E DEFENSE RESEARCH SCIENCES......... 395,781 454,281
.................................. Adversary Influence Operations [5,000]
(IO)--detection, modeling,
mitigation.
.................................. Artificial Intelligence (AI)-- [5,000]
trustworthy, human integrated,
robust.
.................................. Biotechnology for challenging [7,000]
environments.
.................................. CPF--novel analytical and [1,500]
empirical approaches to the
prediction and monitoring of
disease transmission.
.................................. High assurance software systems-- [5,000]
resilient, adaptable, trustworthy.
.................................. Increase for DARPA-funded [15,000]
university research activities.
.................................. Program increase--ERI 2.0......... [20,000]
003 0601108D8Z HIGH ENERGY LASER RESEARCH 15,390 15,390
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 39,828 77,061
.................................. Consortium to study irregular [8,000]
warfare.
.................................. CPF--Florida Memorial University [400]
Department of Natural Sciences
STEM equipment.
.................................. CPF--SOUTHCOM Enhanced Domain [1,300]
Awareness (EDA) initiative.
.................................. DEPSCoR........................... [10,000]
.................................. Minerva management and social [13,000]
science research.
.................................. Program increase.................. [4,533]
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 76,018 86,018
SCIENCE.
.................................. Assessing immune memory........... [5,000]
.................................. Traumatic brain injury research... [5,000]
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195
.................................. Civics education.................. [2,000]
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. SMART scholarships for AI related [13,000]
education.
.................................. SMART scholarships program [4,000]
increase.
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 31,136 73,247
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--augmenting quantum sensing [1,111]
research, education, and training
in DOD COE at DSU.
.................................. CPF--HBCU training for the future [1,000]
of aerospace.
.................................. Program increase.................. [40,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,708 37,208
PROGRAM.
.................................. Program increase--chemically [2,500]
resistant, high-performance
military cordage, rope, and
webbing.
.................................. SUBTOTAL BASIC RESEARCH........... 716,884 888,105
..................................
.................................. APPLIED RESEARCH
009 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,591 19,591
010 0602115E BIOMEDICAL TECHNOLOGY............. 108,698 118,698
.................................. Bridging the gap after spinal cord [5,000]
injury.
.................................. Non-invasive neurotechnology [5,000]
rehabilitation take home trials.
012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 22,918 82,918
.................................. 6G and beyond experimentation [50,000]
efforts.
.................................. Artificial intelligence (AI)-- [10,000]
trustworthy, human integrated,
robust.
013 0602234D8Z LINCOLN LABORATORY RESEARCH 55,692 55,692
PROGRAM.
014 0602251D8Z APPLIED RESEARCH FOR THE 65,015 115,015
ADVANCEMENT OF S&T PRIORITIES.
.................................. AI research and development....... [50,000]
015 0602303E INFORMATION & COMMUNICATIONS 430,363 745,363
TECHNOLOGY.
.................................. National Security Commission on [200,000]
Artificial Intelligence
implementation.
.................................. Program increase--AI, cyber, and [15,000]
data analytics.
.................................. Quantum computing acceleration.... [100,000]
016 0602383E BIOLOGICAL WARFARE DEFENSE........ 31,421 31,421
017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 206,956 213,456
PROGRAM.
.................................. Biodetection system for joint [6,500]
force infrastructure protection.
018 0602668D8Z CYBER SECURITY RESEARCH........... 15,380 35,380
.................................. AI-enabled cyber defense [10,000]
acceleration study.
.................................. Program increase.................. [10,000]
019 0602702E TACTICAL TECHNOLOGY............... 202,515 249,515
.................................. MADFIRES.......................... [30,000]
.................................. Program increase--AI, cyber and [17,000]
data analytics.
020 0602715E MATERIALS AND BIOLOGICAL 317,024 378,624
TECHNOLOGY.
.................................. Adaptive immunomodulation-based [4,600]
therapeutics (ElectRx).
.................................. Agile chemical manufacturing [20,000]
technologies (ACMT).
.................................. Bioengineered electronics and [6,000]
electromagnetic devices (Bio-INC).
.................................. Bioremediation of battlefields.... [7,000]
.................................. Maritime materials technologies [5,000]
(M2T).
.................................. Materiel protection through [5,000]
biologics.
.................................. Neuroprotection from brain injury. [9,000]
.................................. Regenerative engineering for [5,000]
complex tissue regeneration &
limb reconstruction.
021 0602716E ELECTRONICS TECHNOLOGY............ 357,384 393,384
.................................. Program increase--ERI 2.0......... [36,000]
022 0602718BR COUNTER WEAPONS OF MASS 197,011 197,011
DESTRUCTION APPLIED RESEARCH.
023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,601 9,601
(SEI) APPLIED RESEARCH.
024 0602890D8Z HIGH ENERGY LASER RESEARCH........ 45,997 115,997
.................................. Directed energy innovation-- [50,000]
improved beam control.
.................................. Joint Directed Energy Transition [20,000]
Office.
025 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 44,829 48,829
.................................. Program increase--sustained human [4,000]
performance and resilience.
.................................. SUBTOTAL APPLIED RESEARCH......... 2,130,395 2,810,495
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603000D8Z JOINT MUNITIONS ADVANCED 23,213 23,213
TECHNOLOGY.
027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,665 4,665
028 0603122D8Z COMBATING TERRORISM TECHNOLOGY 69,376 69,376
SUPPORT.
029 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,432 25,432
031 0603160BR COUNTER WEAPONS OF MASS 399,362 404,362
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Reduced order models.............. [5,000]
032 0603176C ADVANCED CONCEPTS AND PERFORMANCE 15,800 29,700
ASSESSMENT.
.................................. BATMAA BMDS advanced technology... [8,700]
.................................. MDA UFR--Cybersecurity [5,200]
improvements.
033 0603180C ADVANCED RESEARCH................. 21,466 26,466
.................................. Program increase--high speed [5,000]
flight experiment testing.
034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 51,340 51,340
DEVELOPMENT &TRANSITION.
035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,063 19,063
DEVELOPMENT.
036 0603286E ADVANCED AEROSPACE SYSTEMS........ 174,043 256,043
.................................. Glide breaker..................... [20,000]
.................................. Hypersonic Air-Breathing Weapon [37,000]
Concept (HAWC).
.................................. OpFires........................... [10,000]
.................................. Tactical Boost Glide (TBG)........ [15,000]
037 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 101,524 186,524
.................................. Blackjack critical risk reduction. [25,000]
.................................. Blackjack schedule assurance...... [30,000]
.................................. Robotic Servicing of [30,000]
Geosynchronous Satellites (RSGS).
038 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,012 24,012
039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 51,513 51,513
CONCEPTS.
042 0603338D8Z DEFENSE MODERNIZATION AND 115,443 193,443
PROTOTYPING.
.................................. Defense critical supply chain [3,000]
documentation and monitoring.
.................................. Rapid Innovation Program.......... [75,000]
043 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 31,873 31,873
044 0603375D8Z TECHNOLOGY INNOVATION............. 54,433 54,433
045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 197,824 197,824
PROGRAM--ADVANCED DEVELOPMENT.
046 0603527D8Z RETRACT LARCH..................... 99,175 99,175
047 0603618D8Z JOINT ELECTRONIC ADVANCED 18,221 18,221
TECHNOLOGY.
048 0603648D8Z JOINT CAPABILITY TECHNOLOGY 102,669 102,669
DEMONSTRATIONS.
049 0603662D8Z NETWORKED COMMUNICATIONS 2,984 2,984
CAPABILITIES.
050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 134,022 380,322
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing training... [5,000]
.................................. Biotechnology innovation--enabling [200,000]
modular and scalable
bioindustrial and resuable assets.
.................................. Certification-based workforce [3,000]
training programs for
manufacturing.
.................................. CPF--cold spray and rapid [1,300]
deposition lab.
.................................. Cybersecurity for industrial [3,000]
control systems.
.................................. Data analytics and visual system.. [3,000]
.................................. HPC-enabled advanced manufacturing [8,000]
.................................. Hypersonics advanced manufacturing [10,000]
.................................. Integrated silicon-based lasers... [10,000]
.................................. Virtual reality-enabled smart [3,000]
installation experimentation.
051 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 37,543 47,543
.................................. Program increase--steel [10,000]
performance initiative.
053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 12,418 12,418
DEMONSTRATIONS.
054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 51,863 81,863
PROGRAM.
.................................. Program increase--AFFF [15,000]
replacement, disposal, and
cleanup technology.
.................................. Program increase--PFAS remediation [15,000]
and disposal technology.
055 0603720S MICROELECTRONICS TECHNOLOGY 160,821 160,821
DEVELOPMENT AND SUPPORT.
056 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,169 2,169
057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 116,716 140,716
.................................. Program increase--ERI 2.0......... [24,000]
058 0603760E COMMAND, CONTROL AND 251,794 295,394
COMMUNICATIONS SYSTEMS.
.................................. Classified increase............... [21,000]
.................................. Deep water active sonar........... [15,000]
.................................. Network UP........................ [5,000]
.................................. SHARE alignment with OTNK research [1,100]
.................................. SHARE ICN performance enhancements [1,500]
for operational use.
059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 779,246
.................................. Air combat evolution (ACE)........ [8,200]
.................................. Artificial intelligence research [100,000]
activities.
.................................. Assault breaker II................ [50,000]
.................................. Classified increase............... [20,400]
.................................. Ocean of things................... [875]
.................................. Ocean of things phase 3 [10,000]
demonstration.
.................................. Timely information for maritime [5,000]
engagements (TIMEly).
060 0603767E SENSOR TECHNOLOGY................. 294,792 367,392
.................................. Classified increase............... [27,800]
.................................. SECTRE munitions digital twin for [4,400]
in theater/flight target
additions and performance
improvements.
.................................. Systems of systems-enhanced small [4,400]
units (SESU).
.................................. Thermal imaging technology [36,000]
experiment-recon (TITE-R).
061 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,398 9,198
TECHNOLOGY DEVELOPMENT.
.................................. Systems of systems-enhanced small [2,800]
units (SESU).
062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 14,677 14,977
.................................. CODE enhancements for SESU........ [300]
065 0603924D8Z HIGH ENERGY LASER ADVANCED 107,397 107,397
TECHNOLOGY PROGRAM.
066 0603941D8Z TEST & EVALUATION SCIENCE & 267,161 267,161
TECHNOLOGY.
067 0603950D8Z NATIONAL SECURITY INNOVATION 21,270 31,270
NETWORK.
.................................. Program increase.................. [10,000]
068 0604055D8Z OPERATIONAL ENERGY CAPABILITY 74,300 74,300
IMPROVEMENT.
070 0303310D8Z CWMD SYSTEMS...................... 5,000
.................................. Data storage capabilities for [5,000]
special operations forces.
074 1160402BB SOF ADVANCED TECHNOLOGY 93,415 98,415
DEVELOPMENT.
.................................. SOF platform agnostic data storage [5,000]
capability.
075 1206310SDA SPACE SCIENCE AND TECHNOLOGY 172,638 172,638
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,007,596 4,920,571
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 28,687 28,687
SECURITY EQUIPMENT RDT&E ADC&P.
077 0603600D8Z WALKOFF........................... 108,652 108,652
078 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,000
INFORMATION SERVICES.
.................................. CDO for ADA....................... [5,000]
079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 71,429 89,429
CERTIFICATION PROGRAM.
.................................. Military energy resilience [3,000]
catalyst.
.................................. Program increase--AFFF [5,000]
replacement, disposal, and
cleanup technology.
.................................. Program increase--PFAS remediation [10,000]
and disposal technology.
080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 277,949 213,382
DEFENSE SEGMENT.
.................................. Unjustified request, lacking [-64,567]
acquisition strategy--LHD.
081 0603882C BALLISTIC MISSILE DEFENSE 745,144 740,144
MIDCOURSE DEFENSE SEGMENT.
.................................. Unjustified growth--ground support [-5,000]
and fire control LHD lack of
validated requirement and
acquisition strategy.
082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 129,445 129,445
PROGRAM--DEM/VAL.
083 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 224,750 227,762
.................................. MDA UFR--Cybersecurity [3,012]
improvements.
084 0603890C BMD ENABLING PROGRAMS............. 595,301 631,881
.................................. MDA UFR--Cybersecurity [44,830]
improvements.
.................................. Unjustified growth--LHD lack of [-8,250]
validated requirement and
acquisition strategy.
085 0603891C SPECIAL PROGRAMS--MDA............. 413,374 413,374
086 0603892C AEGIS BMD......................... 732,512 694,418
.................................. Layered homeland defense lack of [-86,494]
requirement.
.................................. MDA UFR--Radar upgrades........... [48,400]
087 0603896C BALLISTIC MISSILE DEFENSE COMMAND 603,448 587,424
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. MDA UFR--Cybersecurity [2,000]
improvements.
.................................. MDA UFR--JADC2 integration........ [4,476]
.................................. Unjustified growth--LHD lack of [-22,500]
validated requirement and
acquisition strategy.
088 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,594 50,594
WARFIGHTER SUPPORT.
089 0603904C MISSILE DEFENSE INTEGRATION & 52,403 52,403
OPERATIONS CENTER (MDIOC).
090 0603906C REGARDING TRENCH.................. 11,952 11,952
091 0603907C SEA BASED X-BAND RADAR (SBX)...... 147,241 147,241
092 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
093 0603914C BALLISTIC MISSILE DEFENSE TEST.... 362,906 362,906
094 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 553,334 568,784
.................................. Advanced target front end [5,000]
configuration 3 tech maturation.
.................................. Architecture RTS development...... [10,000]
.................................. MDS architecture IAC prototype.... [5,000]
.................................. Unjustified growth--LHD lack of [-4,550]
validated requirement and
acquisition strategy.
096 0603923D8Z COALITION WARFARE................. 5,103 5,103
097 0604011D8Z NEXT GENERATION INFORMATION 374,665 474,665
COMMUNICATIONS TECHNOLOGY (5G).
.................................. 5G acceleration activities........ [100,000]
098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,259 3,259
PROGRAM.
099 0604102C GUAM DEFENSE DEVELOPMENT.......... 78,300 138,300
.................................. INDOPACOM UFR--Guam Defense System [60,000]
100 0604115C TECHNOLOGY MATURATION INITIATIVES. 34,000
.................................. Program increase--diode pumped [14,000]
alkali laser.
.................................. Short pulse laser directed energy [20,000]
demonstration.
103 0604181C HYPERSONIC DEFENSE................ 247,931 309,796
.................................. MDA UFR--Accelerate hypersonic [61,865]
defensive systems.
104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 716,456 831,456
.................................. Mission-based acquisition......... [100,000]
.................................. Program increase--mobile nuclear [15,000]
microreactor.
105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995
.................................. Advanced analog & mixed signal [6,800]
microelectronics design and
manufacturing.
.................................. Radiation-hardened application [18,000]
specific integrated circuits.
.................................. Trusted and assured GaN and GaAs [15,000]
RFIC technology.
106 0604331D8Z RAPID PROTOTYPING PROGRAM......... 103,575 182,575
.................................. ADA network resiliency/cloud...... [79,000]
107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 11,213 26,213
PROTOTYPING.
.................................. National security innovation [15,000]
capital program increase.
108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,778 2,778
UNMANNED SYSTEM COMMON
DEVELOPMENT.
109 0604551BR CATAPULT.......................... 7,166 7,166
110 0604555D8Z OPERATIONAL ENERGY CAPABILITY 23,200 23,200
IMPROVEMENT--NON S&T.
111 0604672C HOMELAND DEFENSE RADAR--HAWAII 75,000
(HDR-H).
.................................. INDOPACOM UFR--Restoration of HDR- [75,000]
H.
113 0604682D8Z WARGAMING AND SUPPORT FOR 3,519 3,519
STRATEGIC ANALYSIS (SSA).
114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 17,439 17,439
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
115 0604873C LONG RANGE DISCRIMINATION RADAR 133,335 133,335
(LRDR).
116 0604874C IMPROVED HOMELAND DEFENSE 926,125 926,125
INTERCEPTORS.
117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 32,697 32,697
DEFENSE SEGMENT TEST.
118 0604878C AEGIS BMD TEST.................... 117,055 111,255
.................................. Unjustified growth--AEGIS LHD test [-5,800]
funding early to need.
119 0604879C BALLISTIC MISSILE DEFENSE SENSOR 77,428 77,428
TEST.
120 0604880C LAND-BASED SM-3 (LBSM3)........... 43,158 43,158
121 0604887C BALLISTIC MISSILE DEFENSE 61,424 61,424
MIDCOURSE SEGMENT TEST.
122 0202057C SAFETY PROGRAM MANAGEMENT......... 2,323 2,323
123 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,568 2,568
SYSTEMS.
125 0305103C CYBER SECURITY INITIATIVE......... 1,142 1,142
126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 636,179 648,179
PROTOTYPING.
.................................. Laser communication terminal [6,000]
technologies.
.................................. Space laser communications........ [6,000]
127 1206893C SPACE TRACKING & SURVEILLANCE 15,176 15,176
SYSTEM.
128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 292,811 292,811
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 9,854,341 10,394,563
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 5,682 5,682
SECURITY EQUIPMENT RDT&E SDD.
131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 299,848 299,848
PROGRAM--EMD.
132 0604771D8Z JOINT TACTICAL INFORMATION 9,345 9,345
DISTRIBUTION SYSTEM (JTIDS).
133 0605000BR COUNTER WEAPONS OF MASS 14,063 14,063
DESTRUCTION SYSTEMS DEVELOPMENT.
134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265
135 0605021SE HOMELAND PERSONNEL SECURITY 7,205 7,205
INITIATIVE.
136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 5,447 5,447
137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892
.................................. ADVANA for ADA.................... [18,000]
138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 679 679
AND DEMONSTRATION.
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,254 32,254
FINANCIAL SYSTEM.
142 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
143 0605210D8Z DEFENSE-WIDE ELECTRONIC 7,148 7,148
PROCUREMENT CAPABILITIES.
144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895
146 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,991 3,991
COMMUNICATIONS.
149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 2,227 2,227
MANAGEMENT (EEIM).
150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,246 20,246
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 548,687 566,687
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
151 0603829J JOINT CAPABILITY EXPERIMENTATION.. 8,444 8,444
152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 7,508 7,508
(DRRS).
153 0604875D8Z JOINT SYSTEMS ARCHITECTURE 7,859 7,859
DEVELOPMENT.
154 0604940D8Z CENTRAL TEST AND EVALUATION 550,140 550,140
INVESTMENT DEVELOPMENT (CTEIP).
155 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 17,980 17,980
156 0605001E MISSION SUPPORT................... 73,145 73,145
157 0605100D8Z JOINT MISSION ENVIRONMENT TEST 71,410 71,410
CAPABILITY (JMETC).
159 0605126J JOINT INTEGRATED AIR AND MISSILE 52,671 52,671
DEFENSE ORGANIZATION (JIAMDO).
161 0605142D8Z SYSTEMS ENGINEERING............... 40,030 40,030
162 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,612 4,612
163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 14,429 14,429
164 0605170D8Z SUPPORT TO NETWORKS AND 4,759 4,759
INFORMATION INTEGRATION.
165 0605200D8Z GENERAL SUPPORT TO USD 1,952 1,952
(INTELLIGENCE).
166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,503 110,503
PROGRAM.
172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,639 3,639
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 25,889 63,889
.................................. Regional secure computing enclave [38,000]
pilot.
174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 39,774 257,774
.................................. ISR & information operations...... [10,000]
.................................. PNT modernization--signals of [140,000]
opportunity.
.................................. Spectrum innovation--low SWaP-C [68,000]
directional sources.
175 0605801KA DEFENSE TECHNICAL INFORMATION 61,453 61,453
CENTER (DTIC).
176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 18,762 18,762
TESTING AND EVALUATION.
177 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,366 27,366
178 0605898E MANAGEMENT HQ--R&D................ 12,740 12,740
179 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,549 3,549
INFORMATION CENTER (DTIC).
180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,438 15,438
181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 2,897 2,897
ANALYSIS.
182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 918 918
DEVELOPMENT SUPPORT.
183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 31,638 31,638
POLICY.
184 0203345D8Z DEFENSE OPERATIONS SECURITY 2,925 2,925
INITIATIVE (DOSI).
185 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 977 977
186 0208045K C4I INTEROPERABILITY.............. 55,361 60,361
.................................. Joint warfighting network [5,000]
architecture.
189 0303140SE INFORMATION SYSTEMS SECURITY 853 853
PROGRAM.
191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 969 969
OFFICE (DMDPO).
192 0305172K COMBINED ADVANCED APPLICATIONS.... 15,696 15,696
194 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,073 3,073
SYSTEMS.
197 0804768J COCOM EXERCISE ENGAGEMENT AND 29,530 29,530
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
198 0808709SE DEFENSE EQUAL OPPORTUNITY 689 689
MANAGEMENT INSTITUTE (DEOMI).
199 0901598C MANAGEMENT HQ--MDA................ 24,102 24,102
200 0903235K JOINT SERVICE PROVIDER (JSP)...... 2,645 2,645
999 9999999999 CLASSIFIED PROGRAMS............... 37,520 37,520
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,383,845 1,644,845
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
202 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 5,355 5,355
203 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 10,033 67,833
.................................. JAIC for ADA...................... [57,800]
206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 58,189 149,689
SUSTAINMENT SUPPORT.
.................................. Accelerated training in defense [10,000]
manufacturing (ATDM) pilot.
.................................. Carbon/carbon industrial base [6,000]
enhancement.
.................................. Demonstration program on domestic [3,000]
production of rare earth elements
from coal byproducts.
.................................. Digital manufacturing............. [1,500]
.................................. Directed energy supply chain [2,000]
assurance.
.................................. Industrial skills training........ [2,500]
.................................. Machine and advanced [20,000]
manufacturing--IACMI.
.................................. Program increase.................. [20,000]
.................................. Radar resiliency.................. [2,500]
.................................. Rare earth element separation [4,000]
technologies.
.................................. Submarine construction workforce [20,000]
training pipeline.
207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 18,721 18,721
DEVELOPMENT.
208 0607327T GLOBAL THEATER SECURITY 7,398 7,398
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 58,261 58,261
(OPERATIONAL SYSTEMS DEVELOPMENT).
215 0302019K DEFENSE INFO INFRASTRUCTURE 16,233 16,233
ENGINEERING AND INTEGRATION.
216 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 10,275 10,275
217 0303131K MINIMUM ESSENTIAL EMERGENCY 4,892 4,892
COMMUNICATIONS NETWORK (MEECN).
218 0303136G KEY MANAGEMENT INFRASTRUCTURE 83,751 83,751
(KMI).
219 0303140D8Z INFORMATION SYSTEMS SECURITY 49,191 69,191
PROGRAM.
.................................. Workforce transformation cyber [20,000]
initiative pilot program.
220 0303140G INFORMATION SYSTEMS SECURITY 423,745 535,845
PROGRAM.
.................................. Additional cybersecurity support [25,000]
for the defense industrial base.
.................................. Hardening DOD networks............ [12,100]
.................................. JFHQ DODIN staffing and tools..... [50,000]
.................................. Pilot program on public-private [25,000]
partnership with internet
ecosystem companies.
221 0303140K INFORMATION SYSTEMS SECURITY 5,707 5,707
PROGRAM.
222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 4,150 4,150
223 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,302 19,302
224 0303228K JOINT REGIONAL SECURITY STACKS 9,342 9,342
(JRSS).
226 0303430V FEDERAL INVESTIGATIVE SERVICES 15,326 15,326
INFORMATION TECHNOLOGY.
232 0305128V SECURITY AND INVESTIGATIVE 8,800 8,800
ACTIVITIES.
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 3,820 3,820
ACTIVITIES.
237 0305186D8Z POLICY R&D PROGRAMS............... 4,843 4,843
238 0305199D8Z NET CENTRICITY.................... 13,471 13,471
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 5,994 5,994
SYSTEMS.
247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,273 1,273
TRANSFER PROGRAM.
255 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,690 1,690
256 0708012S PACIFIC DISASTER CENTERS.......... 1,799 1,799
257 0708047S DEFENSE PROPERTY ACCOUNTABILITY 6,390 6,390
SYSTEM.
259 1105219BB MQ-9 UAV.......................... 19,065 19,065
261 1160403BB AVIATION SYSTEMS.................. 173,537 173,537
262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 32,766 32,766
263 1160408BB OPERATIONAL ENHANCEMENTS.......... 145,830 167,230
.................................. Program increase--AISUM........... [21,400]
264 1160431BB WARRIOR SYSTEMS................... 78,592 82,803
.................................. SOCOM UFR--Maritime scalable [4,211]
effects acceleration.
265 1160432BB SPECIAL PROGRAMS.................. 6,486 6,486
266 1160434BB UNMANNED ISR...................... 18,006 18,006
267 1160480BB SOF TACTICAL VEHICLES............. 7,703 7,703
268 1160483BB MARITIME SYSTEMS.................. 58,430 58,430
270 1160490BB OPERATIONAL ENHANCEMENTS 10,990 10,990
INTELLIGENCE.
999 9999999999 CLASSIFIED PROGRAMS............... 5,208,029 5,208,029
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,607,385 6,914,396
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
.................................. UNDISTRIBUTED
272 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 186,639 186,639
273 0608197V NATIONAL BACKGROUND INVESTIGATION 123,570 123,570
SERVICES--SOFTWARE PILOT PROGRAM.
274 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 18,307 18,307
PILOT PROGRAM.
275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 32,774 32,774
276 0308588D8Z ALGORITHMIC WARFARE CROSS 247,452 283,452
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. MAVEN for ADA..................... [36,000]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 608,742 644,742
TECHNOLOGY PILOT PROGRAMS.
.................................. SUBTOTAL UNDISTRIBUTED............ 36,000
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 25,857,875 28,784,404
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 105,394 105,394
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 68,549 68,549
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 42,648 62,648
ANALYSES.
.................................. Joint Test and Evaluation [20,000]
restoration.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 216,591 236,591
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 216,591 236,591
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 111,964,192 117,729,317
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 3,563,856 3,528,856
Unjustified growth............ [-35,000]
020 MODULAR SUPPORT BRIGADES...... 142,082 142,082
030 ECHELONS ABOVE BRIGADE........ 758,174 758,174
040 THEATER LEVEL ASSETS.......... 2,753,783 2,653,783
Unjustified growth............ [-100,000]
050 LAND FORCES OPERATIONS SUPPORT 1,110,156 1,110,156
060 AVIATION ASSETS............... 1,795,522 1,775,522
Unjustified growth............ [-20,000]
070 FORCE READINESS OPERATIONS 7,442,976 7,652,631
SUPPORT......................
Advanced bomb suit............ [12,940]
Army UFR--Arctic cold weather [13,867]
gloves.......................
Army UFR--Arctic OCIE......... [65,050]
Army UFR--ECWCS procurement... [8,999]
Army UFR--Female/small stature [81,750]
body armor...................
Army UFR--Garrison [13,071]
Installation Facilities-
Related Control Systems
(FRCS).......................
Army UFR--Heavylift [33,854]
transportation for OIR.......
Army UFR--Industrial base [14,824]
special installation control
systems......................
CENTCOM UFR--Heavylift [40,300]
logistics....................
Unjustified growth............ [-75,000]
080 LAND FORCES SYSTEMS READINESS. 580,921 594,921
CENTCOM UFR--COMSAT air time.. [34,000]
Unjustified growth............ [-20,000]
090 LAND FORCES DEPOT MAINTENANCE. 1,257,959 1,346,976
Army UFR--Tactical Combat [89,017]
Vehicle Repair Cycle Float...
100 MEDICAL READINESS............. 1,102,964 1,102,964
110 BASE OPERATIONS SUPPORT....... 8,878,603 8,868,603
Program decrease.............. [-10,000]
120 FACILITIES SUSTAINMENT, 4,051,869 4,534,869
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [483,000]
130 MANAGEMENT AND OPERATIONAL 289,891 289,891
HEADQUARTERS.................
140 ADDITIONAL ACTIVITIES......... 526,517 526,517
160 RESET......................... 397,196 392,196
Unjustified growth............ [-5,000]
170 US AFRICA COMMAND............. 384,791 518,337
AFRICOM UFR--Commercial SATCOM [16,500]
AFRICOM UFR--ISR improvements. [67,000]
Army UFR--MQ-9 COCO Support to [50,046]
AFRICOM......................
180 US EUROPEAN COMMAND........... 293,932 335,910
EUCOM UFR--Information [26,765]
Operations...................
EUCOM UFR--Mission Partner [15,213]
Environment..................
190 US SOUTHERN COMMAND........... 196,726 196,726
200 US FORCES KOREA............... 67,052 67,052
210 CYBERSPACE ACTIVITIES-- 621,836 654,751
CYBERSPACE OPERATIONS........
Army UFR--Critical [13,630]
infrastructure risk
management cyber resiliency
mitigations..................
Army UFR--MRCT / Cyber I&W / [4,655]
Ops Cell.....................
Army UFR--Security Operations [14,630]
Center as a Service (SOCaaS).
220 CYBERSPACE ACTIVITIES-- 629,437 726,176
CYBERSECURITY................
Army UFR--C-SCRM supplier [1,200]
vetting and equipment
inspection...................
Army UFR--Cybersecurity [89,889]
control systems assessments..
Army UFR--Cyber-Supply Chain [2,750]
Risk Mgmt (C-SCRM) program...
Army UFR--Defensive cyber [2,900]
sensors......................
SUBTOTAL OPERATING FORCES..... 36,846,243 37,777,093
MOBILIZATION
230 STRATEGIC MOBILITY............ 353,967 353,967
240 ARMY PREPOSITIONED STOCKS..... 381,192 381,192
250 INDUSTRIAL PREPAREDNESS....... 3,810 3,810
SUBTOTAL MOBILIZATION......... 738,969 738,969
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 163,568 163,568
270 RECRUIT TRAINING.............. 75,140 75,140
280 ONE STATION UNIT TRAINING..... 81,274 81,274
290 SENIOR RESERVE OFFICERS 520,973 520,973
TRAINING CORPS...............
300 SPECIALIZED SKILL TRAINING.... 998,869 998,869
310 FLIGHT TRAINING............... 1,309,556 1,309,556
320 PROFESSIONAL DEVELOPMENT 218,651 218,651
EDUCATION....................
330 TRAINING SUPPORT.............. 616,380 629,480
Army UFR--ATRRS Modernization. [18,100]
Unjustified growth............ [-5,000]
340 RECRUITING AND ADVERTISING.... 683,569 684,963
Army UFR--Enterprise [1,394]
Technology Integration,
Governance, and Engineering
Requirements (ETIGER)........
350 EXAMINING..................... 169,442 169,442
360 OFF-DUTY AND VOLUNTARY 214,923 231,078
EDUCATION....................
Army UFR--Tuition assistance.. [16,155]
370 CIVILIAN EDUCATION AND 220,589 220,589
TRAINING.....................
380 JUNIOR RESERVE OFFICER 187,569 187,569
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,460,503 5,491,152
RECRUITING...................
ADMIN & SRVWIDE ACTIVITIES
400 SERVICEWIDE TRANSPORTATION.... 684,562 672,562
Unjustified growth............ [-12,000]
410 CENTRAL SUPPLY ACTIVITIES..... 808,895 808,895
420 LOGISTIC SUPPORT ACTIVITIES... 767,053 796,157
Army UFR--AMC LITeS........... [29,104]
430 AMMUNITION MANAGEMENT......... 469,038 469,038
440 ADMINISTRATION................ 488,535 484,535
Unjustified growth............ [-4,000]
450 SERVICEWIDE COMMUNICATIONS.... 1,952,742 2,007,462
Army UFR--CHRA IT Cloud....... [5,300]
Army UFR--ERP convergence/ [49,420]
modernization................
460 MANPOWER MANAGEMENT........... 323,273 323,273
470 OTHER PERSONNEL SUPPORT....... 663,602 694,670
Army UFR--Enterprise [1,393]
Technology Integration,
Governance, and Engineering
Requirements (ETIGER)........
Army UFR--HR cloud and IT [29,675]
modernization................
480 OTHER SERVICE SUPPORT......... 2,004,981 2,031,364
Program increase--DFAS [49,983]
unfunded requirement.........
Unjustified growth............ [-23,600]
490 ARMY CLAIMS ACTIVITIES........ 180,178 180,178
500 REAL ESTATE MANAGEMENT........ 269,009 272,509
Program increase--real estate [3,500]
inventory tool...............
510 FINANCIAL MANAGEMENT AND AUDIT 437,940 437,940
READINESS....................
520 INTERNATIONAL MILITARY 482,571 482,571
HEADQUARTERS.................
530 MISC. SUPPORT OF OTHER NATIONS 29,670 29,670
9999 CLASSIFIED PROGRAMS........... 2,008,633 2,026,633
SOUTHCOM UFR--Additional [18,000]
traditional ISR operations...
SUBTOTAL ADMIN & SRVWIDE 11,570,682 11,717,457
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -125,000
Historical unobligated [-125,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -125,000
TOTAL OPERATION & MAINTENANCE, 54,616,397 55,599,671
ARMY.........................
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 10,465 10,465
020 ECHELONS ABOVE BRIGADE........ 554,992 554,992
030 THEATER LEVEL ASSETS.......... 120,892 120,892
040 LAND FORCES OPERATIONS SUPPORT 597,718 597,718
050 AVIATION ASSETS............... 111,095 111,095
060 FORCE READINESS OPERATIONS 385,506 385,506
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 98,021 98,021
080 LAND FORCES DEPOT MAINTENANCE. 34,368 34,368
090 BASE OPERATIONS SUPPORT....... 584,513 584,513
100 FACILITIES SUSTAINMENT, 342,433 342,433
RESTORATION & MODERNIZATION..
110 MANAGEMENT AND OPERATIONAL 22,472 22,472
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 2,764 2,764
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,476 7,476
CYBERSECURITY................
SUBTOTAL OPERATING FORCES..... 2,872,715 2,872,715
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 15,400 15,400
150 ADMINISTRATION................ 19,611 19,611
160 SERVICEWIDE COMMUNICATIONS.... 37,458 37,458
170 MANPOWER MANAGEMENT........... 7,162 7,162
180 RECRUITING AND ADVERTISING.... 48,289 48,289
SUBTOTAL ADMIN & SRVWD 127,920 127,920
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -10,000
Historical unobligated [-10,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -10,000
TOTAL OPERATION & MAINTENANCE, 3,000,635 2,990,635
ARMY RES.....................
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 799,854 799,854
020 MODULAR SUPPORT BRIGADES...... 211,561 211,561
030 ECHELONS ABOVE BRIGADE........ 835,709 835,709
040 THEATER LEVEL ASSETS.......... 101,179 101,179
050 LAND FORCES OPERATIONS SUPPORT 34,436 34,436
060 AVIATION ASSETS............... 1,110,416 1,100,416
Unjustified growth............ [-10,000]
070 FORCE READINESS OPERATIONS 704,827 709,927
SUPPORT......................
CNGB UFR--Weapons of Mass [5,100]
Destruction Civil Support
Teams Equipment Sustainment..
080 LAND FORCES SYSTEMS READINESS. 47,886 47,886
090 LAND FORCES DEPOT MAINTENANCE. 244,439 244,439
100 BASE OPERATIONS SUPPORT....... 1,097,960 1,097,960
110 FACILITIES SUSTAINMENT, 956,988 956,988
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 1,047,870 1,047,870
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 8,071 8,071
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 7,828 7,828
CYBERSECURITY................
SUBTOTAL OPERATING FORCES..... 7,209,024 7,204,124
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 8,017 8,017
160 ADMINISTRATION................ 76,993 81,993
Program increase--State [5,000]
Partnership Program..........
170 SERVICEWIDE COMMUNICATIONS.... 101,113 101,113
180 MANPOWER MANAGEMENT........... 8,920 8,920
190 OTHER PERSONNEL SUPPORT....... 240,292 240,292
200 REAL ESTATE MANAGEMENT........ 2,850 2,850
SUBTOTAL ADMIN & SRVWD 438,185 443,185
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -40,000
Historical unobligated [-40,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -40,000
TOTAL OPERATION & MAINTENANCE, 7,647,209 7,607,309
ARNG.........................
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT................... 1,053,668 0
Program reduction............. [-1,053,668]
020 INFRASTRUCTURE................ 1,818 0
Program reduction............. [-1,818]
030 EQUIPMENT AND TRANSPORTATION.. 22,911 0
Program reduction............. [-22,911]
040 TRAINING AND OPERATIONS....... 31,837 0
Program reduction............. [-31,837]
SUBTOTAL AFGHAN NATIONAL ARMY. 1,110,234 0
AFGHAN NATIONAL POLICE
050 SUSTAINMENT................... 440,628 0
Program reduction............. [-440,628]
070 EQUIPMENT AND TRANSPORTATION.. 38,551 0
Program reduction............. [-38,551]
080 TRAINING AND OPERATIONS....... 38,152 0
Program reduction............. [-38,152]
SUBTOTAL AFGHAN NATIONAL 517,331 0
POLICE.......................
AFGHAN AIR FORCE
090 SUSTAINMENT................... 562,056 0
Program reduction............. [-562,056]
110 EQUIPMENT AND TRANSPORTATION.. 26,600 0
Program reduction............. [-26,600]
120 TRAINING AND OPERATIONS....... 169,684 0
Program reduction............. [-169,684]
SUBTOTAL AFGHAN AIR FORCE..... 758,340 0
AFGHAN SPECIAL SECURITY FORCES
130 SUSTAINMENT................... 685,176 0
Program reduction............. [-685,176]
150 EQUIPMENT AND TRANSPORTATION.. 78,962 0
Program reduction............. [-78,962]
160 TRAINING AND OPERATIONS....... 177,767 0
Program reduction............. [-177,767]
SUBTOTAL AFGHAN SPECIAL 941,905 0
SECURITY FORCES..............
TOTAL AFGHANISTAN SECURITY 3,327,810 0
FORCES FUND..................
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 345,000 345,000
020 SYRIA......................... 177,000 177,000
SUBTOTAL COUNTER ISIS TRAIN 522,000 522,000
AND EQUIP FUND (CTEF)........
TOTAL COUNTER ISIS TRAIN AND 522,000 522,000
EQUIP FUND (CTEF)............
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 6,264,654 6,545,054
OPERATIONS...................
Navy UFR--Flying hour program - [280,400]
fleet operations............
020 FLEET AIR TRAINING............ 2,465,007 2,465,007
030 AVIATION TECHNICAL DATA & 55,140 55,140
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 197,904 197,904
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 1,005,932 1,005,932
060 AIRCRAFT DEPOT MAINTENANCE.... 1,675,356 1,897,556
Navy UFR--Additional aircraft [222,200]
depot maintenance events.....
070 AIRCRAFT DEPOT OPERATIONS 65,518 65,518
SUPPORT......................
080 AVIATION LOGISTICS............ 1,460,546 1,460,546
090 MISSION AND OTHER SHIP 5,858,028 5,893,028
OPERATIONS...................
Navy UFR--Resilient [29,000]
Communications and PNT for
Combat Logistics Fleet (CLF).
Navy UFR--Submarine Tender [42,000]
Overhaul.....................
Unjustified growth............ [-36,000]
100 SHIP OPERATIONS SUPPORT & 1,154,696 1,154,696
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 10,300,078 10,514,878
Navy UFR--A-120 availability.. [39,800]
Retained cruisers............. [135,000]
USS Connecticut emergent [40,000]
repairs......................
120 SHIP DEPOT OPERATIONS SUPPORT. 2,188,454 2,188,454
130 COMBAT COMMUNICATIONS AND 1,551,846 1,551,846
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 327,251 327,251
150 WARFARE TACTICS............... 798,082 798,082
160 OPERATIONAL METEOROLOGY AND 447,486 447,486
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 2,250,756 2,282,856
CENTCOM UFR--Naval patrol [47,100]
craft support................
Unjustified growth............ [-15,000]
180 EQUIPMENT MAINTENANCE AND 192,968 192,968
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 61,614 61,614
OPERATIONS...................
200 COMBATANT COMMANDERS DIRECT 198,596 445,596
MISSION SUPPORT..............
INDOPACOM UFR--Critical HQ [4,620]
manpower positions...........
INDOPACOM UFR--ISR [41,000]
augmentation.................
INDOPACOM UFR--Multi-Domain [59,410]
Training and Experimentation
Capability...................
Program increase--INDOPACOM [3,300]
Future fusion centers........
Program increase--INDOPACOM [50,170]
Mission Partner Environment..
Program increase--INDOPACOM [500]
Pacific Movement Coordination
Center.......................
Program increase--INDOPACOM [88,000]
Wargaming analytical tools...
210 MILITARY INFORMATION SUPPORT 8,984 36,984
OPERATIONS...................
Program increase--INDOPACOM [28,000]
Military Information Support
Operations...................
220 CYBERSPACE ACTIVITIES......... 565,926 560,926
Identity, credentialing, and [-5,000]
access management reduction..
230 FLEET BALLISTIC MISSILE....... 1,476,247 1,476,247
240 WEAPONS MAINTENANCE........... 1,538,743 1,513,743
Historical underexecution..... [-25,000]
250 OTHER WEAPON SYSTEMS SUPPORT.. 592,357 592,357
260 ENTERPRISE INFORMATION........ 734,970 690,970
Unjustified growth............ [-44,000]
270 SUSTAINMENT, RESTORATION AND 2,961,937 3,511,937
MODERNIZATION................
Program increase--FSRM........ [550,000]
280 BASE OPERATING SUPPORT........ 4,826,314 4,816,314
Program decrease.............. [-10,000]
SUBTOTAL OPERATING FORCES..... 51,225,390 52,750,890
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 457,015 457,015
300 READY RESERVE FORCE........... 645,522 645,522
310 SHIP ACTIVATIONS/INACTIVATIONS 353,530 349,030
Historical underexecution..... [-4,500]
320 EXPEDITIONARY HEALTH SERVICES 149,384 149,384
SYSTEMS......................
330 COAST GUARD SUPPORT........... 20,639 20,639
SUBTOTAL MOBILIZATION......... 1,626,090 1,621,590
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 172,913 172,913
350 RECRUIT TRAINING.............. 13,813 13,813
360 RESERVE OFFICERS TRAINING 167,152 167,152
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 1,053,104 1,053,104
380 PROFESSIONAL DEVELOPMENT 311,209 311,209
EDUCATION....................
390 TRAINING SUPPORT.............. 306,302 306,302
400 RECRUITING AND ADVERTISING.... 205,219 205,219
410 OFF-DUTY AND VOLUNTARY 79,053 79,053
EDUCATION....................
420 CIVILIAN EDUCATION AND 109,754 109,754
TRAINING.....................
430 JUNIOR ROTC................... 57,323 57,323
SUBTOTAL TRAINING AND 2,475,842 2,475,842
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,268,961 1,290,961
Program increase--Naval Audit [25,000]
Service......................
Unjustified growth............ [-3,000]
450 CIVILIAN MANPOWER AND 212,952 212,952
PERSONNEL MANAGEMENT.........
460 MILITARY MANPOWER AND 562,546 562,546
PERSONNEL MANAGEMENT.........
470 MEDICAL ACTIVITIES............ 285,436 285,436
480 SERVICEWIDE TRANSPORTATION.... 217,782 217,782
500 PLANNING, ENGINEERING, AND 479,480 479,480
PROGRAM SUPPORT..............
510 ACQUISITION, LOGISTICS, AND 741,045 741,045
OVERSIGHT....................
520 INVESTIGATIVE AND SECURITY 738,187 736,687
SERVICES.....................
Unjustified growth............ [-1,500]
9999 CLASSIFIED PROGRAMS........... 607,517 603,477
Classified adjustment......... [-4,040]
SUBTOTAL ADMIN & SRVWD 5,113,906 5,130,366
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -58,000
Historical unobligated [-58,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -58,000
TOTAL OPERATION & MAINTENANCE, 60,441,228 61,920,688
NAVY.........................
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 1,587,456 1,632,756
Marine Corps UFR--Plate [45,300]
Carrier Gen III..............
020 FIELD LOGISTICS............... 1,532,630 1,527,630
Unjustified growth............ [-5,000]
030 DEPOT MAINTENANCE............. 215,949 215,949
040 MARITIME PREPOSITIONING....... 107,969 107,969
050 CYBERSPACE ACTIVITIES......... 233,486 233,486
060 SUSTAINMENT, RESTORATION & 1,221,117 1,354,117
MODERNIZATION................
Program increase--FSRM........ [133,000]
070 BASE OPERATING SUPPORT........ 2,563,278 2,560,278
Unjustified growth............ [-3,000]
SUBTOTAL OPERATING FORCES..... 7,461,885 7,632,185
TRAINING AND RECRUITING
080 RECRUIT TRAINING.............. 24,729 24,729
090 OFFICER ACQUISITION........... 1,208 1,208
100 SPECIALIZED SKILL TRAINING.... 110,752 110,752
110 PROFESSIONAL DEVELOPMENT 61,539 61,539
EDUCATION....................
120 TRAINING SUPPORT.............. 490,975 490,975
130 RECRUITING AND ADVERTISING.... 223,643 223,643
140 OFF-DUTY AND VOLUNTARY 49,369 49,369
EDUCATION....................
150 JUNIOR ROTC................... 26,065 26,065
SUBTOTAL TRAINING AND 988,280 988,280
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 100,475 100,475
170 ADMINISTRATION................ 410,729 410,729
9999 CLASSIFIED PROGRAMS........... 63,422 63,422
SUBTOTAL ADMIN & SRVWD 574,626 574,626
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -10,000
Historical unobligated [-10,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -10,000
TOTAL OPERATION & MAINTENANCE, 9,024,791 9,185,091
MARINE CORPS.................
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 628,522 628,522
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 9,593 9,593
030 AIRCRAFT DEPOT MAINTENANCE.... 135,280 135,280
040 AIRCRAFT DEPOT OPERATIONS 497 497
SUPPORT......................
050 AVIATION LOGISTICS............ 29,435 29,435
070 COMBAT COMMUNICATIONS......... 18,469 18,469
080 COMBAT SUPPORT FORCES......... 136,710 136,710
090 CYBERSPACE ACTIVITIES......... 440 440
100 ENTERPRISE INFORMATION........ 26,628 26,628
110 SUSTAINMENT, RESTORATION AND 42,311 42,311
MODERNIZATION................
120 BASE OPERATING SUPPORT........ 103,606 103,606
SUBTOTAL OPERATING FORCES..... 1,131,491 1,131,491
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,943 1,943
140 MILITARY MANPOWER AND 12,191 12,191
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 3,073 3,073
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 17,207 17,207
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -2,500
Historical unobligated [-2,500]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -2,500
TOTAL OPERATION & MAINTENANCE, 1,148,698 1,146,198
NAVY RES.....................
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 102,271 148,171
Marine Corps UFR--Individual [45,900]
combat clothing and equipment
020 DEPOT MAINTENANCE............. 16,811 16,811
030 SUSTAINMENT, RESTORATION AND 42,702 42,702
MODERNIZATION................
040 BASE OPERATING SUPPORT........ 109,210 109,210
SUBTOTAL OPERATING FORCES..... 270,994 316,894
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................ 14,056 14,056
SUBTOTAL ADMIN & SRVWD 14,056 14,056
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 285,050 330,950
MC RESERVE...................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 706,860 680,530
A-10 aircraft retention....... [1,670]
Unjustified growth............ [-28,000]
020 COMBAT ENHANCEMENT FORCES..... 2,382,448 2,346,948
CENTCOM--MQ-9 combat lines.... [53,000]
EUCOM UFR--Air base air [1,500]
defense operations center....
Unjustified growth............ [-90,000]
030 AIR OPERATIONS TRAINING (OJT, 1,555,320 1,542,750
MAINTAIN SKILLS).............
A-10 aircraft retention....... [12,430]
Contract adversary air........ [5,000]
Unjustified growth............ [-30,000]
040 DEPOT PURCHASE EQUIPMENT 3,661,762 3,707,337
MAINTENANCE..................
A-10 aircraft retention....... [65,575]
Unjustified growth............ [-20,000]
050 FACILITIES SUSTAINMENT, 3,867,114 4,342,114
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [475,000]
060 CYBERSPACE SUSTAINMENT........ 179,568 179,568
070 CONTRACTOR LOGISTICS SUPPORT 8,457,653 8,784,538
AND SYSTEM SUPPORT...........
A-10 aircraft retention....... [15,885]
A-10/F-35 contract maintenance [156,000]
Program increase--F-35 [185,000]
sustainment..................
Unjustified growth............ [-30,000]
080 FLYING HOUR PROGRAM........... 5,646,730 5,699,590
A-10 aircraft retention....... [52,860]
090 BASE SUPPORT.................. 9,846,037 9,776,037
Unjustified growth............ [-70,000]
100 GLOBAL C3I AND EARLY WARNING.. 979,705 988,905
EUCOM--MPE air component [9,200]
battle network...............
110 OTHER COMBAT OPS SPT PROGRAMS. 1,418,515 1,399,625
EUCOM UFR--Air base air [110]
defense......................
Unjustified growth............ [-19,000]
120 CYBERSPACE ACTIVITIES......... 864,761 864,761
150 SPACE CONTROL SYSTEMS......... 13,223 13,223
160 US NORTHCOM/NORAD............. 196,774 196,774
170 US STRATCOM................... 475,015 475,015
180 US CYBERCOM................... 389,663 416,163
CYBERCOM UFR--Acceleration of [3,200]
cyber intelligence...........
Program increase--cyber [23,300]
training.....................
190 US CENTCOM.................... 372,354 386,354
CENTCOM UFR--MISO program..... [24,000]
Unjustified growth--OSC-I..... [-10,000]
200 US SOCOM...................... 28,733 28,733
220 CENTCOM CYBERSPACE SUSTAINMENT 1,289 1,289
230 USSPACECOM.................... 272,601 282,601
SPACECOM UFR--Bridging space [10,000]
protection gaps..............
9999 CLASSIFIED PROGRAMS........... 1,454,383 1,454,383
SUBTOTAL OPERATING FORCES..... 42,770,508 43,567,238
MOBILIZATION
240 AIRLIFT OPERATIONS............ 2,422,784 2,397,784
Unjustified growth............ [-25,000]
250 MOBILIZATION PREPAREDNESS..... 667,851 667,851
SUBTOTAL MOBILIZATION......... 3,090,635 3,065,635
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 156,193 156,193
270 RECRUIT TRAINING.............. 26,072 26,072
280 RESERVE OFFICERS TRAINING 127,693 127,693
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 491,286 481,286
Unjustified growth............ [-10,000]
300 FLIGHT TRAINING............... 718,742 718,742
310 PROFESSIONAL DEVELOPMENT 302,092 302,092
EDUCATION....................
320 TRAINING SUPPORT.............. 162,165 162,165
330 RECRUITING AND ADVERTISING.... 171,339 171,339
340 EXAMINING..................... 8,178 8,178
350 OFF-DUTY AND VOLUNTARY 236,760 236,760
EDUCATION....................
360 CIVILIAN EDUCATION AND 306,602 306,602
TRAINING.....................
370 JUNIOR ROTC................... 65,940 65,940
SUBTOTAL TRAINING AND 2,773,062 2,763,062
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 1,062,709 1,062,709
390 TECHNICAL SUPPORT ACTIVITIES.. 169,957 169,957
400 ADMINISTRATION................ 1,005,827 987,327
Unjustified growth............ [-18,500]
410 SERVICEWIDE COMMUNICATIONS.... 31,054 31,054
420 OTHER SERVICEWIDE ACTIVITIES.. 1,470,757 1,470,757
430 CIVIL AIR PATROL.............. 29,128 47,300
Program increase.............. [18,172]
450 INTERNATIONAL SUPPORT......... 81,118 81,118
9999 CLASSIFIED PROGRAMS........... 1,391,720 1,391,428
Classified adjustment......... [-292]
SUBTOTAL ADMIN & SRVWD 5,242,270 5,241,650
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. -150,000
Historical unobligated [-150,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -150,000
TOTAL OPERATION & MAINTENANCE, 53,876,475 54,487,585
AIR FORCE....................
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING.... 495,615 495,615
020 SPACE LAUNCH OPERATIONS....... 185,700 185,700
030 SPACE OPERATIONS.............. 611,269 611,269
040 EDUCATION & TRAINING.......... 22,887 22,887
060 DEPOT MAINTENANCE............. 280,165 306,165
Program increase--weapon [26,000]
system sustainment...........
070 FACILITIES SUSTAINMENT, 213,347 279,647
RESTORATION & MODERNIZATION..
Space Force UFR--FSRM Cheyenne [66,300]
Mountain Complex.............
080 CONTRACTOR LOGISTICS AND 1,158,707 1,246,707
SYSTEM SUPPORT...............
Program increase--weapon [94,000]
system sustainment...........
Unjustified growth............ [-6,000]
090 SPACE OPERATIONS -BOS......... 143,520 143,520
9999 CLASSIFIED PROGRAMS........... 172,755 172,755
SUBTOTAL OPERATING FORCES..... 3,283,965 3,464,265
ADMINISTRATION AND SERVICE
WIDE ACTIVITIES
100 ADMINISTRATION................ 156,747 146,747
Unjustified growth............ [-10,000]
SUBTOTAL ADMINISTRATION AND 156,747 146,747
SERVICE WIDE ACTIVITIES......
TOTAL OPERATION & MAINTENANCE, 3,440,712 3,611,012
SPACE FORCE..................
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,665,015 1,636,015
Unjustified growth............ [-29,000]
020 MISSION SUPPORT OPERATIONS.... 179,486 179,486
030 DEPOT PURCHASE EQUIPMENT 530,540 530,540
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 114,987 123,987
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [9,000]
050 CONTRACTOR LOGISTICS SUPPORT 254,831 254,831
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 470,801 470,801
070 CYBERSPACE ACTIVITIES......... 1,372 1,372
SUBTOTAL OPERATING FORCES..... 3,217,032 3,197,032
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 ADMINISTRATION................ 91,289 91,289
090 RECRUITING AND ADVERTISING.... 23,181 23,181
100 MILITARY MANPOWER AND PERS 13,966 13,966
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 6,196 6,196
COMP)........................
120 AUDIOVISUAL................... 442 442
SUBTOTAL ADMINISTRATION AND 135,074 135,074
SERVICEWIDE ACTIVITIES.......
UNDISTRIBUTED
998 UNDISTRIBUTED................. -18,000
Historical unobligated [-18,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -18,000
TOTAL OPERATION & MAINTENANCE, 3,352,106 3,314,106
AF RESERVE...................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,281,432 2,281,432
020 MISSION SUPPORT OPERATIONS.... 582,848 588,748
CNGB UFR--HRF/CERFP [5,900]
sustainment..................
030 DEPOT PURCHASE EQUIPMENT 1,241,318 1,226,318
MAINTENANCE..................
Unjustified growth............ [-15,000]
040 FACILITIES SUSTAINMENT, 353,193 379,193
RESTORATION & MODERNIZATION..
Program increase--FSRM........ [26,000]
050 CONTRACTOR LOGISTICS SUPPORT 1,077,654 1,067,654
AND SYSTEM SUPPORT...........
Unjustified growth............ [-10,000]
060 BASE SUPPORT.................. 908,198 908,198
070 CYBERSPACE SUSTAINMENT........ 23,895 23,895
080 CYBERSPACE ACTIVITIES......... 17,263 17,263
SUBTOTAL OPERATING FORCES..... 6,485,801 6,492,701
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 46,455 46,455
100 RECRUITING AND ADVERTISING.... 41,764 41,764
SUBTOTAL ADMINISTRATION AND 88,219 88,219
SERVICE-WIDE ACTIVITIES......
UNDISTRIBUTED
998 UNDISTRIBUTED................. -15,000
Historical unobligated [-15,000]
balances.....................
SUBTOTAL UNDISTRIBUTED........ -15,000
TOTAL OPERATION & MAINTENANCE, 6,574,020 6,565,920
ANG..........................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 407,240 402,240
Unjustified growth............ [-5,000]
020 JOINT CHIEFS OF STAFF--CE2T2.. 554,634 607,734
AFRICOM UFR--Joint Exercise [18,000]
Program......................
INDOPACOM UFR--Joint Exercise [35,100]
Program......................
030 JOINT CHIEFS OF STAFF--CYBER.. 8,098 8,098
050 SPECIAL OPERATIONS COMMAND 2,044,479 2,047,789
COMBAT DEVELOPMENT ACTIVITIES
SOCOM--Armored ground mobility [3,310]
systems (AGMS) acceleration..
060 SPECIAL OPERATIONS COMMAND 45,851 45,851
CYBERSPACE ACTIVITIES........
070 SPECIAL OPERATIONS COMMAND 1,614,757 1,614,757
INTELLIGENCE.................
080 SPECIAL OPERATIONS COMMAND 1,081,869 1,088,210
MAINTENANCE..................
SOCOM UFR--Modernized forward [900]
look sonar...................
SOCOM UFR--Personal signature [5,441]
management acceleration......
090 SPECIAL OPERATIONS COMMAND 180,042 180,042
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
100 SPECIAL OPERATIONS COMMAND 1,202,060 1,202,060
OPERATIONAL SUPPORT..........
110 SPECIAL OPERATIONS COMMAND 3,175,789 3,175,789
THEATER FORCES...............
SUBTOTAL OPERATING FORCES..... 10,314,819 10,372,570
TRAINING AND RECRUITING
130 DEFENSE ACQUISITION UNIVERSITY 171,607 171,607
140 JOINT CHIEFS OF STAFF......... 92,905 92,905
150 PROFESSIONAL DEVELOPMENT 31,669 31,669
EDUCATION....................
SUBTOTAL TRAINING AND 296,181 296,181
RECRUITING...................
ADMIN & SRVWIDE ACTIVITIES
170 CIVIL MILITARY PROGRAMS....... 137,311 264,592
Program increase--National [85,281]
Guard Youth Challenge........
Program increase--STARBASE.... [42,000]
190 DEFENSE CONTRACT AUDIT AGENCY. 618,526 606,526
Unjustified growth............ [-12,000]
200 DEFENSE CONTRACT AUDIT AGENCY-- 3,984 3,984
CYBER........................
220 DEFENSE CONTRACT MANAGEMENT 1,438,296 1,435,796
AGENCY.......................
Unjustified growth............ [-2,500]
230 DEFENSE CONTRACT MANAGEMENT 11,999 11,999
AGENCY--CYBER................
240 DEFENSE COUNTERINTELLIGENCE 941,488 931,488
AND SECURITY AGENCY..........
Unjustified growth............ [-10,000]
260 DEFENSE COUNTERINTELLIGENCE 9,859 9,859
AND SECURITY AGENCY--CYBER...
270 DEFENSE HUMAN RESOURCES 816,168 881,168
ACTIVITY.....................
DHRA/DSPO--support FY2021 [5,000]
congressional increases......
DHRA/SAPRO--FY2021 baseline [60,000]
restoral.....................
280 DEFENSE HUMAN RESOURCES 17,655 17,655
ACTIVITY--CYBER..............
290 DEFENSE INFORMATION SYSTEMS 1,913,734 1,934,769
AGENCY.......................
milCloud 2.0 migration........ [21,035]
310 DEFENSE INFORMATION SYSTEMS 530,278 612,378
AGENCY--CYBER................
Program increase--hardening [62,100]
DOD networks.................
Program increase--securing the [20,000]
Department of Defense
Information Network..........
350 DEFENSE LEGAL SERVICES AGENCY. 229,498 229,498
360 DEFENSE LOGISTICS AGENCY...... 402,864 407,664
Program increase--Procurement [4,800]
Technical Assistance Program.
370 DEFENSE MEDIA ACTIVITY........ 222,655 222,655
380 DEFENSE PERSONNEL ACCOUNTING 130,174 155,174
AGENCY.......................
DPAA (POW/MIA)--support FY2021 [25,000]
congressional increases......
390 DEFENSE SECURITY COOPERATION 2,067,446 1,922,157
AGENCY.......................
Program increase.............. [104,711]
Transfer to Ukraine Security [-250,000]
Assistance...................
420 DEFENSE TECHNOLOGY SECURITY 39,305 39,305
ADMINISTRATION...............
440 DEFENSE THREAT REDUCTION 885,749 885,749
AGENCY.......................
460 DEFENSE THREAT REDUCTION 36,736 36,736
AGENCY--CYBER................
470 DEPARTMENT OF DEFENSE 3,138,345 3,208,345
EDUCATION ACTIVITY...........
Program increase--Impact Aid.. [50,000]
Program increase--Impact Aid [20,000]
for children with severe
disabilities.................
490 MISSILE DEFENSE AGENCY........ 502,450 502,450
530 OFFICE OF THE LOCAL DEFENSE 89,686 104,686
COMMUNITY COOPERATION--OSD...
Program increase--Defense [15,000]
Community Infrastructure
Program......................
540 OFFICE OF THE SECRETARY OF 1,766,614 1,844,114
DEFENSE......................
Bien Hoa dioxin cleanup....... [15,000]
Cost Assessment Data [3,500]
Enterprise...................
Military working dog pilot [10,000]
program......................
National Commission on [10,000]
Synthetic Biology............
Office of the Secretary of [9,000]
Defense civilian workforce...
Personnel in the Office of [3,000]
Assistant Secretary of
Defense Sustainment and
Environment, Safety, and
Occupational Health..........
Program increase--Afghanistan [5,000]
War Commission...............
Program increase--CDC water [15,000]
contamination study and
assessment...................
Program increase--Commission [5,000]
on Planning, Programming,
Budgeting, and Execution
Reform.......................
Program increase--Commission [5,000]
on the National Defense
Strategy.....................
Program increase--Commission [7,000]
on the Strategic Posture of
the U.S......................
Unjustified growth--non-pay... [-10,000]
550 OFFICE OF THE SECRETARY OF 32,851 32,851
DEFENSE--CYBER...............
560 SPACE DEVELOPMENT AGENCY...... 53,851 53,851
570 WASHINGTON HEADQUARTERS 369,698 364,698
SERVICES.....................
Unjustified growth............ [-5,000]
999 CLASSIFIED PROGRAMS........... 17,900,146 17,833,213
Classified adjustment......... [-66,933]
SUBTOTAL ADMIN & SRVWIDE 34,307,366 34,553,360
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. 490,304
Depot capital investment...... [500,000]
Program reduction--SOCOM [-9,696]
unjustified increase in
management and headquarters
expenses.....................
SUBTOTAL UNDISTRIBUTED........ 490,304
TOTAL OPERATION AND 44,918,366 45,712,415
MAINTENANCE, DEFENSE-WIDE....
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE
ARMED FORCES, DEF
010 US COURT OF APPEALS FOR THE 15,589 15,589
ARMED FORCES, DEFENSE........
SUBTOTAL US COURT OF APPEALS 15,589 15,589
FOR THE ARMED FORCES, DEF....
TOTAL MISCELLANEOUS 15,589 15,589
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
010 OVERSEAS HUMANITARIAN, 110,051 150,051
DISASTER AND CIVIC AID.......
Program increase.............. [40,000]
SUBTOTAL OVERSEAS 110,051 150,051
HUMANITARIAN, DISASTER, AND
CIVIC AID....................
TOTAL MISCELLANEOUS 110,051 150,051
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 239,849 344,849
Program increase--Biological [105,000]
Threat Reduction Program.....
SUBTOTAL COOPERATIVE THREAT 239,849 344,849
REDUCTION ACCOUNT............
TOTAL MISCELLANEOUS 239,849 344,849
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 54,679 54,679
SUBTOTAL ACQUISITION WORKFORCE 54,679 54,679
DEVELOPMENT..................
TOTAL MISCELLANEOUS 54,679 54,679
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION,
ARMY
050 ENVIRONMENTAL RESTORATION, 200,806 299,606
ARMY.........................
Program increase for PFAS..... [98,800]
SUBTOTAL ENVIRONMENTAL 200,806 299,606
RESTORATION, ARMY............
TOTAL MISCELLANEOUS 200,806 299,606
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION,
NAVY
060 ENVIRONMENTAL RESTORATION, 298,250 465,550
NAVY.........................
Program increase for PFAS..... [167,300]
SUBTOTAL ENVIRONMENTAL 298,250 465,550
RESTORATION, NAVY............
TOTAL MISCELLANEOUS 298,250 465,550
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, AIR
FORCE
070 ENVIRONMENTAL RESTORATION, AIR 301,768 476,768
FORCE........................
Program increase for PFAS..... [175,000]
SUBTOTAL ENVIRONMENTAL 301,768 476,768
RESTORATION, AIR FORCE.......
TOTAL MISCELLANEOUS 301,768 476,768
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION,
DEFENSE
080 ENVIRONMENTAL RESTORATION, 8,783 10,979
DEFENSE......................
Program increase.............. [2,196]
SUBTOTAL ENVIRONMENTAL 8,783 10,979
RESTORATION, DEFENSE.........
TOTAL MISCELLANEOUS 8,783 10,979
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION 218,580 292,580
FORMERLY USED SITES..........
Program increase for PFAS..... [74,000]
SUBTOTAL ENVIRONMENTAL 218,580 292,580
RESTORATION FORMERLY USED
SITES........................
TOTAL MISCELLANEOUS 218,580 292,580
APPROPRIATIONS...............
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE... 300,000
Program increase.............. [50,000]
Transfer from Defense Security [250,000]
Cooperation Agency...........
TOTAL UKRAINE SECURITY 300,000
ASSISTANCE...................
TOTAL OPERATION & MAINTENANCE. 253,623,852 255,404,231
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 157,947,920 157,567,460
ARNG CBRN Response Forces Readiness... [9,200]
Manpower costs associated with [45,000]
retaining two cruisers...............
A-10/F-35 Active duty maintainers..... [93,000]
Military personnel historical [-527,660]
underexecution.......................
Medicare-Eligible Retiree Health Care 9,337,175 9,337,175
Fund Contributions...................
TOTAL, Military Personnel........... 167,285,095 166,904,635
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 26,935 26,935
ARMY SUPPLY MANAGEMENT................ 357,776 357,776
TOTAL WORKING CAPITAL FUND, ARMY... 384,711 384,711
WORKING CAPITAL FUND, NAVY
SUPPLY MANAGEMENT--NAVY............... 150,000 150,000
TOTAL WORKING CAPITAL FUND, NAVY... 150,000 150,000
WORKING CAPITAL FUND, AIR FORCE
SUPPLY MANAGEMENT..................... 77,453 77,453
TOTAL WORKING CAPITAL FUND, AIR 77,453 77,453
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
ENERGY MANAGEMENT--DEFENSE............ 40,000 40,000
SUPPLY CHAIN MANAGEMENT--DEFENSE...... 87,765 87,765
TOTAL WORKING CAPITAL FUND, DEFENSE- 127,765 127,765
WIDE...............................
WORKING CAPITAL FUND, DECA
COMMISSARY OPERATIONS................. 1,162,071 1,162,071
TOTAL WORKING CAPITAL FUND, DECA... 1,162,071 1,162,071
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 93,121 93,121
CHEM DEMILITARIZATION--RDT&E.......... 1,001,231 1,001,231
TOTAL CHEM AGENTS & MUNITIONS 1,094,352 1,094,352
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 593,250 593,250
DRUG DEMAND REDUCTION PROGRAM......... 126,024 126,024
NATIONAL GUARD COUNTER-DRUG PROGRAM... 96,970 96,970
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,664 5,664
TOTAL DRUG INTERDICTION & CTR-DRUG 821,908 821,908
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 434,700 434,700
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,218 1,218
OFFICE OF THE INSPECTOR GENERAL--RDTE. 2,365 2,365
OFFICE OF THE INSPECTOR GENERAL-- 80 80
PROCUREMENT..........................
TOTAL OFFICE OF THE INSPECTOR 438,363 438,363
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,720,004 9,587,742
Assumptions for care............. [-27,800]
Excess funding for capability [-104,462]
replacement......................
PRIVATE SECTOR CARE................... 18,092,679 18,068,879
Unjustified support services [-23,800]
growth...........................
CONSOLIDATED HEALTH SUPPORT........... 1,541,122 1,556,522
Assumptions for care............. [-14,600]
Program increase: Anomalous [30,000]
health incidents care capacity...
INFORMATION MANAGEMENT................ 2,233,677 2,233,677
MANAGEMENT ACTIVITIES................. 335,138 335,138
EDUCATION AND TRAINING................ 333,234 333,234
BASE OPERATIONS/COMMUNICATIONS........ 1,926,865 1,921,865
Program decrease................. [-5,000]
R&D RESEARCH.......................... 9,091 9,091
R&D EXPLORATRY DEVELOPMENT............ 75,463 75,463
R&D ADVANCED DEVELOPMENT.............. 235,556 235,556
R&D DEMONSTRATION/VALIDATION.......... 142,252 142,252
R&D ENGINEERING DEVELOPMENT........... 101,054 101,054
R&D MANAGEMENT AND SUPPORT............ 49,645 49,645
R&D CAPABILITIES ENHANCEMENT.......... 17,619 17,619
UNDISTRIBUTED RDT&E................... 12,500
Combat triple negative breast [10,000]
cancer...........................
Post-traumatic stress disorder... [2,500]
PROC INITIAL OUTFITTING............... 20,926 20,926
PROC REPLACEMENT & MODERNIZATION...... 250,366 250,366
PROC MILITARY HEALTH SYSTEM--DESKTOP 72,302 72,302
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 435,414 435,414
MODERNIZATION........................
TOTAL DEFENSE HEALTH PROGRAM....... 35,592,407 35,459,245
TOTAL OTHER AUTHORIZATIONS......... 39,849,030 39,715,868
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2022 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alabama
Army Fort Rucker AIT Barracks Complex....... 0 66,000
Army Redstone Arsenal Propulsion Systems Lab..... 55,000 55,000
Belgium
Army Shape Headquarters Command and Control 16,000 16,000
Facility.
California
Army Fort Irwin Simulations Center......... 52,000 52,000
Georgia
Army Fort Gordon Cyber Center of Excellence 0 3,670
School Headquarters and
Classrooms (P&D).
Army Fort Gordon Cyber Instructional Fac 69,000 69,000
(Admin/Cmd), Inc. 2.
Army Fort Stewart Barracks................... 0 105,000
Germany
Army East Camp Grafenwoehr EDI: Barracks and Dining 103,000 103,000
Facility.
Army Smith Barracks Indoor Small Arms Range.... 17,500 17,500
Army Smith Barracks Live Fire Exercise 16,000 16,000
Shoothouse.
Hawaii
Army Fort Shafter Ctc--Command and Control 0 55,000
Facility.
Army Wheeler Army Airfield Rotary Wing Parking Apron.. 0 56,000
Army Wheeler Army Airfield Aviation Unit OPS Building. 0 84,000
Army West Loch Nav Mag Ammunition Storage......... 51,000 51,000
Annex
Kansas
Army Fort Leavenworth Child Development Center... 0 34,000
Kentucky
Army Fort Knox Child Development Center... 0 27,000
Louisiana
Army Fort Polk Joint Operations Center.... 55,000 55,000
Army Fort Polk Barracks................... 0 56,000
Maryland
Army Aberdeen Proving Moving Target Simulator 0 0
Ground (Combat Systems Simulation
Laboratory).
Army Fort Detrick Medical Waste Incinerator.. 0 23,981
Army Fort Detrick USAMRMC Headquarters....... 0 0
Army Fort Meade Barracks................... 81,000 81,000
Mississippi
Army Engineer Research and Communications Center...... 0 0
Development Center
Army Engineer Research and Rtd&e (Risk Lab)........... 0 0
Development Center
Missouri
Army Fort Leonard Wood Advanced Individual 0 4,000
Training Battalion Complex
(P&D).
New Jersey
Army Picatinny Arsenal Igloo Storage, Installation 0 0
New Mexico
Army White Sands Missile Missile Assembly Support 0 29,000
Range Facility.
New York
Army Fort Hamilton Information Systems 26,000 26,000
Facility.
Army West Point Military Ctc--Engineering Center.... 0 17,200
Reservation
Army Watervliet Arsenal Access Control Point....... 20,000 20,000
Pennsylvania
Army Letterkenny Army Depot Fire Station............... 21,000 21,000
South Carolina
Army Fort Jackson Reception Barracks Complex, 34,000 34,000
Ph2, Inc. 2.
Army Fort Jackson Ctc- Reception Barracks, 0 21,000
Ph1.
Texas
Army Camp Bullis Ctc- Vehicle Maintenance 0 16,400
Shop.
Army Fort Hood Barracks................... 0 61,000
Army Fort Hood Barracks................... 0 69,000
Virginia
Army Joint Base Langley- AIT Barracks Complex, Ph4.. 0 16,000
Eustis
Worldwide Classified
Army Classified Location Forward Operating Site..... 31,000 31,000
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support........ 27,000 27,000
Locations
Army Unspecified Worldwide Minor Construction......... 35,543 35,543
Locations
Army Unspecified Worldwide Planning and Design........ 124,649 134,649
Locations
Army Worldwide Various Labs and RDT&E Planning and 0 45,000
Locations Design Unfunded
Requirement.
Army Worldwide Various Cost to Complete-- 0 69,000
Locations Unspecified Minor
Construction.
........................
Military Construction, Army Total 834,692 1,727,943
......................
Arizona
Navy Marine Corps Air Combat Training Tank 0 29,300
Station Yuma Complex.
Navy Marine Corps Air Bachelor Enlisted Quarters. 0 0
Station Yuma
California
Navy Marine Corps Base Camp I MEF Consolidated 19,869 19,869
Pendleton Information Center Inc..
Navy Marine Corps Base Camp Warehouse Replacement...... 0 22,200
Pendleton
Navy Marine Corps Base Camp Basilone Road Realignment.. 0 0
Pendleton
Navy Marine Corps Air F-35 Centralized Engine 0 31,400
Station Miramar Repair Facility.
Navy Marine Corps Air Aircraft Maintenance Hangar 0 185,991
Station Miramar
Navy Naval Air Station F-35C Hangar 6 Phase 2 (Mod 75,070 50,000
Lemoore 3/4) Inc..
Navy Marine Corps Air Cost to Complete-- 0 45,000
Ground Combat Center Wastewater Treatment Plant.
Navy Naval Base Ventura Combat Vehicle Maintenance 0 48,700
County Facility.
Navy Naval Base Ventura MQ-25 Aircraft Maintenance 0 125,291
County Hangar.
Navy Naval Base Coronado CMV-22B Aircraft 0 63,600
Maintenance Hangar.
Navy Marine Corps Base Camp CLB MEU Complex............ 0 83,900
Pendleton
Navy Marine Corps Reserve Recruit Mess Hall 0 93,700
Depot San Diego Replacement.
Navy Naval Information Reconfigurable Cyber 0 0
Warfare Center Laboratory.
Pacific
Navy Naval Weapons Station Missile Magazines Inc...... 10,840 10,840
Seal Beach
Navy Naval Base San Diego Pier 6 Replacement Inc..... 50,000 50,000
Navy San Nicholas Island Directed Energy Weapons 19,907 19,907
Test Facilities.
District of Columbia
Navy Naval Research Electromagnetic & Cyber 0 0
Laboratory Countermeasures Laboratory.
Navy Naval Research Biomolecular Science & 0 0
Laboratory Synthetic Biology
Laboratory.
El Salvador
Navy Cooperative Security Hangar and Ramp Expansion.. 0 0
Location Comalapa
Florida
Navy Naval Air Station Planning and Design for 0 7,000
Jacksonville Lighterage and Small Craft.
Navy Naval Surface Warfare Unmanned Vehicle Littoral 0 0
Center Panama City Combat Space.
Division
Navy Naval Surface Warfare Mine Warfare RDT&E Facility 0 0
Center Panama City
Division
Navy Naval Undersea Warfare AUTEC Pier Facility 1902... 0 37,980
Center Panama City
Division
Navy Marine Corps Support Lighterage and Small Craft 0 69,400
Facility Blount Facility.
Island
Navy Naval Undersea Warfare Array Calibration Facility. 0 0
Center Panama City
Division
Greece
Navy Naval Support Activity EDI: Joint Mobility 41,650 41,650
Souda Bay Processing Center.
Guam
Navy Andersen Air Force Aviation Admin Building.... 50,890 50,890
Base
Navy Joint Region Marianas 4th Marines Regiment 109,507 65,000
Facilities.
Navy Joint Region Marianas Bachelor Enlisted Quarters 43,200 43,200
H Inc..
Navy Joint Region Marianas Combat Logistics Batallion- 92,710 49,710
4 Facility.
Navy Joint Region Marianas Consolidated Armory........ 43,470 43,470
Navy Joint Region Marianas Infantry Battalion Company 44,100 44,100
HQ.
Navy Joint Region Marianas Joint Communication Upgrade 84,000 84,000
Inc..
Navy Joint Region Marianas Marine Expeditionary 66,830 66,830
Brigade Enablers.
Navy Joint Region Marianas Principal End Item (PEI) 47,110 47,110
Warehouse.
Navy Joint Region Marianas X-Ray Wharf Berth 2........ 103,800 51,900
Hawaii
Navy Marine Corps Training Perimeter Security Fence... 0 6,220
Area Bellows
Navy Marine Corps Base Bachelor Enlisted Quarters, 0 101,200
Kaneohe Ph 2 Inc,.
Navy Marine Corps Base Electrical Distribution 0 64,500
Kaneohe Modernization.
Indiana
Navy Naval Surface Warfare Strategic Systems 0 0
Center Crane Division Engineering & Hardware
Assurance Center.
Navy Naval Surface Warfare Corporate Operations and 0 0
Center Crane Division Training Center.
Navy Naval Surface Warfare Anti-Ship Missile Defense 0 0
Center Crane Division Life Cycle Integration and
Test Center.
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3) 15,292 15,292
Yokosuka Inc..
Navy Fleet Activities Ship Handling & Combat 49,900 49,900
Yokosuka Training Facilities.
Maine
Navy Naval Support Activity Firehouse (P&D)............ 0 2,500
Cutler
Navy Portsmouth Naval Multi-Mission Drydock #1 250,000 250,000
Shipyard Extension Inc..
Navy Portsmouth Naval Multi-Mission Drydock #1 0 0
Shipyard Extension Inc.--Navy #1
Ufr.
Maryland
Navy Naval Air Station Planning and Design for 0 1,500
Patuxent River Aircraft Prototyping
Facility, Ph 3.
Navy Naval Air Warfare Aircraft Prototyping 0 0
Center Aircraft Facility, Ph 3.
Division
Navy Naval Air Warfare Rotary Wing T&E Hangar 0 0
Center Aircraft Replacement.
Division
Navy Naval Surface Warfare Ship Systems Design & 0 0
Center Carderock Integration Facility.
Division
Navy Naval Surface Warfare ARD Range Craft Berthing 0 0
Center Carderock Facility.
Division
Navy Naval Surface Warfare Navy Combatant Craft 0 0
Center Carderock Laboratory.
Division
Navy Naval Surface Warfare Planning and Design for 0 1,500
Center Indian Head Contained Burn Facility.
Navy Naval Surface Warfare Energetic Systems and 0 0
Center Indian Head Technology Laboratory
Complex, Ph 2.
Navy Naval Surface Warfare Contained Burn Facility.... 0 0
Center Indian Head
Navy Naval Surface Warfare Energetic Chemical Scale-up 0 0
Center Indian Head Facility.
Navy Naval Surface Warfare Energetics Prototyping 0 0
Center Indian Head Facility.
Navy Naval Surface Warfare Energetic Systems and 0 0
Center Indian Head Technology Laboratory
Complex, Ph 3.
Nevada
Navy Naval Air Station Training Range Land 48,250 0
Fallon Acquisition--Ph 2.
North Carolina
Navy Marine Corps Base Camp Cost to Complete--Water 0 64,200
Lejeune Treatment Plant
Replacement Hadnot Pt.
Navy Marine Corps Base Camp II MEF Operations Center 42,200 42,200
Lejeune Replacement Inc..
Navy Marine Corps Air Aircraft Maintenance Hangar 207,897 57,897
Station Cherry Point
Navy Marine Corps Air F-35 Flightline Utilities 113,520 30,000
Station Cherry Point Modernization Ph 2.
Navy Marine Corps Air F-35 Joint Strike Fighter 0 10,000
Station Cherry Point Sustainment Center (P-993)
(P&D).
Navy Marine Corps Air Ctc--ATC Tower and Airfield 0 18,700
Station Cherry Point Operations.
Navy Marine Corps Air Maintenance Hangar (P&D)... 0 13,300
Station New River
Navy Marine Corps Air Aircraft Maintenance Hangar 0 2,700
Station New River Addition/Alteration (P&D).
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 77,290
Center Philadelphia Development Center.
Division
Navy Naval Surface Warfare Machinery Integration Lab, 0 0
Center Philadelphia Ph 1.
Division
Navy Naval Surface Warfare Power & Energy Tech Systems 0 0
Center Philadelphia Integration Lab.
Division
Poland
Navy Redzikowo AEGIS Ashore Barracks 0 0
Planning and Design.
Rhode Island
Navy Naval Station Newport Next Generation Torpedo 0 1,200
Integration Lab (P&D).
Navy Naval Station Newport Submarine Payloads 0 1,400
Integration Laboratory
(P&D).
Navy Naval Station Newport Consolidated RDT&E Systems 0 1,700
Facility (P&D).
Navy Naval Station Newport Next Generation Secure 0 4,000
Submarine Platform
Facility (P&D).
Navy Naval Undersea Warfare Next Generation Secure 0 0
Center Newport Submarine Platform
Division Facility.
Navy Naval Undersea Warfare Next Generation Torpedo 0 0
Center Newport Integration Lab.
Division
Navy Naval Undersea Warfare Submarine Payloads 0 0
Center Newport Integration Facility.
Division
Navy Naval Undersea Warfare Consolidation RDT&E Systems 0 0
Center Newport Facility.
Division
South Carolina
Navy Marine Corps Air Instrument Landing System.. 0 3,000
Station Beaufort
Navy Marine Corps Air F-35 Operational Support 0 4,700
Station Beaufort Facility.
Navy Marine Corps Air Ctc--Recycling/Hazardous 0 5,000
Station Beaufort Waste Facility.
Navy Marine Corps Air Aircraft Maintenance Hangar 0 122,600
Station Beaufort
Navy Marine Corps Reserve Entry Control Facility..... 0 6,000
Depot Parris Island
Spain
Navy Naval Station Rota EDI: Explosive Ordnance 0 85,600
Disposal (EOD) Mobile Unit
Facilities.
Texas
Navy Naval Air Station Planning and Design for 0 2,500
Kingsville Fire Rescue Safety Center.
Virginia
Navy Naval Station Norfolk CMV-22 Aircraft Maintenance 0 75,100
Hangar and Airfield
Improvement.
Navy Naval Station Norfolk Submarine Pier 3 Inc....... 88,923 43,923
Navy Naval Surface Warfare Cyber Threat & Weapon 0 0
Center Dahlgren Systems Engineering
Division Complex.
Navy Naval Surface Warfare High Powered Electric 0 0
Center Dahlgren Weapons Laboratory.
Division
Navy Norfolk Naval Shipyard Dry Dock Saltwater System 156,380 30,000
for CVN-78.
Navy Marine Corps Base Vehicle Inspection and 42,850 42,850
Quantico Visitor Control Center.
Navy Marine Corps Base Wargaming Center Inc....... 30,500 30,500
Quantico
Navy Naval Weapons Station Navy Munitions Command 0 93,500
Yorktown (Nmc) Ordnance Facilities
Recap, Phase 2.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design........ 363,252 413,252
Locations
Navy Unspecified Worldwide Shipyard Investment 0 225,000
Locations Optimization Program.
Navy Unspecified Worldwide Shipyard Investment 0 62,820
Locations Optimization Program--
Planning and Design.
Navy Unspecified Worldwide Unspecified Minor 56,435 56,435
Locations Construction.
Navy Worldwide Various PDI: Planning and Design 0 68,200
Locations Unfunded Requirement.
Navy Worldwide Various Unspecified Minor 0 75,000
Locations Construction.
Navy Worldwide Various Labs and RDT&E Planning and 0 50,000
Locations Design Unfunded
Requirement.
........................
Military Construction, Navy Total 2,368,352 3,895,117
......................
Alaska
AF Eielson Air Force Base Contaminated Soil Removal.. 0 44,850
AF Joint Base Elmendorf- Extend Runway 16/34, Inc. 1 79,000 79,000
Richardson
Arizona
AF Davis-Monthan Air South Wilmot Gate.......... 13,400 13,400
Force Base
AF Luke Air Force Base F-35A ADAL AMU Facility 28,000 28,000
Squadron #6.
AF Luke Air Force Base F-35A Squadron Operations 21,000 21,000
Facility #6.
Australia
AF Royal Australian Air Squadron Operations 7,400 7,400
Force Base Darwin Facility.
AF Royal Australian Air Aircraft Maintenance 6,200 6,200
Force Base Tindal Support Facility.
AF Royal Australian Air Squadron Operations 8,200 8,200
Force Base Tindal Facility.
California
AF Edwards Air Force Base Flight Test Engineering Lab 4,000 4,000
Complex.
AF Edwards Air Force Base Upgrade Munitions Complex.. 0 0
AF Edwards Air Force Base Rocket Engineering, 0 0
Analysis, and
Collaboration Hub (Reach).
AF Vandenberg Space Force GBSD Re-Entry Vehicle 48,000 48,000
Base Facility.
AF Vandenberg Space Force GBSD Stage Processing 19,000 19,000
Base Facility.
Colorado
AF Schriever Space Force ADAL Fitness Center........ 0 30,000
Base
AF United States Air Add High Bay Vehicle 0 4,360
Force Academy Maintenance.
AF United States Air Cadet Prep School Dormitory 0 0
Force Academy
District of Columbia
AF Joint Base Anacostia Joint Air Defense 24,000 24,000
Bolling Operations Center Ph 2.
Florida
AF Eglin Air Force Base Weapons Technology 0 40,000
Integration Center (P&D).
AF Eglin Air Force Base HC-Blackfyre Facilities.... 0 0
AF Eglin Air Force Base JADC2 & Abms Test Facility. 0 0
AF Eglin Air Force Base F-35A Development/ 0 4,000
Operational Test 2-Bay
Hangar (P&D).
AF Eglin Air Force Base Ctc--Advanced Munitions 0 35,000
Technology Complex.
AF Eglin Air Force Base Integrated Control Facility 0 0
AF Eglin Air Force Base F-35A Development Test 2- 0 0
Bay MX Hangar.
AF Eglin Air Force Base Flightline Fire Station at 0 14,000
Duke Field.
Georgia
AF Moody Air Force Base 41 Rqs Hh-60w Apron........ 0 0
Germany
AF Spangdahlem Air Base F/a-22 LO/Composite Repair 22,625 22,625
Facility.
Guam
AF Joint Region Marianas Airfield Damage Repair 30,000 30,000
Warehouse.
AF Joint Region Marianas Hayman Munitions Storage 9,824 9,824
Igloos, MSA2.
AF Joint Region Marianas Munitions Storage Igloos IV 55,000 55,000
Hawaii
AF Maui Experimental Site Secure Integration Support 0 8,800
#3 Lab W/ Land Acquisition
(P&D).
Hungary
AF Kecskemet Air Base EDI: Construct Airfield 20,564 20,564
Upgrades.
AF Kecskemet Air Base EDI: Construct Parallel 38,650 38,650
Taxiway.
Italy
AF Aviano Air Force Base Area A1 Entry Control Point 0 10,200
Japan
AF Kadena Air Base Airfield Damage Repair 38,000 38,000
Storage Facility.
AF Kadena Air Base Helicopter Rescue OPS 168,000 35,000
Maintenance Hangar.
AF Kadena Air Base Replace Munitions 26,100 26,100
Structures.
AF Misawa Air Base Airfield Damage Repair 25,000 25,000
Facility.
AF Yokota Air Base C-130J Corrosion Control 67,000 67,000
Hangar.
AF Yokota Air Base Airfield Damage Repair 0 39,000
Warehouse.
AF Yokota Air Base Construct CATM Facility.... 25,000 25,000
Louisiana
AF Barksdale Air Force Weapons Generation 40,000 40,000
Base Facility, Inc. 1.
AF Barksdale Air Force New Entrance Road and Gate 0 36,000
Base Complex--Ctc.
Maryland
AF Joint Base Andrews Fire Crash Rescue Station.. 26,000 26,000
AF Joint Base Andrews Military Working Dog 0 10,000
Kennel--Ctc.
Massachusetts
AF Hanscom Air Force Base NC3 Acquisitions Management 66,000 66,000
Facility.
Nebraska
AF Offutt Air Force Base Replace Trestle F312....... 0 0
Nevada
AF Creech Air Force Base Warrior Fitness Training 0 2,200
Center (P&D).
AF Creech Air Force Base Mission Support Facility... 0 14,200
New Mexico
AF Cannon Air Force Base 192 Bed Dormitory (P&D).... 0 5,568
AF Cannon Air Force Base Deployment Processing 0 5,976
Center (P&D).
AF Holloman Air Force Indoor Target Flip Facility 0 2,340
Base (P&D).
AF Holloman Air Force RAMS Indoor Target Flip 0 0
Base Facility.
AF Holloman Air Force Holloman High Speed Test 0 0
Base Track Recapitalization.
AF Holloman Air Force ADAL Fabrication Shop...... 0 0
Base
AF Holloman Air Force MQ-9 Formal Training Unit 0 0
Base Operations Facility.
AF Kirtland Air Force Dedicated Facility for the 0 5,280
Base Space Rapid Capabilities
Office (P&D).
AF Kirtland Air Force Ctc--Wyoming Gate 0 5,600
Base Antiterrorism Compliance.
AF Kirtland Air Force Pj/Cro Urban Training 0 810
Base Complex (P&D).
AF Kirtland Air Force High Power Electromagnetic 0 0
Base (HPEM) Laboratory.
AF Kirtland Air Force Laser Effects & Simulation 0 0
Base Laboratory.
AF Kirtland Air Force ADAL Systems & Engineering 0 0
Base Lab.
New Jersey
AF Joint Base McGuire-Dix- SFS OPS Confinement 0 450
Lakehurst Facility (P&D).
Ohio
AF Wright-Patterson Air Child Development Center... 0 24,000
Force Base
AF Wright-Patterson Air Human Performance Wing 0 0
Force Base Laboratory.
AF Wright-Patterson Air Bionatronics Research 0 0
Force Base Center Laboratory.
Oklahoma
AF Tinker Air Force Base KC-46A 3-Bay Depot 160,000 60,000
Maintenance Hangar.
South Carolina
AF Joint Base Charleston Flightline Support Facility 0 29,000
AF Joint Base Charleston Fire and Rescue Station.... 0 30,000
South Dakota
AF Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 41,000
Base Facility, Inc. 2.
AF Ellsworth Air Force B-21 ADAL Flight Simulator. 24,000 24,000
Base
AF Ellsworth Air Force B-21 Field Training 47,000 47,000
Base Detachment Facility.
AF Ellsworth Air Force B-21 Formal Training Unit/ 70,000 70,000
Base AMU.
AF Ellsworth Air Force B-21 Mission Operations 36,000 36,000
Base Planning Facility.
AF Ellsworth Air Force B-21 Washrack & Maintenance 65,000 65,000
Base Hangar.
Spain
AF Moron Air Base EDI-Hot Cargo Pad.......... 8,542 8,542
Tennessee
AF Arnold Air Force Base Cooling Water Expansion, 0 0
Rowland Creek.
AF Arnold Air Force Base Add/Alter Test Cell 0 14,600
Delivery Bay.
AF Arnold Air Force Base Primary Pumping Station 0 0
Upgrades.
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 7.... 141,000 40,000
AF Joint Base San Antonio BMT Recruit Dormitory 8, 31,000 31,000
Inc. 3.
AF Joint Base San Child Development Center... 0 29,000
Antonio--Fort Sam
Houston
AF Joint Base San Directed Energy Research 0 0
Antonio--Fort Sam Center.
Houston
AF Joint Base San Child Development Center... 0 29,000
Antonio--Lackland Air
Force Base
AF Sheppard Air Force Child Development Center... 20,000 20,000
Base
United Kingdom
AF Royal Air Force EDI: Construct DABS-FEV 94,000 94,000
Fairford Storage.
AF Royal Air Force F-35A Child Development 0 24,000
Lakenheath Center.
AF Royal Air Force F-35A Munition Inspection 31,000 31,000
Lakenheath Facility.
AF Royal Air Force F-35 ADAL Conventional 0 4,500
Lakenheath Munitions MX.
AF Royal Air Force F-35A Weapons Load Training 49,000 49,000
Lakenheath Facility.
Utah
AF Hill Air Force Base GBSD Organic Software 31,000 31,000
Sustainment Ctr, Inc. 2.
Virginia
AF Joint Base Langley- Fuel Systems Maintenance 0 24,000
Eustis Dock.
Worldwide Unspecified
AF Various Worldwide EDI: Planning & Design..... 648 10,648
Locations
AF Various Worldwide PDI: Planning & Design..... 27,200 47,200
Locations
AF Various Worldwide Planning & Design.......... 201,453 201,453
Locations
AF Various Worldwide Intelligence, Surveillance, 0 20,000
Locations and Reconnaissance
Infrastructure Planning
and Design.
AF Various Worldwide Cost to Complete--Natural 0 100,000
Locations Disaster Conus-Based
Projects.
AF Various Worldwide EDI: UMMC.................. 0 15,000
Locations
AF Various Worldwide Unspecified Minor Military 58,884 58,884
Locations Construction.
AF Worldwide Various Labs and RDT&E Planning and 0 75,000
Locations Design Unfunded
Requirement.
........................
Military Construction, Air Force Total 2,102,690 2,485,424
......................
Alabama
Def-Wide Fort Rucker 10 MW RICE Generator Plant 0 24,000
and Microgrid Controls.
Def-Wide Redstone Arsenal Msic Advanced Analysis 0 25,000
Facility Phase 1 (Inc).
Belgium
Def-Wide Chievres Air Force Europe West District 15,000 15,000
Base Superintendent's Office.
California
Def-Wide Marine Corps Base Camp Veterinary Treatment 13,600 13,600
Pendleton Facility Replacement.
Def-Wide Silver Strand Training SOF ATC Operations Support 21,700 21,700
Complex Facility.
Def-Wide Silver Strand Training SOF NSWG11 Operations 12,000 12,000
Complex Support Facility.
Def-Wide Marine Corps Air Additional LFG Power Meter 0 4,054
Station Miramar Station.
Def-Wide Naval Air Weapons Solar Energy Storage System 0 9,120
Station China Lake
Def-Wide Naval Amphibious Base Ctc- SOF Training Command.. 0 20,500
Coronado
Colorado
Def-Wide Buckley Air Force Base JCC Expansion.............. 20,000 20,000
District of Columbia
Def-Wide Joint Base Anacostia- DIA HQ Cooling Towers and 0 2,257
Bolling Cond Pumps.
Def-Wide Joint Base Anacostia- PV Carports................ 0 29,004
Bolling
Florida
Def-Wide MacDill Air Force Base Transmission and Switching 0 22,000
Stations.
Georgia
Def-Wide Fort Benning 4.8 MW Generation and 0 17,593
Microgrid.
Def-Wide Fort Benning SOF Battalion Headquarters 62,000 62,000
Facility.
Def-Wide Fort Stewart 10 MW Generation Plant, 0 22,000
With Microgrid Controls.
Def-Wide Kings Bay Naval Electrical Transmission and 0 19,314
Submarine Base Distribution.
Germany
Def-Wide Ramstein Air Base Ramstein Middle School..... 93,000 13,000
Guam
Def-Wide Polaris Point Inner Apra Harbor 0 38,300
Submarine Base Resiliency Upgrades Ph1.
Hawaii
Def-Wide Hdr-Hawaii Homeland Defense Radar 0 9,000
(P&D).
Def-Wide Joint Base Pearl Veterinary Treatment 29,800 29,800
Harbor-Hickam Facility Replacement.
Idaho
Def-Wide Mountain Home Air Water Treatment Plant and 0 33,800
Force Base Pump Station.
Japan
Def-Wide Marine Corps Air Base Fuel Pier.................. 57,700 57,700
Iwakuni
Def-Wide Kadena Air Base Operations Support Facility 24,000 24,000
Def-Wide Kadena Air Base Truck Unload Facilities.... 22,300 22,300
Def-Wide Misawa Air Base Additive Injection Pump and 6,000 6,000
Storage Sys.
Def-Wide Naval Air Facility Smart Grid for Utility and 0 3,810
Atsugi Facility Controls.
Def-Wide Yokota Air Base Hangar/AMU................. 108,253 31,653
Kuwait
Def-Wide Camp Arifjan Microgrid Controller, 1.25 0 15,000
MW Solar PV, and 1.5 MWH
Battery.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition / 153,233 153,233
Hospital Alteration, Inc. 5.
Def-Wide Fort Meade NSAW Mission OPS and 94,000 94,000
Records Center Inc. 1.
Def-Wide Fort Meade NSAW Recap Building 4, Inc. 104,100 104,100
1.
Def-Wide Fort Meade SOF Operations Facility.... 100,000 75,000
Michigan
Def-Wide Camp Grayling 650 KW Gas-Fired Micro- 0 5,700
Turbine Generation System.
Mississippi
Def-Wide Camp Shelby 10 MW Generation Plant an 0 34,500
Feeder Level Microgrid
System.
Def-Wide Camp Shelby Electrical Distribution 0 11,155
Infrastructure
Undergrounding Hardening
Project.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 160,000 160,000
4.
New Mexico
Def-Wide Kirtland Air Force Environmental Health 8,600 8,600
Base Facility Replacement.
New York
Def-Wide Fort Drum Wellfield Expansion 0 27,000
Resiliency Project.
North Carolina
Def-Wide Camp Lejeune Ctc--SOF Motor Transport 0 0
Maintenance Expansion.
Def-Wide Fort Bragg Ctc--SOF Intelligence 0 0
Training Center.
Def-Wide Fort Bragg 10 MW Microgrid Utilizing 0 19,464
Existing and New
Generators.
Def-Wide Fort Bragg Emergency Water System..... 0 7,705
North Dakota
Def-Wide Cavalier Air Force Pcars Emergency Power Plant 0 24,150
Station Fuel Storage.
Ohio
Def-Wide Springfield-Beckley Base-Wide Microgrid With 0 4,700
Municipal Airport Natural Gas Generator,
Photovaltaic, and Battery
Storage.
Puerto Rico
Def-Wide Fort Allen Microgrid Conrol System, 0 12,190
690 KW PV, 275 KW Gen, 570
Kwh Bess.
Def-Wide Punta Borinquen Ramey Unit School 84,000 84,000
Replacement.
Def-Wide Aguadilla Ramey Unit Microgrid Conrol System, 0 10,120
School 460 KW PV, 275 KW
Generator, 660 Kwh Bess.
Tennessee
Def-Wide Memphis International PV Arrays and Battery 0 4,780
Airport Storage.
Texas
Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 4 35,000 35,000
United Kingdom
Def-Wide Menwith Hill Station Rafmh Main Gate 20,000 20,000
Rehabilitation.
Def-Wide Royal Air Force Hospital Replacement- 19,283 19,283
Lakenheath Temporary Facilities.
Virginia
Def-Wide Fort Belvoir Veterinary Treatment 29,800 29,800
Facility Replacement.
Def-Wide Humphries Engineer SOF Battalion Operations 0 36,000
Center and Support Facility.
Activity
Def-Wide Pentagon Consolidated Maintenance 20,000 20,000
Complex (RRMC).
Def-Wide Pentagon Force Protection Perimeter 8,608 8,608
Enhancements.
Def-Wide Pentagon Public Works Support 21,935 21,935
Facility.
Def-Wide Fort Belvoir, NGA Led Upgrade Package........ 0 365
Campus East
Def-Wide Pentagon, Mark Center, Recommisioning of Hvac 0 2,600
and Raven Rock Systems, Part B.
Mountain Complex
Def-Wide National Geospatial- Electrical System 0 5,299
Intelligence Agency Redundancy.
Campus East
Washington
Def-Wide Oak Harbor ACC / Dental Clinic (Oak 59,000 59,000
Harbor).
Worldwide Unspecified
Def-Wide Unspecified Worldwide DIA Planning and Design.... 11,000 11,000
Locations
Def-Wide Unspecified Worldwide DODEA Planning and Design.. 13,317 13,317
Locations
Def-Wide Unspecified Worldwide DODEA Unspecified Minor 8,000 8,000
Locations Construction.
Def-Wide Unspecified Worldwide ERCIP Design............... 40,150 40,150
Locations
Def-Wide Unspecified Worldwide Energy Resilience and 246,600 0
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide Exercise Related Minor 5,615 5,615
Locations Construction.
Def-Wide Unspecified Worldwide MDA Unspecified Minor 4,435 4,435
Locations Construction.
Def-Wide Unspecified Worldwide NSA Planning and Design.... 83,840 83,840
Locations
Def-Wide Unspecified Worldwide NSA Unspecified Minor 12,000 12,000
Locations Military Construction.
Def-Wide Unspecified Worldwide Planning and Design........ 14,194 14,194
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 21,746 21,746
Locations Military Construction.
Def-Wide Unspecified Worldwide TJS Planning and Design.... 2,000 2,000
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide WHS Planning and Design.... 5,275 5,275
Locations
Def-Wide Various Worldwide DHA Planning and Design.... 35,099 35,099
Locations
Def-Wide Various Worldwide DLA Planning and Design.... 20,862 20,862
Locations
Def-Wide Various Worldwide DLA Unspecified Minor 6,668 6,668
Locations Construction.
Def-Wide Various Worldwide SOCOM Planning and Design.. 20,576 20,576
Locations
........................
Military Construction, Defense-Wide Total 1,957,289 2,029,569
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 205,853 205,853
Investment Program Program.
........................
NATO Security Investment Program Total 205,853 205,853
......................
Alabama
Army NG Redstone Arsenal National Guard Readiness 0 17,000
Center.
Alaska
Army NG Joint Base Elmendorf- Planning and Design for 0 5,000
Richardson National Guard Readiness
Center.
Connecticut
Army NG Connecticut Army National Guard Readiness 17,500 17,500
National Guard Center.
Readiness Center--
Putnam
Georgia
Army NG Fort Benning Post-Initial Mil. Training 13,200 13,200
Unaccomp. Housing.
Guam
Army NG Guam National Guard National Guard Readiness 34,000 34,000
Readiness Center Center Addition.
Barrigada
Idaho
Army NG Jerome National Guard National Guard Readiness 15,000 15,000
Armory Center.
Illinois
Army NG Bloomington National National Guard Vehicle 15,000 15,000
Guard Armory Maintenance Shop.
Kansas
Army NG Nickell Memorial National Guard/Reserve 0 420
Armory Center Building SCIF (P&D).
Army NG Nickell Memorial National Guard/Reserve 16,732 16,732
Armory Center Building.
Louisiana
Army NG Camp Minden Training Collective Training 0 13,800
Site Unaccompanied Housing.
Army NG Lake Charles National National Guard Readiness 18,500 18,500
Guard Readiness Center.
Center
Maine
Army NG Saco National Guard National Guard Vehicle 21,200 21,200
Readiness Center Maintenance Shop.
Michigan
Army NG Camp Grayling Military National Guard Readiness 0 16,000
Installation Center.
Mississippi
Army NG Camp Shelby Training Maneuver Area Training 0 15,500
Site Equipment Site.
Missouri
Army NG Aviation Avcrad Aircraft Maintenance 0 3,800
Classification Repair Hangar Addition (P&D).
Activity Depot
Montana
Army NG Butte Military National Guard Readiness 16,000 16,000
Entrance Training Center.
Site
Nebraska
Army NG Mead Army National Collective Training 0 11,000
Guard Readiness Unaccompanied Housing.
Center
North Dakota
Army NG Dickinson National National Guard Readiness 15,500 15,500
Guard Armory Center.
South Dakota
Army NG Sioux Falls Army National Guard Readiness 0 15,000
National Guard Center.
Vermont
Army NG Ethan Allen Air Force Family Readiness Center.... 0 4,665
Base
Army NG Vermont National Guard National Guard Readiness 0 16,900
Armory Center.
Virginia
Army NG Virginia National Army Aviation Support 0 5,805
Guard Readiness Facility (P&D).
Center
Army NG Virginia National Combined Support 6,900 6,900
Guard Readiness Maintenance Shop Addition.
Center
Army NG Virginia National National Guard Readiness 6,100 6,100
Guard Readiness Center Addition.
Center
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 22,000 32,000
Locations
Army NG Unspecified Worldwide Unspecified Minor 39,471 39,471
Locations Construction.
Army NG Various Worldwide Army National Guard 0 0
Locations Transformation Plan.
........................
Military Construction, Army National Guard Total 257,103 391,993
......................
Michigan
Army Res Southfield Area Maintenance Support 12,000 12,000
Activity.
Ohio
Army Res Wright-Patterson Air AR Center Training Building/ 19,000 19,000
Force Base UHS.
Wisconsin
Army Res Fort McCoy Transient Training BN HQ... 12,200 12,200
Army Res Fort McCoy Transient Training Enlisted 0 29,200
Barracks.
Army Res Fort McCoy Transient Training Officer 0 29,200
Barracks.
Army Res Fort McCoy Transient Training Enlisted 0 0
Barracks.
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 7,167 7,167
Locations
Army Res Unspecified Worldwide Cost to Complete........... 0 0
Locations
Army Res Unspecified Worldwide Unspecified Minor Military 14,544 14,544
Locations Construction.
........................
Military Construction, Army Reserve Total 64,911 123,311
......................
Michigan
N/MC Res Navy Operational Reserve Center & Vehicle 49,090 49,090
Support Center Battle Maintenance Facility.
Creek
Minnesota
N/MC Res Minneapolis Joint Reserve Intelligence 14,350 14,350
Center.
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Planning & Design..... 1,257 1,257
Locations
N/MC Res Unspecified Worldwide MCNR Unspecified Minor 2,359 2,359
Locations Construction.
N/MC Res Unspecified Worldwide USMCR Planning and Design.. 4,748 4,748
Locations
........................
Military Construction, Naval Reserve Total 71,804 71,804
......................
......................
Alabama
Air NG Sumpter Smith Air Security and Services 0 7,500
National Guard Base Training Facility.
Air NG Montgomery Regional Aircraft Maintenance 0 19,200
Airport Facility.
Connecticut
Air NG Bradley International Composite ASE/Vehicle MX 0 17,000
Airport Facility.
Delaware
Air NG Newcastle Air National Fuel Cell/Corrosion Control 0 17,500
Guard Base Hangar.
Idaho
Air NG Boise Air National Medical Training Facility.. 0 6,500
Guard Base Gowen
Field
Illinois
Air NG Abraham Lincoln Base Civil Engineering 0 10,200
Capital Airport Facility.
Massachusetts
Air NG Barnes Air National Combined Engine/ASE/NDI 12,200 12,200
Guard Shop.
Michigan
Air NG Alpena County Regional Aircraft Maintenance Hangar/ 23,000 23,000
Airport Shops.
Air NG Selfridge Air National a-10 Maintenance Hangar and 0 28,000
Guard Base Shops.
Air NG W. K. Kellog Regional Construct Main Base 10,000 10,000
Airport Entrance.
Mississippi
Air NG Jackson International Fire Crash and Rescue 9,300 9,300
Airport Station.
New York
Air NG Francis S. Gabreski Base Civil Engineer Complex 0 14,800
Airport
Air NG Schenectady Municipal C-130 Flight Simulator 10,800 10,800
Airport Facility.
Ohio
Air NG Camp Perry Red Horse Logistics Complex 7,800 7,800
South Carolina
Air NG Mcentire Joint Hazardous Cargo Pad........ 0 9,000
National Guard Base
Air NG Mcentire Joint F-16 Mission Training 9,800 9,800
National Guard Base Center.
South Dakota
Air NG Joe Foss Field F-16 Mission Training 9,800 9,800
Center.
Texas
Air NG Kelly Field Annex Aircraft Corrosion Control. 0 9,500
Washington
Air NG Camp Murray Air Air Support Operations 0 27,000
National Guard Complex.
Station
Wisconsin
Air NG Truax Field F-35 3-Bay Specialized 31,000 31,000
Hangar.
Air NG Truax Field Medical Readiness Facility. 13,200 13,200
Air NG Volk Combat Readiness Replace Aircraft 0 2,280
Training Center Maintenance Hangar/Shops
(P&D).
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 29,068 29,068
Locations Construction.
Air NG Various Worldwide Planning and Design........ 18,402 34,402
Locations
Wyoming
Air NG Cheyenne Municipal Combined Vehicle 13,400 13,400
Airport Maintenance & ASE Complex.
........................
Military Construction, Air National Guard Total 197,770 382,250
......................
California
AF Res Beale Air Force Base 940 ARW SQ OPS &amu Complex 0 33,000
Florida
AF Res Homestead Air Force Corrosion Control Facility. 14,000 14,000
Reserve Base
AF Res Patrick Air Force Base Simulator C-130J........... 18,500 18,500
Indiana
AF Res Grissom Air Reserve Logistics Readiness Complex 0 29,000
Base
Minnesota
AF Res Minneapolis-St Paul Mission Support Group 14,000 14,000
International Airport Facility.
New York
AF Res Niagara Falls Air Main Gate.................. 10,600 10,600
Reserve Station
Ohio
AF Res Youngstown Air Reserve Assault Runway............. 0 8,700
Base
Worldwide Unspecified
AF Res Worldwide Various KC-46 Mob 5 (P&D).......... 0 15,000
Locations
AF Res Unspecified Worldwide Planning & Design.......... 5,830 5,830
Locations
AF Res Unspecified Worldwide Unspecified Minor Military 15,444 15,444
Locations Construction.
........................
Military Construction, Air Force Reserve Total 78,374 164,074
......................
Italy
FH Con Army Vicenza Family Housing New 92,304 92,304
Construction.
Kwajalein Atoll
FH Con Army Kwajalein Atoll Family Housing Replacement 0 10,000
Construction.
Pennsylvania
FH Con Army Tobyhanna Army Depot Ctc- Family Housing 0 7,500
Replacement Construction.
Puerto Rico
FH Con Army Fort Buchanan Ctc- Family Housing 0 14,000
Replacement Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P&D......... 7,545 37,545
Locations
........................
Family Housing Construction, Army Total 99,849 161,349
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 18,077 18,077
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 38,404 38,404
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 128,110 128,110
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 111,181 111,181
Locations
FH Ops Army Unspecified Worldwide Management................. 42,850 42,850
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 556 556
Locations
FH Ops Army Unspecified Worldwide Services................... 8,277 8,277
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 43,772 43,772
Locations
........................
Family Housing Operation And Maintenance, Army Total 391,227 391,227
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 71,884 71,884
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 3,634 3,634
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning and 2,098 2,098
Locations Design.
........................
Family Housing Construction, Navy And Marine Corps Total 77,616 77,616
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 16,537 16,537
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 54,544 54,544
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 62,567 62,567
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 95,417 95,417
Locations
FH Ops Navy Unspecified Worldwide Management................. 54,083 54,083
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 285 285
Locations
FH Ops Navy Unspecified Worldwide Services................... 17,637 17,637
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 56,271 56,271
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341
......................
Georgia
FH Con AF Robins Air Force Base Robins 2 MHPI Restructure.. 6,000 6,000
Nebraska
FH Con AF Offutt Air Force Base Offutt MHPI Restructure.... 50,000 50,000
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 49,258 49,258
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 10,458 10,458
Locations
........................
Family Housing Construction, Air Force Total 115,716 115,716
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 26,842 26,842
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 23,275 23,275
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 9,520 9,520
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 141,754 141,754
Locations
FH Ops AF Unspecified Worldwide Management................. 70,062 70,062
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 2,200 2,200
Locations
FH Ops AF Unspecified Worldwide Services................... 8,124 8,124
Locations
FH Ops AF Unspecified Worldwide Utilities.................. 43,668 43,668
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 325,445 325,445
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide DIA Furnishings............ 656 656
Locations
FH Ops DW Unspecified Worldwide DIA Leasing................ 31,430 31,430
Locations
FH Ops DW Unspecified Worldwide DIA Utilities.............. 4,166 4,166
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 49 49
Locations
FH Ops DW Unspecified Worldwide NSA Furnishings............ 83 83
Locations
FH Ops DW Unspecified Worldwide NSA Leasing................ 13,387 13,387
Locations
FH Ops DW Unspecified Worldwide NSA Utilities.............. 14 14
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,081 6,081
Locations FHIF.
........................
Unaccompanied Housing Improvement Fund Total 6,081 6,081
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 65,301 115,301
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 65,301 115,301
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure. 111,155 161,155
Locations
........................
Base Realignment and Closure--Navy Total 111,155 161,155
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DOD BRAC Activities--Air 104,216 104,216
Locations Force.
........................
Base Realignment and Closure--Air Force Total 104,216 104,216
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment and 0 0
Locations Closure.
BRAC Unspecified Worldwide Int-4: DLA Activities...... 3,967 3,967
Locations
........................
Base Realignment and Closure--Defense-wide Total 3,967 3,967
......................
Total, Military Construction 9,847,031 13,347,031
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2022 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear energy...................... 149,800 149,800
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons activities................ 15,484,295 15,981,328
Defense nuclear nonproliferation.. 1,934,000 1,957,000
Naval reactors.................... 1,860,705 1,860,705
Federal Salaries and Expenses..... 464,000 464,000
Total, National Nuclear Security 19,743,000 20,263,033
Administration.....................
Defense environmental cleanup....... 6,841,670 6,480,759
Defense Uranium Enrichment D&D...... 0 0
Other defense activities............ 1,170,000 920,000
Total, Atomic Energy Defense 27,754,670 27,663,792
Activities...........................
Total, Discretionary Funding.............. 27,904,470 27,813,592
Nuclear Energy
Safeguards and security................. 149,800 149,800
Total, Nuclear Energy..................... 149,800 149,800
National Nuclear Security Administration
Federal Salaries and Expenses
Program direction....................... 464,000 464,000
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 771,664 771,664
W76-2 Modification program.......... 0 0
W88 Alteration program.............. 207,157 207,157
W80-4 Life extension program........ 1,080,400 1,080,400
W80-4 ALT SLCM...................... 10,000 10,000
W87-1 Modification Program (formerly 691,031 691,031
IW1)...............................
W93................................. 72,000 72,000
Subtotal, Stockpile major 2,832,252 2,832,252
modernization........................
Stockpile sustainment..................... 1,180,483 1,180,483
Weapons dismantlement and disposition..... 51,000 51,000
Production operations..................... 568,941 568,941
Total, Stockpile management............. 4,632,676 4,632,676
Production modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos plutonium modernization
Los Alamos Plutonium Operations. 660,419 660,419
21-D-512, Plutonium Pit 350,000 350,000
Production Project, LANL.......
Subtotal, Los Alamos plutonium 1,010,419 1,010,419
modernization....................
Savannah River plutonium modernization
Savannah River plutonium 128,000 128,000
operations.....................
21-D-511, Savannah River 475,000 475,000
Plutonium Processing Facility,
SRS............................
Subtotal, Savannah River plutonium 603,000 603,000
modernization....................
Enterprise Plutonium Support.......... 107,098 107,098
Total, Plutonium Modernization.......... 1,720,517 1,720,517
High Explosives & Energetics............ 68,785 68,785
Total, Primary Capability Modernization. 1,789,302 1,789,302
Secondary Capability Modernization........ 488,097 488,097
Tritium and Domestic Uranium Enrichment... 489,017 489,017
Non-Nuclear Capability Modernization...... 144,563 144,563
Total, Production modernization......... 2,910,979 2,910,979
Stockpile research, technology, and
engineering
Assessment science.................... 689,578 769,394
Engineering and integrated assessments 336,766 292,085
Inertial confinement fusion........... 529,000 580,000
Advanced simulation and computing..... 747,012 747,012
Weapon technology and manufacturing 292,630 292,630
maturation...........................
Academic programs..................... 95,645 101,945
Total, Stockpile research, technology, 2,690,631 2,783,066
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,014,000 1,014,000
Safety and Environmental Operations. 165,354 165,354
Maintenance and Repair of Facilities 670,000 1,020,000
Recapitalization
Infrastructure and Safety......... 508,664 508,664
Capabilities Based Investments.... 143,066 143,066
Planning for Programmatic 0 0
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.......... 651,730 651,730
Total, Operating...................... 2,501,084 2,851,084
Construction
Programmatic
22-D-513 Power Sources Capability, 13,827 13,827
SNL..............................
21-D-510, HE Synthesis, 44,500 36,200
Formulation, and Production
Facility, PX.....................
18-D-690, Lithium Processing 167,902 167,902
Facility, Y-12...................
18-D-650, Tritium Finishing 27,000 27,000
Facility, SRS....................
18-D-620, Exascale Computing 0 0
Facility Modernization Project,
LLNL.............................
17-D-640, U1a Complex Enhancements 135,000 135,000
Project, NNSS....................
15-D-302, TA-55 Reinvestment 27,000 27,000
Project--Phase 3, LANL...........
15-D-301, HE Science & Engineering 0 0
Facility, PX.....................
07-D-220-04, Transuranic Liquid 0 0
Waste Facility, LANL.............
06-D-141, Uranium Processing 524,000 600,000
Facility, Y-12...................
04-D-125, Chemistry and Metallurgy 138,123 138,123
Research Replacement Project,
LANL.............................
Total, Programmatic................. 1,077,352 1,145,052
Mission enabling
22-D-514 Digital Infrastructure 8,000 8,000
Capability Expansion.............
Total, Mission enabling............. 8,000 8,000
Total, Construction................... 1,085,352 1,153,052
Total, Infrastructure and operations.... 3,586,436 4,004,136
Secure transportation asset
Operations and equipment.............. 213,704 213,704
Program direction..................... 117,060 117,060
Total, Secure transportation asset...... 330,764 330,764
Defense nuclear security
Operations and maintenance............ 824,623 811,521
Security improvements program......... 0 0
Construction:
17-D-710, West end protected area 23,000 23,000
reduction project, Y-12............
Subtotal, construction................ 23,000 23,000
Total, Defense nuclear security......... 847,623 834,521
Information technology and cybersecurity.. 406,530 406,530
Legacy contractor pensions................ 78,656 78,656
Total, Weapons Activities................. 15,484,295 15,981,328
Adjustments
Use of prior year balances............ 0 0
Total, Adjustments...................... 0 0
Total, Weapons Activities................. 15,484,295 15,981,328
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Material management and minimization
Conversion (formerly HEU Reactor 100,660 100,660
Conversion)........................
Nuclear material removal............ 42,100 42,100
Material disposition................ 200,186 200,186
Laboratory and partnership support.. 0 0
Total, Material management & 342,946 342,946
minimization.........................
Global material security
International nuclear security...... 79,939 79,939
Domestic radiological security...... 158,002 158,002
International radiological security. 85,000 85,000
Nuclear smuggling detection and 175,000 185,000
deterrence.........................
Total, Global material security....... 497,941 507,941
Nonproliferation and arms control..... 184,795 184,795
National Technical Nuclear Forensics 45,000 45,000
R&D..................................
Defense nuclear nonproliferation R&D
Proliferation detection............. 269,407 269,407
Nonproliferation stewardship program 87,329 100,329
Nuclear detonation detection........ 271,000 271,000
Nonproliferation fuels development.. 0 0
Total, Defense Nuclear 627,736 640,736
Nonproliferation R&D.................
Nonproliferation construction
U. S. Construction:
18-D-150 Surplus Plutonium 156,000 156,000
Disposition Project..............
99-D-143, Mixed Oxide (MOX) Fuel 0 0
Fabrication Facility, SRS........
Total, U. S. Construction:.......... 156,000 156,000
Total, Nonproliferation construction.. 156,000 156,000
Total, Defense Nuclear Nonproliferation 1,854,418 1,877,418
Programs...............................
Legacy contractor pensions.............. 38,800 38,800
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 14,597 14,597
Counterterrorism and 356,185 356,185
Counterproliferation.................
Total, Nuclear counterterrorism and 370,782 370,782
incident response program..............
Subtotal, Defense Nuclear Nonproliferation 2,264,000 2,287,000
Adjustments
Use of prior year balances............ 0 0
Use of prior year MOX funding......... -330,000 -330,000
Total, Adjustments...................... -330,000 -330,000
Total, Defense Nuclear Nonproliferation... 1,934,000 1,957,000
Naval Reactors
Naval reactors development.............. 640,684 640,684
Columbia-Class reactor systems 55,000 55,000
development............................
S8G Prototype refueling................. 126,000 126,000
Naval reactors operations and 594,017 594,017
infrastructure.........................
Program direction....................... 55,579 55,579
Construction:
22-D-532 Security Upgrades KL......... 5,100 5,100
22-D-531 KL Chemistry & Radiological 41,620 41,620
Health Building......................
21-D-530 KL Steam and Condensate 0 0
Upgrades.............................
14-D-901, Spent Fuel Handling 348,705 348,705
Recapitalization Project, NRF........
Total, Construction..................... 395,425 395,425
Use of Prior Year unobligated balances.. -6,000 -6,000
Total, Naval Reactors..................... 1,860,705 1,860,705
TOTAL, National Nuclear Security 19,743,000 20,263,033
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 3,987 3,987
Richland:
River corridor and other cleanup 196,000 211,000
operations...........................
Central plateau remediation........... 689,776 689,776
Richland community and regulatory 5,121 5,121
support..............................
18-D-404 Modification of Waste 8,000 8,000
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 15,200 15,200
22-D-402 L-897, 200 Area Water 12,800 12,800
Treatment Facility...................
Total, Richland......................... 926,897 941,897
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning........................
Rad liquid tank waste stabilization 817,642 837,642
and disposition......................
Construction:
18-D-16 Waste treatment and 586,000 586,000
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16 D, High-level waste 60,000 60,000
facility.........................
01-D-16 E, Pretreatment Facility.. 20,000 20,000
Total, Construction................... 666,000 666,000
ORP Low-level waste offsite disposal.. 7,000 7,000
Total, Office of River Protection....... 1,540,642 1,560,642
Idaho National Laboratory:
Idaho cleanup and waste disposition... 358,925 358,925
Idaho community and regulatory support 2,658 2,658
Construction:
22-D-403 Idaho Spent Nuclear Fuel 3,000 3,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 5,000 5,000
Disposal Cell and Evaporation
Ponds Project....................
Total, Construction................... 8,000 8,000
Total, Idaho National Laboratory........ 369,583 369,583
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,806 1,806
LLNL Excess facilities D&D............ 35,000 35,000
Separations Processing Research Unit.. 15,000 15,000
Nevada Test Site...................... 60,737 60,737
Sandia National Laboratory............ 4,576 4,576
Los Alamos National Laboratory........ 275,119 275,119
Los Alamos Excess facilities D&D...... 58,381 58,381
Total, NNSA sites and Nevada off-sites.. 450,619 450,619
Oak Ridge Reservation:
OR Nuclear facility D&D............... 274,923 287,316
U233 Disposition Program.............. 55,000 55,000
OR cleanup and waste disposition...... 73,725 73,725
Construction:
17-D-401 On-site waste disposal 12,500 12,500
facility...........................
14-D-403 Outfall 200 Mercury 0 0
Treatment Facility.................
Subtotal, Construction:............... 12,500 12,500
OR community & regulatory support..... 5,096 5,096
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 424,244 436,637
Savannah River Site:
Savannah River risk management 452,724 454,090
operations...........................
SR legacy pensions.................... 130,882 130,882
SR community and regulatory support... 5,805 11,805
Construction:
20-D-402 Advanced Manufacturing 0 0
Collaborative Facility (AMC).......
20-D-401 Saltstone Disposal Unit 19,500 19,500
#10, 11, 12........................
19-D-701 SR Security systems 5,000 5,000
replacement........................
18-D-402 Saltstone disposal unit #8/ 68,000 68,000
9..................................
17-D-402 Saltstone Disposal Unit #7. 0 0
05-D-405 Salt waste processing 0 0
facility, SRS......................
8-D-402 Emergency Operations Center 8,999 8,999
Replacement, SR....................
Radioactive liquid tank waste 890,865 890,865
stabilization........................
Total, Savannah River Site.............. 1,581,775 1,589,141
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 350,424 350,424
Construction:
15-D-411 Safety significant 55,000 55,000
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 25,000 25,000
21-D-401 Hoisting Capability Project 0 0
Total, Construction................... 80,000 80,000
Total, Waste Isolation Pilot Plant...... 430,424 430,424
Program direction--Defense Environmental 293,106 293,106
Cleanup................................
Program support--Defense Environmental 62,979 62,979
Cleanup................................
Safeguards and Security--Defense 316,744 316,744
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 415,670 0
Enrichment D&D Fund....................
Use of prior year balances.............. 0 0
Subtotal, Defense environmental cleanup... 6,841,670 6,480,759
TOTAL, Defense Environmental Cleanup...... 6,841,670 6,480,759
Defense Uranium Enrichment D&D............ 0 0
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 130,809 130,809
security mission support.............
Program direction..................... 75,511 75,511
Total, Environment, health, safety and 206,320 206,320
security...............................
Independent enterprise assessments
Enterprise assessments................ 27,335 27,335
Program direction--Office of 56,049 56,049
Enterprise Assessments...............
Total, Office of Enterprise Assessments. 83,384 83,384
Specialized security activities......... 283,500 283,500
Office of Legacy Management
Legacy management activities--defense. 408,797 158,797
Program direction..................... 19,933 19,933
Total, Office of Legacy Management...... 428,730 178,730
Defense related administrative support.. 163,710 163,710
Office of hearings and appeals.......... 4,356 4,356
Subtotal, Other defense activities...... 1,170,000 920,000
Use of prior year balances.............. 0 0
Total, Other Defense Activities........... 1,170,000 920,000
------------------------------------------------------------------------
DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
Sec. 5001. Short title.
Sec. 5002. Definitions.
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2021''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 5101. Sense of Congress on importance of Department of State's
work.
Sec. 5102. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 5104. Office of International Disability Rights.
Sec. 5105. Special appointment authority.
Sec. 5106. Repeal of authority for Special Representative and Policy
Coordinator for Burma.
Sec. 5107. Anti-piracy information sharing.
Sec. 5108. Importance of foreign affairs training to national security.
Sec. 5109. Classification and assignment of Foreign Service officers.
Sec. 5110. Reporting on implementation of GAO recommendations.
Sec. 5111. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and detention of U.S.-flag
fishing vessels by foreign governments.
Sec. 5112. Art in embassies.
Sec. 5113. International fairs and expositions.
Sec. 5114. Amendment or repeal of reporting requirements.
SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of the
many complex and interconnected threats facing the United States
and the world;
(3) diplomacy and development are critical tools of national
power, and full deployment of these tools is vital to United States
national security;
(4) challenges such as the global refugee and migration crises,
terrorism, historic famine and food insecurity, and fragile or
repressive societies cannot be addressed without sustained and
robust United States diplomatic and development leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its disposal
to protect United States citizens, promote United States interests
and values, and support global stability and prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and these
partnerships are nurtured and our shared interests and values are
promoted through United States diplomatic engagement, security
cooperation, economic statecraft, and assistance that helps further
economic development, good governance, including the rule of law
and democratic institutions, and the development of shared
responses to natural and humanitarian disasters;
(7) as the United States Government agencies primarily charged
with conducting diplomacy and development, the Department and the
United States Agency for International Development (USAID) require
sustained and robust funding to carry out this important work,
which is essential to our ability to project United States
leadership and values and to advance United States interests around
the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other infectious
diseases, strengthening alliances, expanding educational
opportunities for women and girls, promoting good governance and
democracy, supporting anti-corruption efforts, driving economic
development and trade, preventing armed conflicts and humanitarian
crises, and creating American jobs and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United States
power and leadership worldwide, and without which Americans would
be less safe, United States economic power would be diminished, and
global stability and prosperity would suffer;
(10) investing in diplomacy and development before conflicts
break out saves American lives while also being cost-effective; and
(11) the contributions of personnel working at the Department
and USAID are extraordinarily valuable and allow the United States
to maintain its leadership around the world.
SEC. 5102. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and law
enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be responsible
to the Secretary of State for all matters, programs, and
related activities pertaining to international narcotics, anti-
crime, and law enforcement affairs in the conduct of foreign
policy by the Department, including, as appropriate, leading
the coordination of programs carried out by United States
Government agencies abroad, and such other related duties as
the Secretary may from time to time designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all matters
pertaining to international narcotics, anti-crime, and law
enforcement affairs in the conduct of foreign policy, including
programs carried out by other United States Government agencies
when such programs pertain to the following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such
unit shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and
women's participation issues in law enforcement programs,
in consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant
bureaus of the Department of State and other United States
Government agencies, all forms of transnational organized
crime, including human trafficking, illicit trafficking in
arms, wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign
purposes, and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes
and engaging with multilateral organizations responsible
for monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation
with chiefs of mission and, as appropriate, the heads of
other United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug
Control Policy to ensure lessons learned from other United
States Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring
and evaluation of Bureau programs, including metrics for
success that do not rely solely on the amounts of illegal
drugs that are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Relations of the Senate that United States and the
Committee on Foreign Affairs of the House of
Representatives enforcement personnel posted abroad whose
activities are funded to any extent by the Bureau of
International Narcotics and Law Enforcement Affairs are
complying with section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the
Secretary may assign.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit or impair the authority or responsibility
of any other Federal agency with respect to law enforcement,
domestic security operations, or intelligence activities as
defined in Executive Order 12333.''.
(b) Modification of Annual International Narcotics Control Strategy
Report.--Subsection (a) of section 489 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (9) the
following new paragraph:
``(10) A separate section that contains an identification of
all United States Government-supported units funded by the Bureau
of International Narcotics and Law Enforcement Affairs and any
Bureau-funded operations by such units in which United States law
enforcement personnel have been physically present.''.
SEC. 5103. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the Department of
State the Bureau of Consular Affairs, which shall be headed by the
Assistant Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There is in
the Department of State the Bureau of Population, Refugees, and
Migration, which shall be headed by the Assistant Secretary of State
for Population, Refugees, and Migration.''.
SEC. 5104. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the Department
of State an Office of International Disability Rights (referred to in
this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign operations
are accessible to, and inclusive of, persons with disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training of
Department of State staff on soliciting quality programs that are
fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and multilateral
fora on matters relevant to the rights of persons with
disabilities, and work to raise the profile of disability across a
broader range of organizations contributing to international
development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability rights
and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department that
are responsible for drafting annual reports documenting progress on
human rights, including, wherever applicable, references to
instances of discrimination, prejudice, or abuses of persons with
disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment and
overseas practices of civil service employees and Foreign Service
officers with disabilities and their family members with chronic
medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary of
State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary of
State; or
(2) an officer exercising significant authority who reports to
the President or Secretary of State, appointed by and with the
advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct Ambassadors
at Large, Representatives, Special Envoys, and coordinators working on
human rights to consult with the Office to promote the human rights and
full participation in international development activities of all
persons with disabilities.
SEC. 5105. SPECIAL APPOINTMENT AUTHORITY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by section 6103 of this Act, is further
amended by inserting after subsection (h) the following new subsection:
``(i) Special Appointments.--
``(1) Positions exercising significant authority.--The
President may, by and with the advice and consent of the Senate,
appoint an individual as a Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other position performing a
similar function, regardless of title, at the Department of State
exercising significant authority pursuant to the laws of the United
States. Except as provided in paragraph (3) or in clause 3, section
2, article II of the Constitution (relating to recess
appointments), an individual may not be designated as a Special
Envoy, Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special Advisor, or
other position performing a similar function, regardless of title,
at the Department exercising significant authority pursuant to the
laws of the United States without the advice and consent of the
Senate.
``(2) Positions not exercising significant authority.--The
President or Secretary of State may appoint any Special Envoy,
Special Representative, Special Coordinator, Special Negotiator,
Special Envoy, Representative, Coordinator, Special Advisor, or
other position performing a similar function, regardless of title,
at the Department of State not exercising significant authority
pursuant to the laws of the United States without the advice and
consent of the Senate, if the President or Secretary, not later
than 15 days before the appointment of a person to such a position,
submits to the appropriate congressional committees a notification
that includes the following:
``(A) A certification that the position does not require
the exercise of significant authority pursuant to the laws of
the United States.
``(B) A description of the duties and purpose of the
position.
``(C) The rationale for giving the specific title and
function to the position.
``(3) Limited exception for temporary appointments exercising
significant authority.--The President may maintain or establish a
position with the title of Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other position performing a
similar function, regardless of title, at the Department of State
exercising significant authority pursuant to the laws of the United
States for not longer than 180 days if the Secretary of State, not
later than 15 days after the appointment of a person to such a
position, or 30 days after the date of the enactment of this
subsection, whichever is earlier, submits to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a notification that
includes the following:
``(A) The necessity for conferring such title and function.
``(B) The dates during which such title and function will
be held.
``(C) The justification for not submitting the proposed
conferral of such title and function to the Senate as a
nomination for advice and consent to appointment.
``(D) All relevant information concerning any potential
conflict of interest which the proposed recipient of such title
and function may have with regard to the appointment.
``(4) Renewal of temporary appointment.--The President may
renew for one period not to exceed 180 days any position maintained
or established under paragraph (3) if the President, not later than
15 days before issuing such renewal, submits to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a detailed justification on
the necessity of such extension, including the dates with respect
to which such title will continue to be held and the justification
for not submitting such title to the Senate as a nomination for
advice and consent.
``(5) Exemption.--Paragraphs (1) through (4) shall not apply to
a Special Envoy, Special Representative, Special Coordinator,
Special Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other person performing a similar function, regardless
of title, at the Department of State if the position is expressly
mandated by statute.
``(6) Effective date.--This subsection shall apply to
appointments made on or after January 3, 2023.''.
SEC. 5106. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE AND POLICY
COORDINATOR FOR BURMA.
Section 7 of the Tom Lantos Block Burmese Jade (Junta's Anti-
Democratic Efforts) Act of 2008 (Public Law 110-286; 50 U.S.C. 1701
note) relating to the establishment of a Special Representative and
Policy Coordinator for Burma) is hereby repealed.
SEC. 5107. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the participation by the
United States in the Information Sharing Centre located in Singapore,
as established by the Regional Cooperation Agreement on Combating
Piracy and Armed Robbery against Ships in Asia (ReCAAP).
SEC. 5108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency, whose
employees, both Foreign and Civil Service, require the best
possible training at every stage of their careers to prepare them
to promote and defend United States national interests and the
health and safety of United States citizens abroad;
(2) the Department's investment of time and resources with
respect to the training and education of its personnel is
considerably below the level of other Federal departments and
agencies in the national security field, and falls well below the
investments many allied and adversarial countries make in the
development of their diplomats;
(3) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science and technology-
driven, and which demand the continual, high-quality training and
education of its personnel;
(4) the Department must move beyond reliance on ``on-the-job
training'' and other informal mentorship practices, which lead to
an inequality in skillset development and career advancement
opportunities, often particularly for minority personnel, and
towards a robust professional tradecraft training continuum that
will provide for greater equality in career advancement and
increase minority participation in the senior ranks;
(5) the Department's Foreign Service Institute and other
training facilities should seek to substantially increase their
educational and training offerings to Department personnel,
including developing new and innovative educational and training
courses, methods, programs, and opportunities; and
(6) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and Foreign
Service Institute may accept funds and other resources from
foundations, not-for-profit corporations, and other appropriate
sources to help the Department and the Institute enhance the
quantity and quality of training offerings, especially in the
introduction of new, innovative, and pilot model courses.
(b) Training Float.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall develop and submit
to the appropriate congressional committees a strategy to establish a
``training float'' to allow for up to 15 percent of the Civil and
Foreign Service to participate in long-term training at any given time.
The strategy should identify steps necessary to ensure the
implementation of the training priorities identified in subsection (c),
sufficient training capacity and opportunities are available to Civil
and Foreign Service officers, the equitable distribution of long-term
training opportunities to Civil and Foreign Service officers, and the
provision of any additional resources or authorities necessary to
facilitate such a training float, including programs at the George P.
Schultz National Foreign Affairs Training Center, the Foreign Service
Institute, the Foreign Affairs Security Training Center, and other
facilities or programs operated by the Department of State. The
strategy shall identify which types of training would be prioritized,
the extent (if any) to which such training is already being provided to
Civil and Foreign Service officers by the Department of State, any
factors incentivizing or disincentivizing such training, and why such
training cannot be achieved without Civil and Foreign Service officers
leaving the workforce. In addition to training opportunities provided
by the Department, the strategy shall consider training that could be
provided by the other United States Government training institutions,
as well as nongovernmental educational institutions. The strategy shall
consider approaches to overcome disincentives to pursuing long-term
training.
(c) Prioritization.--In order to provide the Civil and Foreign
Service with the level of education and training needed to effectively
advance United States interests across the globe, the Department of
State should--
(1) increase its offerings--
(A) of virtual instruction to make training more accessible
to personnel deployed throughout the world; or
(B) at partner organizations to provide useful outside
perspectives to Department personnel;
(2) offer courses utilizing computer-based or assisted
simulations, allowing civilian officers to lead decisionmaking in a
crisis environment; and
(3) consider increasing the duration and expanding the focus of
certain training courses, including--
(A) the A-100 orientation course for Foreign Service
officers, and
(B) the chief of mission course to more accurately reflect
the significant responsibilities accompanying such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in courses
at the Foreign Service Institute and other Department of State training
facilities to promote a whole-of-government approach to mitigating
national security challenges.
SEC. 5109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more than
365 calendar days, such position may be filled, as appropriate, on
a temporary basis, in accordance with section 309.'' after
``Positions designated under this section are excepted from the
competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)), by
inserting ``, or domestically, in a position working on issues
relating to a particular country or geographic area,'' after
``geographic area''.
SEC. 5110. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report that lists all of the Government
Accountability Office's recommendations relating to the Department that
have not been fully implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the date of the
submission of the Comptroller General's report under subsection
(b), the Secretary shall submit to the appropriate congressional
committees a report that describes the implementation status of
each recommendation from the Government Accountability Office
included in the report submitted under subsection (a).
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not to fully
implement a recommendation or to implement a recommendation in
a different manner than specified by the Government
Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but has not
yet fully implemented; and
(C) an explanation for any discrepancies included in the
Comptroller General report submitted under subsection (b).
(c) Form.--The information required in each report under this
section shall be submitted in unclassified form, to the maximum extent
practicable, but may be included in a classified annex to the extent
necessary.
SEC. 5111. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS
INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF U.S.-FLAG FISHING
VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows:
``(e) Amounts.--Payments may be made under this section only to
such extent and in such amounts as are provided in advance in
appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and apply as
if the date specified in subsection (e) of section 7 of the
Fishermen's Protective Act of 1967, as in effect on the day before
the date of the enactment of this Act, were the day after such date
of enactment.
(2) Agreements and payments.--The Secretary is authorized to--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which such
section would otherwise apply but for the date specified in
subsection (e) of such section, as in effect on the day before
the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of the
enactment of this Act.
SEC. 5112. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated for the
purchase of any piece of art for the purposes of installation or
display in any embassy, consulate, or other foreign mission of the
United States if the purchase price of such piece of art is in excess
of $37,500, unless such purchase is subject to prior consultation with,
and the regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees and the Committees on Appropriations of the
Senate and the House of Representatives a report on the costs of the
Art in Embassies Program for each of fiscal years 2016 through 2020.
(c) Sunset.--This section shall terminate on the date that is 2
years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and craft art.
SEC. 5113. INTERNATIONAL FAIRS AND EXPOSITIONS.
There is authorized to be appropriated $20,000,000 for the
Department of State for United States participation in international
fairs and expositions abroad, including for construction and the
operation of United States pavilions or other major exhibits.
SEC. 5114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop, in
coordination with likeminded countries, a comprehensive, multilateral
strategy to--
``(1) support democratic governance and inclusive and
representative civilian government, including by supporting
entities promoting democracy in Burma and denying legitimacy and
resources to the military junta;
``(2) support organizations that represent the democratic
aspirations of the people of Burma in the struggle against the
military junta;
``(3) impose costs on the military junta;
``(4) secure the unconditional release of all political
prisoners in Burma;
``(5) promote genuine national reconciliation among Burma's
diverse ethnic and religious groups;
``(6) provide humanitarian assistance to internally displaced
persons in Burma, particularly in areas targeted by the military
junta, and in neighboring countries for refugees from Burma;
``(7) pursue accountability for atrocities, human rights
violations, and crimes against humanity committed by the military
junta or the Tatmadaw; and
``(8) counter corrosive malign influence of the People's
Republic of China and the Russian Federation in Burma.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year''; and
(ii) by striking paragraphs (1) through (3) and
inserting the following new paragraphs:
``(1) progress towards inclusive, democratic governance in
Burma;
``(2) improvements in human rights practices and accountability
for atrocities, human rights violations, and crimes against
humanity committed by the Tatmadaw, or military junta of Burma;
``(3) progress toward broad-based and inclusive economic
growth;
``(4) progress toward genuine national reconciliation;
``(5) steps taken to impose costs on the military junta;
``(6) progress made in advancing the strategy referred to in
subsection (c); and
``(7) actions by the People's Republic of China or the Russian
Federation that undermine the sovereignty, stability, or unity of
Burma.''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on the date of the enactment of this Act and apply with
respect to the first report required under subsection (d) of
section 570 of Public Law 104-208 that is required after the date
of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International Security
and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-7).
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the Administrator
of the United States Agency for International Development shall submit
to the appropriate congressional committees a report that includes each
of the following:
(1) A list of all reports described in subsection (d) required
to be submitted by their respective agency.
(2) For each such report, a citation to the provision of law
under which the report is required to be submitted.
(3) The reporting frequency of each such report.
(4) The estimated cost of each report, to include personnel
time costs.
(d) Covered Reports.--A report described in this subsection is a
recurring report that is required to be submitted to Congress by the
Department of State or the United States Agency for International
Development, or by any officer, official, component, or element of each
entity.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives and the Committees on Appropriations of
the Senate and the House of Representatives.
TITLE LII--EMBASSY CONSTRUCTION
Sec. 5201. Embassy security, construction, and maintenance.
Sec. 5202. Standard design in capital construction.
Sec. 5203. Capital construction transparency.
Sec. 5204. Contractor performance information.
Sec. 5205. Growth projections for new embassies and consulates.
Sec. 5206. Long-range planning process.
Sec. 5207. Value engineering and risk assessment.
Sec. 5208. Business volume.
Sec. 5209. Embassy security requests and deficiencies.
Sec. 5210. Overseas security briefings.
Sec. 5211. Contracting methods in capital construction.
Sec. 5212. Competition in embassy construction.
Sec. 5213. Statement of policy.
Sec. 5214. Definitions.
SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'', there is
authorized to be appropriated $1,983,149,000 for fiscal year 2022.
SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or successor
office should give appropriate consideration to standardization in
construction, in which each new United States embassy and consulate
starts with a standard design and keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new United
States embassy compound or new consulate compound project that utilizes
a non-standard design, including those projects that are in the design
or pre-design phase as of the date of the enactment of this Act, only
in consultation with the appropriate congressional committees and the
Committees on Appropriations of the Senate and the House of
Representatives. The Secretary shall provide the appropriate
congressional committees and the Committees on Appropriations of the
Senate and the House of Representatives, for each such project, the
following documentation:
(1) A comparison of the estimated full lifecycle costs of the
project to the estimated full lifecycle costs of such project if it
were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if it were
to use a standard design.
(3) A comparison of the security of the completed project to
the security of such completed project if it were to use a standard
design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation necessary
to support the comparisons and justification, as the case may be,
described in paragraphs (1) through (4) cannot be provided.
(c) Sunset.--The consultation requirement under subsection (b)
shall expire on the date that is 4 years after the date of the
enactment of this Act.
SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State Authorities
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading , by striking ``annual report on
embassy construction costs'' and inserting ``biannual report on
overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date of the
enactment of this subsection and every 180 days thereafter until the
date that is 4 years after such date of enactment, the Secretary shall
submit to the appropriate congressional committees and the Committees
on Appropriations of the Senate and the House of Representatives a
comprehensive report regarding all ongoing overseas capital
construction projects and major embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a) shall
include the following with respect to each ongoing overseas capital
construction project and major embassy security upgrade project:
``(1) The initial cost estimate as specified in the proposed
allocation of capital construction and maintenance funds required
by the Committees on Appropriations for Acts making appropriations
for the Department of State, foreign operations, and related
programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency fund
to date and the value of the remainder of the project's contingency
fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully adjudicated or
that the Department has settled, and the final dollar amount of
each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance funds
required by the Committees on Appropriations not later than 45 days
after the date of the enactment of an Act making appropriations for
the Department of State, foreign operations, and related programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323; 130 Stat. 1905) is amended by amending the item relating to
section 118 to read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete all
contractor performance evaluations outstanding as of the date of the
enactment of this Act required by subpart 42.15 of the Federal
Acquisition Regulation for those contractors engaged in construction of
new embassy or new consulate compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall develop a prioritization
system for clearing the current backlog of required evaluations
referred to in subsection (a).
(2) Elements.--The system required under paragraph (1) should
prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan for
completing all evaluations by April 1, 2022, in accordance with
subsection (a) and the prioritization system developed pursuant to
subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department contracts
would benefit from greater understanding of the Department as a
client; and
(2) the Department should develop a forum where contractors can
comment on the Department's project management performance.
SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound (NEC)
and new consulate compound project (NCC) in or not yet in the design
phase as of the date of the enactment of this Act, the Department shall
project growth over the estimated life of the facility using all
available and relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC that is
to be constructed.
(2) An analysis of the tradeoffs between risk and the needs of
United States Government policy conducted as part of the most
recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance of
the NEC or NCC, as the case may be, over the life of the building
at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall provide to
the Secretary, upon request, growth projections for the personnel of
each such agency over the estimated life of each embassy or consulate,
as the case may be.
(c) Basis for Estimates.--The Department shall base its growth
assumption for all NECs and NCCs on the estimates required under
subsections (a) and (b).
(d) Congressional Notification.--Any congressional notification of
site selection for a NEC or NCC submitted after the date of the
enactment of this Act shall include the growth assumption used pursuant
to subsection (c).
SEC. 5206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the next five
years as the Secretary of State considers appropriate, the
Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security factors
under the Secure Embassy Construction and Counterterrorism Act
of 1999 and other relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other relevant
statutes and regulations, including environmental factors such
as indoor air quality that impact employee health and safety;
and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health factors
pursuant to the Occupational Safety and Health Act of 1970 and
other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report on
existing small diplomatic posts and a strategy for establishing a
physical diplomatic presence in countries in which there is no
current physical diplomatic presence and with which the United
States maintains diplomatic relations. Such report, which may
include a classified annex, shall include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on specific
services provided and the number of Americans receiving
services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post provides.
(F) A recommendation of whether any small diplomatic posts
should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60 days
after the completion of each plan required under subsection (a),
the Secretary shall submit the plans to the appropriate
congressional committees and the Committees on Appropriations of
the Senate and the House of Representatives.
(2) Reference in budget justification materials.--In the budget
justification materials submitted to the appropriate congressional
committees in support of the Department's budget for any fiscal
year (as submitted with the budget of the President under section
1105(a) of title 31, United States Code), the plans required under
subsection (a) shall be referenced to justify funding requested for
building and maintenance projects overseas.
(3) Form of report.--Each report required under paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or consulate
that has employed five or fewer United States Government employees or
contractors on average over the 36 months prior to the date of the
enactment of this Act.
SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use value
engineering (VE) as a management tool, where appropriate, to reduce
program and acquisition costs pursuant to OMB Circular A-131, Value
Engineering, dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any notification
that includes the allocation of capital construction and
maintenance funds shall be submitted to the appropriate
congressional committees.
(2) Requirement to confirm completion of value engineering and
risk assessment studies.--The notifications required under
paragraph (1) shall include confirmation that the Department has
completed the requisite VE and risk management process described in
subsection (a), or applicable successor process.
(c) Reporting and Briefing Requirements.--The Secretary shall
provide to the appropriate congressional committees upon request--
(1) a description of each risk management study referred to in
subsection (a)(2) and a table detailing which recommendations
related to each such study were accepted and which were rejected;
and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise yield
significant cost savings to the Department if implemented.
SEC. 5208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by
striking ``in 3 years'' and inserting ``cumulatively over 3 years''.
SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of the House
of Representatives, and the Committee on Armed Services of the Senate
upon request information on physical security deficiencies at United
States diplomatic posts, including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 5210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of this
Act, the Secretary of State shall revise the Foreign Affairs Manual to
stipulate that information on the current threat environment shall be
provided to all United States Government employees under chief of
mission authority traveling to a foreign country on official business.
To the extent practicable, such material shall be provided to such
employees prior to their arrival at a United States diplomatic post or
as soon as possible thereafter.
SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the design-build
project delivery method would not be appropriate, the Secretary shall
make use of such method at United States diplomatic posts that have not
yet received design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a delivery
method other than design-build in accordance with subsection (a), the
Secretary of State shall notify the appropriate congressional
committees in writing of the decision, including the reasons therefor.
The notification required by this subsection may be included in any
other report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall report to
the appropriate congressional committees regarding performance
evaluation measures in accordance with GAO's ``Standards for Internal
Control in the Federal Government'' that will be applicable to design
and construction, lifecycle cost, and building maintenance programs of
the Bureau of Overseas Building Operations of the Department.
SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committee and the Committees on Appropriations of the Senate and the
House of Representatives a report detailing steps the Department of
State is taking to expand the embassy construction contractor base in
order to increase competition and maximize value.
SEC. 5213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of Overseas
Building Operations of the Department or its successor office shall
continue to balance functionality and security with accessibility, as
defined by guidelines established by the United States Access Board in
constructing embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the
fullest extent possible.
SEC. 5214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method of
project delivery in which one entity works under a single contract
with the Department to provide design and construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new consulate
compound project that does not utilize a standardized design for
the structural, spatial, or security requirements of such embassy
compound or consulate compound, as the case may be.
TITLE LIII--PERSONNEL ISSUES
Sec. 5301. Defense Base Act insurance waivers.
Sec. 5302. Study on Foreign Service allowances.
Sec. 5303. Science and technology fellowships.
Sec. 5304. Travel for separated families.
Sec. 5305. Home leave travel for separated families.
Sec. 5306. Sense of Congress regarding certain fellowship programs.
Sec. 5307. Technical correction.
Sec. 5308. Foreign Service awards.
Sec. 5309. Workforce actions.
Sec. 5310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 5311. Employee assignment restrictions and preclusions.
Sec. 5312. Recall and reemployment of career members.
Sec. 5313. Strategic staffing plan for the Department of State.
Sec. 5314. Consulting services.
Sec. 5315. Incentives for critical posts.
Sec. 5316. Extension of authority for certain accountability review
boards.
Sec. 5317. Foreign Service suspension without pay.
Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 5319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 5320. Appointment of employees to the Global Engagement Center.
Sec. 5321. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 5322. Report relating to Foreign Service Officer training and
development.
Sec. 5323. Cooperation with Office of the Inspector General.
Sec. 5324. Information on educational opportunities for children with
special education needs consistent with the Individuals with
Disabilities Education Act.
Sec. 5325. Implementation of gap memorandum in selection board process.
SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall apply to the
Department of Labor for a waiver from insurance requirements under the
Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with
respect to which the requirement was waived prior to January 2017, and
for which there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days after the
date of the enactment of this Act, the Secretary shall certify to the
appropriate congressional committees that the requirement in subsection
(a) has been met.
SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on the
foreign assignment of Foreign Service officers (FSOs), to be
conducted by a federally-funded research and development center
with appropriate expertise in labor economics and military
compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service bidding
system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to bid on
particular assignments, including danger levels and hardship
conditions;
(D) examine the Department's strategy and process for
incentivizing FSOs to bid on assignments that are historically
in lower demand, including with monetary compensation, and
whether monetary compensation is necessary for assignments in
higher demand;
(E) make any relevant comparisons to military compensation
and allowances, noting which allowances are shared or based on
the same regulations;
(F) recommend options for restructuring allowances to
improve the efficiency of the assignments system and better
align FSO incentives with the needs of the Foreign Service,
including any cost savings associated with such restructuring;
(G) recommend any statutory changes necessary to implement
subparagraph (F), such as consolidating existing legal
authorities for the provision of hardship and danger pay; and
(H) detail any effects of recommendations made pursuant to
subparagraphs (F) and (G) on other United States Government
departments and agencies with civilian employees permanently
assigned or on temporary duty in foreign areas, following
consultation with such departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis required
under subsection (a)(1), and not later than 60 days after the date of
the enactment of this Act, the Secretary shall provide to the
appropriate congressional committees a briefing on the implementation
of this section that includes the following:
(1) The name of the federally funded research and development
center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for such
analysis as specified between the Department and such federally
funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available to the
federally-funded research and development center carrying out the
analysis required under subsection (a)(1) all necessary and
relevant information to allow such center to conduct such analysis
in a quantitative and analytical manner, including historical data
on the number of bids for each foreign assignment and any survey
data collected by the Department from eligible bidders on their bid
decision-making.
(2) Cooperation.--The Secretary shall work with the heads of
other relevant United States Government departments and agencies to
ensure such departments and agencies provide all necessary and
relevant information to the federally-funded research and
development center carrying out the analysis required under
subsection (a)(1).
(d) Interim Report to Congress.--The Secretary shall require that
the chief executive officer of the federally-funded research and
development center that carries out the analysis required under
subsection (a)(1) submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives an interim report on such analysis not later than 180
days after the date of the enactment of this Act.
SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d) is amended by adding at the end the following
new subsection:
``(e) Grants and Cooperative Agreements Related to Science and
Technology Fellowship Programs.--
``(1) In general.--The Secretary is authorized to make grants
or enter into cooperative agreements related to Department of State
science and technology fellowship programs, including for
assistance in recruiting fellows and the payment of stipends,
travel, and other appropriate expenses to fellows.
``(2) Exclusion from consideration as compensation.--Stipends
under paragraph (1) shall not be considered compensation for
purposes of section 209 of title 18, United States Code.
``(3) Maximum annual amount.--The total amount of grants made
pursuant to this subsection may not exceed $500,000 in any fiscal
year.''.
SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking ``1
round-trip per year for each child below age 21 of a member of the
Service assigned abroad'' and inserting ``in the case of one or
more children below age 21 of a member of the Service assigned
abroad, 1 round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to visit the
member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to visit the
other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the child or
children abroad if the child or children do not regularly
reside with that parent and that parent is not receiving an
education allowance or educational travel allowance for the
child or children under section 5924(4) of title 5, United
States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new sentence:
``In cases in which a member of the Service has official orders to an
unaccompanied post and in which the family members of the member reside
apart from the member at authorized locations outside the United
States, the member may take the leave ordered under this section where
that member's family members reside, notwithstanding section 10305 of
title 5, United States Code.''.
SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that Department fellowships that
promote the employment of candidates belonging to under-represented
groups, including the Charles B. Rangel International Affairs Graduate
Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship
Program, and the Donald M. Payne International Development Fellowship
Program, represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 5307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of
1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause
(i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general responsibility
for carrying out the functions of the Service''.
SEC. 5308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of 1980 (22
U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil Service''
after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614 in the
table of contents of the Foreign Service Act of 1980 is amended to read
as follows:
``Sec. 614. Department awards.''.
SEC. 5309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the sense of
Congress that the Secretary should continue to hold entry-level classes
for Foreign Service officers and specialists and continue to recruit
civil servants through programs such as the Presidential Management
Fellows Program and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the need to
maintain a pool of experienced personnel effectively distributed across
skill codes and ranks. It is further the sense of Congress that absent
continuous recruitment and training of Foreign Service officers and
civil servants, the Department will lack experienced, qualified
personnel in the short, medium, and long terms.
(b) Limitation.--The Secretary should not implement any reduction-
in-force action under section 3502 or 3595 of title 5, United States
Code, or for any incentive payments for early separation or retirement
under any other provision of law unless--
(1) the appropriate congressional committees are notified not
less than 15 days in advance of such obligation or expenditure; and
(2) the Secretary has provided to the appropriate congressional
committees a detailed report that describes the Department's
strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed workforce
reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service
specialist rank;
(ii) civil service job skill code, grade level, and
bureau of assignment;
(iii) contracted employees, including the equivalent
job skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations, including
their equivalent grade and job skill code and bureau of
assignment.
SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE
DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department should continue to promote the employment of
veterans, in accordance with section 301 of the Foreign Service Act
of 1980 (22 U.S.C. 3941), as amended by section 10406 of this Act,
including those veterans belonging to traditionally
underrepresented groups at the Department;
(2) veterans employed by the Department have made significant
contributions to United States foreign policy in a variety of
regional and global affairs bureaus and diplomatic posts overseas;
and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the workforce.
SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department should expand the appeal process it makes available to
employees related to assignment preclusions and restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--Subsection (a)
of section 414 of the Department of State Authorities Act, Fiscal Year
2017 (22 U.S.C. 2734c(a)) is amended by adding at the end the following
new sentences: ``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall have the
same appeal rights as provided by the Department regarding denial or
revocation of a security clearance. Any such appeal shall be resolved
not later than 60 days after such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall revise, and
certify to the appropriate congressional committees regarding such
revision, the Foreign Affairs Manual guidance regarding denial or
revocation of a security clearance to expressly state that all review
and appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment restriction or
preclusion to an employee.
(d) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate a
report that contains the following:
(1) A rationale for the use of assignment restrictions by the
Department of State, including specific case studies related to
cleared United States Foreign Service and civil service employees
of the Department that demonstrate country-specific restrictions
serve a counterintelligence role beyond that which is already
covered by the security clearance process.
(2) The number of such Department employees subject to
assignment restrictions over the previous year, with data
disaggregated by--
(A) identification as a Foreign Service officer, civil
service employee, eligible family member, or other employment
status;
(B) the ethnicity, national origin, and race of the
precluded employee;
(C) gender; and
(D) the country of restriction.
(3) A description of the considerations and criteria used by
the Bureau of Diplomatic Security to determine whether an
assignment restriction is warranted.
(4) The number of restrictions that were appealed and the
success rate of such appeals.
(5) The impact of assignment restrictions in terms of unused
language skills as measured by Foreign Service Institute language
scores of such precluded employees.
(6) Measures taken to ensure the diversity of adjudicators and
contracted investigators, with accompanying data on results.
SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable service to
the United States as nonpartisan professionals who contribute
subject matter expertise and professional skills to the successful
development and execution of United States foreign policy; and
(2) reemployment of skilled former members of the Foreign and
civil service who have voluntarily separated from the Foreign or
civil service due to family reasons or to obtain professional
skills outside government is of benefit to the Department.
(b) Notice of Employment Opportunities.--Title 5, United States
Code, is amended by inserting after chapter 102 the following new
chapter:
``CHAPTER 103--DEPARTMENT OF STATE
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``10302. Consulting services for the Department of State.
``Sec. 10301. Notice of employment opportunities for Department of
State and USAID positions
``To ensure that individuals who have separated from the Department
of State or the United States Agency for International Development and
who are eligible for reappointment are aware of such opportunities, the
Department of State and the United States Agency for International
Development shall publicize notice of all employment opportunities,
including positions for which the relevant agency is accepting
applications from individuals within the agency's workforce under merit
promotion procedures, on publicly accessible sites, including
www.usajobs.gov. If using merit promotion procedures, the notice shall
expressly state that former employees eligible for reinstatement may
apply.''.
(c) Clerical Amendment.--The table of chapters at the beginning of
title 5, United States Code, is amended by inserting after the item
relating to chapter 102 the following:
``103. Department of State.....................................10301.''.
SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF STATE.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees and the Committees on Appropriations of the
Senate and the House of Representatives a comprehensive 5-year
strategic staffing plan for the Department that is aligned with and
furthers the objectives of the National Security Strategy of the United
States of America issued in December 2017, or any subsequent strategy
issued not later than 18 months after the date of the enactment of this
Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report GAO-19-
220, for all current and planned employees of the Department,
disaggregated by--
(A) Foreign Service officer and Foreign Service specialist
rank;
(B) civil service job skill code, grade level, and bureau
of assignment;
(C) contracted employees, including the equivalent job
skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including the
equivalent grade and job skill code and bureau of assignment of
such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service officers
disaggregated by service cone that should be posted at each United
States diplomatic post and in the District of Columbia, with a
detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed basis
for such recommendations.
(b) Maintenance.--The dataset required under subsection (a)(1)
shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary shall lead the development of the
plan required under subsection (a) but may consult or partner with
private sector entities with expertise in labor economics, management,
or human resources, as well as organizations familiar with the demands
and needs of the Department's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report regarding root causes of
Foreign Service and civil service shortages, the effect of such
shortages on national security objectives, and the Department's plan to
implement recommendations described in GAO-19-220.
SEC. 5314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States Code, as
added by section 10312, is amended by adding at the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of State
through procurement contract pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts with respect to
which expenditures are a matter of public record and available for
public inspection, except if otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter 103 of
title 5, United States Code, as added by section 10312(b) of this Act,
is amended by adding after the item relating to section 10301 of title
5, United States Code, the following new item:
``10302. Consulting services for the Department of State.''.
SEC. 5315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) is amended by striking the last sentence.
SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.
SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of 1980
(22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A),
by striking ``suspend'' and inserting ``indefinitely suspend
without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each member of the Service suspended under paragraph
(1)(A) whose security clearance remains suspended for more than one
calendar year, not later than 30 days after the end of such
calendar year, the Secretary of State shall report to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate in writing regarding
the specific reasons relating to the duration of each such
suspension.
``(6) Any member of the Service suspended under paragraph
(1)(B) may be suspended without pay only after a final written
decision is provided to such member pursuant to paragraph (2).'';
and
(4) in paragraph (7), as so redesignated--
(A) by striking ``this subsection'' and all that follows
through ``The term'' in subparagraph (A) and inserting ``this
subsection, the term'';
(B) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving such subparagraphs 2 ems
to the left; and
(C) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension'').
SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the Foreign
Affairs Handbook apply with equal force and effect and without
exception to all Department of State personnel, including the Secretary
of State, Department employees, and political appointees, regardless of
an individual's status as a Foreign Service officer, Civil Service
employee, or political appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a certification in unclassified
form that the applicability described in subsection (a) has been
communicated to all Department personnel, including the personnel
referred to in such subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for 5 years,
the Secretary shall submit to the appropriate congressional
committees a report detailing all significant changes made to the
Foreign Affairs Manual or the Foreign Affairs Handbook.
(2) Covered periods.--The first report required under paragraph
(1) shall cover the 5-year period preceding the submission of such
report. Each subsequent report shall cover the 180-day period
preceding submission.
(3) Contents.--Each report required under paragraph (1) shall
contain the following:
(A) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(B) The statutory basis for each such change, as
applicable.
(C) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(D) A summary of such changes displayed in spreadsheet
form.
SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF
CERTAIN POSITIONS.
The Secretary of State may waive any or all of the individual
occupational requirements with respect to an employee or prospective
employee of the Department of State for a civilian position categorized
under the GS-0130 occupational series if the Secretary determines that
the individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to performing
the duties of the applicable position, based on demonstrated job
performance and qualifying experience. With respect to each waiver
granted under this subsection, the Secretary shall set forth in a
written document that is transmitted to the Director of the Office of
Personnel Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER.
The Secretary may appoint, for a 3-year period that may be extended
for up to an additional 2 years, solely to carry out the functions of
the Global Engagement Center, employees of the Department without
regard to the provisions of title 5, United States Code, governing
appointment in the competitive service, and may fix the basic
compensation of such employees without regard to chapter 51 and
subchapter III of chapter 53 of such title.
SEC. 5321. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY INSPECTORS
GENERAL TO SUPPORT THE LEAD IG MISSION.
Subparagraph (A) of section 8L(d)(5)(A) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking ``a lead Inspector
General for'' and inserting ``any of the Inspectors General specified
in subsection (c) for oversight of''.
SEC. 5322. REPORT RELATING TO FOREIGN SERVICE OFFICER TRAINING AND
DEVELOPMENT.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate committees of Congress a report on fellowships or details
for Department of State Foreign Service generalists at--
(1) the Department of Defense;
(2) United States intelligence agencies; and
(3) congressional offices or committees.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) The number of Senior Foreign Service Officer generalists
who, as of the date of the enactment of this Act, have done a tour
of at least one year in any of the agencies or congressional
committees described in subsection (a).
(2) The total number of senior Foreign Service Officer
generalists as of the date of the enactment of this Act.
(3) The average number of Senior Foreign Service Officer
generalists inducted annually during the 10 years preceding the
date of the enactment of this Act.
(4) The total number of Department advisors stationed in any of
the agencies or congressional offices described in subsection (a),
including the agencies or offices in which such advisors serve.
(5) The total number of advisors from other United States
Government agencies stationed in the Department of State (excluding
defense attaches, senior defense officials, and other Department of
Defense personnel stationed in United States missions abroad), the
home agency of the advisor, and the offices in which such advisors
serve.
(c) Educational Exclusion.--For the purposes of the report required
under subsection (a), educational programs shall not be included.
SEC. 5323. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State shall make
explicit in writing to all Department of State personnel, including the
Secretary of State, Department employees, contractors, and political
appointees, and shall consider updating the Foreign Affairs Manual and
the Foreign Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for an
interview or access to documents from the Office of the Inspector
General of the Department, such personnel may be subject to appropriate
administrative discipline including, when circumstances warrant,
suspension without pay or removal.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act and on a quarterly basis thereafter, the
Office of the Inspector General of the Department of State and the
United States Agency for Global Media shall submit to the
appropriate congressional committees and the Secretary of State a
report in unclassified form detailing the following:
(A) The number of individuals who have failed to comply
within 60 days with a request for an interview or access to
documents from the Office of the Inspector General pertaining
to a noncriminal matter.
(B) The date on which such requests were initially made.
(C) Any extension of time that was voluntarily granted to
such individual by the Office of the Inspector General.
(D) The general subject matters regarding which the Office
of the Inspector General has requested of such individuals.
(2) Form.--Additional information pertaining solely to the
subject matter of a request described in paragraph (1) may be
provided in a supplemental classified annex, if necessary, but all
other information required by the reports required under such
paragraph shall be provided in unclassified form.
SEC. 5324. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR CHILDREN WITH
SPECIAL EDUCATION NEEDS CONSISTENT WITH THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department of State
shall maintain and update a list of overseas schools receiving
assistance from the Office and detailing the extent to which each such
school provides special education and related services to children with
disabilities in accordance with part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.). Each list required
under this section shall be posted on the public website of the Office
for access by members of the Foreign Service, the Senior Foreign
Service, and their eligible family members.
SEC. 5325. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of 1980 (22
U.S.C. 4003) is amended by adding at the end the following new
subsection:
``(c)(1) A member of the Service or member of the Senior Foreign
Service whose performance will be evaluated by a selection board may
submit to such selection board a gap memo in advance of such
evaluation.
``(2) Members of a selection board may not consider as negative the
submission of a gap memo by a member described in paragraph (1) when
evaluating the performance of such member.
``(3) In this subsection, the term `gap memo' means a written
record, submitted to a selection board in a standard format established
by the Director General of the Foreign Service, which indicates and
explains a gap in the record of a member of the Service or member of
the Senior Foreign Service whose performance will be evaluated by such
selection board, which gap is due to personal circumstances, including
for health, family, or other reason as determined by the Director
General in consultation with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the date of the
enactment of this Act, the Director General of the Foreign Service
shall consult with the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate regarding the development of the gap memo under subsection
(c) of section 603 of the Foreign Service Act of 1980 (22 U.S.C.
4003), as added by subsection (a) of this section.
(2) Definition.--In this subsection, the term ``gap memo'' has
the meaning given such term in subsection (c) of section 603 of the
Foreign Service Act of 1980 (22 U.S.C. 4003), as added by
subsection (a) of this section.
TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 5401. Definitions.
Sec. 5402. Exit interviews for workforce.
Sec. 5403. Recruitment and retention.
Sec. 5404. Leadership engagement and accountability.
Sec. 5405. Professional development opportunities and tools.
Sec. 5406. Examination and oral assessment for the Foreign Service.
Sec. 5407. Payne fellowship authorization.
Sec. 5408. Voluntary participation.
SEC. 5401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job positions
among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical policy
directive entitled ``Standards for Maintaining, Collecting, and
Presenting Federal Data on Race and Ethnicity'' (81 Fed. Reg.
67398).
(3) Diversity.--The term ``diversity'' means those classes of
persons protected under the Civil Rights Act of 1964 (42 U.S.C.
2000a et seq.) and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as defined in section 2101 of title 5, United States Code);
(B) individuals who are members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3902));
(C) all individuals serving under a personal services
contract;
(D) all individuals serving under a Foreign Service Limited
appointment under section 309 of the Foreign Service Act of
1980; or
(E) individuals other than Locally Employed Staff working
in the Department of State under any other authority.
SEC. 5402. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall conduct periodic interviews with a representative and diverse
cross-section of the workforce of the Department--
(1) to understand the reasons of individuals in such workforce
for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the decision
of individuals in the workforce to remain in the Department.
(b) Departing Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall provide an opportunity for an exit interview to each individual
in the workforce of the Department who separates from service with the
Department to better understand the reasons of such individual for
leaving such service.
(c) Use of Analysis From Interviews.--The Director General of the
Foreign Service and the Director of the Bureau of Human Resources or
its equivalent shall analyze demographic data and other information
obtained through interviews under subsections (a) and (b) to determine
to what extent, if any, the diversity of those participating in such
interviews impacts the results.
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement into
senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles; and
(B) to understand the extent to which participation in any
professional development program offered or sponsored by the
Department differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional development
programs.
SEC. 5403. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of applicants;
and
(2) instruct the Director General of the Foreign Service and
the Director of the Bureau of Human Resources of the Department to
have a recruitment plan of action for the recruitment of people
belonging to traditionally under-represented groups, which should
include outreach at appropriate colleges, universities, affinity
groups, and professional associations.
(b) Scope.--The diversity recruitment initiatives described in
subsection (a) shall include--
(1) recruiting at women's colleges, historically Black colleges
and universities, minority-serving institutions, and other
institutions serving a significant percentage of minority students;
(2) placing job advertisements in newspapers, magazines, and
job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and rural
communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated to
the advancement of the profession of international affairs and
national security to advance shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in existing
Foreign Service Institute courses or modules prioritized in the
Department's Diversity and Inclusion Strategic Plan for 2016-
2020 to promote diversity in Bureau awards or mitigate
unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department
who needs such training based on analysis by the Department
or OPM analysis.
(2) Best practices.--The Department shall give special
attention to ensuring the continuous incorporation of research-
based best practices in training provided under this subsection.
SEC. 5404. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance and
advancement requirements that reward and recognize the efforts of
individuals in senior positions and supervisors in the Department
in fostering an inclusive environment and cultivating talent
consistent with merit system principles, such as through
participation in mentoring programs or sponsorship initiatives,
recruitment events, and other similar opportunities.
(2) Outreach events.--The Secretary shall create opportunities
for individuals in senior positions and supervisors in the
Department to participate in outreach events and to discuss issues
relating to diversity and inclusion with the workforce on a regular
basis, including with employee resource groups.
(b) External Advisory Committees and Boards.--For each external
advisory committee or board to which individuals in senior positions in
the Department appoint members, the Secretary is strongly encouraged by
Congress to ensure such external advisory committee or board is
developed, reviewed, and carried out by qualified teams that represent
the diversity of the organization.
SEC. 5405. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to expand
professional development opportunities that support the mission
needs of the Department, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary shall offer, or sponsor
members of the workforce to participate in, a Senior Executive
Service candidate development program or other program that
trains members on the skills required for appointment to senior
positions in the Department.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the Secretary
shall--
(i) ensure any program offered or sponsored by the
Department under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto, including
merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in
senior positions as a factor in determining the number of
candidates to select for such programs;
(iii) understand how participation in any program
offered or sponsored by the Department under such
subparagraph differs by gender, race, national origin,
disability status, or other demographic categories; and
(iv) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
SEC. 5406. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department should offer both the Foreign Service written examination
and oral assessment in more locations throughout the United States.
Doing so would ease the financial burden on potential candidates who do
not currently reside in and must travel at their own expense to one of
the few locations where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of Examiners for
the Foreign Service annually offers the oral assessment examinations
described in paragraph (1) in cities, chosen on a rotating basis,
located in at least three different time zones across the United
States.''.
SEC. 5407. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program may
conduct outreach to attract outstanding students with an interest in
pursuing a Foreign Service career who represent diverse ethnic and
socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review past
programs designed to increase minority representation in international
affairs positions.
SEC. 5408. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed so as to
compel any employee to participate in the collection of the data or
divulge any personal information. Department employees shall be
informed that their participation in the data collection contemplated
by this title is voluntary.
(b) Privacy Protection.--Any data collected under this title shall
be subject to the relevant privacy protection statutes and regulations
applicable to Federal employees.
TITLE LV--INFORMATION SECURITY
Sec. 5501. Definitions.
Sec. 5502. List of certain telecommunications providers.
Sec. 5503. Preserving records of electronic communications.
Sec. 5504. Foreign Relations of the United States (FRUS) series and
declassification.
SEC. 5501. DEFINITIONS.
In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days after the
date of the enactment of this Act, the Secretary, in consultation with
the Director of National Intelligence and other appropriate Federal
agencies as determined jointly by the Secretary and the Director of
National Intelligence, shall develop or maintain, as the case may be,
and update as frequently as the Secretary determines appropriate, a
list of covered contractors with respect to which the Department should
seek to avoid entering into contracts. Not later than 30 days after the
initial development of the list under this subsection, any update
thereto, and annually thereafter for 5 years after such initial 30 day
period, the Secretary shall submit to the appropriate congressional
committees a copy of such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology equipment,
including hardware, software, or services, that has knowingly assisted
or facilitated a cyber attack or conducted surveillance, including
passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government, or
persons associated with such government, listed as a cyber threat
actor in the intelligence community's 2017 assessment of worldwide
threats to United States national security or any subsequent
worldwide threat assessment of the intelligence community; or
(2) individuals, including activists, journalists, opposition
politicians, or other individuals for the purposes of suppressing
dissent or intimidating critics, on behalf of a country included in
the annual country reports on human rights practices of the
Department for systematic acts of political repression, including
arbitrary arrest or detention, torture, extrajudicial or
politically motivated killing, or other gross violations of human
rights.
SEC. 5503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS.
(a) Sense of Congress.--It is the sense of Congress that all
officers and employees of the Department and the United States Agency
for International Development are obligated under chapter 31 of title
44, United States Code (popularly referred to as the Federal Records
Act of 1950), to create and preserve records containing adequate and
proper documentation of the organization, functions, policies,
decisions, procedures, and essential transactions or operations of the
Department and United States embassies, consulates, and missions
abroad, including records of official communications with foreign
government officials or other foreign entities.
(b) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a certification in unclassified form that the
Secretary has communicated to all Department personnel, including the
Secretary of State and all political appointees, that such personnel
are obligated under chapter 31 of title 44, United States Code, to
treat electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying Federal
records.
SEC. 5504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND
DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by striking
``26'' and inserting ``20''; and
(2) in section 404(a)(1) (22 U.S.C. 4354(a)(1), by striking
``30''and inserting ``25''.
TITLE LVI--PUBLIC DIPLOMACY
Sec. 5601. Short title.
Sec. 5602. Avoiding duplication of programs and efforts.
Sec. 5603. Improving research and evaluation of public diplomacy.
Sec. 5604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 5605. Streamlining of support functions.
Sec. 5606. Guidance for closure of public diplomacy facilities.
Sec. 5607. Definitions.
SEC. 5601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy Modernization Act
of 2021''.
SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of efforts
across public diplomacy bureaus and offices of the Department; and
(2) maximize shared use of resources between, and within, such
public diplomacy bureaus and offices in cases in which programs,
facilities, or administrative functions are duplicative or
substantially overlapping.
SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary, acting
through the Director of Research and Evaluation appointed pursuant to
subsection (b), shall--
(1) conduct regular research and evaluation of public diplomacy
programs and activities of the Department, including through the
routine use of audience research, digital analytics, and impact
evaluations, to plan and execute such programs and activities; and
(2) make available to Congress the findings of the research and
evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall appoint a Director of
Research and Evaluation (referred to in this subsection as the
``Director'') in the Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs of the Department.
(2) Limitation on appointment.--The appointment of the Director
pursuant to paragraph (1) shall not result in an increase in the
overall full-time equivalent positions within the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department in
order to--
(i) improve public diplomacy strategies and tactics;
and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that public
diplomacy programs and activities across all public diplomacy
bureaus and offices are designed to meet appropriate foreign
policy objectives; and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection (f),
regarding the research and evaluation of all public diplomacy
bureaus and offices.
(4) Guidance and training.--Not later than 1 year after the
appointment of the Director pursuant to paragraph (1), the Director
shall develop guidance and training, including curriculum for use
by the Foreign Service Institute, for all public diplomacy officers
of the Department regarding the reading and interpretation of
public diplomacy program and activity evaluation findings to ensure
that such findings and related lessons learned are implemented in
the planning and evaluation of all public diplomacy programs and
activities of the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy, Planning,
and Resources for Public Diplomacy and Public Affairs of the
Department shall ensure that research and evaluation of public
diplomacy and activities of the Department, as coordinated and
overseen by the Director pursuant to subsection (b), supports
strategic planning and resource allocation across all public
diplomacy bureaus and offices of the Department.
(2) Allocation of resources.--Amounts allocated for the purpose
of research and evaluation of public diplomacy programs and
activities of the Department pursuant to subsection (b) shall be
made available to be disbursed at the direction of the Director of
Research and Evaluation among the research and evaluation staff
across all public diplomacy bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that the
Department should gradually increase its allocation of funds made
available under the headings ``Educational and Cultural Exchange
Programs'' and ``Diplomatic Programs'' for research and evaluation
of public diplomacy programs and activities of the Department
pursuant to subsection (b) to a percentage of program funds that is
commensurate with Federal Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction Act.--
Chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act'') shall not apply to the collection of
information directed at any individuals conducted by, or on behalf of,
the Department of State for the purpose of audience research,
monitoring, and evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain, collect, use,
and disseminate records (as such term is defined in section
552a(a)(4) of title 5, United States Code) for audience research,
digital analytics, and impact evaluation of communications related
to public diplomacy efforts intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(f) United States Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall establish a
Subcommittee on Research and Evaluation to monitor and advise
regarding audience research, digital analytics, and impact
evaluations carried out by the Department and the United States
Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and Evaluation
established pursuant to paragraph (1) shall submit to the
appropriate congressional committees an annual report, in
conjunction with the United States Advisory Commission on Public
Diplomacy's Comprehensive Annual Report on the performance of the
Department and the United States Agency for Global Media,
describing all actions taken by the Subcommittee pursuant to
paragraph (1) and any findings made as a result of such actions.
SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and Restructuring Act of
1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall establish a
working group to explore the possibilities and cost-benefit analysis of
transitioning to a shared services model as such pertains to human
resources, travel, purchasing, budgetary planning, and all other
executive support functions for all bureaus of the Department that
report to the Under Secretary for Public Diplomacy of the Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a plan to implement any such findings of the
working group established under subsection (a).
SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall adopt, and include
in the Foreign Affairs Manual, guidelines to collect and utilize
information from each diplomatic post at which the construction of a
new embassy compound or new consulate compound would result in the
closure or co-location of an American Space, American Center, American
Corner, or any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).
(b) Requirements.--The guidelines required by subsection (a) shall
include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure Embassy
Construction and Counterterrorism Act of 1999 and the impact on the
mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming at
such diplomatic post if any public diplomacy facility referred to
in subsection (a) is closed or staff is co-located in accordance
with such Act.
(3) A process by which assessments and recommendations under
paragraph (2) are considered by the Secretary and the appropriate
Under Secretaries and Assistant Secretaries of the Department.
(4) Notification to the appropriate congressional committees,
prior to the initiation of a new embassy compound or new consulate
compound design, of the intent to close any such public diplomacy
facility or co-locate public diplomacy staff in accordance with
such Act.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing the guidelines required
under subsection (a) and any recommendations for any modifications to
such guidelines.
SEC. 5607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research'' means
research conducted at the outset of a public diplomacy program or
the outset of campaign planning and design regarding specific
audience segments to understand the attitudes, interests,
knowledge, and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital analytics'' means
the analysis of qualitative and quantitative data, accumulated in
digital format, to indicate the outputs and outcomes of a public
diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation'' means an
assessment of the changes in the audience targeted by a public
diplomacy program or campaign that can be attributed to such
program or campaign.
(4) Public diplomacy bureaus and offices.--The term ``public
diplomacy bureaus and offices'' means, with respect to the
Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the regional and
functional bureaus.
TITLE LVII--OTHER MATTERS
Sec. 5701. Limitation on assistance to countries in default.
Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 5703. Chief of mission concurrence.
Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force.
SEC. 5701. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any country'';
(3) by inserting ``the government of'' before ``such country''
each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate, that assistance for such
country is in the national interest of the United States.''; and
(5) by adding at the end the following new paragraph:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the African
Development Foundation Act, the BUILD Act of 2018, section 504 of
the FREEDOM Support Act, or section 23 of the Arms Export Control
Act to the government of any country which is in default during a
period in excess of 1 calendar year in payment to the United States
of principal or interest or any loan made to the government of such
country by the United States unless the President determines,
following consultation with the congressional committees specified
in paragraph (1), that assistance for such country is in the
national interest of the United States.''.
SEC. 5702. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN
ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children
involved'' before the semicolon at the end; and
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of children
involved in such cases'' before the semicolon at the end;
(3) in paragraph (8), by striking ``and'' after the semicolon
at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children involved
for each country and as a total for all countries.''.
SEC. 5703. CHIEF OF MISSION CONCURRENCE.
In the course of a chief of mission providing concurrence to the
exercise of the authority pursuant to section 127e of title 10, United
States Code, or section 1202 of the National Defense Authorization Act
for Fiscal Year 2018--
(1) each relevant chief of mission shall inform and consult in
a timely manner with relevant individuals at relevant missions or
bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant compartmented
and special programs to so consult in a timely manner with respect
to such concurrence.
SEC. 5704. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK
FORCE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees, the Committee on Armed Services of the House of
Representatives, and the Committee on Armed Services of the Senate a
report evaluating the efforts of the Coronavirus Repatriation Task
Force of the Department of State to repatriate United States citizens
and legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of the
Department of State to incorporate such lessons learned.
DIVISION F--OTHER NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LXI--FINANCIAL SERVICES MATTERS
Sec. 6101. FinCEN Exchange.
Sec. 6102. Adverse information in cases of trafficking.
Sec. 6103. Support to enhance the capacity of International Monetary
Fund members to evaluate the legal and financial terms of
sovereign debt contracts.
Sec. 6104. United States policy on Burma at the International Monetary
Fund, the World Bank Group, and the Asian Development Bank.
Sec. 6105. United States policy regarding international financial
institution assistance with respect to advanced wireless
technologies.
Sec. 6106. Illicit finance improvements.
Sec. 6107. Briefing on delegation of examination authority under the
Bank Secrecy Act.
SEC. 6101. FINCEN EXCHANGE.
Section 310(d) of title 31, United States Code, is amended--
(1) in paragraph (2), by inserting ``other relevant private
sector entities,'' after ``financial institutions,'';
(2) in paragraph (3)(A)(i)(II), by inserting ``and other
relevant private sector entities'' after ``financial
institutions''; and
(3) in paragraph (5)--
(A) in subparagraph (A), by inserting ``or other relevant
private sector entity'' after ``financial institution''; and
(B) in subparagraph (B)--
(i) by striking ``Information'' and inserting the
following:
``(i) Use by financial institutions.--Information'';
and
(ii) by adding at the end the following:
``(ii) Use by other relevant private sector entities.--
Information received by a relevant private sector entity
that is not a financial institution pursuant to this
section shall not be used for any purpose other than
assisting a financial institution in identifying and
reporting on activities that may involve the financing of
terrorism, money laundering, proliferation financing, or
other financial crimes, or in assisting FinCEN or another
agency of the Federal Government in mitigating the risk of
the financing of terrorism, money laundering, proliferation
financing, or other criminal activities.''.
SEC. 6102. ADVERSE INFORMATION IN CASES OF TRAFFICKING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B the following:
``Sec. 605C. Adverse information in cases of trafficking
``(a) Definitions.--In this section:
``(1) Trafficking documentation.--The term `trafficking
documentation' means--
``(A) documentation of--
``(i) a determination that a consumer is a victim of
trafficking made by a Federal, State, or Tribal
governmental entity; or
``(ii) by a court of competent jurisdiction; and
``(B) documentation that identifies items of adverse
information that should not be furnished by a consumer
reporting agency because the items resulted from a severe form
of trafficking in persons or sex trafficking of which the
consumer is a victim.
``(2) Trafficking victims protection act of 2000 definitions.--
The terms `severe forms of trafficking in persons' and `sex
trafficking' have the meanings given, respectively, in section 103
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(3) Victim of trafficking.--The term `victim of trafficking'
means a person who is a victim of a severe form of trafficking in
persons or sex trafficking.
``(b) Adverse Information.--A consumer reporting agency may not
furnish a consumer report containing any adverse item of information
about a consumer that resulted from a severe form of trafficking in
persons or sex trafficking if the consumer has provided trafficking
documentation to the consumer reporting agency.
``(c) Rulemaking.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Director shall issue rules to
implement subsection (a).
``(2) Contents.--The rules issued pursuant to paragraph (1)
shall establish a method by which consumers shall submit
trafficking documentation to consumer reporting agencies.''.
(b) Table of Contents Amendment.--The table of contents of the Fair
Credit Reporting Act is amended by inserting after the item relating to
section 605B the following:
``605C. Adverse information in cases of trafficking.''.
(c) Application.--The amendments made by this section shall apply
on the date that is 30 days after the date on which the Director of the
Bureau of Consumer Financial Protection issues a rule pursuant to
section 605C(c) of the Fair Credit Reporting Act, as added by
subsection (a) of this section. Any rule issued by the Director to
implement such section 605C shall be limited to preventing a consumer
reporting agency from furnishing a consumer report containing any
adverse item of information about a consumer (as such terms are
defined, respectively, in section 603 the Fair Credit Reporting Act (15
U.S.C. 1681a)) that resulted from trafficking.
SEC. 6103. SUPPORT TO ENHANCE THE CAPACITY OF INTERNATIONAL MONETARY
FUND MEMBERS TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF SOVEREIGN
DEBT CONTRACTS.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the
end the following:
``SEC. 1630. SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS TO
EVALUATE THE LEGAL AND FINANCIAL TERMS OF SOVEREIGN DEBT CONTRACTS.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use the voice
and vote of the United States to advocate that the Fund promote
international standards and best practices with respect to sovereign
debt contracts and provide technical assistance to Fund members, and in
particular to lower middle-income countries and countries eligible to
receive assistance from the International Development Association,
seeking to enhance their capacity to evaluate the legal and financial
terms of sovereign debt contracts with multilateral, bilateral, and
private sector creditors.''.
(b) Report to the Congress.--Within 1 year after the date of the
enactment of this Act, and annually thereafter for the next 4 years,
the Secretary of the Treasury shall report to the Committee on
Financial Services of the House of Representatives and the Committee on
Foreign Relations of the Senate on--
(1) the activities of the International Monetary Fund in the
then most recently completed fiscal year to provide technical
assistance described in section 1630 of the International Financial
Institutions Act (as added by this section), including the ability
of the Fund to meet the demand for the assistance; and
(2) the efficacy of efforts by the United States to achieve the
policy goal described in such section and any further actions that
should be taken, if necessary, to implement that goal.
(c) Sunset.--The amendment made by subsection (a) shall have no
force or effect after the 5-year period that begins with the date of
the enactment of this Act.
SEC. 6104. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL MONETARY
FUND, THE WORLD BANK GROUP, AND THE ASIAN DEVELOPMENT BANK.
(a) Sense of the Congress.--It is the sense of the Congress that
the United States should not support the recognition of, or dealing
with, the State Administration Council, or any successor entity
controlled by the military, as the government of Burma for the purpose
of the provision of any loan or financial assistance by the
International Monetary Fund, the World Bank Group, or the Asian
Development Bank, except for humanitarian assistance channeled through
an implementing agency not controlled by the Burmese military.
(b) Policy.--Title XVI of the International Financial Institutions
Act (22 U.S.C. 262p et seq.), as amended by section 6103, is further
amended by adding at the end the following:
``SEC. 1631. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL
MONETARY FUND, THE WORLD BANK GROUP, AND THE ASIAN DEVELOPMENT BANK.
``(a) Policy of the United States.--The Secretary of Treasury shall
instruct the United States Executive Directors at the International
Monetary Fund, the World Bank Group, and the Asian Development Bank to
inform the respective institution that it is the policy of the United
States to oppose, and to use the voice and vote of the United States to
vote against, any loan or financial assistance to Burma through the
State Administration Council, or any successor entity controlled by the
military, except for humanitarian assistance channeled through an
implementing agency not controlled by the Burmese military.
``(b) Submission of Written Statements.--No later than 60 calendar
days after a meeting of the Board of Directors of the World Bank Group
or the Asian Development Bank, the Secretary of the Treasury shall
submit to the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the Senate
any written statement presented at the meeting by the United States
Executive Director concerning the United States policy described in
subsection (a) or the United States position on any strategy, policy,
loan, extension of financial assistance, or technical assistance
related to Burma considered by the Board.
``(c) Waiver.--The President of the United States may waive the
application of subsection (a) on a case-by-case basis upon certifying
to the Committee on Financial Services of the House of Representatives
and the Committee on Foreign Relations of the Senate that the waiver--
``(1) substantially promotes the objective of delivering
humanitarian assistance to the civilian population of Burma,
including a detailed explanation as to the need for such a waiver,
the nature of the humanitarian assistance, the mechanisms through
which such assistance will be delivered, and the oversight
safeguards that will accompany such assistance; or
``(2) is otherwise in the national interest of the United
States, with a detailed explanation of the reasons therefor.
``(d) World Bank Group Defined.--In this section, the term `World
Bank Group' means the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, and the Multilateral Investment
Guarantee Agency.''.
(c) Sunset.--Section 1631 of the International Financial
Institutions Act, as added by subsection (b), is repealed on the
earlier of--
(1) the date the President of the United States submits to the
Committee on Financial Services of the House of Representatives and
the Committee on Foreign Relations of the Senate a certification
that--
(A) the Burmese military has released all political
prisoners;
(B) an elected government has been instated following free
and fair elections; and
(C) all government institutions involved in the provision
of multilateral assistance are fully under civilian control; or
(2) the date that is 10 years after the date of the enactment
of this Act.
SEC. 6105. UNITED STATES POLICY REGARDING INTERNATIONAL FINANCIAL
INSTITUTION ASSISTANCE WITH RESPECT TO ADVANCED WIRELESS TECHNOLOGIES.
(a) In General.--The Secretary of the Treasury (in this section
referred to as the ``Secretary'') shall instruct the United States
Executive Director at each international financial institution (as
defined in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2))) that it is the policy of the
United States to--
(1) support assistance by the institution with respect to
advanced wireless technologies (such as 5th generation wireless
technology for digital cellular networks and related technologies)
only if the technologies provide appropriate security for users;
(2) proactively encourage assistance with respect to
infrastructure or policy reforms that facilitate the use of secure
advanced wireless technologies; and
(3) cooperate, to the maximum extent practicable, with member
states of the institution, particularly with United States allies
and partners, in order to strengthen international support for such
technologies.
(b) Waiver Authority.--The Secretary may waive subsection (a) on a
case-by-case basis, on reporting to the Committee on Financial Services
of the House of Representatives and the Committee on Foreign Relations
of the Senate that the waiver--
(1) will allow the United States to effectively promote the
objectives of the policy described in subsection (a); or
(2) is in the national interest of the United States, with an
explanation of the reasons therefor.
(c) Progress Report.--The Chairman of the National Advisory Council
on International Monetary and Financial Policies shall include in the
annual report required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r) a description of progress made toward
advancing the policy described in subsection (a) of this section.
(d) Sunset.--The preceding provisions of this section shall have no
force or effect after the earlier of--
(1) the date that is 7 years after the date of the enactment of
this Act; or
(2) the date that the Secretary reports to the committees
specified in subsection (b) that terminating the effectiveness of
the provisions is important to the national interest of the United
States, with a detailed explanation of the reasons therefor.
SEC. 6106. ILLICIT FINANCE IMPROVEMENTS.
(a) Scope of the Meetings of the Supervisory Team on Countering
Illicit Finance.--Section 6214(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (31 U.S.C. 5311
note) is amended by striking ``to combat the risk relating to
proliferation financing'' and inserting ``for the purposes of
countering illicit finance, including proliferation finance and
sanctions evasion''.
(b) Combating Russian Money Laundering.--Section 9714 of the
Combating Russian Money Laundering Act (Public Law 116-283) is
amended--
(1) by redesignating subsections (b) and (c) as subsections (f)
and (g), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or of the
requirement for 1 or more special measures with respect to a primary
money laundering concern made under this section, if the designation or
imposition, or both, were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.), such information may be submitted by the Secretary to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or any
requirement imposed under this section.
``(c) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure provided in section 5319 of
title 31, United States Code, shall apply to any report or record of
report filed pursuant to a requirement imposed under subsection (a) of
this section. For purposes of section 552 of title 5, United States
Code, this subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
``(d) Penalties.--The penalties provided for in sections 5321 and
5322 of title 31, United States Code, that apply to violations of
special measures imposed under section 5318A of title 31, United States
Code, shall apply to violations of any order, regulation, special
measure, or other requirement imposed under subsection (a) of this
section, in the same manner and to the same extent as described in
sections 5321 and 5322.
``(e) Injunctions.--The Secretary of the Treasury may bring a civil
action to enjoin a violation of any order, regulation, special measure,
or other requirement imposed under subsection (a) of this section in
the same manner and to the same extent as described in section 5320 of
title 31, United States Code.''.
SEC. 6107. BRIEFING ON DELEGATION OF EXAMINATION AUTHORITY UNDER THE
BANK SECRECY ACT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury shall, after
consultation with State bank supervisors, Federal financial regulators,
and other relevant stakeholders, conduct a briefing for the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate with respect to
the delegation of examination authority under the Bank Secrecy Act by
the Secretary of the Treasury.
(b) Contents.--The briefing conducted by the Secretary of the
Treasury pursuant to subsection (a) shall address--
(1) the current status of the delegation of examination
authority under the Bank Secrecy Act by the Secretary of the
Treasury, including with respect to the mission of the Bank Secrecy
Act;
(2) how frequently, on average, agencies delegated exam
authority under the Bank Secrecy Act by the Secretary are able to
examine entities for which they have delegated authorities;
(3) whether agencies delegated examination authority under the
Bank Secrecy Act by the Secretary of the Treasury have appropriate
resources to perform such delegated responsibilities; and
(4) whether the examiners within agencies delegated examination
authority under the Bank Secrecy Act by the Secretary of the
Treasury have sufficient training and support to perform delegated
responsibilities.
(c) Definitions.--In this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act'' means--
(A) section 21 of the Federal Deposit Insurance Act (12
U.S.C. 1829b);
(B) section 123 of Public Law 91-508; and
(C) subchapter II of chapter 53 of title 31, United States
Code.
(2) Federal financial regulators.--The term ``Federal financial
regulators'' means the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the National
Credit Union Administration Board, the Comptroller of the Currency,
the Commodity Futures Trading Commission, the Securities and
Exchange Commission, and the Commissioner of the Internal Revenue
Service.
(3) State bank supervisors.--The term ``State bank
supervisors'' has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
TITLE LXII--FOREIGN SERVICE FAMILIES ACT OF 2021
Sec. 6201. Short title.
Sec. 6202. Telecommuting opportunities.
Sec. 6203. Employment and education programs for eligible family members
of members of the Foreign Service.
Sec. 6204. Briefing on Foreign Service family reserve corps.
Sec. 6205. Treatment of family members seeking positions customarily
filled by Foreign Service officers or foreign national
employees.
Sec. 6206. In-State tuition rates for members of qualifying Federal
service.
Sec. 6207. Termination of residential or motor vehicle leases and
telephone service contracts for certain members of the Foreign
Service.
SECTION 6201. SHORT TITLE.
This title may be cited as the ``Foreign Service Families Act of
2021''.
SEC. 6202. TELECOMMUTING OPPORTUNITIES.
(a) DETO Policy.--
(1) In general.--Each Federal department and agency shall
establish a policy enumerating the circumstances under which
employees may be permitted to temporarily perform work requirements
and duties from approved overseas locations where there is a
related Foreign Service assignment pursuant to an approved
Domestically Employed Teleworking Overseas (DETO) agreement,
consistent with the requirements under section 6502 of title 5,
United States code (relating to the executive agencies telework
requirements), as amended by paragraph (2), and DETO requirements,
as set forth in the Foreign Affairs Manual and Foreign Affairs
Handbook of the Department of State.
(2) Amendment.--Section 6502(b) of title 5, United States Code,
is amended--
(A) in paragraph (4)(B), by striking ``and'' after the
semicolon;
(B) in paragraph 5, by striking the period at the end and
inserting ``; and'' ; and
(C) by adding at the end the following new paragraph:
``(6) enumerate the circumstances under which employees may be
permitted to temporarily perform work requirements and duties from
approved overseas locations, provided that, except in emergency
situations as determined by the head of the agency, such
circumstances shall not include a situation in which an employee's
official duties require on at least a monthly basis the direct
handling of secure materials determined to be inappropriate for
telework by the agency head.''.
(b) Access to ICASS System.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall revise
chapter 900 of volume 6 of the Foreign Affairs Manual, the
International Cooperative Administrative Support Services Handbook, the
Personnel Operations Handbook, and any other relevant regulations to
allow each Federal agency that has enacted a policy under subsection
(a) to have access to the International Cooperative Administrative
Support Services (ICASS) system.
SEC. 6203. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE FAMILY
MEMBERS OF MEMBERS OF THE FOREIGN SERVICE.
Section 706(b) of the Foreign Service Act of 1980 (22 U.S.C.
4026(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary may facilitate the
employment of spouses of members of the Foreign Service by--''
and inserting ``The Secretary shall implement such measures as
the Secretary considers necessary to facilitate the employment
of spouses and members of the Service. The measures may
include--'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by amending subparagraph (C) to read as follows:
``(C) establishing a program for assisting eligible family
members in accessing employment and education opportunities, as
appropriate, including by exercising the authorities, in
relevant part, under sections 1784 and 1784a of title 10,
United States Code, and subject to such regulations as the
Secretary may prescribe modeled after those prescribed pursuant
to subsection (b) of such section 1784;'';
(2) by redesignating paragraph (2) as paragraph (6);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary may prescribe regulations--
``(A) to provide preference to eligible family members in
hiring for any civilian position in the Department,
notwithstanding the prohibition on marital discrimination found
in 5 U.S.C. 2302(b)(1)(E), if --
``(i) the eligible family member is among persons
determined to be best qualified for the position; and
``(ii) the position is located in the overseas country
of assignment of their sponsoring employee;
``(B) to ensure that notice of any vacant position in the
Department is provided in a manner reasonably designed to reach
eligible family members of sponsoring employees whose permanent
duty stations are in the same country as that in which the
position is located; and
``(C) to ensure that an eligible family member who applies
for a vacant position in the Department shall, to the extent
practicable, be considered for any such position located in the
same country as the permanent duty station of their sponsoring
employee.
``(3) Nothing in this section may be construed to provide an
eligible family member with entitlement or preference in hiring
over an individual who is preference eligible.
``(4) Under regulations prescribed by the Secretary, a chief of
mission may, consistent with all applicable laws and regulations
pertaining to the ICASS system, make available to an eligible
family member and a non-Department entity space in an embassy or
consulate for the purpose of the non-Department entity providing
employment-related training for eligible family members.
``(5) The Secretary may work with the Director of the Office of
Personnel Management and the heads of other Federal departments and
agencies to expand and facilitate the use of existing Federal
programs and resources in support of eligible family member
employment.''; and
(4) by adding after paragraph (6), as redesignated by paragraph
(2) of this subsection, the following new paragraph:
``(7) In this subsection, the term `eligible family member' refers
to family members of government employees assigned abroad or hired for
service at their post of residence who are appointed by the Secretary
of State or the Administrator of the United States Agency for
International Development pursuant to sections 102, 202, 303, and
311.''.
SEC. 6204. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the status of implementation of
the Foreign Service Family Reserve Corps.
(b) Elements.--The briefing required under subsection (a) shall
include the following elements:
(1) A description of the status of implementation of the
Foreign Service Family Reserve Corps (FSFRC).
(2) An assessment of the extent to which implementation was
impacted by the Department's hiring freeze and a detailed
explanation of the effect of any such impacts.
(3) A description of the status of implementation of a hiring
preference for the FSFRC.
(4) A detailed accounting of any individuals eligible for
membership in the FSFRC who were unable to begin working at a new
location as a result of being unable to transfer their security
clearance, including an assessment of whether they would have been
able to port their clearance as a member of the FSFRC if the
program had been fully implemented.
(5) An estimate of the number of individuals who are eligible
to join the FSFRC worldwide and the categories, as detailed in the
Under Secretary for Management's guidance dated May 3, 2016, under
which those individuals would enroll.
(6) An estimate of the number of individuals who are enrolled
in the FSFRC worldwide and the categories, as detailed in the Under
Secretary for Management's guidance dated May 3, 2016, under which
those individuals enrolled.
(7) An estimate of the number of individuals who were enrolled
in each phase of the implementation of the FSFRC as detailed in
guidance issued by the Under Secretary for Management.
(8) An estimate of the number of individuals enrolled in the
FSFRC who have successfully transferred a security clearance to a
new post since implementation of the program began.
(9) An estimate of the number of individuals enrolled in the
FSFRC who have been unable to successfully transfer a security
clearance to a new post since implementation of the program began.
(10) An estimate of the number of individuals who have declined
in writing to apply to the FSFRC.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6205. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS CUSTOMARILY
FILLED BY FOREIGN SERVICE OFFICERS OR FOREIGN NATIONAL EMPLOYEES.
Section 311 of the Foreign Service Act of 1980 (22 U.S.C. 3951) is
amended by adding at the end the following:
``(e) The Secretary shall hold a family member of a government
employee described in subsection (a) seeking employment in a position
described in that subsection to the same employment standards as those
applicable to Foreign Service officers, Foreign Service personnel, or
foreign national employees seeking the same or a substantially similar
position.''.
SEC. 6206. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING FEDERAL
SERVICE.
(a) In General.--Section 135 of the Higher Education Act of 1965
(20 U.S.C. 1015d) is amended--
(1) in the section heading, by striking ``the armed forces on
active duty, spouses, and dependent children'' and inserting
``qualifying federal service'';
(2) in subsection (a), by striking ``member of the armed forces
who is on active duty for a period of more than 30 days and'' and
inserting ``member of a qualifying Federal service'';
(3) in subsection (b), by striking ``member of the armed
forces'' and inserting ``member of a qualifying Federal service'';
and
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section, the term `member of a
qualifying Federal service' means--
``(1) a member of the armed forces (as defined in section 101
of title 10, United States Code) who is on active duty for a period
of more than 30 days (as defined in section 101 of title 10, United
States Code); or
``(2) a member of the Foreign Service (as defined in section
103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) who is on
active duty for a period of more than 30 days.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at each public institution of higher education in a State
that receives assistance under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) for the first period of enrollment at such
institution that begins after July 1, 2024.
SEC. 6207. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES AND
TELEPHONE SERVICE CONTRACTS FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE.
(a) In General.--Chapter 9 of title I of the Foreign Service Act of
1980 (22 U.S.C. 4081 et seq.) is amended by adding at the end the
following new section:
``SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES AND
TELEPHONE SERVICE CONTRACTS.
``The terms governing the termination of residential or motor
vehicle leases and telephone service contracts described in sections
305 and 305A, respectively, of the Servicemembers Civil Relief Act (50
U.S.C. 3955 and 3956) with respect to servicemembers who receive
military orders described in such Act shall apply in the same manner
and to the same extent to members of the Service who are posted abroad
at a Foreign Service post in accordance with this Act.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Foreign Service Act of 1980 is amended by inserting after the item
relating to section 906 the following new item:
``Sec. 907. Termination of residential or motor vehicle leases and
telephone service contracts.''.
TITLE LXIII--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
Sec. 6301. Short title.
Sec. 6302. Clarifying amendments to definitions.
Sec. 6303. Barry Goldwater Scholarship and Excellence in Education
Awards.
Sec. 6304. Stipends.
Sec. 6305. Scholarship and research internship conditions.
Sec. 6306. Sustainable investments of funds.
Sec. 6307. Administrative provisions.
SEC. 6301. SHORT TITLE.
This title may be cited as the ``Barry Goldwater Scholarship and
Excellence in Education Modernization Act of 2021''.
SEC. 6302. CLARIFYING AMENDMENTS TO DEFINITIONS.
Section 1403 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4702) is amended--
(1) by striking paragraph (5) and inserting the following new
paragraph (5):
``(5) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the
United States Virgin Islands, American Samoa, the Commonwealth of
the Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, the Republic of Palau, and any
other territory or possession of the United States.''; and
(2) by striking paragraph (6), by inserting the following new
paragraph (6):
``(6) The term `eligible person' means--
``(A) a permanent resident alien of the United States;
``(B) a citizen or national of the United States;
``(C) a citizen of the Republic of the Marshall Islands,
the Federal States of Micronesia, or the Republic of Palau; or
``(D) any person who may be admitted to lawfully engage in
occupations and establish residence as a nonimmigrant in the
United States as permitted under the Compact of Free
Association agreements with the Republic of the Marshall
Islands, the Federal States of Micronesia, or the Republic of
Palau.''.
SEC. 6303. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
AWARDS.
(a) Award of Scholarships, Fellowships, and Research Internships.--
Section 1405(a) of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4704(a)) is amended--
(1) in the subsection heading, by striking ``Award of
Scholarships and Fellowships'' and inserting ``Award of
Scholarships, Fellowships, and Research Internships'';
(2) in paragraph (1)--
(A) by striking ``scholarships and fellowships'' and
inserting ``scholarships, fellowships, and research
internships''; and
(B) by striking ``science and mathematics'' and inserting
``the natural sciences, engineering, and mathematics'';
(3) in paragraph (2), by striking ``mathematics and the natural
sciences'' and inserting ``the natural sciences, engineering, and
mathematics, which shall be prioritized for students attending
community colleges and minority-serving institutions specified in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a))'';
(4) in paragraph (3), by striking ``mathematics and the natural
sciences'' and inserting ``the natural sciences, engineering, and
mathematics'';
(5) by redesignating paragraph (4) as paragraph (5);
(6) in paragraph (5), as so redesignated, by striking
``scholarships and fellowships'' and inserting ``scholarships,
fellowships, and research internships''; and
(7) by inserting after paragraph (3) the following:
``(4) Research internships shall be awarded to outstanding
undergraduate students who intend to pursue careers in the natural
sciences, engineering, and mathematics, which shall be prioritized
for students attending community colleges and minority-serving
institutions specified in section 371(a) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(a)).''.
(b) Barry Goldwater Scholars and Research Interns.--Section 1405(b)
of the Barry Goldwater Scholarship and Excellence in Education Act (20
U.S.C. 4704(b)) is amended--
(1) in the subsection heading, by adding ``and Research
Interns'' after ``Scholars''; and
(2) by adding at the end the following new sentence:
``Recipients of research internships under this title shall be
known as `Barry Goldwater Interns'.''.
SEC. 6304. STIPENDS.
Section 1406 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4705) is amended by adding at the end the
following: ``Each person awarded a research internship under this title
shall receive a stipend as may be prescribed by the Board, which shall
not exceed the maximum stipend amount awarded for a scholarship or
fellowship.''.
SEC. 6305. SCHOLARSHIP AND RESEARCH INTERNSHIP CONDITIONS.
Section 1407 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4706) is amended--
(1) in the section heading, by inserting ``and research
internship'' after ``scholarship'';
(2) in subsection (a)--
(A) by striking the subsection heading and inserting
``Scholarship Conditions''; and
(B) by striking ``and devoting full time to study or
research and is not engaging in gainful employment other than
employment approved by the Foundation'';
(3) in subsection (b), by striking the subsection heading and
inserting ``Reports on Scholarships''; and
(4) by adding at the end the following:
``(c) Research Internship Conditions.--A person awarded a research
internship under this title may receive payments authorized under this
title only during such periods as the Foundation finds that the person
is maintaining satisfactory proficiency pursuant to regulations of the
Board.
``(d) Reports on Research Internships.--The Foundation may require
reports containing such information in such form and to be filed at
such times as the Foundation determines to be necessary from any person
awarded a research internship under this title. Such reports may be
accompanied by a certificate from an appropriate official at the
institution of higher education or internship employer, approved by the
Foundation, stating that such person is maintaining satisfactory
progress in the internship.''.
SEC. 6306. SUSTAINABLE INVESTMENTS OF FUNDS.
Section 1408 of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4707) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Investment in Securities.--Notwithstanding subsection (b),
the Secretary of the Treasury may invest any public or private funds
received by the Foundation after the date of enactment of the Barry
Goldwater Scholarship and Excellence in Education Modernization Act of
2021 in securities other than or in addition to public debt securities
of the United States, if--
``(1) the Secretary receives a determination from the Board
that such investments are necessary to enable the Foundation to
carry out the purposes of this title; and
``(2) the securities in which such funds are invested are
traded in established United States markets.
``(d) Construction.--Nothing in this section shall be construed to
limit the authority of the Board to increase the number of scholarships
provided under section 4704, or to increase the amount of the stipend
authorized by section 4705, as the Board considers appropriate and is
otherwise consistent with the requirements of this title.''.
SEC. 6307. ADMINISTRATIVE PROVISIONS.
Section 1411(a) of the Barry Goldwater Scholarship and Excellence
in Education Act (20 U.S.C. 4710(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) appoint and fix the rates of basic pay of not more than
three employees (in addition to the Executive Secretary appointed
under section 4709) to carry out the provisions of this title,
without regard to the provisions in chapter 33 of title 5, United
States Code, governing appointment in the competitive service or
the provisions of chapter 51 and subchapter III of chapter 53 of
such title, except that--
``(A) a rate of basic pay set under this paragraph may not
exceed the maximum rate provided for employees in grade GS-15
of the General Schedule under section 5332 of title 5, United
States Code; and
``(B) the employee shall be entitled to the applicable
locality-based comparability payment under section 5304 of
title 5, United States Code, subject to the applicable
limitation established under subsection (g) of such section;'';
(2) in paragraph (2), by striking ``grade GS-18 under section
5332 of such title'' and inserting ``level IV of the Executive
Schedule'';
(3) in paragraph (7), by striking ``and'' at the end;
(4) by redesignating paragraph (8) as paragraph (10); and
(5) by inserting after paragraph (7) the following:
``(8) expend not more than 5 percent of the Foundation's annual
operating budget on programs that, in addition to or in conjunction
with the Foundation's scholarship financial awards, support the
development of Goldwater Scholars throughout their professional
careers;
``(9) expend not more than 5 percent of the Foundation's annual
operating budget to pay the costs associated with fundraising
activities, including public and private gatherings; and''.
TITLE LXIV--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
Sec. 6401. Employee engagement steering committee and action plan.
Sec. 6402. Annual employee award program.
Sec. 6403. Chief Human Capital Officer responsibilities.
Sec. 6404. Independent investigation and implementation plan.
Sec. 6405. Authorization of the acquisition professional career program.
Sec. 6406. National urban security technology laboratory.
Sec. 6407. Department of Homeland Security Blue Campaign enhancement.
Sec. 6408. Medical countermeasures program.
Sec. 6409. Critical domain research and development.
Sec. 6410. CBP Donations Acceptance Program Reauthorization.
Subtitle B--Transportation Security
Sec. 6411. Survey of the Transportation Security Administration
workforce regarding COVID-19 response.
Sec. 6412. Transportation Security Preparedness Plan.
Sec. 6413. Authorization of Transportation Security Administration
personnel details.
Sec. 6414. Transportation Security Administration preparedness.
Sec. 6415. Plan to reduce the spread of coronavirus at passenger
screening checkpoints.
Sec. 6416. Comptroller General review of Department of Homeland Security
trusted traveler programs.
Sec. 6417. Enrollment redress with respect to Department of Homeland
Security trusted traveler programs.
Sec. 6418. Threat information sharing.
Sec. 6419. Local law enforcement security training.
Sec. 6420. Allowable uses of funds for public transportation security
assistance grants.
Sec. 6421. Periods of performance for public transportation security
assistance grants.
Sec. 6422. GAO review of public transportation security assistance grant
program.
Sec. 6423. Sensitive security information; aviation security.
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
SEC. 6401. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 711. EMPLOYEE ENGAGEMENT.
``(a) Steering Committee.--Not later than 120 days after the date
of the enactment of this section, the Secretary shall establish an
employee engagement steering committee, including representatives from
operational components, headquarters, and field personnel, including
supervisory and nonsupervisory personnel, and employee labor
organizations that represent Department employees, and chaired by the
Under Secretary for Management, to carry out the following activities:
``(1) Identify factors that have a negative impact on employee
engagement, morale, and communications within the Department, such
as perceptions about limitations on career progression, mobility,
or development opportunities, collected through employee feedback
platforms, including through annual employee surveys,
questionnaires, and other communications, as appropriate.
``(2) Identify, develop, and distribute initiatives and best
practices to improve employee engagement, morale, and
communications within the Department, including through annual
employee surveys, questionnaires, and other communications, as
appropriate.
``(3) Monitor efforts of each component to address employee
engagement, morale, and communications based on employee feedback
provided through annual employee surveys, questionnaires, and other
communications, as appropriate.
``(4) Advise the Secretary on efforts to improve employee
engagement, morale, and communications within specific components
and across the Department.
``(5) Conduct regular meetings and report, not less than once
per quarter, to the Under Secretary for Management, the head of
each component, and the Secretary on Departmentwide efforts to
improve employee engagement, morale, and communications.
``(b) Action Plan; Reporting.--The Secretary, acting through the
Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the employee engagement steering committee under
subsection (a), issue a Departmentwide employee engagement action
plan, reflecting input from the steering committee and employee
feedback provided through annual employee surveys, questionnaires,
and other communications in accordance with paragraph (1) of such
subsection, to execute strategies to improve employee engagement,
morale, and communications within the Department; and
``(2) require the head of each component to--
``(A) develop and implement a component-specific employee
engagement plan to advance the action plan required under
paragraph (1) that includes performance measures and
objectives, is informed by employee feedback provided through
annual employee surveys, questionnaires, and other
communications, as appropriate, and sets forth how employees
and, where applicable, their labor representatives are to be
integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such action
plan; and
``(C) provide to the Chief Human Capital Officer and the
steering committee quarterly reports on actions planned and
progress made under this paragraph.
``(c) Termination.--This section shall terminate on the date that
is five years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 710 the following new item:
``Sec. 711. Employee engagement.''.
(c) Submissions to Congress.--
(1) Department-wide employee engagement action plan.--The
Secretary of Homeland Security, acting through the Chief Human
Capital Officer of the Department of Homeland Security, shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the Department-wide employee
engagement action plan required under subsection (b)(1) of section
711 of the Homeland Security Act of 2002 (as added by subsection
(a) of this section) not later than 30 days after the issuance of
such plan under such subsection (b)(1).
(2) Component-specific employee engagement plans.--Each head of
a component of the Department of Homeland Security shall submit to
the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of
the Senate the component-specific employee engagement plan of each
such component required under subsection (b)(2) of section 711 of
the Homeland Security Act of 2002 not later than 30 days after the
issuance of each such plan under such subsection (b)(2).
SEC. 6402. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by section 6401 of this Act, is further
amended by adding at the end the following new section:
``SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.
``(a) In General.--The Secretary may establish an annual employee
award program to recognize Department employees or groups of employees
for significant contributions to the achievement of the Department's
goals and missions. If such a program is established, the Secretary
shall--
``(1) establish within such program categories of awards, each
with specific criteria, that emphasize honoring employees who are
at the nonsupervisory level;
``(2) publicize within the Department how any employee or group
of employees may be nominated for an award;
``(3) establish an internal review board comprised of
representatives from Department components, headquarters, and field
personnel to submit to the Secretary award recommendations
regarding specific employees or groups of employees;
``(4) select recipients from the pool of nominees submitted by
the internal review board under paragraph (3) and convene a
ceremony at which employees or groups of employees receive such
awards from the Secretary; and
``(5) publicize such program within the Department.
``(b) Internal Review Board.--The internal review board described
in subsection (a)(3) shall, when carrying out its function under such
subsection, consult with representatives from operational components
and headquarters, including supervisory and nonsupervisory personnel,
and employee labor organizations that represent Department employees.
``(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to carry out the requirements
of this section or to require the Secretary to provide monetary bonuses
to recipients of an award under this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 6401 of this
Act, is further amended by inserting after the item relating to section
711 the following new item:
``Sec. 712. Annual employee award program.''.
SEC. 6403. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with respect to leader
development and employee engagement,'' after ``policies'';
(ii) by striking ``and in line'' and inserting ``, in
line''; and
(iii) by inserting ``and informed by best practices
within the Federal Government and the private sector,''
after ``priorities,'';
(B) in paragraph (2), by striking ``develop performance
measures to provide a basis for monitoring and evaluating'' and
inserting ``use performance measures to evaluate, on an ongoing
basis,'';
(C) in paragraph (3), by inserting ``that, to the extent
practicable, are informed by employee feedback'' after
``policies'';
(D) in paragraph (4), by inserting ``including leader
development and employee engagement programs,'' before ``in
coordination'';
(E) in paragraph (5), by inserting before the semicolon at
the end the following: ``that is informed by an assessment,
carried out by the Chief Human Capital Officer, of the learning
and developmental needs of employees in supervisory and
nonsupervisory roles across the Department and appropriate
workforce planning initiatives'';
(F) by redesignating paragraphs (9) and (10) as paragraphs
(13) and (14), respectively; and
(G) by inserting after paragraph (8) the following new
paragraphs:
``(9) maintain a catalogue of available employee development
opportunities, including the Homeland Security Rotation Program
pursuant to section 844, departmental leadership development
programs, interagency development programs, and other rotational
programs;
``(10) ensure that employee discipline and adverse action
programs comply with the requirements of all pertinent laws, rules,
regulations, and Federal guidance, and ensure due process for
employees;
``(11) analyze each Department or Government-wide Federal
workforce satisfaction or morale survey not later than 90 days
after the date of the publication of each such survey and submit to
the Secretary such analysis, including, as appropriate,
recommendations to improve workforce satisfaction or morale within
the Department;
``(12) review and approve all component employee engagement
action plans to ensure such plans include initiatives responsive to
the root cause of employee engagement challenges, as well as
outcome-based performance measures and targets to track the
progress of such initiatives;'';
(2) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Chief Learning and Engagement Officer.--The Chief Human
Capital Officer may designate an employee of the Department to serve as
a Chief Learning and Engagement Officer to assist the Chief Human
Capital Officer in carrying out this section.''; and
(4) in subsection (e), as so redesignated--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) information on employee development opportunities
catalogued pursuant to paragraph (9) of subsection (b) and any
available data on participation rates, attrition rates, and impacts
on retention and employee satisfaction;
``(3) information on the progress of Departmentwide strategic
workforce planning efforts as determined under paragraph (2) of
subsection (b);
``(4) information on the activities of the steering committee
established pursuant to section 711(a), including the number of
meetings, types of materials developed and distributed, and
recommendations made to the Secretary;''.
SEC. 6404. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall investigate whether the application in the Department of Homeland
Security of discipline and adverse actions for managers and non-
managers are administered in an equitable and consistent manner that
results in the same or substantially similar disciplinary outcomes
across the Department that are appropriately calibrated to address the
identified misconduct, taking into account relevant aggravating and
mitigating factors.
(b) Consultation.--In carrying out the investigation described in
subsection (a), the Comptroller General of the United States shall
consult with the Under Secretary for Management of the Department of
Homeland Security and the employee engagement steering committee
established pursuant to subsection (b)(1) of section 711 of the
Homeland Security Act of 2002 (as added by section 6401(a) of this
Act).
(c) Action by Under Secretary for Management.--Upon completion of
the investigation described in subsection (a), the Under Secretary for
Management of the Department of Homeland Security shall review the
findings and recommendations of such investigation and implement a
plan, in consultation with the employee engagement steering committee
established pursuant to subsection (b)(1) of section 711 of the
Homeland Security Act of 2002, to correct any relevant deficiencies
identified by the Comptroller General of the United States in such
investigation. The Under Secretary for Management shall direct the
employee engagement steering committee to review such plan to inform
committee activities and action plans authorized under such section
711.
SEC. 6405. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER
PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by sections 6401 and 6402 of this Act,
is further amended by adding at the end the following new section:
``SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM.
``(a) Establishment.--There is established in the Department an
acquisition professional career program to develop a cadre of
acquisition professionals within the Department.
``(b) Administration.--The Under Secretary for Management shall
administer the acquisition professional career program established
pursuant to subsection (a).
``(c) Program Requirements.--The Under Secretary for Management
shall carry out the following with respect to the acquisition
professional career program.
``(1) Designate the occupational series, grades, and number of
acquisition positions throughout the Department to be included in
the program and manage centrally such positions.
``(2) Establish and publish on the Department's website
eligibility criteria for candidates to participate in the program.
``(3) Carry out recruitment efforts to attract candidates--
``(A) from institutions of higher education, including such
institutions with established acquisition specialties and
courses of study, historically Black colleges and universities,
and Hispanic-serving institutions;
``(B) with diverse work experience outside of the Federal
Government; or
``(C) with military service.
``(4) Hire eligible candidates for designated positions under
the program.
``(5) Develop a structured program comprised of acquisition
training, on-the-job experience, Department-wide rotations,
mentorship, shadowing, and other career development opportunities
for program participants.
``(6) Provide, beyond required training established for program
participants, additional specialized acquisition training,
including small business contracting and innovative acquisition
techniques training.
``(d) Reports.--Not later than one year after the date of the
enactment of this section, and annually thereafter through 2027, the
Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the acquisition
professional career program. Each such report shall include the
following information:
``(1) The number of candidates approved for the program.
``(2) The number of candidates who commenced participation in
the program, including generalized information on such candidates'
backgrounds with respect to education and prior work experience,
but not including personally identifiable information.
``(3) A breakdown of the number of participants hired under the
program by type of acquisition position.
``(4) A list of Department components and offices that
participated in the program and information regarding length of
time of each program participant in each rotation at such
components or offices.
``(5) Program attrition rates and post-program graduation
retention data, including information on how such data compare to
the prior year's data, as available.
``(6) The Department's recruiting efforts for the program.
``(7) The Department's efforts to promote retention of program
participants.
``(e) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term `Hispanic-serving
institution' has the meaning given such term in section 502 of the
Higher Education Act of 1965 (20 U.S.C. 1101a).
``(2) Historically black colleges and universities.--The term
`historically Black colleges and universities' has the meaning
given the term `part B institution' in section 322(2) of Higher
Education Act of 1965 (20 U.S.C. 1061(2)).
``(3) Institution of higher education.--The term `institution
of higher education' has the meaning given such term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by sections 6401 and 6402
of this Act, is further amended by inserting after the item relating to
section 712 the following new item:
``Sec. 713. Acquisition professional career program.''.
SEC. 6406. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the laboratory
described in subsection (b) as an additional laboratory pursuant to the
authority under section 308(c)(2) of this Act. Such laboratory shall be
used to test and evaluate emerging technologies and conduct research
and development to assist emergency response providers in preparing
for, and protecting against, threats of terrorism.
``(b) Laboratory Described.--The laboratory described in this
subsection is the laboratory--
``(1) known, as of the date of the enactment of this section,
as the National Urban Security Technology Laboratory; and
``(2) transferred to the Department pursuant to section
303(1)(E) of this Act.
``(c) Laboratory Activities.--The National Urban Security
Technology Laboratory shall--
``(1) conduct tests, evaluations, and assessments of current
and emerging technologies, including, as appropriate, the
cybersecurity of such technologies that can connect to the
internet, for emergency response providers;
``(2) act as a technical advisor to emergency response
providers; and
``(3) carry out other such activities as the Secretary
determines appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass Destruction Office
of the Department.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is further amended by inserting after
the item relating to section 321 the following new item:
``Sec. 322. National Urban Security Technology Laboratory.''.
SEC. 6407. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN ENHANCEMENT.
Section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is
amended--
(1) in subsection (e)(6), by striking ``utilizing resources,''
and inserting ``developing and utilizing, in consultation with the
Blue Campaign Advisory Board established pursuant to subsection
(g), resources''; and
(2) by adding at the end the following new subsections:
``(f) Web-based Training Programs.--To enhance training
opportunities, the Director of the Blue Campaign shall develop web-
based interactive training videos that utilize a learning management
system to provide online training opportunities. During the 10-year
period beginning on the date that is 90 days after the date of the
enactment of this subsection such training opportunities shall be made
available to the following individuals:
``(1) Federal, State, local, Tribal, and territorial law
enforcement officers.
``(2) Non-Federal correction system personnel.
``(3) Such other individuals as the Director determines
appropriate.
``(g) Blue Campaign Advisory Board.--
``(1) In general.--There is established in the Department a
Blue Campaign Advisory Board, which shall be comprised of
representatives assigned by the Secretary from--
``(A) the Office for Civil Rights and Civil Liberties of
the Department;
``(B) the Privacy Office of the Department; and
``(C) not fewer than four other separate components or
offices of the Department.
``(2) Charter.--The Secretary is authorized to issue a charter
for the Blue Campaign Advisory Board, and such charter shall
specify the following:
``(A) The Board's mission, goals, and scope of its
activities.
``(B) The duties of the Board's representatives.
``(C) The frequency of the Board's meetings.
``(3) Consultation.--The Director shall consult the Blue
Campaign Advisory Board and, as appropriate, experts from other
components and offices of the Center for Countering Human
Trafficking of the Department regarding the following:
``(A) Recruitment tactics used by human traffickers to
inform the development of training and materials by the Blue
Campaign.
``(B) The development of effective awareness tools for
distribution to Federal and non-Federal officials to identify
and prevent instances of human trafficking.
``(C) Identification of additional persons or entities that
may be uniquely positioned to recognize signs of human
trafficking and the development of materials for such persons.
``(h) Consultation.--With regard to the development of programs
under the Blue Campaign and the implementation of such programs, the
Director is authorized to consult with State, local, Tribal, and
territorial agencies, non-governmental organizations, private sector
organizations, and experts.''.
SEC. 6408. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Subtitle C of title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 597) is amended by adding at the end the
following new section:
``SEC. 1932. MEDICAL COUNTERMEASURES.
``(a) In General.--Subject to the availability of appropriations,
the Secretary shall, as appropriate, establish a medical
countermeasures program within the components of the Department to--
``(1) facilitate personnel readiness and protection for the
employees and working animals of the Department in the event of a
chemical, biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, other event impacting health,
or pandemic; and
``(2) support the mission continuity of the Department.
``(b) Oversight.--The Secretary, acting through the Chief Medical
Officer of the Department, shall--
``(1) provide programmatic oversight of the medical
countermeasures program established under subsection (a); and
``(2) develop standards for--
``(A) medical countermeasure storage, security, dispensing,
and documentation;
``(B) maintaining a stockpile of medical countermeasures,
including antibiotics, antivirals, antidotes, therapeutics, and
radiological countermeasures, as appropriate;
``(C) ensuring adequate partnerships with manufacturers and
executive agencies that enable advance prepositioning by
vendors of inventories of appropriate medical countermeasures
in strategic locations nationwide, based on risk and employee
density, in accordance with applicable Federal statutes and
regulations;
``(D) providing oversight and guidance regarding the
dispensing of stockpiled medical countermeasures;
``(E) ensuring rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, other event impacting health, or pandemic;
``(F) providing training to employees of the Department on
medical countermeasures; and
``(G) supporting dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Secretary, acting
through the Chief Medical Officer of the Department, shall establish a
medical countermeasures working group comprised of representatives from
appropriate components and offices of the Department to ensure that
medical countermeasures standards are maintained and guidance is
consistent.
``(d) Medical Countermeasures Management.--Not later than 120 days
after the date on which appropriations are made available to carry out
subsection (a), the Chief Medical Officer shall develop and submit to
the Secretary an integrated logistics support plan for medical
countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical countermeasure
purchases.
``(e) Transfer.--Not later than 120 days after the date of
enactment of this section, the Secretary shall transfer all medical
countermeasures-related programmatic and personnel resources from the
Under Secretary for Management to the Chief Medical Officer.
``(f) Stockpile Elements.--In determining the types and quantities
of medical countermeasures to stockpile under subsection (d), the
Secretary, acting through the Chief Medical Officer of the Department--
``(1) shall use a risk-based methodology for evaluating types
and quantities of medical countermeasures required; and
``(2) may use, if available--
``(A) chemical, biological, radiological, and nuclear risk
assessments of the Department; and
``(B) guidance on medical countermeasures of the Office of
the Assistant Secretary for Preparedness and Response and the
Centers for Disease Control and Prevention.
``(g) Briefing.--Not later than 180 days after the date of
enactment of this section, the Secretary shall provide a briefing to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives regarding--
``(1) the plan developed under subsection (d); and
``(2) implementation of the requirements of this section.
``(h) Definition.--In this section, the term `medical
countermeasures' means antibiotics, antivirals, antidotes,
therapeutics, radiological countermeasures, and other countermeasures
that may be deployed to protect the employees and working animals of
the Department in the event of a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease outbreak,
other event impacting health, or pandemic.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is further amended by inserting after
the item relating to section 1931 the following new item:
``Sec. 1932. Medical countermeasures.''.
SEC. 6409. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is authorized to
conduct research and development to--
``(A) identify United States critical domains for economic
security and homeland security; and
``(B) evaluate the extent to which disruption, corruption,
exploitation, or dysfunction of any of such domain poses a
substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The research
under paragraph (1) shall include a risk analysis of each
identified United States critical domain for economic security
to determine the degree to which there exists a present or
future threat to homeland security in the event of disruption,
corruption, exploitation, or dysfunction to such domain. Such
research shall consider, to the extent possible, the following:
``(i) The vulnerability and resilience of relevant
supply chains.
``(ii) Foreign production, processing, and
manufacturing methods.
``(iii) Influence of malign economic actors.
``(iv) Asset ownership.
``(v) Relationships within the supply chains of such
domains.
``(vi) The degree to which the conditions referred to
in clauses (i) through (v) would place such a domain at
risk of disruption, corruption, exploitation, or
dysfunction.
``(B) Additional research into high-risk critical
domains.--Based on the identification and risk analysis of
United States critical domains for economic security pursuant
to paragraph (1) and subparagraph (A) of this paragraph,
respectively, the Secretary may conduct additional research
into those critical domains, or specific elements thereof, with
respect to which there exists the highest degree of a present
or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such a
domain. For each such high-risk domain, or element thereof,
such research shall--
``(i) describe the underlying infrastructure and
processes;
``(ii) analyze present and projected performance of
industries that comprise or support such domain;
``(iii) examine the extent to which the supply chain of
a product or service necessary to such domain is
concentrated, either through a small number of sources, or
if multiple sources are concentrated in one geographic
area;
``(iv) examine the extent to which the demand for
supplies of goods and services of such industries can be
fulfilled by present and projected performance of other
industries, identify strategies, plans, and potential
barriers to expand the supplier industrial base, and
identify the barriers to the participation of such other
industries;
``(v) consider each such domain's performance
capacities in stable economic environments, adversarial
supply conditions, and under crisis economic constraints;
``(vi) identify and define needs and requirements to
establish supply resiliency within each such domain; and
``(vii) consider the effects of sector consolidation,
including foreign consolidation, either through mergers or
acquisitions, or due to recent geographic realignment, on
such industries' performances.
``(3) Consultation.--In conducting the research under paragraph
(1) and subparagraph (B) of paragraph (2), the Secretary may
consult with appropriate Federal agencies, State agencies, and
private sector stakeholders.
``(4) Publication.--Beginning one year after the date of the
enactment of this section, the Secretary shall publish a report
containing information relating to the research under paragraph (1)
and subparagraph (B) of paragraph (2), including findings,
evidence, analysis, and recommendations. Such report shall be
updated annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after the
publication of each report required under paragraph (4) of subsection
(a), the Secretary shall transmit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate each such report, together with
a description of actions the Secretary, in consultation with
appropriate Federal agencies, will undertake or has undertaken in
response to each such report.
``(c) Definitions.--In this section:
``(1) United states critical domains for economic security.--
The term `United States critical domains for economic security'
means the critical infrastructure and other associated industries,
technologies, and intellectual property, or any combination
thereof, that are essential to the economic security of the United
States.
``(2) Economic security.--The term `economic security' means
the condition of having secure and resilient domestic production
capacity, combined with reliable access to the global resources
necessary to maintain an acceptable standard of living and to
protect core national values.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 for each of fiscal years 2022 through 2026 to
carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is further amended by inserting after
the item relating to section 890A the following new item:
``Sec. 890B. Homeland security critical domain research and
development.''.
SEC. 6410. CBP DONATIONS ACCEPTANCE PROGRAM REAUTHORIZATION.
Section 482 of the Homeland Security Act of 2002 (6 U.S.C. 301a) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``or -leased''
before ``land''; and
(ii) in subparagraph (C)--
(I) in the matter preceding clause (i), by
inserting ``or -leased'' before ``land'';
(II) in clause (i), by striking ``$50,000,000'' and
inserting ``$75,000,000''; and
(III) by amending clause (ii) to read as follows:
``(ii) the fair market value of donations with respect
to the land port of entry total $75,000,000 or less over
the preceding five years.''; and
(B) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or -leased'' before ``land'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Administrator of the General Services Administration'' and
inserting ``Administrator of General Services'';
(B) in paragraph (1)(C)--
(i) in clause (i), by striking ``$50,000,000'' and
inserting ``$75,000,000''; and
(ii) by amending clause (ii) to read as follows:
``(ii) the fair market value of donations with respect
to the land port of entry total $75,000,000 or less over
the preceding five years.''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by striking ``terminate'' and
all that follows through the period at the end and
inserting ``terminate on December 31, 2026.''; and
(ii) in subparagraph (B), by striking ``carrying out
the terms of an agreement under this subsection if such
agreement is entered into before such termination date''
and inserting ``a proposal accepted for consideration by
U.S. Customs and Border Protection or the General Services
Administration pursuant to this section or a prior pilot
program prior to such termination date'';
(3) in subsection (c)(6)(B), by striking ``the donation will
not be used for the construction of a detention facility or a
border fence or wall.'' and inserting the following:
``(i) the donation will not be used for the
construction of a detention facility or a border fence or
wall; and
``(ii) the donor will be notified in the Donations
Acceptance Agreement that the donor shall be financially
responsible for all costs and operating expenses related to
the operation, maintenance, and repair of the donated real
property until such time as U.S. Customs and Border
Protection provides the donor written notice otherwise.'';
(4) in subsection (d), in the matter preceding paragraph (1),
by striking ``annual'' and inserting ``biennial''; and
(5) in subsection (e), by striking ``Administrator of the
General Services Administration'' and inserting ``Administrator of
General Services''.
Subtitle B--Transportation Security
SEC. 6411. SURVEY OF THE TRANSPORTATION SECURITY ADMINISTRATION
WORKFORCE REGARDING COVID-19 RESPONSE.
(a) Survey.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration (referred to in this section as the ``Administrator''),
in consultation with the labor organization certified as the exclusive
representative of full- and part-time nonsupervisory Administration
personnel carrying out screening functions under section 44901 of title
49, United States Code, shall conduct a survey of the Transportation
Security Administration (referred to in this section as the
``Administration'') workforce regarding the Administration's response
to the COVID-19 pandemic. Such survey shall be conducted in a manner
that allows for the greatest practicable level of workforce
participation.
(b) Contents.--In conducting the survey required under subsection
(a), the Administrator shall solicit feedback on the following:
(1) The Administration's communication and collaboration with
the Administration's workforce regarding the Administration's
response to the COVID-19 pandemic and efforts to mitigate and
monitor transmission of COVID-19 among its workforce, including
through--
(A) providing employees with personal protective equipment
and mandating its use;
(B) modifying screening procedures and Administration
operations to reduce transmission among officers and passengers
and ensuring compliance with such changes;
(C) adjusting policies regarding scheduling, leave, and
telework;
(D) outreach as a part of contact tracing when an employee
has tested positive for COVID-19; and
(E) encouraging COVID-19 vaccinations and efforts to assist
employees that seek to be vaccinated such as communicating the
availability of duty time for travel to vaccination sites and
recovery from vaccine side effects.
(2) Any other topic determined appropriate by the
Administrator.
(c) Report.--Not later than 30 days after completing the survey
required under subsection (a), the Administration shall provide a
report summarizing the results of the survey to the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 6412. TRANSPORTATION SECURITY PREPAREDNESS PLAN.
(a) Plan Required.--Section 114 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(x) Transportation Security Preparedness Plan.--
``(1) In general.--Not later than two years after the date of
the enactment of this subsection, the Secretary of Homeland
Security, acting through the Administrator, in coordination with
the Chief Medical Officer of the Department of Homeland Security,
and in consultation with the partners identified under paragraphs
(3)(A)(i) through (3)(A)(iv), shall develop a transportation
security preparedness plan to address the event of a communicable
disease outbreak. The Secretary, acting through the Administrator,
shall ensure such plan aligns with relevant Federal plans and
strategies for communicable disease outbreaks.
``(2) Considerations.--In developing the plan required under
paragraph (1), the Secretary, acting through the Administrator,
shall consider each of the following:
``(A) The findings of the survey required under section
6411 of the National Defense Authorization Act for Fiscal Year
2022.
``(B) The findings of the analysis required under section
6414 of the National Defense Authorization Act for Fiscal Year
2022.
``(C) The plan required under section 6415 of the National
Defense Authorization Act for Fiscal Year 2022.
``(D) All relevant reports and recommendations regarding
the Administration's response to the COVID-19 pandemic,
including any reports and recommendations issued by the
Comptroller General and the Inspector General of the Department
of Homeland Security.
``(E) Lessons learned from Federal interagency efforts
during the COVID-19 pandemic.
``(3) Contents of plan.--The plan developed under paragraph (1)
shall include each of the following:
``(A) Plans for communicating and collaborating in the
event of a communicable disease outbreak with the following
partners:
``(i) Appropriate Federal departments and agencies,
including the Department of Health and Human Services, the
Centers for Disease Control and Prevention, the Department
of Transportation, the Department of Labor, and appropriate
interagency task forces.
``(ii) The workforce of the Administration, including
through the labor organization certified as the exclusive
representative of full- and part-time non-supervisory
Administration personnel carrying out screening functions
under section 44901 of this title.
``(iii) International partners, including the
International Civil Aviation Organization and foreign
governments, airports, and air carriers.
``(iv) Public and private stakeholders, as such term is
defined under subsection (t)(1)(C).
``(v) The traveling public.
``(B) Plans for protecting the safety of the Transportation
Security Administration workforce, including--
``(i) reducing the risk of communicable disease
transmission at screening checkpoints and within the
Administration's workforce related to the Administration's
transportation security operations and mission;
``(ii) ensuring the safety and hygiene of screening
checkpoints and other workstations;
``(iii) supporting equitable and appropriate access to
relevant vaccines, prescriptions, and other medical care;
and
``(iv) tracking rates of employee illness, recovery,
and death.
``(C) Criteria for determining the conditions that may
warrant the integration of additional actions in the aviation
screening system in response to the communicable disease
outbreak and a range of potential roles and responsibilities
that align with such conditions.
``(D) Contingency plans for temporarily adjusting
checkpoint operations to provide for passenger and employee
safety while maintaining security during the communicable
disease outbreak.
``(E) Provisions setting forth criteria for establishing an
interagency task force or other standing engagement platform
with other appropriate Federal departments and agencies,
including the Department of Health and Human Services and the
Department of Transportation, to address such communicable
disease outbreak.
``(F) A description of scenarios in which the Administrator
should consider exercising authorities provided under
subsection (g) and for what purposes.
``(G) Considerations for assessing the appropriateness of
issuing security directives and emergency amendments to
regulated parties in various modes of transportation, including
surface transportation, and plans for ensuring compliance with
such measures.
``(H) A description of any potential obstacles, including
funding constraints and limitations to authorities, that could
restrict the ability of the Administration to respond
appropriately to a communicable disease outbreak.
``(4) Dissemination.--Upon development of the plan required
under paragraph (1), the Administrator shall disseminate the plan
to the partners identified under paragraph (3)(A) and to the
Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate.
``(5) Review of plan.--Not later than two years after the date
on which the plan is disseminated under paragraph (4), and
biennially thereafter, the Secretary, acting through the
Administrator and in coordination with the Chief Medical Officer of
the Department of Homeland Security, shall review the plan and,
after consultation with the partners identified under paragraphs
(3)(A)(i) through (3)(A)(iv), update the plan as appropriate.''.
(b) Comptroller General Report.--Not later than one year after the
date on which the transportation security preparedness plan required
under subsection (x) of section 114 of title 49, United States Code, as
added by subsection (a), is disseminated under paragraph (4) of such
subsection (x), the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results of a study
assessing the transportation security preparedness plan, including an
analysis of--
(1) whether such plan aligns with relevant Federal plans and
strategies for communicable disease outbreaks; and
(2) the extent to which the Transportation Security
Administration is prepared to implement the plan.
SEC. 6413. AUTHORIZATION OF TRANSPORTATION SECURITY ADMINISTRATION
PERSONNEL DETAILS.
(a) Coordination.--Pursuant to sections 106(m) and 114(m) of title
49, United States Code, the Administrator of the Transportation
Security Administration may provide Transportation Security
Administration personnel, who are not engaged in front line
transportation security efforts, to other components of the Department
and other Federal agencies to improve coordination with such components
and agencies to prepare for, protect against, and respond to public
health threats to the transportation security system of the United
States.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall brief the appropriate
congressional committees regarding efforts to improve coordination with
other components of the Department of Homeland Security and other
Federal agencies to prepare for, protect against, and respond to public
health threats to the transportation security system of the United
States.
SEC. 6414. TRANSPORTATION SECURITY ADMINISTRATION PREPAREDNESS.
(a) Analysis.--
(1) In general.--The Administrator of the Transportation
Security Administration shall conduct an analysis of preparedness
of the transportation security system of the United States for
public health threats. Such analysis shall assess, at a minimum,
the following:
(A) The risks of public health threats to the
transportation security system of the United States, including
to transportation hubs, transportation security stakeholders,
Transportation Security Administration (TSA) personnel, and
passengers.
(B) Information sharing challenges among relevant
components of the Department of Homeland Security, other
Federal agencies, international entities, and transportation
security stakeholders.
(C) Impacts to TSA policies and procedures for securing the
transportation security system.
(2) Coordination.--The analysis conducted of the risks
described in paragraph (1)(A) shall be conducted in coordination
with the Chief Medical Officer of the Department of Homeland
Security, the Secretary of Health and Human Services, and
transportation security stakeholders.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall brief the appropriate
congressional committees on the following:
(1) The analysis required under subsection (a).
(2) Technologies necessary to combat public health threats at
security screening checkpoints, such as testing and screening
technologies, including temperature screenings, to better protect
from future public health threats TSA personnel, passengers,
aviation workers, and other personnel authorized to access the
sterile area of an airport through such checkpoints, and the
estimated cost of technology investments needed to fully implement
across the aviation system solutions to such threats.
(3) Policies and procedures implemented by TSA and
transportation security stakeholders to protect from public health
threats TSA personnel, passengers, aviation workers, and other
personnel authorized to access the sterile area through the
security screening checkpoints, as well as future plans for
additional measures relating to such protection.
(4) The role of TSA in establishing priorities, developing
solutions, and coordinating and sharing information with relevant
domestic and international entities during a public health threat
to the transportation security system, and how TSA can improve its
leadership role in such areas.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``sterile area'' has the meaning given such term
in section 1540.5 of title 49, Code of Federal Regulations.
(3) The term ``TSA'' means the Transportation Security
Administration.
SEC. 6415. PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT PASSENGER
SCREENING CHECKPOINTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator, in coordination with the
Chief Medical Officer of the Department of Homeland Security, and in
consultation with the Secretary of Health and Human Services and the
Director of the Centers for Disease Control and Prevention, shall issue
and commence implementing a plan to enhance, as appropriate, security
operations at airports during the COVID-19 national emergency in order
to reduce risk of the spread of the coronavirus at passenger screening
checkpoints and among the TSA workforce.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) An identification of best practices developed and screening
technologies deployed in response to the coronavirus among foreign
governments, airports, and air carriers conducting aviation
security screening operations, as well as among Federal agencies
conducting similar security screening operations outside of
airports, including in locations where the spread of the
coronavirus has been successfully contained, that could be further
integrated into the United States aviation security system.
(2) Specific operational changes to aviation security screening
operations informed by the identification of best practices and
screening technologies under paragraph (1) that could be
implemented without degrading aviation security and a corresponding
timeline and costs for implementing such changes.
(c) Considerations.--In carrying out the identification of best
practices under subsection (b), the Administrator shall take into
consideration the following:
(1) Aviation security screening procedures and practices in
place at security screening locations, including procedures and
practices implemented in response to the coronavirus.
(2) Volume and average wait times at each such security
screening location.
(3) Public health measures already in place at each such
security screening location.
(4) The feasibility and effectiveness of implementing similar
procedures and practices in locations where such are not already in
place.
(5) The feasibility and potential benefits to security, public
health, and travel facilitation of continuing any procedures and
practices implemented in response to the COVID-19 national
emergency beyond the end of such emergency.
(d) Consultation.--In developing the plan required under subsection
(a), the Administrator may consult with public and private stakeholders
and the TSA workforce, including through the labor organization
certified as the exclusive representative of full- and part-time
nonsupervisory TSA personnel carrying out screening functions under
section 44901 of title 49, United States Code.
(e) Submission.--Upon issuance of the plan required under
subsection (a), the Administrator shall submit the plan to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
(f) Issuance and Implementation.--The Administrator shall not be
required to issue or implement, as the case may be, the plan required
under subsection (a) upon the termination of the COVID-19 national
emergency except to the extent the Administrator determines such
issuance or implementation, as the case may be, to be feasible and
beneficial to security screening operations.
(g) GAO Review.--Not later than one year after the issuance of the
plan required under subsection (a) (if such plan is issued in
accordance with subsection (f)), the Comptroller General of the United
States shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a review, if appropriate, of such plan and
any efforts to implement such plan.
(h) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of the
Transportation Security Administration.
(2) The term ``coronavirus'' has the meaning given such term in
section 506 of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123).
(3) The term ``COVID-19 national emergency'' means the national
emergency declared by the President under the National Emergencies
Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the
coronavirus.
(4) The term ``public and private stakeholders'' has the
meaning given such term in section 114(t)(1)(C) of title 49, United
States Code.
(5) The term ``TSA'' means the Transportation Security
Administration.
SEC. 6416. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF HOMELAND
SECURITY TRUSTED TRAVELER PROGRAMS.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
review of Department of Homeland Security trusted traveler programs.
Such review shall examine the following:
(1) The extent to which the Department of Homeland Security
tracks data and monitors trends related to trusted traveler
programs, including root causes for identity-matching errors
resulting in an individual's enrollment in a trusted traveler
program being reinstated.
(2) Whether the Department coordinates with the heads of other
relevant Federal, State, local, Tribal, or territorial entities
regarding redress procedures for disqualifying offenses not covered
by the Department's own redress processes but which offenses impact
an individual's enrollment in a trusted traveler program.
(3) How the Department may improve individuals' access to
reconsideration procedures regarding a disqualifying offense for
enrollment in a trusted traveler program that requires the
involvement of any other Federal, State, local, Tribal, or
territorial entity.
(4) The extent to which travelers are informed about
reconsideration procedures regarding enrollment in a trusted
traveler program.
SEC. 6417. ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT OF HOMELAND
SECURITY TRUSTED TRAVELER PROGRAMS.
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall, with respect to an individual whose enrollment
in a trusted traveler program was revoked in error extend by an amount
of time equal to the period of revocation the period of active
enrollment in such a program upon reenrollment in such a program by
such an individual.
SEC. 6418. THREAT INFORMATION SHARING.
(a) Prioritization.--The Secretary of Homeland Security shall
prioritize the assignment of officers and intelligence analysts under
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from
the Transportation Security Administration and, as appropriate, from
the Office of Intelligence and Analysis of the Department of Homeland
Security, to locations with participating State, local, and regional
fusion centers in jurisdictions with a high-risk surface transportation
asset in order to enhance the security of such assets, including by
improving timely sharing, in a manner consistent with the protection of
privacy rights, civil rights, and civil liberties, of information
regarding threats of terrorism and other threats, including targeted
violence.
(b) Intelligence Products.--Officers and intelligence analysts
assigned to locations with participating State, local, and regional
fusion centers under this section shall participate in the generation
and dissemination of transportation security intelligence products,
with an emphasis on such products that relate to threats of terrorism
and other threats, including targeted violence, to surface
transportation assets that--
(1) assist State, local, and Tribal law enforcement agencies in
deploying their resources, including personnel, most efficiently to
help detect, prevent, investigate, apprehend, and respond to such
threats;
(2) promote more consistent and timely sharing with and among
jurisdictions of threat information; and
(3) enhance the Department of Homeland Security's situational
awareness of such threats.
(c) Clearances.--The Secretary of Homeland Security shall make
available to appropriate owners and operators of surface transportation
assets, and to any other person that the Secretary determines
appropriate to foster greater sharing of classified information
relating to threats of terrorism and other threats, including targeted
violence, to surface transportation assets, the process of application
for security clearances under Executive Order No. 13549 (75 Fed. Reg.
162; relating to a classified national security information program) or
any successor Executive order.
(d) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that includes a detailed description of
the measures used to ensure privacy rights, civil rights, and civil
liberties protections in carrying out this section.
(e) GAO Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a review of the implementation of this section,
including an assessment of the measures used to ensure privacy rights,
civil rights, and civil liberties protections, and any recommendations
to improve this implementation, together with any recommendations to
improve information sharing with State, local, Tribal, territorial, and
private sector entities to prevent, identify, and respond to threats of
terrorism and other threats, including targeted violence, to surface
transportation assets.
(f) Definitions.--In this section:
(1) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide transportation
services by--
(A) a public transportation agency (as such term is defined
in section 1402(5) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1131(5)));
(B) a railroad carrier (as such term is defined in section
20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-route
transportation services by over-the-road bus (as such term
is defined in section 1501(4) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems,
as determined by the Secretary.
(2) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in order
to inflict mass injury or death with no discernable political or
ideological motivation beyond mass injury or death.
(3) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in section
2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is defined in
section 2331(1) of title 18, United States Code).
SEC. 6419. LOCAL LAW ENFORCEMENT SECURITY TRAINING.
(a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may in a
manner consistent with the protection of privacy rights, civil rights,
and civil liberties, develop, through the Federal Law Enforcement
Training Centers, a training program to enhance the protection,
preparedness, and response capabilities of law enforcement agencies
with respect to threats of terrorism and other threats, including
targeted violence, at a surface transportation asset.
(b) Requirements.--If the Secretary of Homeland Security develops
the training program described in subsection (a), such training program
shall--
(1) be informed by current information regarding tactics used
by terrorists and others engaging in targeted violence;
(2) include tactical instruction tailored to the diverse nature
of the surface transportation asset operational environment; and
(3) prioritize training officers from law enforcement agencies
that are eligible for or receive grants under sections 2003 or 2004
of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and
officers employed by railroad carriers that operate passenger
service, including interstate passenger service.
(c) Report.--If the Secretary of Homeland Security develops the
training program described in subsection (a), not later than one year
after the date on which the Secretary first implements the program, and
annually thereafter during each year the Secretary carries out the
program, the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
program. Each such report shall include, for the year covered by the
report--
(1) a description of the curriculum for the training and any
changes to such curriculum;
(2) an identification of any contracts entered into for the
development or provision of training under the program;
(3) information on the law enforcement agencies the personnel
of which received the training, and for each such agency, the
number of participants; and
(4) a description of the measures used to ensure the program
was carried out to provide for protections of privacy rights, civil
rights, and civil liberties.
(d) Definitions.--In this section:
(1) The term ``public and private sector stakeholders'' has the
meaning given such term in section 114(t)(1)(c) of title 49, United
States Code.
(2) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide transportation
services by--
(A) a public transportation agency (as such term is defined
in section 1402(5) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1131(5)));
(B) a railroad carrier (as such term is defined in section
20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-route
transportation services by over-the-road bus (as such term
is defined in section 1501(4) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems,
as determined by the Secretary.
(3) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in order
to inflict mass injury or death with no discernable political or
ideological motivation beyond mass injury or death.
(4) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in section
2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is defined in
section 2331(1) of title 18, United States Code).
SEC. 6420. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Subparagraph (A) of section 1406(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135(b)(2); Public Law 110-53) is amended by inserting ``and associated
backfill'' after ``security training''.
SEC. 6421. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Section 1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is amended--
(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following new
subsection:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2), funds
provided pursuant to a grant awarded under this section for a use
specified in subsection (b) shall remain available for use by a
grant recipient for a period of not fewer than 36 months.
``(2) Exception.--Funds provided pursuant to a grant awarded
under this section for a use specified in subparagraph (M) or (N)
of subsection (b)(1) shall remain available for use by a grant
recipient for a period of not fewer than 48 months.''.
SEC. 6422. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE
GRANT PROGRAM.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the public transportation security assistance grant
program under section 1406 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53).
(b) Scope.--The review required under paragraph (1) shall include
the following:
(1) An assessment of the type of projects funded under the
public transportation security grant program referred to in such
paragraph.
(2) An assessment of the manner in which such projects address
threats to public transportation infrastructure.
(3) An assessment of the impact, if any, of sections 5342
through 5345 (including the amendments made by this Act) on types
of projects funded under the public transportation security
assistance grant program.
(4) An assessment of the management and administration of
public transportation security assistance grant program funds by
grantees.
(5) Recommendations to improve the manner in which public
transportation security assistance grant program funds address
vulnerabilities in public transportation infrastructure.
(6) Recommendations to improve the management and
administration of the public transportation security assistance
grant program.
(c) Report.--Not later than one year after the date of the
enactment of this Act and again not later than five years after such
date of enactment, the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the review required under this
section.
SEC. 6423. SENSITIVE SECURITY INFORMATION; AVIATION SECURITY.
(a) Sensitive Security Information.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Transportation
Security Administration (TSA) shall--
(A) ensure clear and consistent designation of ``Sensitive
Security Information'', including reasonable security
justifications for such designation;
(B) develop and implement a schedule to regularly review
and update, as necessary, TSA Sensitive Security Information
identification guidelines;
(C) develop a tracking mechanism for all Sensitive Security
Information redaction and designation challenges;
(D) document justifications for changes in position
regarding Sensitive Security Information redactions and
designations, and make such changes accessible to TSA personnel
for use with relevant stakeholders, including air carriers,
airport operators, surface transportation operators, and State
and local law enforcement, as necessary; and
(E) ensure that TSA personnel are adequately trained on
appropriate designation policies.
(2) Stakeholder outreach.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall conduct outreach
to relevant stakeholders described in paragraph (1)(D) that
regularly are granted access to Sensitive Security Information to
raise awareness of the TSA's policies and guidelines governing the
designation and use of Sensitive Security Information.
(b) Aviation Security.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Administrator of the Transportation
Security Administration shall develop and implement guidelines with
respect to domestic and last point of departure airports to--
(A) ensure the inclusion, as appropriate, of air carriers,
domestic airport operators, and other transportation security
stakeholders in the development and implementation of security
directives and emergency amendments;
(B) document input provided by air carriers, domestic
airport operators, and other transportation security
stakeholders during the security directive and emergency
amendment, development, and implementation processes;
(C) define a process, including timeframes, and with the
inclusion of feedback from air carriers, domestic airport
operators, and other transportation security stakeholders, for
cancelling or incorporating security directives and emergency
amendments into security programs;
(D) conduct engagement with foreign partners on the
implementation of security directives and emergency amendments,
as appropriate, including recognition if existing security
measures at a last point of departure airport are found to
provide commensurate security as intended by potential new
security directives and emergency amendments; and
(E) ensure that new security directives and emergency
amendments are focused on defined security outcomes.
(2) Briefing to congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall brief the Committee on
Homeland Security of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on the
guidelines described in paragraph (1).
(3) Decisions not subject to judicial review.--Notwithstanding
any other provision of law, any action of the Administrator of the
Transportation Security Administration under paragraph (1) is not
subject to judicial review.
TITLE LXV--OTHER MATTERS RELATING TO FOREIGN AFFAIRS
Sec. 6501. Authorization for United States Participation in the
Coalition for Epidemic Preparedness Innovations.
Sec. 6502. Required notification and reports related to Peacekeeping
Operations account.
Sec. 6503. Transnational Repression Accountability and Prevention.
Sec. 6504. Human rights awareness for American athletic delegations.
Sec. 6505. Cooperation between the United States and Ukraine regarding
the titanium industry.
Sec. 6506. Updates to the National Strategy for Combating Terrorist and
Other Illicit Financing.
Sec. 6507. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6508. Annual report on United States policy toward South Sudan.
Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6510. Supporting democracy in Burma.
Sec. 6511. United States Grand Strategy with respect to China.
SEC. 6501. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN THE
COALITION FOR EPIDEMIC PREPAREDNESS INNOVATIONS.
(a) In General.--The United States is authorized to participate in
the Coalition for Epidemic Preparedness Innovations (referred to in
this section as ``CEPI'').
(b) Investors Council and Board of Directors.--
(1) Initial designation.--The President shall designate an
employee of the United States Agency for International Development
to serve on the Investors Council and, if nominated, on the Board
of Directors of CEPI, as a representative of the United States
during the period beginning on the date of such designation and
ending on September 30, 2022.
(2) Ongoing designations.--The President may designate an
employee of the relevant Federal department or agency with
fiduciary responsibility for United States contributions to CEPI to
serve on the Investors Council and, if nominated, on the Board of
Directors of CEPI, as a representative of the United States.
(3) Qualifications.--Any employee designated pursuant to
paragraph (1) or (2) shall have demonstrated knowledge and
experience in the field of development and, if designated from a
Federal department or agency with primary fiduciary responsibility
for United States contributions pursuant to paragraph (2), in the
field of public health, epidemiology, or medicine.
(4) Coordination.--In carrying out the responsibilities under
this section, any employee designated pursuant to paragraph (1) or
(2) shall coordinate with the Secretary of Health and Human
Services to promote alignment, as appropriate, between CEPI and the
strategic objectives and activities of the Secretary of Health and
Human Services with respect to the research, development, and
procurement of medical countermeasures, consistent with titles III
and XXVIII of the Public Health Service Act (42 U.S.C. 241 et seq.
and 300hh et seq.).
(c) Consultation.--Not later than 60 days after the date of the
enactment of this Act, the employee designated pursuant to subsection
(b)(1) shall consult with the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Foreign Affairs,
the Committee on Appropriations, and the Committee on Energy and
Commerce of the House of Representatives regarding--
(1) the manner and extent to which the United States plans to
participate in CEPI, including through the governance of CEPI;
(2) any planned financial contributions from the United States
to CEPI; and
(3) how participation in CEPI is expected to support--
(A) the applicable revision of the National Biodefense
Strategy required under section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
(B) any other relevant programs relating to global health
security and biodefense.
SEC. 6502. REQUIRED NOTIFICATION AND REPORTS RELATED TO PEACEKEEPING
OPERATIONS ACCOUNT.
(a) Congressional Notification.--Not later than 15 days prior to
the obligation of amounts made available to provide assistance pursuant
to section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348),
the Secretary of State shall submit to the appropriate congressional
committees a notification, in accordance with the applicable procedures
under section 634A of such Act (22 U.S.C. 2394-1), that includes, with
respect to such assistance, the following:
(1) An itemized identification of each foreign country or
entity the capabilities of which the assistance is intended to
support.
(2) An identification of the amount, type, and purpose of
assistance to be provided to each such country or entity.
(3) An assessment of the capacity of each such country or
entity to effectively implement, benefit from, or use the
assistance to be provided for the intended purpose identified under
paragraph (2).
(4) A description of plans to encourage and monitor adherence
to international human rights and humanitarian law by the foreign
country or entity receiving the assistance.
(5) An identification of any implementers, including third
party contractors or other such entities, and the anticipated
timeline for implementing any activities to carry out the
assistance.
(6) As applicable, a description of plans to sustain and
account for any military or security equipment and subsistence
funds provided as an element of the assistance beyond the date of
completion of such activities, including the estimated cost and
source of funds to support such sustainment.
(7) An assessment of how such activities promote the following:
(A) The diplomatic and national security objectives of the
United States.
(B) The objectives and regional strategy of the country or
entity receiving the assistance.
(C) The priorities of the United States regarding the
promotion of good governance, rule of law, the protection of
civilians, and human rights.
(D) The peacekeeping capabilities of partner countries of
the country or entity receiving the assistance, including an
explanation if such activities do not support peacekeeping.
(8) An assessment of the possible impact of such activities on
local political and social dynamics, including a description of any
consultations with local civil society.
(b) Reports on Programs Under Peacekeeping Operations Account.--
(1) Annual report.--Not later than 90 days after the enactment
of this Act, and annually thereafter for 5 years, the Secretary of
State shall submit to the appropriate congressional committees a
report on any security assistance made available, during the three
fiscal years preceding the date on which the report is submitted,
to foreign countries that received assistance authorized under
section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348)
for any of the following purposes:
(A) Building the capacity of the foreign military, border
security, or law enforcement entities, of the country.
(B) Strengthening the rule of law of the country.
(C) Countering violent extremist ideology or recruitment
within the country.
(2) Matters.--Each report under paragraph (1) shall include,
with respect to each foreign country that has received assistance
as specified in such paragraph, the following:
(A) An identification of the authority used to provide such
assistance and a detailed description of the purpose of
assistance provided.
(B) An identification of the amount of such assistance and
the program under which such assistance was provided.
(C) A description of the arrangements to sustain any
equipment provided to the country as an element of such
assistance beyond the date of completion of the assistance,
including the estimated cost and source of funds to support
such sustainment.
(D) An assessment of the impact of such assistance on the
peacekeeping capabilities and security situation of the
country, including with respect to the levels of conflict and
violence, the local, political, and social dynamics, and the
human rights record, of the country.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives; and
(2) the Committees on Appropriations of the Senate and of the
House of Representatives.
SEC. 6503. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION.
(a) Sense of Congress.--It is the sense of Congress that some
INTERPOL member countries have repeatedly misused INTERPOL's databases
and processes, including Notice and Diffusion mechanisms, to conduct
activities of an overtly political or other unlawful character and in
violation of international human rights standards, including by making
requests to harass or persecute political opponents, human rights
defenders, or journalists.
(b) Support for INTERPOL Institutional Reforms.--The Attorney
General and the Secretary of State shall--
(1) use the voice, vote, and influence of the United States, as
appropriate, within INTERPOL's General Assembly and Executive
Committee to promote reforms aimed at improving the transparency of
INTERPOL and ensuring its operation consistent with its
Constitution, particularly articles 2 and 3, and Rules on the
Processing of Data, including--
(A) supporting INTERPOL's reforms enhancing the screening
process for Notices, Diffusions, and other INTERPOL
communications to ensure they comply with INTERPOL's
Constitution and Rules on the Processing of Data (RPD);
(B) supporting and strengthening INTERPOL's coordination
with the Commission for Control of INTERPOL's Files (CCF) in
cases in which INTERPOL or the CCF has determined that a member
country issued a Notice, Diffusion, or other INTERPOL
communication against an individual in violation of articles 2
or 3 of the INTERPOL Constitution, or the RPD, to prohibit such
member country from seeking the publication or issuance of any
subsequent Notices, Diffusions, or other INTERPOL communication
against the same individual based on the same set of claims or
facts;
(C) increasing, to the extent practicable, dedicated
funding to the CCF and the Notices and Diffusions Task Force in
order to further expand operations related to the review of
requests for red notices and red diffusions;
(D) supporting candidates for positions within INTERPOL's
structures, including the Presidency, Executive Committee,
General Secretariat, and CCF who have demonstrated experience
relating to and respect for the rule of law;
(E) seeking to require INTERPOL in its annual report to
provide a detailed account, disaggregated by member country or
entity of--
(i) the number of Notice requests, disaggregated by
color, that it received;
(ii) the number of Notice requests, disaggregated by
color, that it rejected;
(iii) the category of violation identified in each
instance of a rejected Notice;
(iv) the number of Diffusions that it cancelled without
reference to decisions by the CCF; and
(v) the sources of all INTERPOL income during the
reporting period; and
(F) supporting greater transparency by the CCF in its
annual report by providing a detailed account, disaggregated by
country, of--
(i) the number of admissible requests for correction or
deletion of data received by the CCF regarding issued
Notices, Diffusions, and other INTERPOL communications; and
(ii) the category of violation alleged in each such
complaint;
(2) inform the INTERPOL General Secretariat about incidents in
which member countries abuse INTERPOL communications for
politically motivated or other unlawful purposes so that, as
appropriate, action can be taken by INTERPOL; and
(3) request to censure member countries that repeatedly abuse
and misuse INTERPOL's red notice and red diffusion mechanisms,
including restricting the access of those countries to INTERPOL's
data and information systems.
(c) Report on INTERPOL.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and biannually thereafter for a period of 4
years, the Attorney General and the Secretary of State, in
consultation with the heads of other relevant United States
Government departments or agencies, shall submit to the appropriate
committees of Congress a report containing an assessment of how
INTERPOL member countries abuse INTERPOL Red Notices, Diffusions,
and other INTERPOL communications for political motives and other
unlawful purposes within the past three years.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A list of countries that the Attorney General and the
Secretary determine have repeatedly abused and misused the red
notice and red diffusion mechanisms for political purposes.
(B) A description of the most common tactics employed by
member countries in conducting such abuse, including the crimes
most commonly alleged and the INTERPOL communications most
commonly exploited.
(C) An assessment of the adequacy of INTERPOL mechanisms
for challenging abusive requests, including the Commission for
the Control of INTERPOL's Files (CCF), an assessment of the
CCF's March 2017 Operating Rules, and any shortcoming the
United States believes should be addressed.
(D) A description of how INTERPOL's General Secretariat
identifies requests for red notice or red diffusions that are
politically motivated or are otherwise in violation of
INTERPOL's rules and how INTERPOL reviews and addresses cases
in which a member country has abused or misused the red notice
and red diffusion mechanisms for overtly political purposes.
(E) A description of any incidents in which the Department
of Justice assesses that United States courts and executive
departments or agencies have relied on INTERPOL communications
in contravention of existing law or policy to seek the
detention of individuals or render judgments concerning their
immigration status or requests for asylum, with holding of
removal, or convention against torture claims and any measures
the Department of Justice or other executive departments or
agencies took in response to these incidents.
(F) A description of how the United States monitors and
responds to likely instances of abuse of INTERPOL
communications by member countries that could affect the
interests of the United States, including citizens and
nationals of the United States, employees of the United States
Government, aliens lawfully admitted for permanent residence in
the United States, aliens who are lawfully present in the
United States, or aliens with pending asylum, withholding of
removal, or convention against torture claims, though they may
be unlawfully present in the United States.
(G) A description of what actions the United States takes
in response to credible information it receives concerning
likely abuse of INTERPOL communications targeting employees of
the United States Government for activities they undertook in
an official capacity.
(H) A description of United States advocacy for reform and
good governance within INTERPOL.
(I) A strategy for improving interagency coordination to
identify and address instances of INTERPOL abuse that affect
the interests of the United States, including international
respect for human rights and fundamental freedoms, citizens and
nationals of the United States, employees of the United States
Government, aliens lawfully admitted for permanent residence in
the United States, aliens who are lawfully present in the
United States, or aliens with pending asylum, withholding of
removal, or convention against torture claims, though they may
be unlawfully present in the United States.
(3) Form of report.--Each report required under this subsection
shall be submitted in unclassified form, but may include a
classified annex, as appropriate. The unclassified portion of the
report shall be posted on a publicly available website of the
Department of State and of the Department of Justice.
(4) Briefing.--Not later than 30 days after the submission of
each report under paragraph (1), the Department of Justice and the
Department of State, in coordination with other relevant United
States Government departments and agencies, shall brief the
appropriate committees of Congress on the content of the reports
and recent instances of INTERPOL abuse by member countries and
United States efforts to identify and challenge such abuse,
including efforts to promote reform and good governance within
INTERPOL.
(d) Prohibition Regarding Basis for Extradition.--No United States
Government department or agency may extradite an individual based
solely on an INTERPOL Red Notice or Diffusion issued by another
INTERPOL member country for such individual.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(2) INTERPOL communications.--The term ``INTERPOL
communications'' means any INTERPOL Notice or Diffusion or any
entry into any INTERPOL database or other communications system
maintained by INTERPOL.
SEC. 6504. HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC DELEGATIONS.
(a) Sense of Congress.--It is the sense of Congress that
individuals representing the United States at international athletic
competitions in foreign countries should have the opportunity to be
informed about human rights and security concerns in such countries and
how best to safeguard their personal security and privacy.
(b) In General.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall devise and
implement a strategy for disseminating briefing materials,
including information described in subsection (c), to individuals
representing the United States at international athletic
competitions in a covered country.
(2) Timing and form of materials.--
(A) In general.--The briefing materials referred to in
paragraph (1) shall be offered not later than 180 days prior to
the commencement of an international athletic competition in a
covered country.
(B) Form of delivery.--Briefing materials related to the
human rights record of covered countries may be delivered
electronically or disseminated in person, as appropriate.
(C) Special consideration.--Information briefing materials
related to personal security risks may be offered
electronically, in written format, by video teleconference, or
prerecorded video.
(3) Consultations.--In devising and implementing the strategy
required under paragraph (1), the Secretary of State shall consult
with the following:
(A) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations in the
Senate, not later than 90 days after the date of the enactment
of this Act.
(B) Leading human rights nongovernmental organizations and
relevant subject-matter experts in determining the content of
the briefings required under this subsection.
(C) The United States Olympic and Paralympic Committee and
the national governing bodies of amateur sports that play a
role in determining which individuals represent the United
States in international athletic competitions, regarding the
most appropriate and effective method to disseminate briefing
materials.
(c) Content of Briefings.--The briefing materials required under
subsection (b) shall include, with respect to a covered country hosting
an international athletic competition in which individuals may
represent the United States, the following:
(1) Information on the human rights concerns present in such
covered country, as described in the Department of State's Annual
Country Reports on Human Rights Practices.
(2) Information, as applicable, on risks such individuals may
face to their personal and digital privacy and security, and
recommended measures to safeguard against certain forms of foreign
intelligence targeting, as appropriate.
(d) Covered Country Defined.--In this section, the term ``covered
country'' means, with respect to a country hosting an international
athletic competition in which individuals representing the United
States may participate, any of the following:
(1) Any Communist country specified in subsection (f) of
section 620 of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(f)).
(2) Any country ranked as a Tier 3 country in the most recent
Department of State's annual Trafficking in Persons Report.
(3) Any other country the Secretary of State determines
presents serious human rights concerns for the purpose of informing
such individuals.
(4) Any country the Secretary of State, in consultation with
other cabinet officials as appropriate, determines presents a
serious counterintelligence risk.
SEC. 6505. COOPERATION BETWEEN THE UNITED STATES AND UKRAINE REGARDING
THE TITANIUM INDUSTRY.
(a) Statement of Policy.--It is the policy of the United States to
engage with the Government of Ukraine on cooperation in the titanium
industry as a potential alternative to Chinese and Russian sources on
which the United States and Europe currently depend.
(b) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that describes the
feasibility of utilizing titanium sources from Ukraine as a potential
alternative to Chinese and Russian sources.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives.
SEC. 6506. UPDATES TO THE NATIONAL STRATEGY FOR COMBATING TERRORIST AND
OTHER ILLICIT FINANCING.
The Countering Russian Influence in Europe and Eurasia Act of 2017
(22 U.S.C. 9501 et seq.) is amended--
(1) in section 261(b)(2)--
(A) by striking ``2020'' and inserting ``2024''; and
(B) by striking ``2022'' and inserting ``2026'';
(2) in section 262--
(A) in paragraph (1)--
(i) by striking ``in the documents entitled `2015
National Money Laundering Risk Assessment' and `2015
National Terrorist Financing Risk Assessment','' and
inserting ``in the documents entitled `2020 National
Strategy for Combating Terrorist and Other Illicit
Financing' and `2022 National Strategy for Combating
Terrorist and Other Illicit Financing'''; and
(ii) by striking ``the broader counter terrorism
strategy of the United States'' and inserting ``the broader
counter terrorism and national security strategies of the
United States'';
(B) in paragraph (6)--
(i) by striking ``Prevention of illicit finance'' and
inserting ``prevention, detection, and disruption of
illicit finance'';
(ii) by striking ``private financial sector'' and
inserting ``private sector, including financial and other
relevant industries,''; and
(iii) by striking ``with regard to the prevention and
detection of illicit finance'' and inserting ``with regard
to the prevention, detection, and disruption of illicit
finance''; and
(C) in paragraph (8), by striking ``such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime,''.
SEC. 6507. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR AL-ASSAD.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the estimated
net worth and known sources of income of Syrian President Bashar al-
Assad and his family members (including spouse, children, siblings, and
paternal and maternal cousins), including income from corrupt or
illicit activities and including assets, investments, other business
interests, and relevant beneficial ownership information.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary.
The unclassified portion of such report shall be made available on a
publicly available internet website of the Federal Government.
SEC. 6508. ANNUAL REPORT ON UNITED STATES POLICY TOWARD SOUTH SUDAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the signatories to the Revitalized Agreement on the
Resolution of the Conflict in the Republic of South Sudan, signed
on September 12, 2018, have delayed implementation, leading to
continued conflict and instability in South Sudan;
(2) despite years of fighting, 2 peace agreements, punitive
actions by the international community, and widespread suffering
among civilian populations, the leaders of South Sudan have failed
to build sustainable peace;
(3) the United Nations arms embargo on South Sudan, most
recently extended by 1 year to May 31, 2022, through United Nations
Security Council Resolution 2577 (2021), is necessary to stem the
illicit transfer and destabilizing accumulation and misuse of small
arms and light weapons in perpetuation of the conflict in South
Sudan;
(4) the United States should call on other member states of the
United Nations to redouble efforts to enforce the United Nations
arms embargo on South Sudan; and
(5) the United States, through the United States Mission to the
United Nations, should use its voice and vote in the United Nations
Security Council in favor of maintaining the United Nations arms
embargo on South Sudan until--
(A) the Revitalized Agreement on the Resolution of the
Conflict in the Republic of South Sudan is fully implemented;
or
(B) credible, fair, and transparent democratic elections
are held in South Sudan.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter for 5 years, the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development and the heads of
other Federal department and agencies as necessary, shall submit to
the appropriate congressional committees a report on United States
policy toward South Sudan, including the most recent approved
interagency strategy developed to address political, security, and
humanitarian issues prevalent in the country since it gained
independence from Sudan in July 2011.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the situation in South Sudan,
including the role of South Sudanese government officials in
intercommunal violence, corruption, and obstruction of the
peace process.
(B) An assessment of the status of the implementation of
the 2018 R-ARCSS and the ongoing peace processes.
(C) A detailed description of United States assistance and
other efforts to support peace processes in South Sudan,
including an assessment of the efficacy of stakeholder
engagement and United States assistance to advance
peacebuilding, conflict mitigation, and other related
activities.
(D) An assessment of the United Nations Mission in South
Sudan capacity and progress in fulfilling its mandate over the
last 3 fiscal years.
(E) A detailed description of United States funding for
emergency and non-emergency humanitarian and development
assistance to South Sudan, as well as support provided to
improve anti-corruption and fiscal transparency efforts in
South Sudan over the last 5 fiscal years.
(F) A summary of United States efforts to promote
accountability for human rights abuses and an assessment of
efforts by the Government of South Sudan and the African Union,
respectively, to hold responsible parties accountable.
(G) Analysis of the impact of domestic and international
sanctions on deterring and combating corruption, mitigating and
reducing conflict, and holding those responsible for human
rights abuses accountable.
(H) An assessment of the prospects for, and impediments to,
holding credible general elections.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form and posted to a website of the
Department of State, may include a classified annex, and shall be
accompanied by a briefing as determined necessary.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter for 2 years, the
Secretary of the Treasury, in consultation with the Secretary of State
and the heads of other Federal department and agencies as necessary,
shall brief the appropriate congressional committees on United States
efforts, including assistance provided by the Department of Treasury
and United States law enforcement and intelligence communities, to
detect and deter money laundering and counter illicit financial flows,
trafficking in persons, weapons, and other illicit goods, and the
financing of terrorists and armed groups. Such briefing shall be
provided in unclassified setting and may include a classified briefing
as determined necessary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, and the Committee on Appropriations of the Senate;
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 6509. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND ASEAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
heads of other Federal departments and agencies as appropriate, shall
develop and submit to the appropriate congressional committees a
comprehensive strategy for engagement with Southeast Asia and the
Association of Southeast Asian Nations (ASEAN).
(b) Matters To Be Included.--The strategy required by subsection
(a) shall include the following:
(1) A statement of enduring United States interests in
Southeast Asia and a description of efforts to bolster the
effectiveness of ASEAN.
(2) A description of efforts to--
(A) deepen and expand Southeast Asian alliances,
partnerships, and multilateral engagements, including efforts
to expand broad based and inclusive economic growth, security
ties, security cooperation and interoperability, economic
connectivity, and expand opportunities for ASEAN to work with
other like-minded partners in the region; and
(B) encourage like-minded partners outside of the Indo-
Pacific region to engage with ASEAN.
(3) A summary of initiatives across the whole of the United
States Government to strengthen the United States partnership with
Southeast Asian nations and ASEAN, including to promote broad based
and inclusive economic growth, trade, investment, energy innovation
and sustainability, public-private partnerships, physical and
digital infrastructure development, education, disaster management,
public health and global health security, and economic, political,
and public diplomacy in Southeast Asia.
(4) A summary of initiatives across the whole of the United
States Government to enhance the capacity of Southeast Asian
nations with respect to enforcing international law and
multilateral sanctions, and initiatives to cooperate with ASEAN as
an institution in these areas.
(5) A summary of initiatives across the whole of the United
States Government to promote human rights and democracy, to
strengthen the rule of law, civil society, and transparent
governance, to combat disinformation and to protect the integrity
of elections from outside influence.
(6) A summary of initiatives to promote security cooperation
and security assistance within Southeast Asian nations, including--
(A) maritime security and maritime domain awareness
initiatives for protecting the maritime commons and supporting
international law and freedom of navigation in the South China
Sea; and
(B) efforts to combat terrorism, human trafficking, piracy,
and illegal fishing, and promote more open, reliable routes for
sea lines of communication.
(c) Distribution of Strategy.--For the purposes of assuring allies
and partners in Southeast Asia and deepening United States engagement
with ASEAN, the Secretary of State shall direct each United States
chief of mission to ASEAN and its member states to distribute the
strategy required by subsection (a) to host governments.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 6510. SUPPORTING DEMOCRACY IN BURMA.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Appropriations of the House of
Representatives;
(5) the Committee on Armed Services of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(8) the Committee on Financial Services of the House of
Representatives.
(b) Briefing Required.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the following officials shall jointly brief
the appropriate congressional committees regarding actions taken by
the United States Government to further United States policy and
security objectives in Burma (officially known as the ``Republic of
the Union of Myanmar''):
(A) The Assistant Secretary of State for East Asian and
Pacific Affairs.
(B) The Counselor of the Department of State.
(C) The Under Secretary of the Treasury for Terrorism and
Financial Intelligence.
(D) The Assistant to the Administrator for the Bureau for
Conflict Prevention and Stabilization.
(E) Additional officials from the Department of Defense or
the Intelligence Community, as appropriate.
(2) Information required.--The briefing required under
paragraph (1) shall include--
(A) a detailed description of the specific United States
policy and security objectives in Burma;
(B) information about any actions taken by the United
States, either directly or in coordination with other
countries--
(i) to support and legitimize the National Unity
Government of the Republic of the Union of Myanmar, The
Civil Disobedience Movement in Myanmar, and other entities
promoting democracy in Burma, while simultaneously denying
legitimacy and resources to the Myanmar's military junta;
(ii) to impose costs on Myanmar's military junta,
including--
(I) an assessment of the impact of existing United
States and international sanctions; and
(II) a description of potential prospects for
additional sanctions;
(iii) to secure the restoration of democracy, the
establishment of inclusive and representative civilian
government, with a reformed military reflecting the
diversity of Burma and under civilian control, and the
enactment of constitutional, political, and economic reform
in Burma;
(iv) to secure the unconditional release of all
political prisoners in Burma;
(v) to promote genuine national reconciliation among
Burma's diverse ethnic and religious groups;
(vi) to ensure accountability for atrocities, human
rights violations, and crimes against humanity committed by
Myanmar's military junta; and
(vii) to avert a large-scale humanitarian disaster;
(C) an update on the current status of United States
assistance programs in Burma, including--
(i) humanitarian assistance for affected populations,
including internally displaced persons and efforts to
mitigate humanitarian and health crises in neighboring
countries and among refugee populations;
(ii) democracy assistance, including support to the
National Unity Government of the Republic of the Union of
Myanmar and civil society groups in Burma;
(iii) economic assistance; and
(iv) global health assistance, including COVID-19
relief; and
(D) a description of the strategic interests in Burma of
the People's Republic of China and the Russian Federation,
including--
(i) access to natural resources and lines of
communications to sea routes; and
(ii) actions taken by such countries--
(I) to support Myanmar's military junta in order to
preserve or promote such interests;
(II) to undermine the sovereignty and territorial
integrity of Burma; and
(III) to promote ethnic conflict within Burma.
(c) Classification and Format.--The briefing required under
subsection (b)--
(1) shall be provided in an unclassified setting; and
(2) may be accompanied by a separate classified briefing, as
appropriate.
SEC. 6511. UNITED STATES GRAND STRATEGY WITH RESPECT TO CHINA.
(a) Strategy Required.--
(1) In general.--Not later than 30 days after the date on which
the President first submits to Congress a national security
strategy under section 108 of the National Security Act of 1947 (50
U.S.C. 3043) after the date of the enactment of this Act, the
President shall commence developing a comprehensive report that
articulates the strategy of the United States with respect to the
People's Republic of China (in this section referred to as the
``China Strategy'') that builds on the work of such national
security strategy.
(2) Submittal.--Not later than 270 days after the date on which
the President first submits to Congress a national security
strategy under section 108 of the National Security Act of 1947 (50
U.S.C. 3043) after the date of the enactment of this Act, the
President shall submit to Congress the China Strategy developed
under paragraph (1).
(3) Form.--The China Strategy shall be submitted in classified
form and shall include an unclassified summary.
(b) Contents.--The China Strategy developed under subsection (a)
shall set forth the national security strategy of the United States
with respect to the People's Republic of China and shall include a
comprehensive description and discussion of the following:
(1) The strategy of the People's Republic of China regarding
the military, economic, and political power of China in the Indo-
Pacific region and worldwide, including why the People's Republic
of China has decided on such strategy and what the strategy means
for the long-term interests, values, goals, and objectives of the
United States.
(2) The worldwide interests, values, goals, and objectives of
the United States as they relate to geostrategic and geoeconomic
competition with the People's Republic of China.
(3) The foreign and economic policy, worldwide commitments, and
national defense capabilities of the United States necessary to
deter aggression and to implement the national security strategy of
the United States as they relate to the new era of competition with
the People's Republic of China.
(4) How the United States will exercise the political,
economic, military, diplomatic, and other elements of its national
power to protect or advance its interests and values and achieve
the goals and objectives referred to in paragraph (1).
(5) The adequacy of the capabilities of the United States
Government to carry out the national security strategy of the
United States within the context of new and emergent challenges to
the international order posed by the People's Republic of China,
including an evaluation--
(A) of the balance among the capabilities of all elements
of national power of the United States; and
(B) the balance of all United States elements of national
power in comparison to equivalent elements of national power of
the People's Republic of China.
(6) The assumptions and end-state or end-states of the strategy
of the United States globally and in the Indo-Pacific region with
respect to the People's Republic of China.
(7) Such other information as the President considers necessary
to help inform Congress on matters relating to the national
security strategy of the United States with respect to the People's
Republic of China.
(c) Advisory Board on United States Grand Strategy With Respect to
China.--
(1) Establishment.--The President may establish in the
executive branch an advisory board to be known as the ``Advisory
Board on United States Grand Strategy with respect to China'' (in
this section referred to as the ``Board'').
(2) Purpose.--The purpose of the Board is to convene outside
experts to advise the President on development of the China
Strategy.
(3) Duties.--
(A) Review.--The Board shall review the current national
security strategy of the United States with respect to the
People's Republic of China, including assumptions,
capabilities, strategy, and end-state or end-states.
(B) Assessment and recommendations.--The Board shall
analyze the United States national security strategy with
respect to the People's Republic of China, including
challenging its assumptions and approach, and make
recommendations to the President for the China Strategy.
(C) Classified briefing.--
(i) In general.--Not later than 30 days after the date
on which the President submits the China Strategy to
Congress under subsection (a)(2), the Board shall provide
the appropriate congressional committees a classified
briefing on its review, assessment, and recommendations.
(ii) Appropriate congressional committees defined.--In
this subparagraph, the term ``appropriate congressional
committees'' means--
(I) the congressional defense committees;
(II) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate; and
(III) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(4) Composition.--
(A) Recommendations.--Not later than 30 days after the date
on which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment of
this Act, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives shall each provide to the President 2
candidates for membership on the Board, at least 1 of whom
shall be an individual in the private sector and 1 of whom
shall be an individual in academia or employed by a nonprofit
research institution.
(B) Membership.--The Board shall be composed of 9 members
appointed by the President as follows:
(i) The National Security Advisor or such other
designee as the President considers appropriate, such as
the Asia Coordinator from the National Security Council.
(ii) Four shall be selected from among individuals in
the private sector.
(iii) Four shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(iv) Two members shall be selected from among
individuals included in the list submitted by the majority
leader of the Senate under subparagraph (A), of whom--
(I) one shall be selected from among individuals in
the private sector; and
(II) one shall be selected from among individuals
in academia or employed by a nonprofit research
institution.
(v) Two members shall be selected from among
individuals included in the list submitted by the minority
leader of the Senate under subparagraph (A), of whom--
(I) one shall be selected from among individuals in
the private sector; and
(II) one shall be selected from among individuals
in academia or employed by a nonprofit research
institution.
(vi) Two members shall be selected from among
individuals included in the list submitted by the Speaker
of the House of Representatives under subparagraph (A), or
whom--
(I) one shall be selected from among individuals in
the private sector; and
(II) one shall be selected from among individuals
in academia or employed by a nonprofit research
institution.
(vii) Two members shall be selected from among
individuals included in the list submitted by the minority
leader of the House of Representatives under subparagraph
(A), of whom--
(I) one shall be selected from among individuals in
the private sector; and
(II) one shall be selected from among individuals
in academia or employed by a nonprofit research
institution.
(C) Chairperson.--The Chairperson of the Board shall be the
member of the Board appointed under subparagraph (B)(i).
(D) Nongovernmental membership; period of appointment;
vacancies.--
(i) Nongovernmental membership.--Except in the case of
the Chairperson of the Board, an individual appointed to
the Board may not be an officer or employee of an
instrumentality of government.
(ii) Period of appointment.--Members shall be appointed
for the life of the Board.
(iii) Vacancies.--Any vacancy in the Board shall be
filled in the same manner as the original appointment.
(5) Deadline for appointment.--Not later than 60 days after the
date on which the President first submits to Congress a national
security strategy under section 108 of the National Security Act of
1947 (50 U.S.C. 3043) after the date of the enactment of this Act,
the President shall--
(A) appoint the members of the Board pursuant to paragraph
(4); and
(B) submit to Congress a list of the members so appointed.
(6) Experts and consultants.--The Board is authorized to
procure temporary and intermittent services under section 3109 of
title 5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic pay
under level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(7) Security clearances.--The appropriate Federal departments
or agencies shall cooperate with the Board in expeditiously
providing to the Board members and experts and consultants
appropriate security clearances to the extent possible pursuant to
existing procedures and requirements, except that no person may be
provided with access to classified information under this Act
without the appropriate security clearances.
(8) Receipt, handling, storage, and dissemination.--Information
shall only be received, handled, stored, and disseminated by
members of the Board and any experts and consultants consistent
with all applicable statutes, regulations, and Executive orders.
(9) Uncompensated service.--A member of the Board who is not an
officer or employee of the Federal Government shall serve without
compensation.
(10) Cooperation from government.--In carrying out its duties,
the Board shall receive the full and timely cooperation of the
heads of relevant Federal departments and agencies in providing the
Board with analysis, briefings, and other information necessary for
the fulfillment of its responsibilities.
(11) Termination.--The Board shall terminate on the date that
is 60 days after the date on which the President submits the China
Strategy to Congress under subsection (a)(2).
TITLE LXVI--OTHER MATTERS
Sec. 6601. Eligibility of certain individuals who served with special
guerrilla units or irregular forces in Laos for interment in
national cemeteries.
Sec. 6602. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt and
Syria.
Sec. 6603. Anomalous health incidents interagency coordinator.
Sec. 6604. Chief Human Capital Officers Council annual report.
Sec. 6605. National Global War on Terrorism Memorial.
Sec. 6606. Establishment of Subcommittee on the Economic and Security
Implications of Quantum Information Science.
Sec. 6607. Study and report on the redistribution of COVID-19 vaccine
doses that would otherwise expire to foreign countries and
economies.
Sec. 6608. Catawba Indian Nation lands.
Sec. 6609. Property disposition for affordable housing.
Sec. 6610. Blocking deadly fentanyl imports.
SEC. 6601. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH SPECIAL
GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS FOR INTERMENT IN NATIONAL
CEMETERIES.
(a) In General.--Section 2402(a)(10) of title 38, United States
Code, is amended--
(1) by striking the period at the end and inserting ``; or'';
and
(2) by adding at the end the following new subparagraph:
``(B) who--
``(i) the Secretary determines served honorably with a
special guerrilla unit or irregular forces operating from a
base in Laos in support of the Armed Forces at any time
during the period beginning on February 28, 1961, and
ending on May 7, 1975; and
``(ii) at the time of the individual's death--
``(I) was a citizen of the United States or an
alien lawfully admitted for permanent residence in the
United States; and
``(II) resided in the United States.''.
(b) Effective Date.--The amendments made by this section shall have
effect as if included in the enactment of section 251(a) of title II of
the Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2018 (division J of Public Law 115-141; 132 Stat.
824).
SEC. 6602. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS AFFAIRS OPEN
BURN PIT REGISTRY TO INCLUDE OPEN BURN PITS IN EGYPT AND SYRIA.
Section 201(c)(2) of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note) is amended, in the matter before subparagraph (A), by striking
``or Uzbekistan'' and inserting ``, Uzbekistan, Egypt, or Syria''.
SEC. 6603. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR.
(a) Anomalous Health Incidents Interagency Coordinator.--
(1) Designation.--Not later than 30 days after the date of the
enactment of this Act, the President shall designate an appropriate
senior official to be known as the Anomalous Health Incidents
Interagency Coordinator (in this section referred to as the
``Interagency Coordinator'').
(2) Duties.--The Interagency Coordinator, working through the
interagency national security process, shall, with respect to
anomalous health incidents--
(A) coordinate the response of the United States Government
to such incidents;
(B) coordinate among relevant Federal agencies to ensure
equitable and timely access to assessment and care for affected
United States Government personnel, dependents of such
personnel, and other appropriate individuals;
(C) ensure adequate training and education relating to such
incidents for United States Government personnel;
(D) ensure that information regarding such incidents is
efficiently shared across relevant Federal agencies in a manner
that provides appropriate protections for classified,
sensitive, and personal information;
(E) coordinate, in consultation with the Director of the
White House Office of Science and Technology Policy, the
technological and research efforts of the United States
Government to address suspected attacks presenting as such
incidents; and
(F) develop policy options to prevent, mitigate, and deter
suspected attacks presenting as such incidents.
(b) Designation of Agency Coordination Leads.--
(1) Designation; responsibilities.--The head of each relevant
agency shall designate an official appointed by the President, by
and with the advice and consent of the Senate, or other appropriate
senior official, who shall--
(A) serve as the Anomalous Health Incident Agency
Coordination Lead (in this section referred to as the ``Agency
Coordination Lead'') for the relevant agency concerned;
(B) report directly to the head of such relevant agency
regarding activities carried out under this section;
(C) perform functions specific to such relevant agency and
related to anomalous health incidents, consistent with the
directives of the Interagency Coordinator and the interagency
national security process;
(D) represent such relevant agency in meetings convened by
the Interagency Coordinator; and
(E) participate in interagency briefings to Congress
regarding the response of the United States Government to
anomalous health incidents, including briefings required under
subsection (c).
(2) Delegation prohibited.--An Agency Coordination Lead may not
delegate any of the responsibilities specified in paragraph (1).
(c) Briefings.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, and quarterly thereafter for the following
two years, the Agency Coordination Leads shall jointly provide to
the appropriate congressional committees a briefing on progress
made in carrying out the duties under subsection (b)(2).
(2) Elements.--Each briefing required under paragraph (1) shall
include--
(A) an update on the investigation into anomalous health
incidents affecting United States Government personnel and
dependents of such personnel, including technical causation and
suspected perpetrators;
(B) an update on new or persistent anomalous health
incidents;
(C) a description of threat prevention and mitigation
efforts with respect to anomalous health incidents, to include
personnel training;
(D) an identification of any changes to operational posture
as a result of anomalous health threats;
(E) an update on diagnosis and treatment efforts for
individuals affected by anomalous health incidents, including
patient numbers and wait times to access care;
(F) a description of efforts to improve and encourage
reporting of anomalous health incidents;
(G) a detailed description of the roles and
responsibilities of the Agency Coordination Leads;
(H) information regarding additional authorities or
resources needed to support the interagency response to
anomalous health incidents; and
(I) such other matters as the Interagency Coordinator or
the Agency Coordination Leads may consider appropriate.
(3) Unclassified briefing summary.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, and quarterly thereafter for the
following two years, the Agency Coordination Leads shall
provide to the appropriate congressional committees a
coordinated written summary of the briefings provided under
paragraph (1).
(B) Form.--The summary under subparagraph (A) shall be
submitted in an unclassified form to the extent practicable,
consistent with the protection of intelligence sources and
methods.
(d) Secure Reporting Mechanisms.--Not later than 90 days after the
date of the enactment of this section, the Interagency Coordinator
shall ensure that the head of each relevant agency--
(1) develops a process to provide a secure mechanism for
personnel of the relevant agency concerned, the dependents of such
personnel, and other appropriate individuals, to self-report any
suspected exposure that could be an anomalous health incident;
(2) shares all relevant data reported through such mechanism in
a timely manner with the Office of the Director of National
Intelligence and other relevant agencies, through existing
processes coordinated by the Interagency Coordinator; and
(3) in developing the mechanism pursuant to paragraph (1),
prioritizes secure information collection and handling processes to
protect classified, sensitive, and personal information.
(e) Workforce Guidance.--
(1) Development and dissemination.--The President shall direct
the heads of the relevant agencies to develop and disseminate to
employees of such relevant agencies who are determined to be at
risk of exposure to anomalous health incidents updated workforce
guidance that describes, at a minimum--
(A) the threat posed by anomalous health incidents;
(B) known defensive techniques with respect to anomalous
health incidents; and
(C) processes to self-report any suspected exposure that
could be an anomalous health incident.
(2) Deadline.--The workforce guidance specified under paragraph
(1) shall be developed and disseminated pursuant to such paragraph
by not later than 60 days after the date of the enactment of this
Act.
(f) Rule of Construction.--Nothing in this section, including the
designation of the Interagency Coordinator pursuant to subsection
(a)(1), shall be construed to limit the authority of any Federal agency
to independently perform the authorized functions of such agency.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State $5,000,000 for fiscal year 2022,
to be used to--
(1) increase capacity and staffing for the Health Incident
Response Task Force of the Department of State;
(2) support the development and implementation of efforts by
the Department of State to prevent and mitigate anomalous health
incidents affecting the workforce of the Department;
(3) investigate and characterize the cause of anomalous health
incidents, including investigations of causation and attribution;
(4) collect and analyze data related to anomalous health
incidents;
(5) coordinate with other relevant agencies and the National
Security Council regarding anomalous health incidents; and
(6) support other activities to understand, prevent, deter, and
respond to suspected attacks presenting as anomalous health
incidents, at the discretion of the Secretary of State.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committees on Armed Services, Foreign Relations,
Homeland Security and Governmental Affairs, the Judiciary, and
Appropriations, and the Select Committee on Intelligence, of
the Senate; and
(B) the Committees on Armed Services, Foreign Affairs,
Homeland Security, the Judiciary, and Appropriations, and the
Permanent Select Committee on Intelligence, of the House of
Representatives.
(2) The term ``relevant Federal agencies'' means--
(A) the Department of Defense;
(B) the Department of State;
(C) the Office of the Director of National Intelligence;
(D) the Central Intelligence Agency;
(E) the Department of Justice;
(F) the Department of Homeland Security; and
(G) such other Federal departments or agencies as may be
designated by the Interagency Coordinator.
SEC. 6604. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL REPORT.
Subsection (d) of section 1303 of the Homeland Security Act of 2002
(Public Law 107-296; 5 U.S.C. 1401 note) is amended to read as follows:
``(d) Annual Reports.--
``(1) In general.--Each year, the Chief Human Capital Officers
Council shall submit to Congress a report that includes the
following:
``(A) A description of the activities of the Council.
``(B) A description of employment barriers that prevent the
agencies of its members from hiring qualified applicants,
including those for digital talent positions, and
recommendations for addressing the barriers that would allow
such agencies to more effectively hire qualified applicants.
``(2) Public availability.--Not later than 30 days after the
date on which the Council submits a report under paragraph (1), the
Director of the Office of Personnel Management shall make the
report publicly available on the website of the Office of Personnel
Management.''.
SEC. 6605. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.
(a) Site.--Notwithstanding section 8908(c) of title 40, United
States Code, the National Global War on Terrorism Memorial authorized
by section 2(a) of the Global War on Terrorism War Memorial Act (40
U.S.C. 8903 note; Public Law 115-51; 131 Stat. 1003) (referred to in
this section as the ``Memorial'') shall be located within the Reserve
(as defined in section 8902(a) of title 40, United States Code).
(b) Applicability of Commemorative Works Act.--Except as provided
in subsection (a), chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act''), shall apply to the Memorial.
SEC. 6606. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC AND SECURITY
IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.
(a) Establishment.--Title I of the National Quantum Initiative Act
(15 U.S.C. 8811 et seq.) is amended--
(1) by redesignating section 105 as section 106; and
(2) by inserting after section 104 the following new section:
``SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY IMPLICATIONS
OF QUANTUM INFORMATION SCIENCE.
``(a) Establishment.--The President shall establish, through the
National Science and Technology Council, the Subcommittee on the
Economic and Security Implications of Quantum Information Science.
``(b) Membership.--The Subcommittee shall include a representative
of--
``(1) the Department of Energy;
``(2) the Department of Defense;
``(3) the Department of Commerce;
``(4) the Department of Homeland Security;
``(5) the Office of the Director of National Intelligence;
``(6) the Office of Management and Budget;
``(7) the Office of Science and Technology Policy;
``(8) the Department of Justice;
``(9) the National Science Foundation;
``(10) the National Institute of Standards and Technology; and
``(11) such other Federal department or agency as the President
considers appropriate.
``(c) Responsibilities.--The Subcommittee shall--
``(1) in coordination with the Director of the Office and
Management and Budget, the Director of the National Quantum
Coordination Office, and the Subcommittee on Quantum Information
Science, track investments of the Federal Government in quantum
information science research and development;
``(2) review and assess any economic or security implications
of such investments;
``(3) review and assess any counterintelligence risks or other
foreign threats to such investments;
``(4) recommend goals and priorities for the Federal Government
and make recommendations to Federal departments and agencies and
the Director of the National Quantum Coordination Office to address
any counterintelligence risks or other foreign threats identified
as a result of an assessment under paragraph (3);
``(5) assess the export of technology associated with quantum
information science and recommend to the Secretary of Commerce and
the Secretary of State export controls necessary to protect the
economic and security interests of the United States as a result of
such assessment;
``(6) recommend to Federal departments and agencies investment
strategies in quantum information science that advance the economic
and security interest of the United States;
``(7) recommend to the Director of National Intelligence and
the Secretary of Energy appropriate protections to address
counterintelligence risks or other foreign threats identified as a
result of the assessment under paragraph (3); and
``(8) in coordination with the Subcommittee on Quantum
Information Science, ensure the approach of the United States to
investments of the Federal Government in quantum information
science research and development reflects a balance between
scientific progress and the potential economic and security
implications of such progress.
``(d) Technical and Administrative Support.--
``(1) In general.--The Secretary of Energy, the Director of
National Intelligence, and the Director of the National Quantum
Coordination Office may provide to the Subcommittee personnel,
equipment, facilities, and such other technical and administrative
support as may be necessary for the Subcommittee to carry out the
responsibilities of the Subcommittee under this section.
``(2) Support related to classified information.--The Director
of the Office of Science and Technology Policy and the Director of
National Intelligence shall provide to the Subcommittee technical
and administrative support related to the responsibilities of the
Subcommittee that involve classified information, including support
related to sensitive compartmented information facilities and the
storage of classified information.''.
(b) Sunset for Subcommittee.--
(1) Inclusion in sunset provision.--Such title is further
amended in section 106, as redesignated by subsection (a), by
striking ``103, and 104'' and inserting ``103, 104, and 105''.
(2) Effective date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the National
Quantum Initiative Act (15 U.S.C. 8801 et seq.).
(c) Conforming Amendments.--The National Quantum Initiative Act (15
U.S.C. 8801 et seq.) is further amended--
(1) in section 2, by striking paragraph (7) and inserting the
following new paragraphs:
``(7) Subcommittee on economic and security implications.--The
term `Subcommittee on Economic and Security Implications' means the
Subcommittee on the Economic and Security Implications of Quantum
Information Science established under section 105(a).
``(8) Subcommittee on quantum information science.--The term
`Subcommittee on Quantum Information Science' means the
Subcommittee on Quantum Information Science of the National Science
and Technology Council established under section 103(a).'';
(2) in section 102(b)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``on Quantum Information Science;'';
(B) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(C) the Subcommittee on Economic and Security
Implications;''; and
(3) in section 104(d)(1), by striking `` and the Subcommittee''
and inserting ``, the Subcommittee on Quantum Information Science,
and the Subcommittee on Economic and Security Implications''.
(d) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 105 and
inserting the following new items:
``105. Subcommittee on the Economic and Security Implications of Quantum
Information Science.
``106. Sunset.''.
SEC. 6607. STUDY AND REPORT ON THE REDISTRIBUTION OF COVID-19 VACCINE
DOSES THAT WOULD OTHERWISE EXPIRE TO FOREIGN COUNTRIES AND ECONOMIES.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services, in
consultation with the Secretary of State and the Administrator of
the United States Agency for International Development, shall
conduct a study to identify and analyze the logistical
prerequisites for the collection of unused and unexpired doses of
the COVID-19 vaccine in the United States and for the distribution
of such doses to foreign countries and economies.
(2) Matters studied.--The matters studied by the Secretary of
Health and Human Services under paragraph (1) shall include--
(A) options for the collection of unused and unexpired
doses of the COVID-19 vaccine from entities in the United
States;
(B) methods for the collection and shipment of such doses
to foreign countries and economies;
(C) methods for ensuring the appropriate storage and
handling of such doses during and following the distribution
and delivery of the doses to such countries and economies;
(D) the capacity and capability of foreign countries and
economies receiving such doses to distribute and administer the
doses while assuring their safety and quality;
(E) the minimum supply of doses of the COVID-19 vaccine
necessary to be retained within the United States; and
(F) other Federal agencies with which the heads of the
relevant agencies should coordinate to accomplish the tasks
described in subparagraphs (A) through (E) and the degree of
coordination necessary between such agencies.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services, in
consultation with the other heads of the relevant agencies, shall
submit to the appropriate congressional committees a report on the
results of the study conducted under subsection (a).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions, and the Committee on Foreign Relations of the Senate;
and
(B) the Committee on Energy and Commerce, and the Committee
on Foreign Affairs of the House of Representatives.
(2) Relevant agencies.--The term ``relevant agencies'' means--
(A) the Department of Health and Human Services;
(B) the Department of State; and
(C) the United States Agency for International Development.
SEC. 6608. CATAWBA INDIAN NATION LANDS.
(a) Application of Current Law.--
(1) Lands in south carolina.--Section 14 of the Catawba Indian
Tribe of South Carolina Claims Settlement Act of 1993 (Public Law
103-116) shall only apply to gaming conducted by the Catawba Indian
Nation on lands located in South Carolina.
(2) Lands in states other than south carolina.--Gaming
conducted by the Catawba Indian Nation on lands located in States
other than South Carolina shall be subject to the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and sections 1166 through
1168 of title 18, United States Code.
(b) Reaffirmation of Status and Actions.--
(1) Ratification of trust status.--The action taken by the
Secretary of the Interior on July 10, 2020, to place approximately
17 acres of land located in Cleveland County, North Carolina, into
trust for the benefit of the Catawba Indian Nation is hereby
ratified and confirmed as if that action had been taken under a
Federal law specifically authorizing or directing that action.
(2) Administration.--The land placed into trust for the benefit
of the Catawba Indian Nation by the Secretary on July 10, 2020,
shall--
(A) be a part of the Catawba Reservation and administered
in accordance with the laws and regulations generally
applicable to land held in trust by the United States for an
Indian Tribe; and
(B) be deemed to have been acquired and taken into trust as
part of the restoration of lands for an Indian tribe that is
restored to Federal recognition pursuant to section
20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act (25 U.S.C.
2719(b)(1)(B)(iii)).
(3) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right or claim
of the Catawba Indian Nation to any land or interest in land in
existence before the date of the enactment of this Act;
(B) affect any water right of the Catawba Indian Nation in
existence before the date of the enactment of this Act;
(C) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of the enactment of this Act; or
(D) alter or diminish the right of the Catawba Indian
Nation to seek to have additional land taken into trust by the
United States for the benefit of the Catawba Indian Nation.
SEC. 6609. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is amended to
read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least in
part with that assistance is no longer needed for the purpose for
which such asset was acquired, the Secretary may authorize the
recipient to transfer such asset to--
``(A) a local governmental authority to be used for a
public purpose with no further obligation to the Government if
the Secretary decides--
``(i) the asset will remain in public use for at least
5 years after the date the asset is transferred;
``(ii) there is no purpose eligible for assistance
under this chapter for which the asset should be used;
``(iii) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in
the asset, after considering fair market value and other
factors; and
``(iv) through an appropriate screening or survey
process, that there is no interest in acquiring the asset
for Government use if the asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used for the
purpose of transit-oriented development with no further
obligation to the Government if the Secretary decides--
``(i) the asset is a necessary component of a proposed
transit-oriented development project;
``(ii) the transit-oriented development project will
increase transit ridership;
``(iii) at least 40 percent of the housing units
offered in the transit-oriented development, including
housing units owned by nongovernmental entities, are
legally binding affordability restricted to tenants with
incomes at or below 60 percent of the area median income
and owners with incomes at or below 60 percent the area
median income, which shall include at least 20 percent of
such housing units offered restricted to tenants with
incomes at or below 30 percent of the area median income
and owners with incomes at or below 30 percent the area
median income;
``(iv) the asset will remain in use as described in
this section for at least 30 years after the date the asset
is transferred; and
``(v) with respect to a transfer to a third party
entity--
``(I) a local government authority or nonprofit
organization is unable to receive the property;
``(II) the overall benefit of allowing the transfer
is greater than the interest of the Government in
liquidation and return of the financial interest of the
Government in the asset, after considering fair market
value and other factors; and
``(III) the third party has demonstrated a
satisfactory history of construction or operating an
affordable housing development.''.
SEC. 6610. BLOCKING DEADLY FENTANYL IMPORTS.
(a) Short Title.--This section may be cited as the ``Blocking
Deadly Fentanyl Imports Act''.
(b) Definitions.--Section 481(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291(e)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``in which'';
(B) in subparagraph (A), by inserting ``in which'' before
``1,000'';
(C) in subparagraph (B)--
(i) by inserting ``in which'' before ``1,000''; and
(ii) by striking ``or'' at the end;
(D) in subparagraph (C)--
(i) by inserting ``in which'' before ``5,000''; and
(ii) by inserting ``or'' after the semicolon; and
(E) by adding at the end the following:
``(D) that is a significant source of illicit synthetic
opioids significantly affecting the United States;''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(E) assistance that furthers the objectives set forth in
paragraphs (1) through (4) of section 664(b) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n-
2(b));
``(F) assistance to combat trafficking authorized under the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7101 et seq.)); and
``(G) global health assistance authorized under sections
104 through 104C of the Foreign Assistance Act of 1961 (22
U.S.C. 2151b through 22 U.S.C. 2151b-4).''.
(c) International Narcotics Control Strategy Report.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is
amended by adding at the end the following:
``(10) A separate section that contains the following:
``(A) An identification of the countries, to the extent
feasible, that are the most significant sources of illicit
fentanyl and fentanyl analogues significantly affecting the
United States during the preceding calendar year.
``(B) A description of the extent to which each country
identified pursuant to subparagraph (A) has cooperated with the
United States to prevent the articles or chemicals described in
subparagraph (A) from being exported from such country to the
United States.
``(C) A description of whether each country identified
pursuant to subparagraph (A) has adopted and utilizes
scheduling or other procedures for illicit drugs that are
similar in effect to the procedures authorized under title II
of the Controlled Substances Act (21 U.S.C. 811 et seq.) for
adding drugs and other substances to the controlled substances
schedules;
``(D) A description of whether each country identified
pursuant to subparagraph (A) is following steps to prosecute
individuals involved in the illicit manufacture or distribution
of controlled substance analogues (as defined in section
102(32) of the Controlled Substances Act (21 U.S.C. 802(32));
and
``(E) A description of whether each country identified
pursuant to subparagraph (A) requires the registration of
tableting machines and encapsulating machines or other measures
similar in effect to the registration requirements set forth in
part 1310 of title 21, Code of Federal Regulations, and has not
made good faith efforts, in the opinion of the Secretary, to
improve regulation of tableting machines and encapsulating
machines.''.
(d) Withholding of Assistance.--
(1) Designation of illicit fentanyl countries without
scheduling procedures.--Section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)) is
amended--
(A) in the matter preceding subparagraph (A), by striking
``also'';
(B) in subparagraph (A)(ii), by striking ``and'' at the
end;
(C) by redesignating subparagraph (B) as subparagraph (D);
(D) by inserting after subparagraph (A) the following:
``(B) designate each country, if any, identified under
section 489(a)(10) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(10)) that has failed to adopt and utilize
scheduling procedures for illicit drugs that are comparable to
the procedures authorized under title II of the Controlled
Substances Act (21 U.S.C. 811 et seq.) for adding drugs and
other substances to the controlled substances schedules;''; and
(E) in subparagraph (D), as redesignated, by striking ``so
designated'' and inserting ``designated under subparagraph (A),
(B), or (C)''.
(2) Designation of illicit fentanyl countries without ability
to prosecute criminals for the manufacture or distribution of
fentanyl analogues.--Section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)), as
amended by paragraph (2), is further amended by inserting after
subparagraph (B) the following:
``(C) designate each country, if any, identified under
section 489(a)(10) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(10)) that has not taken significant steps to
prosecute individuals involved in the illicit manufacture or
distribution of controlled substance analogues (as defined in
section 102(32) of the Controlled Substances Act (21 U.S.C.
802(32));''.
(3) Limitation on assistance for designated countries.--Section
706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003
(22 U.S.C. 2291j-1(3)) is amended by striking ``also designated
under paragraph (2) in the report'' and inserting ``designated in
the report under paragraph (2)(A) or thrice designated during a 5-
year period in the report under subparagraph (B) or (C) of
paragraph (2)''.
(4) Exceptions to the limitation on assistance.--Section 706(5)
of the Foreign Relations Authorization Act, Fiscal Year 2003 (22
U.S.C. 2291j-1(5)) is amended--
(A) by redesignating subparagraph (C) as subparagraph (F);
(B) by inserting after subparagraph (B) the following:
``(C) Notwithstanding paragraph (3), assistance to promote
democracy (as described in section 481(e)(4)(E) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E))) shall be
provided to countries identified in a report under paragraph
(1) and designated under subparagraph (B) or (C) of paragraph
(2), to the extent such countries are otherwise eligible for
such assistance, regardless of whether the President reports to
the appropriate congressional committees in accordance with
such paragraph.
``(D) Notwithstanding paragraph (3), assistance to combat
trafficking (as described in section 481(e)(4)(F) of such Act)
shall be provided to countries identified in a report under
paragraph (1) and designated under subparagraph (B) or (C) of
paragraph (2), to the extent such countries are otherwise
eligible for such assistance, regardless of whether the
President reports to the appropriate congressional committees
in accordance with such paragraph.
``(E) Notwithstanding paragraph (3), global health
assistance (as described in section 481(e)(4)(G) of such Act)
shall be provided to countries identified in a report under
paragraph (1) and designated under subparagraph (B) or (C) of
paragraph (2), to the extent such countries are otherwise
eligible for such assistance, regardless of whether the
President reports to the appropriate congressional committees
in accordance with such paragraph''; and
(C) in subparagraph (F), as redesignated, by striking
``section clause (i) or (ii) of'' and inserting ``clause (i) or
(ii) of section''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.