[117th Congress Public Law 81]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 1541]]
Public Law 117-81
117th Congress
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. <<NOTE: Dec. 27,
2021 - [S. 1605]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2022.>>
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
[[Page 135 STAT. 1551]]
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.
[[Page 135 STAT. 1552]]
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.
[[Page 135 STAT. 1553]]
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.
[[Page 135 STAT. 1554]]
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.
[[Page 135 STAT. 1555]]
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.
[[Page 135 STAT. 1556]]
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.
[[Page 135 STAT. 1557]]
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.
[[Page 135 STAT. 1558]]
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.
[[Page 135 STAT. 1559]]
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.
[[Page 135 STAT. 1560]]
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.
[[Page 135 STAT. 1561]]
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.
[[Page 135 STAT. 1562]]
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.
[[Page 135 STAT. 1563]]
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.
[[Page 135 STAT. 1564]]
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.
[[Page 135 STAT. 1565]]
Sec. 6609. Property disposition for affordable housing.
Sec. 6610. Blocking deadly fentanyl imports.
SEC. 3. <<NOTE: 10 USC 101 note. Definition.>> 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.
[[Page 135 STAT. 1566]]
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), <<NOTE: 134 Stat. 3423.>> is further amended--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> in paragraph (4), by striking
``deadlines specified in paragraph (1):'' and all that follows
through the period at
[[Page 135 STAT. 1567]]
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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 7532 note prec.>> 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) <<NOTE: Designation.>> 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.
[[Page 135 STAT. 1568]]
SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON
THE INTEGRATED VISUAL AUGMENTATION SYSTEM.
(a) <<NOTE: Effective date.>> 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) <<NOTE: Plans.>> Elements.--The report required by
paragraph (1) shall include the following:
(A) <<NOTE: Certification.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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).
[[Page 135 STAT. 1569]]
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) <<NOTE: Reports.>> 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) <<NOTE: Timelines.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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.
[[Page 135 STAT. 1570]]
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) <<NOTE: 134 Stat. 3426.>> 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), <<NOTE: 134 Stat. 3429.>> 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) <<NOTE: Time period.>> 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;
[[Page 135 STAT. 1571]]
(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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Risk assessment.>> 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
[[Page 135 STAT. 1572]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment. Estimate.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 1573]]
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) <<NOTE: Effective date. Assessments.>> 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) <<NOTE: Analysis.>> 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--
[[Page 135 STAT. 1574]]
(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) <<NOTE: Determination.>> 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).
[[Page 135 STAT. 1575]]
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52
COMMERCIAL ENGINE REPLACEMENT PROGRAM.
(a) <<NOTE: Effective date. Reports.>> 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) <<NOTE: Reports.>> 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,
[[Page 135 STAT. 1576]]
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) <<NOTE: Acquisition strategy.>> a report
detailing the acquisition strategy for the bridge tanker
aircraft;
(B) <<NOTE: Certification.>> a certification
identifying the amount of funds required for the
acquisition of the bridge tanker aircraft; and
(C) <<NOTE: Plan.>> 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) <<NOTE: 134
Stat. 3431.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification. Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> Exception.--The limitation in
paragraph (1) shall not apply to individual KC-135 aircraft that
the Secretary of the
[[Page 135 STAT. 1577]]
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) <<NOTE: Determination.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Analysis.>> analysis of the role of domestic
operations during concurrent contingency operations;
(4) <<NOTE: Analysis.>> 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
[[Page 135 STAT. 1578]]
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. <<NOTE: Effective dates.>> 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
[[Page 135 STAT. 1579]]
(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) <<NOTE: Deadlines. Certifications.>> 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).
[[Page 135 STAT. 1580]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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
[[Page 135 STAT. 1581]]
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. <<NOTE: Deadlines.>> 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) <<NOTE: Coordination.>> 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).
[[Page 135 STAT. 1582]]
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) <<NOTE: Consultation.>> 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) <<NOTE: List.>> 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) <<NOTE: Analysis. Compliance.>> 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. <<NOTE: Time period.>> 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.--
[[Page 135 STAT. 1583]]
(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) <<NOTE: Assessments.>> Elements.--The analysis
conducted under paragraph (1) shall include the following:
(A) <<NOTE: Cost estimate.>> 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) <<NOTE: Recommenda- tions. Time period.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1584]]
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. <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1585]]
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. <<NOTE: 10 USC 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;
[[Page 135 STAT. 1586]]
``(2) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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,
[[Page 135 STAT. 1587]]
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) <<NOTE: Deadline.>> 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 <<NOTE: 10 USC 111 prec.>> is amended by inserting before
the item relating to section 119 the following new item:
``118c. National Defense Science and Technology Strategy.''.
(c) Conforming Repeal.--Section 218 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1679) is repealed.
(d) Conforming Amendment.--Section 2358b(c)(2)(B)(ii) of title 10,
United States Code, is amended by striking ``section 218 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1679)'' and inserting ``section 118c of this
title''.
[[Page 135 STAT. 1588]]
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 ) <<NOTE: 10 USC 1580 note prec.>> 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) <<NOTE: 10 USC 4001 note.>> 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
[[Page 135 STAT. 1589]]
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679); and
``(III) relevant policy and guidance
from the Secretary of Defense; and''.
(b) <<NOTE: 10 USC 4061 note.>> 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. <<NOTE: 10 USC 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) <<NOTE: Grants.>> 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
[[Page 135 STAT. 1590]]
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) <<NOTE: Designation.>> 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) <<NOTE: Designation. Determination.>> The Under Secretary
shall designate a State as an eligible State if, as determined by the
Under Secretary--
``(A) <<NOTE: Time periods.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>> 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.''.
[[Page 135 STAT. 1591]]
(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, <<NOTE: 10 USC 4001
prec.>> 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) <<NOTE: 10 USC 4010 note.>> 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. <<NOTE: 10 USC 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) <<NOTE: California.>> 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) <<NOTE: Applicability.>> 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
[[Page 135 STAT. 1592]]
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
[[Page 135 STAT. 1593]]
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) <<NOTE: Deadline.>> 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), <<NOTE: 10 USC 4061 prec.>> 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 <<NOTE: 10 USC 4121 note.>> (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
[[Page 135 STAT. 1594]]
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) <<NOTE: 10
USC 4001 note.>> 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)
[[Page 135 STAT. 1595]]
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), <<NOTE: 10 USC 4124.>> 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) <<NOTE: 10 USC 4091 note.>> 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) <<NOTE: 10
USC 4001 note.>> , 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'';
[[Page 135 STAT. 1596]]
(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) <<NOTE: 15
USC 4653.>> 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
[[Page 135 STAT. 1597]]
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) <<NOTE: Assessments.>> Elements.--The plan under
paragraph (1) shall include the following:
(A) An assessment of the engineering, research, and
development capabilities of minority institutions,
including
[[Page 135 STAT. 1598]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Public information. Web posting.>> make
the plan available on a publicly accessible website of
the Department of Defense.
(b) <<NOTE: Contracts. Grants. 10 USC 4144 note.>> 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
[[Page 135 STAT. 1599]]
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) <<NOTE: Assessment.>> 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) <<NOTE: 10 USC 4144 note.>> 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.
[[Page 135 STAT. 1600]]
(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. <<NOTE: 10 USC 342 note.>> 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
[[Page 135 STAT. 1601]]
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. <<NOTE: 10 USC 4172 note.>> DEVELOPMENT AND
IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR
SURVIVABILITY AND LETHALITY TESTING.
(a) Expansion of Survivability and Lethality Testing.--
(1) <<NOTE: Coordination.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Data.>> a process to use data
from physical live fire testing to inform and
refine the digital technologies described in
clause (i).
(B) <<NOTE: Assessments.>> 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).
[[Page 135 STAT. 1602]]
(ii) <<NOTE: Assessment.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Assessments.>> 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
[[Page 135 STAT. 1603]]
(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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1604]]
(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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Determination. Compliance.>> 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) <<NOTE: Applicability. Evaluation.>> 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--
[[Page 135 STAT. 1605]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 1606]]
(A) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation. Contracts.>> 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. <<NOTE: Deadlines.>> 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
[[Page 135 STAT. 1607]]
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) <<NOTE: Plan.>> 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) <<NOTE: Schedule.>> a schedule for such improvements;
and
(2) <<NOTE: Proposals.>> a description of any
organizational changes, investments, policy changes, or other
activities the Secretary proposes to carry out as part of such
plan.
(c) <<NOTE: Definition.>> 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. <<NOTE: Assessments. 10 USC 4001 note.>> REVIEW OF
ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Requirements.>> Performance Objectives and Accompanying
Metrics.--
(1) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1608]]
(C) establish performance objectives and
accompanying metrics for artificial intelligence
modernization activities of the Department.
(3) <<NOTE: Coordination.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Proposals.>> 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).
[[Page 135 STAT. 1609]]
SEC. 227. <<NOTE: 10 USC 4001 note.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2001 note prec.>> EXECUTIVE EDUCATION ON
EMERGING TECHNOLOGIES FOR SENIOR CIVILIAN
AND MILITARY LEADERS.
(a) <<NOTE: Deadline.>> Establishment of Course.--Not later than two
years after the date of the enactment of this Act, the Secretary of
Defense
[[Page 135 STAT. 1610]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Recommenda- tions.>> A recommendation
with respect to continuing or expanding the activities
required under subsection (a).
SEC. 229. <<NOTE: 10 USC 4001 note.>> 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) <<NOTE: Consultation.>> 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
[[Page 135 STAT. 1611]]
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) <<NOTE: Grants. Contracts.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Termination date.>> 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
[[Page 135 STAT. 1612]]
out under subsection (a) and the program carried out under
subsection (b).
SEC. 230. <<NOTE: Coordination.>> 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. <<NOTE: 10 USC 4007 note.>> 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. <<NOTE: Contracts.>> 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) <<NOTE: Determination.>> Terms of Agreements.--The terms of an
agreement under subsection (a) shall be determined by the Secretary of
Defense.
(d) Data Collection.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: Analysis.>> 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;
[[Page 135 STAT. 1613]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Evaluation.>> 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) <<NOTE: Time periods.>> 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. <<NOTE: 10 USC 4001 note.>> PILOT PROGRAM ON DATA
REPOSITORIES TO FACILITATE THE DEVELOPMENT
OF ARTIFICIAL INTELLIGENCE CAPABILITIES
FOR THE DEPARTMENT OF DEFENSE.
(a) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1614]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 4571 note.>> PILOT PROGRAMS FOR
DEPLOYMENT OF TELECOMMUNICATIONS
INFRASTRUCTURE TO FACILITATE 5G DEPLOYMENT
ON MILITARY INSTALLATIONS.
(a) Plans.--
(1) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1615]]
(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) <<NOTE: List.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Assessment.>> An assessment of need for
centralized processes and points of contacts to
facilitate deployment of the telecommunications
infrastructure.
(b) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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
[[Page 135 STAT. 1616]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date. Consultation. Certification.>>
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
[[Page 135 STAT. 1617]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Plans.>> 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 <<NOTE: Effective date. Reports. Plans.>> 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
[[Page 135 STAT. 1618]]
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) <<NOTE: Certification. Effective date.>> 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) <<NOTE: Deadline. Schedule>> 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) <<NOTE: Effective date.>> 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 <<NOTE: Certification.>> 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.
[[Page 135 STAT. 1619]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Schedule.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> Elements.--The report required under
subsection (a) shall include the following:
(1) <<NOTE: Analysis.>> 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.
[[Page 135 STAT. 1620]]
(3) <<NOTE: Deadline.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Deadline.>> 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:
[[Page 135 STAT. 1621]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analysis.>> 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.
[[Page 135 STAT. 1622]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: List.>> 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) <<NOTE: Timelines.>> timelines for integrating autonomy
software into the systems as identified under paragraph (1);
(3) <<NOTE: Requirements.>> funding requirements related to
the development, acquisition, and testing of autonomy software
for such systems;
(4) <<NOTE: Plans.>> plans to leverage advanced artificial
intelligence technologies, as appropriate, for such systems;
(5) <<NOTE: Plans.>> 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) <<NOTE: List.>> 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. <<NOTE: Time periods.>> 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. <<NOTE: Determinations. Analyses.>> Each such report shall
include--
[[Page 135 STAT. 1623]]
(1) for each such recommendation, a determination of whether
the Secretary of Defense intends to implement the
recommendation;
(2) <<NOTE: Timeline. Plan.>> 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.
[[Page 135 STAT. 1624]]
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.
[[Page 135 STAT. 1625]]
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 <<NOTE: 10 USC 111 prec.>> 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) <<NOTE: 10 USC 118b note.>> is amended by striking
``section 118a'' and inserting ``section 118b''.
[[Page 135 STAT. 1626]]
(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) <<NOTE: 10 USC 2864 note.>> 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.--
<<NOTE: Coordination. Determination.>> 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) <<NOTE: Cost estimate.>> 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
[[Page 135 STAT. 1627]]
report, including loss of or damage to military networks,
systems, installations, facilities, and other assets and
capabilities of the Department.
``(9) <<NOTE: Assessment.>> An assessment of
vulnerabilities to military installation resilience.''.
(2) <<NOTE: 10 USC 2925 note.>> 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) <<NOTE: 10 USC 2864 note.>> 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. <<NOTE: 10 USC 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) <<NOTE: Definition.>> 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.
[[Page 135 STAT. 1628]]
``(b) <<NOTE: Standards. Requirement.>> 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) <<NOTE: Determination.>> any other energy or
resiliency standards the Secretary determines are appropriate.
``(2) <<NOTE: Waiver authority.>> 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) <<NOTE: Determination.>> determines that such waiver
is in the national security interest of the United States; and
``(B) <<NOTE: Notice.>> 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 <<NOTE: 10 USC 2911 prec.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Survey.>> Such survey shall include the
following:
(A) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 1629]]
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) <<NOTE: Timeline.>> A timeline of necessary actions
required to meet the energy assessment targets for covered data
centers.
(2) <<NOTE: Cost estimate.>> The estimated costs associated
with meeting such targets.
(3) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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
[[Page 135 STAT. 1630]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1631]]
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) <<NOTE: Definition.>> 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:
[[Page 135 STAT. 1632]]
``(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,
[[Page 135 STAT. 1633]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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. <<NOTE: Deadlines.>> ENERGY, WATER, AND WASTE NET-ZERO
REQUIREMENT FOR MAJOR MILITARY
INSTALLATIONS.
(a) <<NOTE: 10 USC 2911 note.>> 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) <<NOTE: Contracts. Assessments.>> Study.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary shall seek to enter into
[[Page 135 STAT. 1634]]
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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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) <<NOTE: 10 USC 2911 note.>> 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. <<NOTE: 10 USC 4811 note.>> DEMONSTRATION PROGRAM ON
DOMESTIC PRODUCTION OF RARE EARTH ELEMENTS
FROM COAL BYPRODUCTS.
(a) <<NOTE: Deadline.>> 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:
[[Page 135 STAT. 1635]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2911 note.>> LONG-DURATION DEMONSTRATION
INITIATIVE AND JOINT PROGRAM.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1636]]
(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) <<NOTE: Public information.>> 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. <<NOTE: Evaluations. 10 USC 2911 note.>> 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. <<NOTE: 10 USC 2911 note.>> DEPARTMENT OF DEFENSE PLAN
TO REDUCE GREENHOUSE GAS EMISSIONS.
(a) <<NOTE: Deadline.>> 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).
[[Page 135 STAT. 1637]]
Subtitle C--National Security Climate Resilience
SEC. 331. <<NOTE: 10 USC 113 note.>> 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. <<NOTE: 10 USC 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) <<NOTE: Requirements.>> 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) <<NOTE: Requirements.>> 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
[[Page 135 STAT. 1638]]
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 <<NOTE: 10 USC 2281 prec.>> 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. <<NOTE: 10 USC 113 note.>> 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
[[Page 135 STAT. 1639]]
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) <<NOTE: Standards. Data.>> 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) <<NOTE: Review.>> 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) <<NOTE: Time period.>> 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,
[[Page 135 STAT. 1640]]
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) <<NOTE: Determination.>> 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:
[[Page 135 STAT. 1641]]
``Sec. 2714. <<NOTE: 10 USC 2714.>> Perfluoroalkyl substances and
polyfluoroalkyl substances task force
``(a) <<NOTE: Establishment.>> 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) <<NOTE: Coordination.>> Coordinating within the
Department of Defense with respect to mitigating the effects of
the release of perfluoroalkyl substances and polyfluoroalkyl
substances.
``(4) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1642]]
``Sec. 2715. <<NOTE: 10 USC 2715.>> Testing for perfluoroalkyl
substances and polyfluoroalkyl substances at
military installations and facilities of the
National Guard
``(a) <<NOTE: Deadline. Assessment. Effective date.>> 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 <<NOTE: 10 USC 2700 prec.>> 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) <<NOTE: Time period.>> 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;
[[Page 135 STAT. 1643]]
(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) <<NOTE: Timelines.>> 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), <<NOTE: 134 Stat. 3533.>> is further amended by
striking ``fiscal years 2019, 2020, and 2021'' and inserting ``fiscal
years 2019 through 2023''.
SEC. 343. <<NOTE: 10 USC 2701 note.>> TEMPORARY MORATORIUM ON
INCINERATION BY DEPARTMENT OF DEFENSE OF
PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL
SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.
(a) <<NOTE: Time period.>> 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) <<NOTE: Federal Register, publication.>> The date on
which the Administrator of the Environmental Protection Agency
publishes in the Federal Register
[[Page 135 STAT. 1644]]
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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> recommendations for the
safe storage of PFAS and PFAS-containing materials prior to
destruction and disposal.
(d) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 2701 note.>> REVIEW AND GUIDANCE
RELATING TO PREVENTION AND MITIGATION OF
SPILLS OF AQUEOUS FILM-FORMING FOAM.
(a) <<NOTE: Deadline.>> 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''). <<NOTE: Assessments.>> Such review shall
assess the following:
(1) <<NOTE: Guidelines.>> 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.
[[Page 135 STAT. 1645]]
(2) <<NOTE: Requirements.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline. Recommenda- tions.>> 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) <<NOTE: Deadline. Summary.>> 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. <<NOTE: 10 USC 2715 note.>> PUBLIC DISCLOSURE OF
RESULTS OF DEPARTMENT OF DEFENSE TESTING
OF WATER FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) Public Disclosure of Results.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Time period. Timeline.>> 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
[[Page 135 STAT. 1646]]
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) <<NOTE: Web postings.>> 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) <<NOTE: Federal Register, publication.>> 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)).
[[Page 135 STAT. 1647]]
(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. <<NOTE: 10 USC 2679 note.>> REVIEW OF AGREEMENTS WITH
NON-DEPARTMENT ENTITIES WITH RESPECT TO
PREVENTION AND MITIGATION OF SPILLS OF
AQUEOUS FILM-FORMING FOAM.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> Matters.--The review under subsection (a)
shall assess, with respect to the agreements specified in such
subsection, the following:
(1) <<NOTE: Guidelines.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline. Requirements. Recommenda- tions.>>
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) <<NOTE: Deadline. Summary.>> 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
[[Page 135 STAT. 1648]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimates. Effective date.>> 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
[[Page 135 STAT. 1649]]
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) <<NOTE: State listing.>> 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.
[[Page 135 STAT. 1650]]
(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--
[[Page 135 STAT. 1651]]
(1) in subsection (c)--
(A) <<NOTE: Coordination.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Appointments.>> 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).
[[Page 135 STAT. 1652]]
``(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) <<NOTE: Coordination.>> 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. <<NOTE: Updates. Time period. Plan.>>
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) <<NOTE: Assessments.>> The strategy required under paragraph
(1) shall include the following:
``(A) <<NOTE: Plan.>> 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.
[[Page 135 STAT. 1653]]
``(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) <<NOTE: Procedures. Recommenda- tions.>> 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) <<NOTE: Deadline. Time period.>> 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. <<NOTE: Update.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Plan.>> 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.--
[[Page 135 STAT. 1654]]
(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. <<NOTE: 10 USC 2927.>> Global bulk fuel management
and delivery
``(a) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>> 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 <<NOTE: 10 USC 2924 prec.>> is amended by adding at
the end the following new item:
``2927. Global bulk fuel management and delivery.''.
(b) <<NOTE: Deadline. Reviews.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1655]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: List. Recommenda- tions.>> 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) <<NOTE: 10 USC 2922 note.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1656]]
use as an alternative to current solutions of the Department of Defense
for the control and mitigation of corrosion.
(b) <<NOTE: Requirements.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 2476 note.>> PILOT PROGRAM ON DIGITAL
OPTIMIZATION OF ORGANIC INDUSTRIAL BASE
MAINTENANCE AND REPAIR OPERATIONS.
(a) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Analysis.>> The analysis of material flow and
resource use to achieve key performance metrics for all levels
of maintenance and repair.
(4) <<NOTE: Assessment.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Plans.>> any plans to undertake such
investments; and
[[Page 135 STAT. 1657]]
(5) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 8013 note.>> IMPROVED OVERSIGHT FOR
IMPLEMENTATION OF SHIPYARD INFRASTRUCTURE
OPTIMIZATION PROGRAM OF THE NAVY.
(a) Updated Plan.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Update. Cost estimate.>> 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) <<NOTE: Schedule.>> 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) <<NOTE: Estimate.>> An estimate of the
likelihood that programmed and planned funds for such
project will be sufficient for the completion of the
project.
[[Page 135 STAT. 1658]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Updates. Estimates.>> 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) <<NOTE: Estimates.>> the cost and
schedule estimates for full implementation of such
program.
(B) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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).
[[Page 135 STAT. 1659]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Certification. Determination.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Determination.>> 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;
[[Page 135 STAT. 1660]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Determination.>> 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--
[[Page 135 STAT. 1661]]
(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. <<NOTE: 10 USC 2722 note.>> INCIDENT REPORTING
REQUIREMENTS FOR DEPARTMENT OF DEFENSE
REGARDING LOST OR STOLEN WEAPONS.
(a) <<NOTE: Time periods.>> 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,
[[Page 135 STAT. 1662]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 501 note prec.>> STRATEGY AND ANNUAL
REPORT ON CRITICAL LANGUAGE PROFICIENCY OF
SPECIAL OPERATIONS FORCES.
(a) Strategy.--
(1) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Requirements.>> 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.
[[Page 135 STAT. 1663]]
(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) <<NOTE: Plan.>> An annual plan to enhance and
maintain foreign language proficiency within the special
operations forces of each Armed Force.
(F) <<NOTE: Plan.>> An annual plan to retain
members of the special operation forces of each Armed
Force who have proficiency in a foreign language.
(G) <<NOTE: Determination.>> 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) <<NOTE: Plan. Determination.>> 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) <<NOTE: Time period. Coordination.>> 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) <<NOTE: Coordination.>> 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:
[[Page 135 STAT. 1664]]
``(C) <<NOTE: Notice. Assessment.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 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) <<NOTE: Time period.>> 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;
[[Page 135 STAT. 1665]]
``(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) <<NOTE: Coordination.>> 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.
[[Page 135 STAT. 1666]]
``(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) <<NOTE: Regulations.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Time period.>> 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 <<NOTE: 10 USC 171 prec.>> is amended by inserting after
the item relating to section 183a the following new item:
``184. Joint Safety Council.''.
(c) <<NOTE: 10 USC 184 note.>> 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.
[[Page 135 STAT. 1667]]
(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) <<NOTE: Plan.>> A detailed plan of action for the
implementation of each recommendation included in such report.
(4) <<NOTE: Recommenda- tions. Determination.>> 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. <<NOTE: 10 USC 2001 note prec.>> 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).
[[Page 135 STAT. 1668]]
(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) <<NOTE: Effective date.>> 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. <<NOTE: Recommenda- tions.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Procedures.>> proposed procedures for
safeguarding privileged and sensitive data and safety
information collected during the investigation review process;
and
(7) <<NOTE: Reports. Assessment.>> 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) <<NOTE: Deadline. Timeline.>> 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. <<NOTE: Deadlines. 10 USC 2001 note prec.>>
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
[[Page 135 STAT. 1669]]
``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) <<NOTE: Summary.>> a summary of actions that have been
or will be taken to implement the recommendation; and
(2) <<NOTE: Schedule.>> 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) <<NOTE: Summary.>> a summary of
alternative actions the Secretary plans to take to
address the conditions underlying the
recommendation.
(c) <<NOTE: Definition.>> 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. <<NOTE: Deadlines. 10 USC 113 note.>> 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) <<NOTE: Updates.>> 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
[[Page 135 STAT. 1670]]
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) <<NOTE: 10 USC 8605 note.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Timeframes.>> An identification of timeframes
for achieving the goals identified pursuant to paragraph (3).
(c) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 4001 note.>> 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.
[[Page 135 STAT. 1671]]
(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. <<NOTE: 10 USC 3062 note.>> PILOT PROGRAM ON MILITARY
WORKING DOG AND EXPLOSIVES DETECTION
CANINE HEALTH AND EXCELLENCE.
(a) <<NOTE: Deadline.>> 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. <<NOTE: Consultation.>> 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) <<NOTE: Evaluation.>> evaluate current Department
guidance for the procurement of military working dogs to ensure
that pricing structures and procurement requirements for foreign
and domestic canine
[[Page 135 STAT. 1672]]
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. <<NOTE: 10 USC 113 note.>> DEPARTMENT OF DEFENSE
RESPONSE TO MILITARY LAZING INCIDENTS.
(a) Investigation Into Lazing of Military Aircraft.--
(1) <<NOTE: Time period.>> 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. <<NOTE: Coordination. Collaboration.>>
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) <<NOTE: Memorandum.>> 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. <<NOTE: Determination. Research and
development.>> If the Secretary determines that no such laser eye
protection equipment is available, the Secretary shall conduct research
and develop such equipment.
[[Page 135 STAT. 1673]]
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) <<NOTE: Determination.>> 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.
[[Page 135 STAT. 1674]]
(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
[[Page 135 STAT. 1675]]
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.
[[Page 135 STAT. 1676]]
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.
[[Page 135 STAT. 1677]]
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.
[[Page 135 STAT. 1678]]
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) <<NOTE: President. Appointments.>> 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
[[Page 135 STAT. 1679]]
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) <<NOTE: Effective date. Time period. Notice.>> 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) <<NOTE: President. Appointments.>> 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) <<NOTE: Effective date. Time period. Notice.>> 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.''.
[[Page 135 STAT. 1680]]
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) <<NOTE: Time period.>> 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) <<NOTE: Contracts. Analysis.>> 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;
[[Page 135 STAT. 1681]]
(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) <<NOTE: Study.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Records.>> A copy of the report
submitted under paragraph (1) without change.
(B) <<NOTE: Recommenda- tions.>> 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:
[[Page 135 STAT. 1682]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Plan. Time period.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 32 USC 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).''.
[[Page 135 STAT. 1683]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 32 USC 301 prec.>> is amended by adding at the end
the following new item:
``329. Prohibition on private funding for interstate deployment.''.
SEC. 513. <<NOTE: 10 USC 7013 note.>> ACCESS TO TOUR OF DUTY
SYSTEM.
(a) Access.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Deadline. 32 USC 901 note.>> 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. <<NOTE: Termination date. Analysis. Assessment.>>
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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1684]]
(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) <<NOTE: Consultation. Coordination.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Recommenda- tions.>> recommendations for
legislation as appropriate.
(b) <<NOTE: Plans.>> Contents.--The report submitted under this
section shall include a description of--
(1) <<NOTE: Assessment. Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Review. Assessment.>> 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
[[Page 135 STAT. 1685]]
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. <<NOTE: Assessments.>> 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
[[Page 135 STAT. 1686]]
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 <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: Deadlines. Determinations. 10 USC 501 note
prec.>> 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) <<NOTE: Assessment.>> 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.
[[Page 135 STAT. 1687]]
(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) <<NOTE: Data review. Time period.>> Determine, by
reviewing data from calendar years 2017 through 2021, whether
military accessions (including such accessions pursuant to
waivers) vary, by geographic region.
(7) <<NOTE: Data review. Time period.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Regulations. 10 USC 503 note.>> 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) <<NOTE: Coordination. 10 USC 1142 note.>> 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. <<NOTE: 10 USC 1071 note.>> APPEALS TO PHYSICAL
EVALUATION BOARD DETERMINATIONS OF FITNESS
FOR DUTY.
Not <<NOTE: Deadline. Timelines. Procedures.>> 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.
[[Page 135 STAT. 1688]]
(2) <<NOTE: Hearings. Determination.>> 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. <<NOTE: 10 USC 2871 note.>> COMMAND OVERSIGHT OF
MILITARY PRIVATIZED HOUSING AS ELEMENT OF
PERFORMANCE EVALUATIONS.
(a) <<NOTE: Assessment.>> 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. <<NOTE: Records.>> FEASIBILITY STUDY ON ESTABLISHMENT
OF HOUSING HISTORY FOR MEMBERS OF THE
ARMED FORCES WHO RESIDE IN HOUSING
PROVIDED BY THE UNITED STATES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 1689]]
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) <<NOTE: Effective date. Time period. Reports.>> 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) <<NOTE: Review.>> shall include a review of national
mobilization strategic and operational concepts; and
``(B) <<NOTE: Plans.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Review.>> A review of national
mobilization strategic and operational concepts.
[[Page 135 STAT. 1690]]
(B) A simulation of a mobilization of all Armed
Forces and reserve units, with plans and processes for
incorporating Selective Service System inductees.
(C) <<NOTE: Assessment.>> An assessment of the
Selective Service system in the current organizational
form.
(D) <<NOTE: Assessment.>> An assessment of the
Selective Service System as a peace-time registration
system.
(E) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Effective date. 10 USC 517 note.>> Exemption.--Sections
517 and 523 of title 10, United States Code, shall not apply to the
Space Force until January 1, 2023.
(b) <<NOTE: Deadline.>> 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. <<NOTE: Consultation. Review.>> 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) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> A description and assessment of
the various appeals processes and procedures described in
subsection (a), including--
[[Page 135 STAT. 1691]]
(A) a description of such processes and procedures;
and
(B) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Analysis. Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Evaluations.>> 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).
[[Page 135 STAT. 1692]]
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. <<NOTE: 10 USC 824a.>> Art 24a. Special trial
counsel
``(a) <<NOTE: Regulations.>> 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) <<NOTE: Regulations.>> 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;
[[Page 135 STAT. 1693]]
``(B) refer the charges and specifications for trial
by a special or general court-martial;
``(C) enter into a plea agreement; and
``(D) <<NOTE: Determination.>> 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), <<NOTE: 10 USC 822 prec.>> is
amended by inserting after the item relating to section 824 (article 24)
the following new item:
``824a. Art 24a. Special trial counsel.''.
(c) <<NOTE: Plans.>> 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) <<NOTE: Estimate.>> 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.
[[Page 135 STAT. 1694]]
(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. <<NOTE: 10 USC 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) <<NOTE: Establishment.>> 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) <<NOTE: Appointment.>> 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
[[Page 135 STAT. 1695]]
``(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, <<NOTE: 10 USC 1030 prec.>>
is amended by inserting after the item relating to section 1044e the
following new item:
``1044f. Policies with respect to special trial counsel.''.
(c) <<NOTE: Deadline.>> 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);
[[Page 135 STAT. 1696]]
``(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) <<NOTE: Determinations.>> 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
[[Page 135 STAT. 1697]]
``(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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1698]]
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.''.
[[Page 135 STAT. 1699]]
(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. <<NOTE: Consultation. Contracts. 10 USC 801 note.>>
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. <<NOTE: 10 USC 801 note.>> EFFECTIVE DATE.
(a) <<NOTE: Applicability.>> 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) <<NOTE: President. Deadline.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 934 note.>> INCLUSION OF SEXUAL
HARASSMENT AS GENERAL PUNITIVE ARTICLE.
(a) <<NOTE: Deadline. President.>> In General.--Not later than 30
days after the date of the enactment of this Act, the President shall--
(1) <<NOTE: Regulations.>> prescribe regulations
establishing sexual harassment, as described in this section, as
an offense punishable under
[[Page 135 STAT. 1700]]
section 934 of title 10, United States Code (article 134 of the
Uniform Code of Military Justice); and
(2) <<NOTE: Revision.>> 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) <<NOTE: Determinations.>> the members shall
determine--
[[Page 135 STAT. 1701]]
``(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) <<NOTE: Determinations.>> 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.--
[[Page 135 STAT. 1702]]
``(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. <<NOTE: Statement.>> 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)--
[[Page 135 STAT. 1703]]
(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) <<NOTE: Review.>> 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
[[Page 135 STAT. 1704]]
``(C) any information required by rule or order of
the Court of Criminal Appeals.''.
(e) <<NOTE: 10 USC 856 note.>> Establishment of Sentencing
Parameters and Sentencing Criteria.--
(1) <<NOTE: Deadline. President. Regulations.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Designations.>> Military sentencing parameters
and criteria board.--
(A) <<NOTE: Establishment.>> 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.
[[Page 135 STAT. 1705]]
(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. <<NOTE: Appointment.>> 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
[[Page 135 STAT. 1706]]
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) <<NOTE: Reviews. Revisions.>>
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) <<NOTE: Proposals. Statements.>>
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) <<NOTE: Consultation.>> 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) <<NOTE: Proposals. Statements.>> 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) <<NOTE: Applicability. 10 USC 853 note.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1707]]
(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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1708]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Plan.>> 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.''.
[[Page 135 STAT. 1709]]
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 <<NOTE: 10 USC 877 prec.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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
[[Page 135 STAT. 1710]]
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, <<NOTE: 10 USC 1561 prec.>>
is amended by striking the item relating to section 1561 and inserting
the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(c) <<NOTE: 10 USC 1561 note.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Deadline. 10 USC 1561 note.>> 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. <<NOTE: 10 USC 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;
[[Page 135 STAT. 1711]]
``(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, <<NOTE: 10 USC 1561 prec.>>
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
[[Page 135 STAT. 1712]]
(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. <<NOTE: 10 USC 1044e note.>> 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. <<NOTE: Deadlines. Consultations. Publications.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Strategy.>> 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.
[[Page 135 STAT. 1713]]
(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) <<NOTE: Estimate.>> Resources.--The plan shall
include an estimate of the resources (including costs,
staffing, and other resources) required to implement the
document management system.
(E) <<NOTE: Analysis.>> 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) <<NOTE: Time period.>> 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).
[[Page 135 STAT. 1714]]
(2) <<NOTE: Definition.>> 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. <<NOTE: 10 USC 1501 note prec.>> 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) <<NOTE: Updates.>> 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. <<NOTE: Notification.>> 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
[[Page 135 STAT. 1715]]
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. <<NOTE: Recommenda-
tions. Timeline. Determination.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Reports.>> 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) <<NOTE: 10 USC 1781 note.>> Implementation of Comptroller
General Recommendations.--
(1) <<NOTE: Consultations.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1716]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Memorandum.>> 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
[[Page 135 STAT. 1717]]
of understanding with qualified civilian victim
service organizations for purposes of providing
services to victims of domestic abuse in
accordance with clause (ii).
(ii) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Requirement.>> 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
[[Page 135 STAT. 1718]]
(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) <<NOTE: Strategy.>> 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) <<NOTE: Effective date.>> 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.
[[Page 135 STAT. 1719]]
(ii) <<NOTE: Requirements.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1720]]
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Assessments.>> 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
[[Page 135 STAT. 1721]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 1781 note.>> 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. <<NOTE: 10 USC 1561 note prec.>> ANNUAL PRIMARY
PREVENTION RESEARCH AGENDA.
(a) <<NOTE: Effective date. Time period. Publication.>> 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;
[[Page 135 STAT. 1722]]
(2) <<NOTE: Determination.>> 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) <<NOTE: Records. Data.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 501 note prec.>> 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) <<NOTE: Reports.>> 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--
[[Page 135 STAT. 1723]]
(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) <<NOTE: Strategies. Plans.>> 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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1724]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> submit to the appropriate
congressional committees a report that includes--
(A) the results of the evaluation conducted under
paragraph (1); and
(B) <<NOTE: Determination. Proposal.>> 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) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Analysis.>> 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
[[Page 135 STAT. 1725]]
(iii) the functions of such military and
civilian personnel.
(E) <<NOTE: Plans.>> A description of any plans of
the Secretary concerned to develop a more professional
workforce of military and civilian investigators.
(F) <<NOTE: Timeline.>> 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) <<NOTE: Time period. Notification.>> 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;
[[Page 135 STAT. 1726]]
(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. <<NOTE: 10 USC 827 note.>> 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. <<NOTE: Deadline. 10 USC 946 note.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions. Determination.>> 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
[[Page 135 STAT. 1727]]
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. <<NOTE: 10 USC 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;
[[Page 135 STAT. 1728]]
``(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 <<NOTE: 10 USC 480
prec.>> 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) <<NOTE: 10 USC 1561 note.>> Policy Required.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1729]]
(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) <<NOTE: Regulations.>> 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) <<NOTE: Deadline. Determination.>> 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
[[Page 135 STAT. 1730]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination. Analyses.>> If the Secretary
determines that the creation of such a specialty is feasible and
advisable--
(A) <<NOTE: Recommenda- tions.>> a recommendation
on the rank and level of experience required for a
military occupational speciality for Sexual Assault
Response Coordinators;
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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;
[[Page 135 STAT. 1731]]
(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) <<NOTE: Determination.>> 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) <<NOTE: 10
USC 141 note.>> 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)--
[[Page 135 STAT. 1732]]
(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.
[[Page 135 STAT. 1733]]
``(C) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Data.>> Data on allegations of hazing
and bullying in the Armed Forces, including final
disposition of investigations.
``(H) <<NOTE: Plans.>> Plans of the Secretary to
improve hazing and bullying prevention and response
during the next reporting year.''.
SEC. 549M. <<NOTE: Reports.>> 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) <<NOTE: 10
USC 2001 note prec.>> is amended--
(1) by striking subsections (d) and (e); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1734]]
``(B) <<NOTE: Coordination.>> 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) <<NOTE: Consultation.>> 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.
[[Page 135 STAT. 1735]]
``(C) <<NOTE: Assessment.>> 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) <<NOTE: Definition.>> 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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 2001 prec.>> is
amended by inserting before the item relating to section 2002
the following new item:
``2001. Human relations training.''.
[[Page 135 STAT. 1736]]
(2) <<NOTE: Repeal.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 7431
prec.>> 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.--
[[Page 135 STAT. 1737]]
(1) In general.--Chapter 853 of title 10, United States
Code, is amended by inserting after section 8454 the following
new section:
``Sec. 8454a. <<NOTE: 10 USC 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) <<NOTE: 10 USC 8451 prec.>> 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. <<NOTE: 10 USC 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.
[[Page 135 STAT. 1738]]
``(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) <<NOTE: 10 USC 9431 prec.>> 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) <<NOTE: Estimate.>> 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. <<NOTE: Time periods.>> 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.
[[Page 135 STAT. 1739]]
``(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) <<NOTE: 10 USC 2161 prec.>> 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. <<NOTE: 10 USC 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
[[Page 135 STAT. 1740]]
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) <<NOTE: Recommenda- tions.>> Degree and Credential Granting
Authority.--
``(1) <<NOTE: Regulations.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Records.>> 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
[[Page 135 STAT. 1741]]
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, <<NOTE: 10 USC 8591
prec.>> 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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 9401 prec.>> 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
[[Page 135 STAT. 1742]]
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. <<NOTE: 10 USC 7431 note.>> REGULATIONS ON CERTAIN
PARENTAL GUARDIANSHIP RIGHTS OF CADETS
AND MIDSHIPMEN.
(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadlines.>> 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.
[[Page 135 STAT. 1743]]
SEC. 559B. <<NOTE: Deadlines. Procedures. 10 USC 2001 note
prec.>> 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) <<NOTE: Coordination.>> 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 <<NOTE: Reports. Assessments.>> 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. <<NOTE: 10 USC 2151 note.>> PROFESSIONAL MILITARY
EDUCATION: REPORT; DEFINITION.
(a) Report.--
[[Page 135 STAT. 1744]]
(1) <<NOTE: Consultation.>> 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) <<NOTE: Analysis.>> Elements.--The report under this
subsection shall include the following elements:
(A) <<NOTE: Summary.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Consultation.>> 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.
[[Page 135 STAT. 1745]]
(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) <<NOTE: Analyses.>> 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) <<NOTE: Recommenda- tions.>> Recommendations of the
Secretary of Defense to improve such training or courses,
including the estimated costs to implement such improvements.
(11) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1746]]
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 <<NOTE: Deadline.>> 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)
[[Page 135 STAT. 1747]]
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) <<NOTE: Determination. Deadline. 10 USC 1781c note.>>
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) <<NOTE: Coordination. Requirement. Records.>> 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)
[[Page 135 STAT. 1748]]
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) <<NOTE: Deadline. Briefing. Evaluation. Determination.>>
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. <<NOTE: 10 USC 1784 note.>> PILOT PROGRAM TO ESTABLISH
EMPLOYMENT FELLOWSHIP OPPORTUNITIES FOR
MILITARY SPOUSES.
(a) <<NOTE: Deadline. Time period.>> 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. <<NOTE: Determinations.>> In carrying out the pilot program,
the Secretary shall take the following steps:
(1) <<NOTE: Contracts.>> 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) <<NOTE: Criteria.>> 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.
[[Page 135 STAT. 1749]]
(2) The amount of funding spent through the pilot program
annually.
(3) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Evaluation.>> An evaluation of outcomes.
(4) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 1781b note.>> POLICY REGARDING REMOTE
MILITARY INSTALLATIONS.
(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 1784 note.>> 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
[[Page 135 STAT. 1750]]
Resources'' (GAO-21-193). <<NOTE: Summaries.>> 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) <<NOTE: Schedule.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 135 STAT. 1751]]
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. <<NOTE: Deadline.>> 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. <<NOTE: Deadline.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1752]]
(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) <<NOTE: Determination.>> Other matters regarding such
legal services that the Secretary of Defense determines
appropriate.
(5) <<NOTE: Costs.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Data analysis.>> Methods by which data on POTFF
is collected and analyzed.
(7) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> Any other matter the
Comptroller General determines appropriate.
[[Page 135 STAT. 1753]]
(b) <<NOTE: Deadline.>> 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. <<NOTE: 37 USC 418 note.>> REDUCTION OF GENDER-RELATED
INEQUITIES IN COSTS OF UNIFORMS TO MEMBERS
OF THE ARMED FORCES.
(a) <<NOTE: Deadline. Coordination. Determinations.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Coordination. Data. Recommenda- tions.>>
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
[[Page 135 STAT. 1754]]
to facilitate cost discussions and make recommendations
described in paragraph (1); and
(D) <<NOTE: Plans. Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination. Costs.>> 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 <<NOTE: Contracts.>> 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.
[[Page 135 STAT. 1755]]
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) <<NOTE: 134
Stat. 3639.>> 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) <<NOTE: 10
USC 503 note.>> 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. <<NOTE: President.>> 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.--
[[Page 135 STAT. 1756]]
(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
[[Page 135 STAT. 1757]]
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. <<NOTE: 10 USC 1121 note prec.>> 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.
[[Page 135 STAT. 1758]]
(b) Eligibility Requirements.--
(1) <<NOTE: Deadline. Determination.>> The Secretary of Defense shall,
within 180 days after the date of enactment of this Act, determine
eligibility requirements for this medal.
(2) <<NOTE: Time period. Criteria.>> 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. <<NOTE: Determination.>> 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. <<NOTE: 38 USC 2409 note.>> 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) <<NOTE: Determination.>> to make such other
updates and corrections to the memorial that the
Secretary determines necessary.
(2) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1759]]
the United States Marine Corps, depending on the branch of the Armed
Forces in which the chaplain served.
(c) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Statement.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1760]]
SEC. 586. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.
(a) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Summaries.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Proposal.>> 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.
[[Page 135 STAT. 1761]]
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. <<NOTE: 37 USC 402b.>> Basic needs allowance for
members on active service in the Armed Forces
``(a) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1762]]
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) <<NOTE: Determination.>> 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) <<NOTE: Update.>> 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
[[Page 135 STAT. 1763]]
``(B) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 1764]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> any other factor
the Secretary determines appropriate.
(D) <<NOTE: Determination.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1765]]
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 <<NOTE: 37 USC 401 prec.>> 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. <<NOTE: 37 USC 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 <<NOTE: 37 USC 301 prec.>> 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) <<NOTE: 37 USC 357 note.>> 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) <<NOTE: Plan.>> the plan of the Secretary to implement
section 357 of such title, as added by subsection (a);
(2) <<NOTE: Cost estimate.>> an estimate of the costs of
such implementation;
(3) the number of members described in such section; and
(4) <<NOTE: Determination.>> 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) <<NOTE: Determination. Certification.>> 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) <<NOTE: Reimbursement.>> 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
[[Page 135 STAT. 1766]]
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) <<NOTE: Regulations.>> 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--
[[Page 135 STAT. 1767]]
``(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) <<NOTE: Time periods.>> 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) <<NOTE: Reimbursement.>> 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) <<NOTE: Effective date.>> In General.--Effective December 31,
2021, subchapter III of chapter 8 of title 37, United States
Code, <<NOTE: >> is repealed.37 USC 471 prec. 471 and note, 472, 474-
474b,
475a-481f,
481h-481l,
484,
488-492,
494.
[[Page 135 STAT. 1768]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 8 of such title <<NOTE: 37 USC 451 prec.>> 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) <<NOTE: Deadline. Regulations. 10 USC 1401 note.>> 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 <<NOTE: Examination.>> 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
[[Page 135 STAT. 1769]]
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) <<NOTE: Recommenda- tions.>> 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
[[Page 135 STAT. 1770]]
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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> other
circumstances that the Secretary determines
reasonable and appropriate.
``(ii) <<NOTE: Requirements.>> 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
[[Page 135 STAT. 1771]]
(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) <<NOTE: Time period.>> 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) <<NOTE: 10 USC 701 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect one year after the date of the
enactment of this Act.
(c) <<NOTE: Deadline. 10 USC 701 note.>> 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) <<NOTE: 10 USC 701 note.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Time period.>> Under the regulations prescribed for
purposes of this subsection, a member taking leave under paragraph (1)
shall not have his or her leave account reduced as a result of taking
such leave if such member's accrued leave is fewer than 30 days. Members
with 30 or more days of accrued leave shall be charged for bereavement
leave until such point that the member's accrued leave is less than 30
days. Any remaining bereavement leave taken by such member in accordance
with paragraph (1) after such point shall not be chargeable to the
member.
[[Page 135 STAT. 1772]]
``(3) <<NOTE: Definition.>> 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) <<NOTE: 10 USC 701 note.>> 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) <<NOTE: 10
USC 1791 note.>> is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) <<NOTE: Determination.>> The Secretary may carry out the
pilot program at other locations the Secretary determines
appropriate.''.
SEC. 625. <<NOTE: 10 USC 1784 note.>> PILOT PROGRAM ON DIRECT
HIRE AUTHORITY FOR SPOUSES OF MEMBERS OF
THE UNIFORMED SERVICES AT LOCATIONS
OUTSIDE THE UNITED STATES.
(a) <<NOTE: Assessment.>> 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) <<NOTE: Appointments.>> 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.
[[Page 135 STAT. 1773]]
(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) <<NOTE: Data.>> Data on the members of the
uniformed services whose spouses have been appointed
under this section, including the rank of each such
member.
(E) <<NOTE: Recommenda- tions.>> 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
[[Page 135 STAT. 1774]]
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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1775]]
(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) <<NOTE: Appointments.>> 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) <<NOTE: Determinations. Recommenda- tions.>> 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) <<NOTE: Review. Assessment.>> 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) <<NOTE: Deadline. Coordination. Publication. Regulations. 10 USC
101 note.>> 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).''.
[[Page 135 STAT. 1776]]
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.
[[Page 135 STAT. 1777]]
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:
[[Page 135 STAT. 1778]]
``(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) <<NOTE: Definition.>> 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. <<NOTE: 10 USC 1090a.>> Identifying and treating
eating disorders.
``(a) <<NOTE: Regulations. Procedures.>> 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) <<NOTE: Definition.>> 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
[[Page 135 STAT. 1779]]
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 <<NOTE: 10 USC 1071 prec.>> , 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) <<NOTE: 10 USC 1079 note.>> 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) <<NOTE: Requirements.>> 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
[[Page 135 STAT. 1780]]
(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) <<NOTE: Requirements.>> 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) <<NOTE: Requirement.>> 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
[[Page 135 STAT. 1781]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: 10 USC 1074g note.>> in subsection (a)(1), by
striking ``may carry out'' and inserting ``shall carry out'';
[[Page 135 STAT. 1782]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: Deadlines. 10 USC 1071 note.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Evaluations. Consultations.>> 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
[[Page 135 STAT. 1783]]
to which it is appropriate to facilitate concurrent scheduling
of appointments for postpartum care with appointments for well-
baby care.
(2) <<NOTE: Evaluation.>> 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) <<NOTE: Time period. Plans.>> 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) <<NOTE: Plans. 10 USC 1073c note.>> 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.
[[Page 135 STAT. 1784]]
(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. <<NOTE: 10 USC 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) <<NOTE: Applicability.>>
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) <<NOTE: Contracts.>> 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 <<NOTE: 10 USC 1071 prec.>> is amended by inserting after
the item relating to section 1073e the following new item:
``1073f. Health care fraud and abuse prevention program.''.
[[Page 135 STAT. 1785]]
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. <<NOTE: 10 USC 1104a.>> Shared medical facilities
with Department of Veterans Affairs
``(a) <<NOTE: Contracts.>> 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
[[Page 135 STAT. 1786]]
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 <<NOTE: 10 USC 1071
prec.>> 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. <<NOTE: 38 USC 8111B.>> Shared medical facilities
with Department of Defense
``(a) <<NOTE: Contracts.>> 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
[[Page 135 STAT. 1787]]
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 <<NOTE: 38
USC 8010 prec.>> 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), <<NOTE: 134
Stat. 3708.>> is amended by striking ``September 30, 2022'' and
inserting ``September 30, 2023''.
[[Page 135 STAT. 1788]]
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) <<NOTE: Consultation. Coordination.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Determination.>> 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'';
[[Page 135 STAT. 1789]]
(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, <<NOTE: 10 USC 1071 prec.>> 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) <<NOTE: 10 USC 1110 note.>> 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) <<NOTE: Recommenda- tions.>> 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--
[[Page 135 STAT. 1790]]
(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) <<NOTE: Reimbursement.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Definitions.>> 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''.
[[Page 135 STAT. 1791]]
SEC. 720. <<NOTE: 10 USC 1110 note.>> 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. <<NOTE: Deadlines. 10 USC 1073d note.>> 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) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Plan.>> provides a plan for the staffing of
personnel at such centers to ensure the enduring medical support
of each such center.
[[Page 135 STAT. 1792]]
(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. <<NOTE: Data. 10 USC 1071 note.>> 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) <<NOTE: Coordination.>> 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. <<NOTE: Deadlines.>> 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:
[[Page 135 STAT. 1793]]
(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) <<NOTE: Plan. Timeline. Cost estimates.>> a plan to
implement such strategy, including the estimated timeline and
cost for such implementation.
SEC. 724. <<NOTE: Deadlines. 10 USC 1096 note.>> DEVELOPMENT AND
UPDATE OF CERTAIN POLICIES RELATING TO
MILITARY HEALTH SYSTEM AND INTEGRATED
MEDICAL OPERATIONS.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Determination. Risk analysis.>> include
a determination as to whether combat casualties should
receive medical care under the direct care
[[Page 135 STAT. 1794]]
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) <<NOTE: Cost estimate.>> 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) <<NOTE: Risk assessment.>> 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) <<NOTE: Determination.>> 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).
[[Page 135 STAT. 1795]]
(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) <<NOTE: Coordination.>> 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. <<NOTE: 10 USC 1071 note.>> 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. <<NOTE: Deadlines. 10 USC 101 note.>> STANDARDIZATION
OF DEFINITIONS USED BY THE DEPARTMENT OF
DEFENSE FOR TERMS RELATED TO SUICIDE.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Plan.>> 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.--
[[Page 135 STAT. 1796]]
(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), <<NOTE: 134 Stat. 3695.>> 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) <<NOTE: Assessments.>> Elements.--The report
under subparagraph (A) shall include the following:
(i) <<NOTE: Analysis. Determination.>> 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) <<NOTE: 10 USC 1073c note.>> Deadline for assignment.--
The Secretaries of the military departments shall ensure that
the Surgeons General
[[Page 135 STAT. 1797]]
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) <<NOTE: Time period.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Compliance.>> 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 <<NOTE: Effective dates.>> 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. <<NOTE: 10 USC 1071 note.>> 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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1798]]
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) <<NOTE: Consultation. Deadline.>> 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) <<NOTE: Data.>> 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. <<NOTE: 10 USC 7431 note.>> 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) <<NOTE: Termination date. Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Costs.>> 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
[[Page 135 STAT. 1799]]
include the United States Coast Guard Academy or the United States
Merchant Marine Academy.
SEC. 734. <<NOTE: Deadlines. 10 USC 1073 note.>> PILOT PROGRAM ON
ASSISTANCE FOR MENTAL HEALTH APPOINTMENT
SCHEDULING AT MILITARY MEDICAL TREATMENT
FACILITIES.
(a) <<NOTE: Time period.>> 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. <<NOTE: Assessments.>> 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) <<NOTE: Determination.>> determines that the waiver is
in the national security interests of the United States; and
(2) <<NOTE: Deadline.>> 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);
[[Page 135 STAT. 1800]]
(E) an explanation for how the waiver is in the
national security interests of the United States; and
(F) <<NOTE: Determination.>> any other information
the Secretary determines appropriate.
SEC. 736. <<NOTE: 10 USC 1161 note prec.>> LIMITATION ON CERTAIN
DISCHARGES SOLELY ON THE BASIS OF FAILURE
TO OBEY LAWFUL ORDER TO RECEIVE COVID-19
VACCINE.
(a) <<NOTE: Time period.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment. Determination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Reviews.>> A review of any guidelines
or industry standards of care adhered to in the
provision of applied behavior
[[Page 135 STAT. 1801]]
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) <<NOTE: Review.>> 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) <<NOTE: List. Recommenda- tions.>> 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) <<NOTE: Public information. Web posting.>> make such
report available on a public website in unclassified form.
SEC. 738. INDEPENDENT REVIEW OF SUICIDE PREVENTION AND RESPONSE AT
MILITARY INSTALLATIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Designations.>> 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) <<NOTE: Review.>> 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
[[Page 135 STAT. 1802]]
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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Hawaii. Deadlines.>> FEASIBILITY AND
ADVISABILITY STUDY ON ESTABLISHMENT OF
AEROMEDICAL SQUADRON AT JOINT BASE PEARL
HARBOR-HICKAM.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Costs.>> The overall cost of such
establishment.
(3) The length of time required for such establishment.
(4) <<NOTE: Requirements.>> 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).
[[Page 135 STAT. 1803]]
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) <<NOTE: Determination. Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> An assessment of the feasibility
and advisability of conducting digital breast tomosynthesis at
facilities of the Department that provide mammography services.
(9) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Time period.>> 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
[[Page 135 STAT. 1804]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Data.>> 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) <<NOTE: Data.>> 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) <<NOTE: Data.>> 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) <<NOTE: Determination.>> 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--
[[Page 135 STAT. 1805]]
(A) the elements specified in subparagraphs (A),
(B), (D), (E), (F), and (H) of paragraph (1); and
(B) <<NOTE: Determination.>> 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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> An assessment of the
extent to which such requirement was implemented, or is
currently being implemented.
(C) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> Briefing.--Not later than May 1,
2022, the Comptroller General shall brief the Committees on
Armed Services of the
[[Page 135 STAT. 1806]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Assessments.>> 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.
[[Page 135 STAT. 1807]]
(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) <<NOTE: Timeline.>> 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) <<NOTE: Coordination. Recommenda- tions.>> 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) <<NOTE: Requirements.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Costs.>> 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
[[Page 135 STAT. 1808]]
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) <<NOTE: Plan.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analyses. Time periods. Determinations.>> 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;
[[Page 135 STAT. 1809]]
(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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1810]]
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.
[[Page 135 STAT. 1811]]
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. <<NOTE: 10 USC 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) <<NOTE: Assessment.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Deadline. Designation.>> Senior Official.--Not later
than 180 days after the enactment of this section, the President of the
Defense Acquisition
[[Page 135 STAT. 1812]]
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) <<NOTE: Time period.>> 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, <<NOTE: 10 USC 1741 prec.>>
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. <<NOTE: 10 USC 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:
[[Page 135 STAT. 1813]]
``(A) <<NOTE: Determination.>> 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 <<NOTE: 10 USC 2531 prec.>> 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
[[Page 135 STAT. 1814]]
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283), <<NOTE: 10 USC 4871 prec.>> 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), <<NOTE: 10 USC 2531 prec.>> is further amended by
striking the item relating to section 2533e.
(3) <<NOTE: 10 USC 2533e note.>> 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) <<NOTE: Applicability. 10 USC 2533e note.>> 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. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>>
Not later than 45 days after the award of a contract for an amount
exceeding
[[Page 135 STAT. 1815]]
$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, <<NOTE: 10 USC 2375 prec.>> 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) <<NOTE: 10 USC 3458 note.>> Data collection.--
(A) <<NOTE: Analysis.>> 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) <<NOTE: Time period.>> 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
[[Page 135 STAT. 1816]]
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), <<NOTE: 10 USC 3451 prec.>> 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) <<NOTE: 10 USC 3458 note.>> 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) <<NOTE: Applicability. 10 USC 3458 note.>> 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 <<NOTE: 10 USC 3702.>> 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.--
[[Page 135 STAT. 1817]]
(1) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Certification. Determination.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> the specific data
elements needed to assess covered program
performance and associated risks, including
software development and cybersecurity
[[Page 135 STAT. 1818]]
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) <<NOTE: Criteria.>> 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) <<NOTE: Schedule.>> 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) <<NOTE: Time period. Updates.>> 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) <<NOTE: Data.>> identify the
organizations responsible for providing data for
inclusion in such reporting system and ensuring
that data is provided in a timely fashion;
(v) <<NOTE: Schedule.>> 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;
[[Page 135 STAT. 1819]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> An assessment of the underlying
causes of the poor performance of the program.
(3) <<NOTE: Plan.>> 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
[[Page 135 STAT. 1820]]
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) <<NOTE: Reviews. Analyses.>> 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
[[Page 135 STAT. 1821]]
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) <<NOTE: Deadline. Compliance. Recommenda- tions.>> 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. <<NOTE: Deadline.>> 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) <<NOTE: Coordination. Time periods.>> 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.
[[Page 135 STAT. 1822]]
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. <<NOTE: 10 USC 239c.>> Certain multiyear contracts
for acquisition of property: budget
justification materials
``(a) <<NOTE: Proposal.>> 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) <<NOTE: Assessments.>> Elements.--Each proposal required by
subsection (a) shall include the following:
``(1) <<NOTE: Costs.>> A detailed assessment of any
expected termination costs associated with the proposed
cancellation or covered modification of the multiyear contract.
``(2) <<NOTE: Update.>> 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.''.
[[Page 135 STAT. 1823]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title <<NOTE: 10 USC 221 prec.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Definitions.>> 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''.
[[Page 135 STAT. 1824]]
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) <<NOTE: Guidelines.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Certifications.>> The acquisition decision authority
for each services contract shall certify--
``(A) <<NOTE: Compliance.>> 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) <<NOTE: Audits. Compliance.>> 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:
[[Page 135 STAT. 1825]]
``(4) <<NOTE: Definition.>> 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'';
[[Page 135 STAT. 1826]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: Deadlines. 10 USC 4001 note.>> 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
[[Page 135 STAT. 1827]]
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) <<NOTE: Costs. Schedule.>> 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;
[[Page 135 STAT. 1828]]
(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;
[[Page 135 STAT. 1829]]
(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) <<NOTE: Time period. Compliance.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> the determination of
the traditional or nontraditional status of an entity
based on the parent company or majority owner of the
entity;
(C) <<NOTE: Determination.>> 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;
[[Page 135 STAT. 1830]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 1831]]
SEC. 825. <<NOTE: 10 USC 4021 note.>> 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) <<NOTE: Update. Deadline. Data.>> 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) <<NOTE: Deadline. Web posting. Database.>> 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.
[[Page 135 STAT. 1832]]
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) <<NOTE: Costs.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Deadline. Revision. 10 USC 4067 note.>> 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) <<NOTE: Plan. Analysis.>> 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''.
[[Page 135 STAT. 1833]]
SEC. 833. <<NOTE: 10 USC 4001 note.>> PILOT PROGRAM ON
ACQUISITION PRACTICES FOR EMERGING
TECHNOLOGIES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Acquisition plan.>> 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) <<NOTE: Assessment.>> continuous assessment of
performance metrics to measure project value for use in
program management and oversight;
(E) <<NOTE: Strategies.>> 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) <<NOTE: Determination. Recommenda- tions.>> 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) <<NOTE: Determination.>> 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.--
[[Page 135 STAT. 1834]]
(1) In general.--The Secretary of Defense may establish
procedures to terminate agreements awarded under the Pilot
Program.
(2) <<NOTE: Deadline.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Appointments.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 1835]]
(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) <<NOTE: Plan.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Time period.>> the date that is five years
after the date of the enactment of this Act.
SEC. 834. <<NOTE: 10 USC 4061 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reviews.>> 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,
[[Page 135 STAT. 1836]]
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) <<NOTE: Effective date.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analyses. Recommenda- tions.>> 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.
[[Page 135 STAT. 1837]]
(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) <<NOTE: Assessment. Costs.>> Best practices to
identify, assess, and monitor the accumulating costs technical
debt.
(9) <<NOTE: Criteria.>> 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) <<NOTE: Deadlines. Recommenda- tions.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Plan. Schedule.>> 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. <<NOTE: 10 USC 501 note prec.>> CADRE OF SOFTWARE
DEVELOPMENT AND ACQUISITION EXPERTS.
(a) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1838]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Coordination. Consultation.>> 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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1839]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Records. Data.>> 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) <<NOTE: Assessment.>> the ability to
continuously collect data on, assess, and mitigate
risks;
[[Page 135 STAT. 1840]]
``(ii) data analytics and business intelligence
tools and methods; and
``(iii) continuous development and continuous
delivery of secure software to implement the activities.
``(B) <<NOTE: Risk assessments.>> 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) <<NOTE: 10
USC 4811 note.>> 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. <<NOTE: 10 USC 3344 note prec.>> 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) <<NOTE: Requirement. Compliance.>> 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) <<NOTE: Certification.>> 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
[[Page 135 STAT. 1841]]
(2) <<NOTE: Records. Verification. Compliance. Determination.>>
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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 4811 note.>> 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) <<NOTE: Deadline. Termination date.>> In
general.--Not later than March 1, 2023, and quarterly
thereafter until March 1, 2026, each Secretary
[[Page 135 STAT. 1842]]
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. <<NOTE: 30 USC 1606 note.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Summary. Grants.>> 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) <<NOTE: Assessment. Costs.>> 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) <<NOTE: Recommenda- tions.>> 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).
[[Page 135 STAT. 1843]]
(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. <<NOTE: 10 USC 4811 note.>> PLAN AND REPORT ON
REDUCTION OF RELIANCE ON SERVICES,
SUPPLIES, OR MATERIALS FROM COVERED
COUNTRIES.
(a) <<NOTE: Consultation.>> 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. <<NOTE: China. 10 USC 4651 note prec.>> 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) <<NOTE: Deadline. Certification.>> 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--
[[Page 135 STAT. 1844]]
(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) <<NOTE: Definitions.>> 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.
[[Page 135 STAT. 1845]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: 134 Stat. 3764.>> is amended--
(1) in paragraph (1)--
[[Page 135 STAT. 1846]]
(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) <<NOTE: Determination.>> 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.
[[Page 135 STAT. 1847]]
``(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) <<NOTE: Coordination.>> 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) <<NOTE: Plan.>> 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.
[[Page 135 STAT. 1848]]
``(2) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Summary. Assessments.>> a
summary of the assessments conducted under
paragraph (2) with respect to a commercial e-
commerce portal model identified pursuant to such
paragraph;
``(ii) <<NOTE: List.>> a list of the types of
commercial products that could be procured using
models tested pursuant to subparagraph (A);
[[Page 135 STAT. 1849]]
``(iii) <<NOTE: Estimate.>> 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) <<NOTE: Update.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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. <<NOTE: 10 USC 4811 note.>> REQUIREMENT FOR INDUSTRY
DAYS AND REQUESTS FOR INFORMATION TO BE
OPEN TO ALLIED DEFENSE CONTRACTORS.
(a) <<NOTE: Deadline. Determination.>> 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
[[Page 135 STAT. 1850]]
executive'' have the meanings given such terms in section 101(a)
of title 10, United States Code.
SEC. 855. <<NOTE: Contracts. 10 USC 4651 note prec.>> EMPLOYMENT
TRANSPARENCY REGARDING INDIVIDUALS WHO
PERFORM WORK IN THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Disclosure Requirements.--
(1) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Effective date. Summaries.>> 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.
[[Page 135 STAT. 1851]]
SEC. 856. BRIEFING ON COMPLIANCE WITH CONTRACTOR LOBBYING
RESTRICTIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Consultation. Reports. Recommenda- tions.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Schedule.>> 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
[[Page 135 STAT. 1852]]
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) <<NOTE: Plan. 10 USC 3702 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> Determinations regarding status
of concerns.--
``(A) <<NOTE: Update.>> 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. <<NOTE: Deadline. Regulations. 15 USC 634 note.>>
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
[[Page 135 STAT. 1853]]
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. <<NOTE: 10 USC 4901 note.>> REPORT ON UNFUNDED
PRIORITIES OF THE SMALL BUSINESS
INNOVATION RESEARCH AND SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM.
(a) <<NOTE: Time period.>> 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
[[Page 135 STAT. 1854]]
(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) <<NOTE: Cost estimate.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Plan.>> the plan of the Department for
conducting oversight of third parties conducting assessments of
compliance with the applicable protocols under the framework.
SEC. 867. <<NOTE: 10 USC 221 note.>> 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
[[Page 135 STAT. 1855]]
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) <<NOTE: List.>> a list of the five highest performing
projects, as determined by the Secretary.
Subtitle H--Other Matters
SEC. 871. <<NOTE: 10 USC 191 note.>> MISSION MANAGEMENT PILOT
PROGRAM.
(a) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1856]]
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
[[Page 135 STAT. 1857]]
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) <<NOTE: Plan. Analysis.>> 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) <<NOTE: Time period. Effective date.>> 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) <<NOTE: Deadline. Termination date.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Time period. Termination date.>>
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--
[[Page 135 STAT. 1858]]
(A) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Data.>> the data collected and analysis
performed under subsection (d).
(g) <<NOTE: Effective date.>> 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.
[[Page 135 STAT. 1859]]
(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. <<NOTE: 10 USC 191 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 1860]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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.
[[Page 135 STAT. 1861]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Deadline. Contracts.>> 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
[[Page 135 STAT. 1862]]
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) <<NOTE: Evaluation.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Records.>> 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--
[[Page 135 STAT. 1863]]
(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. <<NOTE: 10 USC 3204 note.>> 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. <<NOTE: Procedures.>> --Under
a pilot program established under this section, the Secretary of Defense
shall establish procedures--
(1) <<NOTE: Verification.>> 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) <<NOTE: Certification.>> 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
[[Page 135 STAT. 1864]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Strategy. Plan.>> 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) <<NOTE: Assessment.>> An assessment of the
frequency and nature of the use of the authority under
the pilot program.
(B) <<NOTE: Assessment.>> 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.
[[Page 135 STAT. 1865]]
SEC. 875. <<NOTE: 10 USC 3344 note prec.>> 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) <<NOTE: Time period.>> The number of covered
contracts awarded during each of fiscal years 2016
through 2020.
(C) <<NOTE: Assessment.>> 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. <<NOTE: Deadlines. Contracts. 10 USC 2679 note.>>
NOTIFICATION OF CERTAIN INTERGOVERNMENTAL
SUPPORT AGREEMENTS.
(a) <<NOTE: Time periods. Reports.>> 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) <<NOTE: Time period.>> 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
[[Page 135 STAT. 1866]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Time period.>> 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
[[Page 135 STAT. 1867]]
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. <<NOTE: 10 USC 7532 note prec.>> MILITARY STANDARDS FOR
ARMOR MATERIALS IN VEHICLE SPECIFICATIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Strategy.>> 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:
[[Page 135 STAT. 1868]]
``(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) <<NOTE: Time periods.>> 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) <<NOTE: 10 USC 113 note.>> 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
[[Page 135 STAT. 1869]]
(B) <<NOTE: Designation. Effective date.>> 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, <<NOTE: 10 USC 131 prec.>> 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 <<NOTE: 10 USC 191 prec.>> is amended by
inserting after the item relating to section 197 the
following new item:
``198. Office of Local Defense Community Cooperation.''.
(b) <<NOTE: Time period. 10 USC 198 note.>> 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) <<NOTE: 10 USC 198 note.>> 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) <<NOTE: 10 USC 146 notes.>> 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
[[Page 135 STAT. 1870]]
(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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation. Recommenda- tions.>> 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
[[Page 135 STAT. 1871]]
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) <<NOTE: 10 USC 132a note.>> 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) <<NOTE: Determination. Deadline.>> 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)''.
[[Page 135 STAT. 1872]]
(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''.
[[Page 135 STAT. 1873]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Evaluation.>> 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.
[[Page 135 STAT. 1874]]
``(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) <<NOTE: Evaluation.>> 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) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Time period.>> 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) <<NOTE: Update.>> 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) <<NOTE: Determination.>> An identification of
any additional authorities or resources relating to
electromagnetic spectrum operations that the Secretary
determines is necessary to implement the strategy.
[[Page 135 STAT. 1875]]
``(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) <<NOTE: 10 USC 113 note.>> 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. <<NOTE: 10 USC 129a note.>> 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.
[[Page 135 STAT. 1876]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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. <<NOTE: 10 USC 501 note prec.>> DIGITAL TALENT
RECRUITING OFFICER.
(a) Digital Talent Recruiting for the Department of Defense.--
(1) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1877]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Summaries.>> 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. <<NOTE: 10 USC 111 note.>> 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
[[Page 135 STAT. 1878]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Deadline. Time period.>> 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).
[[Page 135 STAT. 1879]]
(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) <<NOTE: President.>> Exception.--Subsection (a) does not apply
if the President submits to the congressional defense committees--
(1) <<NOTE: Certification.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> An evaluation of the
missions, responsibilities, and associated force
structure of each geographic and functional combatant
command.
(C) <<NOTE: Assessment.>> An assessment of the
feasibility of alternative Unified Command Plan
structures.
(D) <<NOTE: Recommenda- tions.>> Recommendations,
if any, for alternative Unified Command Plan structures.
(E) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 1880]]
(F) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Analysis.>> An analysis of--
(A) the costs of establishing a Space National Guard
in accordance with subtitle C of title IX of H.R. 4350,
[[Page 135 STAT. 1881]]
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) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 1882]]
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.
[[Page 135 STAT. 1883]]
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) <<NOTE: Determination.>> 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''.
[[Page 135 STAT. 1884]]
SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION TECHNOLOGY
SYSTEMS USED IN DEPARTMENT OF DEFENSE
PLANNING, PROGRAMMING, BUDGETING, AND
EXECUTION PROCESS.
<<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Appointments.>> 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.
[[Page 135 STAT. 1885]]
(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;
[[Page 135 STAT. 1886]]
(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) <<NOTE: Examination.>> An examination of the
development of the documents described in subsection
(f)(1).
(B) <<NOTE: Analysis.>> 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) <<NOTE: Review.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Review.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1887]]
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) <<NOTE: Designation.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1888]]
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. <<NOTE: Compliance.>> 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) <<NOTE: Deadline. Consultation.>> 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).
[[Page 135 STAT. 1889]]
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) <<NOTE: Certification.>> 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
[[Page 135 STAT. 1890]]
(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. <<NOTE: 10 USC 8039.>> Deputy Commander of the Naval
Sea Systems Command for the Supervision of
Shipbuilding, Conversion, and Repair
``(a) <<NOTE: Appointment.>> 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.
[[Page 135 STAT. 1891]]
``(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) <<NOTE: Deadline. Summaries.>> 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
[[Page 135 STAT. 1892]]
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 <<NOTE: 10 USC 8031 prec.>> 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) <<NOTE: 10 USC 8039 prec.>> 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) <<NOTE: Appointment. Notification.>> 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. <<NOTE: 10 USC 8669c.>> Assessments required prior
to start of construction on first ship of a
shipbuilding program
``(a) <<NOTE: Time period.>> 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) <<NOTE: Reports.>> submits a report to the
congressional defense committees on the results of any
production readiness review;
``(2) <<NOTE: Certification.>> certifies to the
congressional defense committees that the findings of any such
review support commencement of construction; and
``(3) <<NOTE: Certification.>> 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:
[[Page 135 STAT. 1893]]
``(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) <<NOTE: Cost estimate.>> The Navy's estimated cost at
completion and the adequacy of the budget to support the
estimate.
``(5) <<NOTE: Estimate.>> 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 <<NOTE: 10 USC 8661 prec.>> 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:
[[Page 135 STAT. 1894]]
``Sec. 8678a. <<NOTE: 10 USC 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) <<NOTE: Time period.>> 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 <<NOTE: 10 USC 8661 prec.>> 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 <<NOTE: 10 USC 8661 prec.>> of
such title is conformed accordingly.
[[Page 135 STAT. 1895]]
(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) <<NOTE: Analysis. Contracts.>> 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. <<NOTE: 10 USC 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) <<NOTE: Cost estimate.>> The estimated cost of the
maintenance described pursuant to paragraph (1).
``(3) <<NOTE: Summary.>> 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) <<NOTE: Summary. Schedule.>> a summary of the
effects on the costs and schedule for each delay or
cancellation; and
``(B) <<NOTE: Deferment costs.>> the accrued
operational and fiscal cost of all the deferments over
the fiscal year.
``(b) <<NOTE: Public information. Web posting.>> 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 <<NOTE: 10 USC 8661 prec.>> amended by adding at the
end the following new section:
``8694. Annual report on ship maintenance.''.
[[Page 135 STAT. 1896]]
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. <<NOTE: 10 USC 8695.>> NAVY BATTLE FORCE SHIP
ASSESSMENT AND REQUIREMENT REPORTING.
``(a) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Time periods.>> 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.
[[Page 135 STAT. 1897]]
``(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 <<NOTE: 10 USC 8661 prec.>> is further
amended by adding at the end the following new item:
``8695. Navy battle force ship assessment and requirement reporting.''.
(c) <<NOTE: 10 USC 8695 note.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Review.>> 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) <<NOTE: Update.>> 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.
[[Page 135 STAT. 1898]]
(4) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination. Effective date.>> 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) <<NOTE: Deadline.>> 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).
[[Page 135 STAT. 1899]]
SEC. 1021. ASSESSMENT OF SECURITY OF GLOBAL MARITIME CHOKEPOINTS.
(a) <<NOTE: Reports.>> 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) <<NOTE: Timeline.>> the estimated timeline for
procuring and delivering such warships;
(B) <<NOTE: Cost estimate. Time period.>> 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
[[Page 135 STAT. 1900]]
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) <<NOTE: Timeline.>> the estimated timeline for
procuring and delivering such platforms; and
(B) <<NOTE: Cost estimate. Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Public information.>> 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''.
[[Page 135 STAT. 1901]]
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) <<NOTE: 134 Stat. 3847.>> , 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) <<NOTE: 134 Stat. 3846.>> , 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) <<NOTE: 134 Stat. 3847.>> , 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) <<NOTE: 134
Stat. 3847.>> , 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:
[[Page 135 STAT. 1902]]
(1) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan. Cost estimates.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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
[[Page 135 STAT. 1903]]
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:
[[Page 135 STAT. 1904]]
``Sec. 7102. <<NOTE: 10 USC 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) <<NOTE: Cost estimates.>> The estimated costs of such
change.
``(c) <<NOTE: Certification.>> 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 <<NOTE: 10 USC 7101 prec.>> 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--
[[Page 135 STAT. 1905]]
(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 <<NOTE: 18 USC 1381 prec.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1906]]
(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. <<NOTE: Time period. Reports.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1907]]
(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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1908]]
(d) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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,''.
[[Page 135 STAT. 1909]]
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 <<NOTE: 10 USC 111 prec.>>
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) <<NOTE: Web posting.>> 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) <<NOTE: 10 USC 122a note.>> 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
[[Page 135 STAT. 1910]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> conduct a second review
under subsection (a) and make a second determination under
subsection (b); and
``(B) <<NOTE: Reports.>> 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) <<NOTE: Procedures. Determination.>> 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). <<NOTE: Effective
date. Time period.>> 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) <<NOTE: Reports.>> 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.
[[Page 135 STAT. 1911]]
(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.
<<NOTE: Deadlines. Time periods.>> 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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1912]]
(b) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Coordination. Termination date.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Criteria.>> The launch criteria for such over-
the-horizon force.
(7) <<NOTE: Plans.>> Any plans to expand or adjust such
over-the-horizon force capabilities in the future, to account
for evolving terrorist threats in Afghanistan.
(8) <<NOTE: Assessment.>> An assessment of the terrorist
threat in Afghanistan.
(9) <<NOTE: Assessment.>> 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) <<NOTE: Plans.>> Contingency plans for the retrieval
or hostage rescue of United States citizens located in
Afghanistan.
(11) <<NOTE: Plans.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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.
[[Page 135 STAT. 1913]]
(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) <<NOTE: Analysis.>> 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. <<NOTE: 10 USC 139b note.>> OPTIMIZATION OF IRREGULAR
WARFARE TECHNICAL SUPPORT DIRECTORATE.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Publication.>> Department of Defense
Instruction Required.--Not later than 270 days after the date of the
enactment of this Act,
[[Page 135 STAT. 1914]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1915]]
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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;
[[Page 135 STAT. 1916]]
(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) <<NOTE: Time period. Classified information.>> 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) <<NOTE: Summary.>> 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,
[[Page 135 STAT. 1917]]
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) <<NOTE: Definition.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 1918]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Assessment.>> an assessment of whether
commercially available technologies may be used to carry out any
of the elements of the plan; and
(5) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 1919]]
subsection (a) in consultation with appropriate State and local election
officials.
(d) <<NOTE: Determination. Analysis.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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 <<NOTE: 10 USC 101 prec.>> 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 <<NOTE: 10 USC 111 prec.>> 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 <<NOTE: 10 USC 111 prec.>> 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''.
[[Page 135 STAT. 1920]]
(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 <<NOTE: 10 USC 671 prec.>> 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 <<NOTE: 10 USC 1061 prec.>> 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' ''.
[[Page 135 STAT. 1921]]
(25) The table of chapters at the beginning of part III of
subtitle A <<NOTE: 10 USC 2001 prec.>> 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) <<NOTE: 10 USC 2350a prec.>> , 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 <<NOTE: 10 USC 8742 prec.>> 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 <<NOTE: 10 USC 9081 prec.>> 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 <<NOTE: 10 USC 8131
prec. 10 USC 9401 prec.>> 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 <<NOTE: 10 USC
9401 prec.>> is amended to read as follows (and the table of
sections at the beginning of chapter 951 is conformed
accordingly):
[[Page 135 STAT. 1922]]
``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) <<NOTE: Effective date.>> 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) <<NOTE: 134 Stat. 3388.>> is
amended--
(1) by inserting ``(a) In General.--'' before ``This Act'';
and
(2) by adding at the end the following:
``(b) <<NOTE: 10 USC 101 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: 50 USC 4027 and note.>> is amended by
striking ``VI'' and inserting ``VII''.
(d) <<NOTE: 10 USC 101 note.>> 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'';
[[Page 135 STAT. 1923]]
(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 <<NOTE: 10 USC 9511 prec.>> 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 <<NOTE: 10 USC 2631 prec.>> , 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.''.
[[Page 135 STAT. 1924]]
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. <<NOTE: 36 USC 146.>> National Atomic Veterans Day
<<NOTE: President.>> ``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 <<NOTE: 36 USC 101 prec.>> is amended by adding at the end
the following new item:
``146. National Atomic Veterans Day.''.
SEC. 1085. <<NOTE: Deadline.>> 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. <<NOTE: California. Historic preservation.>> 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. <<NOTE: 40 USC 8903 note.>> 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. <<NOTE: 10 USC 991 note.>> 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.
[[Page 135 STAT. 1925]]
(b) Operational Data.--The Secretary of Defense shall--
(1) <<NOTE: Records.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 131 note.>> RESPONSIBILITIES FOR
NATIONAL MOBILIZATION; PERSONNEL
REQUIREMENTS.
(a) <<NOTE: Designation.>> 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) <<NOTE: Deadline. Plan.>> 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. <<NOTE: 10 USC 113 note.>> INDEPENDENT ASSESSMENT WITH
RESPECT TO ARCTIC REGION.
(a) Independent Assessment.--
(1) <<NOTE: Deadline. Consultation. Coordination. Time
period.>> 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
[[Page 135 STAT. 1926]]
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) <<NOTE: Analysis. Reviews.>> 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.
[[Page 135 STAT. 1927]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> a copy of the report,
in its entirety; and
(ii) <<NOTE: Analysis.>> 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) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Deadline.>> 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'').
[[Page 135 STAT. 1928]]
(B) Five-year plan for the initiative.--
(i) <<NOTE: Consultation.>> 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) <<NOTE: Summary.>> A summary
of progress made toward achieving the
objectives described in subsection
(a)(1).
(III) <<NOTE: Summary.>> 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) <<NOTE: Timeline.>> 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--
[[Page 135 STAT. 1929]]
(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 <<NOTE: Expiration 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
[[Page 135 STAT. 1930]]
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
[[Page 135 STAT. 1931]]
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
[[Page 135 STAT. 1932]]
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) <<NOTE: Designation.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1933]]
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) <<NOTE: Appointment.>> 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. <<NOTE: Compliance.>> 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.
[[Page 135 STAT. 1934]]
(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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline. Time period. Consultation. Classified
information.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 1935]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: Afghanistan War Commission Act of 2021.>>
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:
[[Page 135 STAT. 1936]]
(1) <<NOTE: Time period.>> 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) <<NOTE: Appointments.>> 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;
[[Page 135 STAT. 1937]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Expiration date.>> 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.
[[Page 135 STAT. 1938]]
(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) <<NOTE: Deadline.>> 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)--
[[Page 135 STAT. 1939]]
(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;
[[Page 135 STAT. 1940]]
(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) <<NOTE: Recommenda- tions.>> 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
[[Page 135 STAT. 1941]]
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) <<NOTE: Public information. Web posting.>>
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) <<NOTE: List.>> 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
[[Page 135 STAT. 1942]]
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) <<NOTE: Deadline. Consultation.>> 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. <<NOTE: Compliance.>> 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
[[Page 135 STAT. 1943]]
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'').
[[Page 135 STAT. 1944]]
(2) <<NOTE: Deadline.>> 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 <<NOTE: Expiration 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.
[[Page 135 STAT. 1945]]
(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) <<NOTE: Appraisal.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> An assessment of how the
national defense strategy leverages other elements of
national power across the interagency to counter near-
peer competitors.
(F) <<NOTE: Evaluation.>> An evaluation of the
resources necessary to support the strategy, including
budget recommendations.
(G) <<NOTE: Examination.>> 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) <<NOTE: Analysis.>> An analysis of the force
planning construct, including--
(i) the size and shape of the force;
[[Page 135 STAT. 1946]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1947]]
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) <<NOTE: Appointment.>> 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) <<NOTE: Contracts.>> 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. <<NOTE: Compliance.>> 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.
[[Page 135 STAT. 1948]]
(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) <<NOTE: Deadline. Consultation.>> 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.
[[Page 135 STAT. 1949]]
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''.
[[Page 135 STAT. 1950]]
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) <<NOTE: 10 USC 1580 note prec.>> 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 <<NOTE: 10 USC 1599e note.>> ,
is repealed.
(2) <<NOTE: 10 USC 1599e note.>> 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 <<NOTE: 10 USC 1580 prec.>> , 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''.
[[Page 135 STAT. 1951]]
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) <<NOTE: 5 USC 5519 note.>> 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.
[[Page 135 STAT. 1952]]
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) <<NOTE: Definitions.>> 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) <<NOTE: Time period.>> 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.''.
[[Page 135 STAT. 1953]]
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. <<NOTE: 5 USC 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 <<NOTE: 5 USC
6301 prec.>> , 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) <<NOTE: 134 Stat. 3890.>> , 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) <<NOTE: Plan.>> 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
[[Page 135 STAT. 1954]]
``(2) providing information to the leadership of the
Department and Congress on the implementation of the pilot
program and related policy issues.
``(g) <<NOTE: Deadline. Time period.>> 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) <<NOTE: 134 Stat. 3890.>> , is further amended by striking ``2022''
and inserting ``2023''.
SEC. 1115. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Determinations.>> Elements.--The assessment required
under subsection (a) shall include the following elements:
(1) <<NOTE: Time period.>> 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
[[Page 135 STAT. 1955]]
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) <<NOTE: Evaluation.>> 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) <<NOTE: Briefings.>> 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. <<NOTE: 5 USC 5942 note.>> INCREASE IN ALLOWANCE BASED
ON DUTY AT REMOTE WORKSITES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 971 note prec.>> 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) <<NOTE: Determination.>> 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.
[[Page 135 STAT. 1956]]
(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. <<NOTE: Deadline. 5 USC 5101 note.>> 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.
[[Page 135 STAT. 1957]]
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. <<NOTE: 10 USC 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.
[[Page 135 STAT. 1958]]
``(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 <<NOTE: 10
USC 331 prec.>> , 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--
[[Page 135 STAT. 1959]]
(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) <<NOTE: 128 Stat. 3537.>> 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.''.
[[Page 135 STAT. 1960]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 301 note.>> SECURITY COOPERATION
STRATEGY FOR CERTAIN COMBATANT COMMANDS.
(a) <<NOTE: Coordination.>> 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,
[[Page 135 STAT. 1961]]
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) <<NOTE: Time period.>> 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--
[[Page 135 STAT. 1962]]
(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) <<NOTE: Reviews.>> 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) <<NOTE: Evaluation.>> 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.
[[Page 135 STAT. 1963]]
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. <<NOTE: 10 USC 2241 note.>> 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) <<NOTE: Determination. Deadline.>> 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. <<NOTE: 10 USC 2241 note.>> 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
[[Page 135 STAT. 1964]]
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) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tion.>> 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) <<NOTE: Consultation.>> 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
[[Page 135 STAT. 1965]]
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) <<NOTE: Determination.>> 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) <<NOTE: List.>> 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) <<NOTE: List.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Public information.>> 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
[[Page 135 STAT. 1966]]
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) <<NOTE: Deadline.>> 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) <<NOTE: President.>> 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) <<NOTE: Determination.>> determines
that the waiver is in the national security
interest of the United States; and
``(ii) <<NOTE: Notification.>> submits to the
appropriate congressional committees a
notification of the exercise of the waiver.
``(B) Notice and wait.--
``(i) <<NOTE: Applicability. Time period.>>
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:
[[Page 135 STAT. 1967]]
``(I) <<NOTE: Plan. Cost
estimate.>> A detailed plan and cost
estimate for the project.
``(II) <<NOTE: Certification. President.
Compliance.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: President.>> 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,
[[Page 135 STAT. 1968]]
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) <<NOTE: Plan.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> An assessment of United States
diplomatic efforts to prevent Syria's re-entry into the Arab
League.
(11) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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.
[[Page 135 STAT. 1969]]
(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).''.
[[Page 135 STAT. 1970]]
(d) Waiver Authority.--Such section, as so amended, is further
amended by adding at the end the following:
``(o) Waiver Authority.--
``(1) <<NOTE: President.>> 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) <<NOTE: Determination.>> determines that the
waiver is in the national security interest of the
United States; and
``(B) <<NOTE: Notification.>> 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) <<NOTE: Applicability. Time period.>> 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) <<NOTE: Plan. Cost estimate.>> A
detailed plan and cost estimate for the project.
``(ii) <<NOTE: Certification. President.>> 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) <<NOTE: Applicability.>> 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.''.
[[Page 135 STAT. 1971]]
(e) <<NOTE: 10 USC 2241 note.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Strategy. Plan.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Reports.>> 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
[[Page 135 STAT. 1972]]
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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 2241 note.>> 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. <<NOTE: 10 USC 2241 note.>> 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) <<NOTE: Assessment.>> An assessment of each of the
following:
[[Page 135 STAT. 1973]]
(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''.
[[Page 135 STAT. 1974]]
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) <<NOTE: Determination.>> determines that a waiver is in
the national security interest of the United States; and
(2) <<NOTE: Notification.>> on the date on which the waiver
is invoked, submits a notification of the waiver and a
justification of the reason for seeking the waiver to--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
[[Page 135 STAT. 1975]]
SEC. 1235. REPORT ON RUSSIAN INFLUENCE OPERATIONS AND CAMPAIGNS
TARGETING MILITARY ALLIANCES AND
PARTNERSHIPS OF WHICH THE UNITED STATES
IS A MEMBER.
(a) <<NOTE: Time period. Termination date. Coordination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tion.>> 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.
[[Page 135 STAT. 1976]]
(11) Any other matters the Secretaries determine
appropriate.
(c) <<NOTE: Reports.>> 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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 1977]]
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) <<NOTE: Time period.>> 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;
[[Page 135 STAT. 1978]]
(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
[[Page 135 STAT. 1979]]
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) <<NOTE: Assessment.>> An assessment of
capabilities requirements to achieve such
objectives.
``(iii) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> An assessment of
security cooperation activities or resources
required to achieve such objectives.
``(vi)(I) <<NOTE: Plan.>> A plan to fully
resource United States force posture and
capabilities, including--
``(aa) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 1980]]
``(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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 1981]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 1982]]
``(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--
[[Page 135 STAT. 1983]]
``(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
[[Page 135 STAT. 1984]]
``(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.
[[Page 135 STAT. 1985]]
``(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) <<NOTE: Assessment.>> The Secretary's
assessment of the benefits the Chinese expect to gain
from such military-to-military contacts.
``(E) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Certification.>> 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.
[[Page 135 STAT. 1986]]
``(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. <<NOTE: 10 USC 113 note.>> 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. <<NOTE: 22 USC 3301 note.>> 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;
[[Page 135 STAT. 1987]]
(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.
[[Page 135 STAT. 1988]]
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) <<NOTE: Assessment.>> 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--
[[Page 135 STAT. 1989]]
(1) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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
[[Page 135 STAT. 1990]]
(E) programs for National Guard advisors to assist
in training the reserve components of the military
forces of Taiwan.
(3) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 1991]]
(A) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 1992]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> A description of
the limitations, constraints, and challenges
encountered in carrying out the comparative
analysis assessment.
(v) <<NOTE: Assessment.>> A description of
any other research and development efforts or
elements the Under Secretary considers appropriate
for purposes of the comparative analysis
assessment.
[[Page 135 STAT. 1993]]
(vi) <<NOTE: Recommenda- tions. Assessment.>>
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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 1994]]
(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.
[[Page 135 STAT. 1995]]
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
[[Page 135 STAT. 1996]]
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
[[Page 135 STAT. 1997]]
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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 1998]]
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.
<<NOTE: Assessments.>> 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
[[Page 135 STAT. 1999]]
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;
[[Page 135 STAT. 2000]]
(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. <<NOTE: 22 USC 2373 note.>> 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).
[[Page 135 STAT. 2001]]
SEC. 1315. IMET COOPERATION WITH GREECE.
<<NOTE: Time periods.>> 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. <<NOTE: 22 USC 261 note prec.>> 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. <<NOTE: 22 USC 2373 note.>> 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.
[[Page 135 STAT. 2002]]
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;
[[Page 135 STAT. 2003]]
``(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.--
[[Page 135 STAT. 2004]]
(1) <<NOTE: Deadline. Assessment. Review.>> 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) <<NOTE: Assessments. Review.>> 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.
[[Page 135 STAT. 2005]]
(B) Assigning additional FAOs to positions as senior
defense officials.
(d) Submission to Congress.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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;
[[Page 135 STAT. 2006]]
(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. <<NOTE: Deadline. Time period.>> 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) <<NOTE: Costs.>> 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--
[[Page 135 STAT. 2007]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 2731 note.>> 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. <<NOTE: 10 USC 301 note.>> 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
[[Page 135 STAT. 2008]]
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--
[[Page 135 STAT. 2009]]
(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) <<NOTE: Consultation. Assessments.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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.
[[Page 135 STAT. 2010]]
``(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) <<NOTE: Consultation.>> 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) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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.
[[Page 135 STAT. 2011]]
``(B) <<NOTE: Determination. Consultation.>>
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) <<NOTE: Deadline.>> 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. <<NOTE: 22 USC 2595d.>> 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
[[Page 135 STAT. 2012]]
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) <<NOTE: Deadlines.>> 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
[[Page 135 STAT. 2013]]
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
[[Page 135 STAT. 2014]]
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;
[[Page 135 STAT. 2015]]
(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.
[[Page 135 STAT. 2016]]
(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) <<NOTE: 22 USC 2151 note.>> 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
[[Page 135 STAT. 2017]]
(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) <<NOTE: Determination.>> 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--
[[Page 135 STAT. 2018]]
(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:
[[Page 135 STAT. 2019]]
``(f) <<NOTE: President. Notifications. Deadline.>> 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.
[[Page 135 STAT. 2020]]
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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 2021]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions. Notifications.>>
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Recommenda- tions.>> 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.
[[Page 135 STAT. 2022]]
SEC. 1504. EVALUATION OF DEPARTMENT OF DEFENSE CYBER GOVERNANCE.
(a) <<NOTE: Deadline. Review.>> 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) <<NOTE: Review.>> Scope.--The evaluation and review conducted
pursuant to subsection (a) shall--
(1) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> analyze and assess the
Department's performance in and posture for building and
retaining the requisite workforce
[[Page 135 STAT. 2023]]
necessary to perform the responsibilities specified in paragraph
(1);
(10) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> make recommendations for
any legislation determined appropriate.
(c) <<NOTE: Deadline. Time period.>> 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. <<NOTE: 10 USC 394 note.>> OPERATIONAL TECHNOLOGY AND
MISSION-RELEVANT TERRAIN IN CYBERSPACE.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2024]]
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) <<NOTE: Deadline.>> 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;
[[Page 135 STAT. 2025]]
(F) integrate and interoperate with Department
mission assurance construct; and
(G) are implemented with respect to Defense Critical
Assets and Task Critical Assets.
(d) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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;
[[Page 135 STAT. 2026]]
(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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2027]]
(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) <<NOTE: Deadline.>> Office of the Secretary of Defense
Responsibilities.--Not later than January 1, 2023, the Secretary of
Defense shall--
(1) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Termination date.>> 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
[[Page 135 STAT. 2028]]
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) <<NOTE: Assessment.>> 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;
[[Page 135 STAT. 2029]]
(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) <<NOTE: Consultation.>> 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.
[[Page 135 STAT. 2030]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 167b note.>> 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
[[Page 135 STAT. 2031]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 135 STAT. 2032]]
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. <<NOTE: 10 USC 2224 note.>> COORDINATION BETWEEN
UNITED STATES CYBER COMMAND AND PRIVATE
SECTOR.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 135 STAT. 2033]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.
[[Page 135 STAT. 2034]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 2035]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 2036]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 2037]]
counter the threat referred to in subparagraph (B)(i),
including through offensive cyber effects operations;
(D) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Consultation.>> 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
[[Page 135 STAT. 2038]]
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) <<NOTE: Deadline.>> Briefing Required.--Not later than 30 days
after the date on which the comparative analysis required under
subsection (a)
[[Page 135 STAT. 2039]]
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) <<NOTE: Consultation. Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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
[[Page 135 STAT. 2040]]
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. <<NOTE: 10 USC 2224 note.>> ENTERPRISE-WIDE
PROCUREMENT OF CYBER DATA PRODUCTS AND
SERVICES.
(a) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2041]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 4571 note.>> LEGACY INFORMATION
TECHNOLOGIES AND SYSTEMS ACCOUNTABILITY.
(a) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2042]]
(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) <<NOTE: Plan.>> A plan to discontinue use and funding
for each such application, software, or information technology.
(c) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2224 note.>> PROTECTIVE DOMAIN NAME
SYSTEM WITHIN THE DEPARTMENT OF DEFENSE.
(a) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2043]]
(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. <<NOTE: 10 USC 2224 note.>> 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--
[[Page 135 STAT. 2044]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2224 note.>> ZERO TRUST STRATEGY,
PRINCIPLES, MODEL ARCHITECTURE, AND
IMPLEMENTATION PLANS.
(a) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2045]]
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;
[[Page 135 STAT. 2046]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> assess the current Comply-to-
Connect Plan; and
(9) <<NOTE: Review.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2047]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Assessment.>> 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.--
[[Page 135 STAT. 2048]]
(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 2224 note.>> DEMONSTRATION PROGRAM FOR
AUTOMATED SECURITY VALIDATION TOOLS.
(a) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2049]]
(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) <<NOTE: Deadlines.>> 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
[[Page 135 STAT. 2050]]
(E) by amending paragraph (3), as so redesignated,
to read as follows:
``(3) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 2051]]
(1) <<NOTE: Deadline.>> 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).
[[Page 135 STAT. 2052]]
SEC. 1532. <<NOTE: 10 USC 2191 note prec.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Regulations.>> after such a
determination, the Secretary shall promulgate such rules and
regulations as are necessary to so establish such an office.
(3) <<NOTE: Notice.>> Negative determination.--If the
Secretary of Defense makes a negative determination in
accordance with paragraph (1), the Secretary shall submit to the
congressional defense
[[Page 135 STAT. 2053]]
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) <<NOTE: Plans. Recommenda- tions.>> 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
[[Page 135 STAT. 2054]]
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
[[Page 135 STAT. 2055]]
to products and technologies intended for use in the automated control
of critical infrastructure processes. In carrying out this subsection,
the Director shall--
``(1) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2056]]
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
[[Page 135 STAT. 2057]]
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. <<NOTE: 6 USC 663 note.>> COMPETITION RELATING TO
CYBERSECURITY VULNERABILITIES.
<<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2058]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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--
[[Page 135 STAT. 2059]]
``(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) <<NOTE: Consultation.>> 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. <<NOTE: 6 USC 665h.>> 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) <<NOTE: Assessments.>> 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.
[[Page 135 STAT. 2060]]
``(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:
[[Page 135 STAT. 2061]]
``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:
[[Page 135 STAT. 2062]]
``SEC. 2220C. <<NOTE: 6 USC 665i.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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.
[[Page 135 STAT. 2063]]
``(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) <<NOTE: Assessment.>> 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).
[[Page 135 STAT. 2064]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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. <<NOTE: 6 USC 652 note.>> PILOT PROGRAM ON PUBLIC-
PRIVATE PARTNERSHIPS WITH INTERNET
ECOSYSTEM COMPANIES TO DETECT AND
DISRUPT ADVERSARY CYBER OPERATIONS.
(a) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2065]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> provide recommendations
for accelerating, to the greatest extent practicable, the
automation of existing or implemented operational workflows to
operate at line-rate in order to enable real-time mitigation
without the need for manual review or action;
[[Page 135 STAT. 2066]]
(7) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 2067]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Recommenda- tions.>>
Recommendations for addressing relevant policy,
budgetary, and legislative gaps to increase the
effectiveness of the pilot program.
(ii) <<NOTE: Recommenda- tions.>>
Recommendations, such as providing liability
protection, for increasing private sector
participation in the pilot program.
[[Page 135 STAT. 2068]]
(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. <<NOTE: 22 USC 8606 note.>> 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
[[Page 135 STAT. 2069]]
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.
[[Page 135 STAT. 2070]]
(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) <<NOTE: Evaluation.>> 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--
[[Page 135 STAT. 2071]]
(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.
[[Page 135 STAT. 2072]]
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.
[[Page 135 STAT. 2073]]
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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 2271 prec.>> 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) <<NOTE: Time period. 10 USC 2276 note.>> 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--
[[Page 135 STAT. 2074]]
(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) <<NOTE: Determination.>> 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;
[[Page 135 STAT. 2075]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 2276 note.>> 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'';
[[Page 135 STAT. 2076]]
(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 <<NOTE: 10 USC 9011
prec.>> , is amended by striking the item relating to section
9021 and inserting the following new item:
``9021. Space Acquisition Council.''.
(4) <<NOTE: 10 USC 9021 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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.''.
[[Page 135 STAT. 2077]]
(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) <<NOTE: Deadline. 10 USC 9082 note.>> 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) <<NOTE: Deadline. Notification.>> 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
[[Page 135 STAT. 2078]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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).''.
[[Page 135 STAT. 2079]]
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) <<NOTE: 10 USC 2271 note.>> 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) <<NOTE: Time period.>> 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:
[[Page 135 STAT. 2080]]
(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) <<NOTE: Assessment.>> 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''.
[[Page 135 STAT. 2081]]
SEC. 1609. <<NOTE: 10 USC 2271 note.>> CLASSIFICATION REVIEW OF
PROGRAMS OF THE SPACE FORCE.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> Elements.--The review under subsection
(a) shall include the following:
(1) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 2082]]
(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) <<NOTE: Deadline.>> 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:
[[Page 135 STAT. 2083]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2084]]
(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) <<NOTE: Consultation.>> 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.
<<NOTE: Deadline.>> 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. <<NOTE: 10 USC 421 note prec.>> NOTIFICATION OF
CERTAIN THREATS TO UNITED STATES ARMED
FORCES BY FOREIGN GOVERNMENTS.
(a) <<NOTE: Consultation.>> 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
[[Page 135 STAT. 2085]]
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) <<NOTE: Deadline. Determination. Assessments.>>
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 135 STAT. 2086]]
(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. <<NOTE: 10 USC 421 note prec.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2087]]
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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2088]]
(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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2089]]
Subtitle C--Nuclear Forces
SEC. 1631. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND
STRATEGIC DETERRENCE EXERCISES.
Chapter 24 of title 10, United States Code <<NOTE: 10 USC 491
prec.>> , 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) <<NOTE: 10 USC 499b.>> 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) <<NOTE: Time period.>> 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:
[[Page 135 STAT. 2090]]
``(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) <<NOTE: Deadline.>> 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.''.
[[Page 135 STAT. 2091]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2092]]
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. <<NOTE: Deadline. Termination date.>> 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.
[[Page 135 STAT. 2093]]
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. <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 2094]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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:
[[Page 135 STAT. 2095]]
(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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2096]]
(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) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 2097]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> reports or other documents relating
to any such review.
(b) <<NOTE: Deadlines.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 2098]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 2099]]
(1) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Recommenda- tions.>> 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.
[[Page 135 STAT. 2100]]
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) <<NOTE: Estimate.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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).
[[Page 135 STAT. 2101]]
SEC. 1653. BRIEFING ON CONSULTATIONS WITH UNITED STATES ALLIES
REGARDING NUCLEAR POSTURE REVIEW.
(a) <<NOTE: Deadline.>> 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) <<NOTE: List.>> 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) <<NOTE: Time period. Reports.>> a period of 120 days
has elapsed following the date on which the Secretary submits
the report under subparagraph (C) of such paragraph.
[[Page 135 STAT. 2102]]
``(2) If the Secretary proposes to make changes to the missile
defense non-standard acquisition and requirements processes and
responsibilities, the Secretary shall--
``(A) <<NOTE: Consultation.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Reports.>> 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--
[[Page 135 STAT. 2103]]
(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) <<NOTE: 10 USC 4022 note.>> 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) <<NOTE: Determination.>> 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;
[[Page 135 STAT. 2104]]
``(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. <<NOTE: 10 USC 205 note.>> 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) <<NOTE: Time period.>> 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;
[[Page 135 STAT. 2105]]
(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) <<NOTE: Assessment.>> 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.
<<NOTE: Certification.>> As a part of the defense budget materials
(as defined in section 239 of title 10, United States Code) for fiscal
year 2023, the Director of the Missile Defense Agency shall certify to
the congressional defense committees that--
(1) the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in 2022
includes adequate amounts of estimated funding to develop,
construct, test, and integrate into the missile defense system
the discrimination radar for homeland defense planned to be
located in Hawaii; and
(2) <<NOTE: Deadline.>> such radar and associated in-flight
interceptor communications system data terminal will be
operational by not later than December 31, 2028.
[[Page 135 STAT. 2106]]
SEC. 1667. <<NOTE: 10 USC 130h note.>> CERTIFICATION REQUIRED FOR
RUSSIA AND CHINA TO TOUR CERTAIN MISSILE
DEFENSE SITES.
(a) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2107]]
(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.
[[Page 135 STAT. 2108]]
(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.
[[Page 135 STAT. 2109]]
(3) Form.--The matrices submitted under paragraph (2) shall
be in unclassified form, but may contain a classified annex.
(4) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Time period.>> 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
[[Page 135 STAT. 2110]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.--
[[Page 135 STAT. 2111]]
(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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 2112]]
(1) <<NOTE: Time period.>> 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) <<NOTE: Deadlines. 10 USC 133a note.>> 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
[[Page 135 STAT. 2113]]
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) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 2114]]
(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) <<NOTE: Termination date.>> 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
[[Page 135 STAT. 2115]]
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
[[Page 135 STAT. 2116]]
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) <<NOTE: Assessment.>> 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).
[[Page 135 STAT. 2117]]
(v) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 2118]]
(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. <<NOTE: 50 USC 3373.>> ESTABLISHMENT OF OFFICE,
ORGANIZATIONAL STRUCTURE, AND
AUTHORITIES TO ADDRESS UNIDENTIFIED
AERIAL PHENOMENA.
(a) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2119]]
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
[[Page 135 STAT. 2120]]
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
[[Page 135 STAT. 2121]]
(2) provide the foundation for potential future investments
to replicate any such advanced characteristics and performance.
(g) <<NOTE: Consultation.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: Data.>> An analysis of data and
intelligence received through each reported unidentified
aerial phenomena-related event.
(D) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 2122]]
military nuclear assets, including strategic nuclear
weapons and nuclear-powered ships and submarines.
(N) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Termination date.>> 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--
[[Page 135 STAT. 2123]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> 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.
[[Page 135 STAT. 2124]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2125]]
(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) <<NOTE: Timeline.>> 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).
[[Page 135 STAT. 2126]]
SEC. 1686. <<NOTE: 10 USC 196 note.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Expiration date.>> the authority
to make such appointment or appointments shall
expire; and
[[Page 135 STAT. 2127]]
(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;
[[Page 135 STAT. 2128]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2129]]
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) <<NOTE: Estimates. Statistics.>> 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) <<NOTE: Appointment.>> 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
[[Page 135 STAT. 2130]]
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) <<NOTE: Deadline. Contracts.>> 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'').
[[Page 135 STAT. 2131]]
(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) <<NOTE: Testimony.>> 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) <<NOTE: 10 USC 3001 note prec.>> 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. <<NOTE: Applicability.>> 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 <<NOTE: 10 USC 3001 note
prec.>> 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. <<NOTE: Effective date.>> --If this Act is enacted
after December 31, 2021, notwithstanding section 1801(d)(1) of
the FY2021 NDAA, the amendments made by
[[Page 135 STAT. 2132]]
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) <<NOTE: 10 USC 2545, 3001.>> 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) <<NOTE: 10 USC 3062.>> , by
striking ``new sections'' and inserting ``new section'';
(B) <<NOTE: 10 USC 3064.>> 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) <<NOTE: 10 USC 3068.>> ; and
(ii) by striking ``Sections'' in the quoted
matter before the period at the end of paragraph
(3) <<NOTE: 10 USC 2315, 3068.>> and inserting
``For purposes of''.
(3) Section 1809(e) <<NOTE: 10 USC 3134.>> is amended by
striking subparagraph (B) of paragraph (2) (including the
amendment made by that subparagraph).
(4) Section 1811 <<NOTE: 10 USC 3201.>> 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)-- <<NOTE: 10 USC
3204.>>
(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
[[Page 135 STAT. 2133]]
(F) in subparagraphs (C)(ii) and (E)(ii) of
subsection (e)(3), by striking <<NOTE: 10 USC 3206.>>
``and (ii)'' each place it appears and inserting ``and
(iii)''.
(5) <<NOTE: 10 USC 3242.>> Section 1813 is amended in
subsection (c)(1)(D) by inserting ``and inserting'' after the
first close quotation marks.
(6) <<NOTE: 10 USC 3303.>> 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) <<NOTE: 10 USC 3305.>> in paragraph (7)(J)(ii),
in the matter to be inserted, by inserting ``under''
before ``this section''.
(7) <<NOTE: 10 USC 2316, 3344.>> 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) <<NOTE: 10 USC 3401 prec.>> 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) <<NOTE: 10 USC 3403.>> in subsection (c)(3)(A),
by striking ``section'' in the matter to be stricken;
and
(C) <<NOTE: 10 USC 3405.>> in subsection (d)(4)(B),
by inserting ``section'' before ``3403(b)'' in the
matter to be inserted.
(9) <<NOTE: 10 USC 3456.>> 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) <<NOTE: 10 USC 2306a, 3701.>> in subsection
(b), by striking ``redesignated as subsection (a), and''
and inserting ``amended by striking the subsection
designation and subsection heading, and further'';
(B) <<NOTE: 10 USC 3702.>> 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)--
[[Page 135 STAT. 2134]]
(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) <<NOTE: 10 USC 3707.>> in subsection (h), by
striking ``such section 3706'' in paragraphs (2) and (3)
and inserting ``such section 3707''; and
(I) in subsection (j)--
(i) <<NOTE: 10 USC 2343.>> in paragraph (3),
in the matter to be inserted, by striking ``3701-
3708'' and inserting ``3701 through 3708''; and
(ii) <<NOTE: 10 USC 2379, 2380. 10 USC
3750.>> 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) <<NOTE: 10 USC 3791 prec.>> in subsection (n),
in the section heading for section 3791, by striking
``department of defense'' and inserting ``department of
defense''; and
(B) <<NOTE: 10 USC 2328, 2386, 3793, 3794.>> in
subsection (o)(2), by striking ``Section'' and ``as
section'' and inserting ``Sections'' and ``as
sections'', respectively.
(13) <<NOTE: 10 USC 3807.>> Section 1834(h)(2) is amended
by striking ``section 3801(1)'' in the matter to be inserted and
inserting ``section 3801(a)''.
(14) <<NOTE: 10 USC 171a.>> Section 1845(c)(2) is amended
by striking ``section'' in the matter to be stricken and
inserting ``sections''.
(15) Section 1846 is amended--
(A) <<NOTE: 10 USC 4204.>> in subsection (f)(6)(A),
in the matter to be inserted, by inserting a period
after ``Oversight'';
(B) <<NOTE: 10 USC 1706.>> 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), <<NOTE: 10 USC 4211 prec.>> by striking
the item relating to the second subchapter III (relating
to contractors) and inserting the following:
``V. Contractors.............................................4291''; and
(B) <<NOTE: 10 USC 4273.>> in subsection (e)(3)(A),
by inserting ``section'' before ``4376(a)(1)'' in the
matter to be inserted.
[[Page 135 STAT. 2135]]
(17) <<NOTE: 10 USC 4324.>> Section 1848(d) is amended by
striking paragraph (2).
(18) <<NOTE: 10 USC 4372.>> Section 1850(e)(2) is amended
by inserting ``transferred and'' before ``redesignated''.
(19) Section 1856 is amended--
(A) <<NOTE: 10 USC 4502.>> in subection (f)(5)(A),
in the matter to be inserted, by striking the comma at
the end; and
(B) <<NOTE: 10 USC 4505.>> in subsection (h), by
striking ``subsection (d)'' and inserting ``subsection
(g)''.
(20) <<NOTE: 10 USC 4658.>> Section 1862(c)(2) is amended
by striking ``section 4657'' and inserting ``section 4658''.
(21) Section 1866 is amended--
(A) <<NOTE: 10 USC 4801.>> 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) <<NOTE: 10 USC 2501 note.>> 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) <<NOTE: 10 USC 4814.>> in paragraph (3), by
striking ``Section 4814'' and inserting ``Section
4814(a)'';
(B) <<NOTE: 10 USC 4818.>> 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) <<NOTE: 10 USC 4864.>> 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) <<NOTE: 10 USC 2413-2419, 4952-4957, 4959.>> 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''.
[[Page 135 STAT. 2136]]
(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''.
[[Page 135 STAT. 2137]]
(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)--
[[Page 135 STAT. 2138]]
(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 <<NOTE: 10 USC 8751
prec.>> 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 <<NOTE: 10 USC 4871
prec.>> 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)
[[Page 135 STAT. 2139]]
of the FY2021 NDAA (as amended by this
section), <<NOTE: 10 USC 4061 prec.>> 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 <<NOTE: 10 USC 4001
prec.>> 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) <<NOTE: 10 USC 2281 prec.>> The table of sections at
the beginning of chapter 136 is amended by striking the item
relating to section 2283.
(2) <<NOTE: 10 USC 2771 prec.>> 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, <<NOTE: 10 USC
3062 prec.>> 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, <<NOTE: 10 USC 3241
prec.>> 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) <<NOTE: 10 USC 3761
prec.>> 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) <<NOTE: 10 USC 3791
prec.>> 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), <<NOTE: 10 USC 4211
prec.>> 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), <<NOTE: 10 USC 4231
prec.>> is amended
[[Page 135 STAT. 2140]]
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), <<NOTE: 10 USC 4321 prec.>> 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, <<NOTE: 10 USC 4811
prec.>> 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, <<NOTE: 10 USC 101 prec., 3001 prec.>>
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 <<NOTE: 10 USC 3001 prec.>>
the text after the section designation and inserting
``[Reserved].'';
(B) by striking section 3003 and inserting the
following:
[[Page 135 STAT. 2141]]
``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), <<NOTE: 10 USC 3151
prec.>> by striking the text after the subchapter II
designation and inserting ``[Reserved]''.
(B) <<NOTE: 10 USC 3171 prec.>> 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) <<NOTE: 10 USC 3301 prec.>> 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, <<NOTE: 10 USC 3321 prec.>> 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, <<NOTE: 10 USC 101
prec., 3001 prec.>> 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) <<NOTE: 10 USC 3671 prec.>> in the matter
inserted by subsection (a), by striking the text
after the chapter designation and inserting
``[Reserved]''; and
(ii) <<NOTE: 10 USC 101 prec., 3001 prec.>>
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) <<NOTE: 10 USC 3721 prec.>> by striking the
text after the chapter designation and inserting
``[Reserved]''; and
(B) <<NOTE: 10 USC 3721 prec.>> by striking all
after the chapter heading and inserting the following:
``Sec.
``3721. [Reserved].
``3722. [Reserved].
``3723. [Reserved].
``3724. [Reserved].
[[Page 135 STAT. 2142]]
``Sec. 3721. [Reserved]
``Sec. 3722. [Reserved]
``Sec. 3723. [Reserved]
``Sec. 3724. [Reserved]''.
(7) Chapter 279.--
(A) <<NOTE: 10 USC 3841 prec.>> 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, <<NOTE: 10 USC 101
prec., 3001 prec.>> are amended by striking the text
after the chapter designation for chapter 283 in each
place and inserting ``[Reserved]''.
(B) <<NOTE: 10 USC 2327, 3901 prec.>> 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) <<NOTE: 10 USC 101 prec., 3001 prec.>> 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) <<NOTE: 10 USC 4751 prec.>> 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].''.
[[Page 135 STAT. 2143]]
(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 <<NOTE: 10 USC 4901 prec.>>
new item:
``II. [Reserved].............................................4991''; and
(B) <<NOTE: 10 USC 4951 prec.>> 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 <<NOTE: 10 USC 3062.>> 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) <<NOTE: 10 USC 3501 prec.>> 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. <<NOTE: 10 USC 3501.>> Multiyear contracts:
acquisition of property''.
(2) Transfer of section 2306b.--Such section is further
amended--
(A) <<NOTE: 10 USC 2396b, 3501-3511.>> 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) <<NOTE: 10 USC 3531 prec.>> 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. <<NOTE: 10 USC 3531.>> Multiyear contracts:
acquisition of services'';
(B) <<NOTE: 10 USC 3531 prec., 2531-3535.>> by
redesignating such subsection (m) as subsection (c);
(C) <<NOTE: 10 USC 2396c, 3531-3535.>> 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).''.
[[Page 135 STAT. 2144]]
(4) <<NOTE: 10 USC 2410o, 3531 prec., 3551.>> 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 <<NOTE: 10 USC 3901 prec.>>
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, <<NOTE: 10 USC 101
prec., 3001 prec.>> 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) <<NOTE: 10 USC 2411, 2412, 4951, 4952.>> 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) <<NOTE: 10 USC 2414, 4855.>> 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) <<NOTE: 10 USC 2415, 4956.>> in paragraph (7)--
(i) by striking ``section 4953'' and inserting
``section 4955'';
(ii) by striking ``section 4954'' and
inserting ``section 4956'';
[[Page 135 STAT. 2145]]
(D) <<NOTE: 10 USC 2416, 4957.>> in paragraph (8)--
(i) by striking ``section 4954'' and inserting
``section 4956'';
(ii) by striking ``section 4955'' and
inserting ``section 4957'';
(E) <<NOTE: 10 USC 2418, 4958.>> in paragraph (9)--
(i) by striking ``section 4955'' and inserting
``section 4957'';
(ii) by striking ``section 4956'' and
inserting ``section 4958'';
(F) <<NOTE: 10 USC 2419, 4959.>> in paragraph
(10)--
(i) by striking ``section 4956'' and inserting
``section 4958'';
(ii) by striking ``section 4957'' and
inserting ``section 4959'';
(G) <<NOTE: 10 USC 2417, 4961.>> 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 <<NOTE: 10 USC 4951 prec.>> 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. <<NOTE: 10 USC 4951.>> DEFINITIONS.
``SEC. 4952. <<NOTE: 10 USC 4952.>> PURPOSES.
``SEC. 4953. <<NOTE: 10 USC 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) <<NOTE: 10 USC 3801 prec.>> 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. <<NOTE: 10 USC 3808.>> Certain Navy contracts''.
(2) <<NOTE: 10 USC 2307, 3808.>> Transfer of section
2307(g).--Section 1834 is further amended by adding at the end
the following new subsection:
``(i) Transfer of Subsection (g) of Section 2307.--
[[Page 135 STAT. 2146]]
``(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) <<NOTE: 10 USC 2307, 8661 prec., 8702.>> Repeal of
prior transfer.--Section 1876 is repealed.
(o) Revised Transfer Relating to Selected Acquisition Reports.--
(1) Transfer as single section.--
(A) <<NOTE: 10 USC 4350 prec., 4351 prec.>>
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) <<NOTE: 10 USC 2432, 4350.>> 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 <<NOTE: 10 USC 4350, 4351
prec.>> to read as follows:
``SEC. 1849. SELECTED ACQUISITION REPORTS.''.
(B) <<NOTE: 10 USC 4350 prec., 4351 prec.>> 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--
[[Page 135 STAT. 2147]]
``(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 <<NOTE: 10 USC 2432, 4351,
4352.>> 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) <<NOTE: 10 USC 2432, 4353-4358. 10 USC 1734,
2432, 8671.>> 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) <<NOTE: 10 USC 3221.>> in subsection
(b)(2)(D), by striking ``section 4353(a)'' in the
matter to be inserted and inserting ``section
4351(c)(1)''; and
(ii) <<NOTE: 10 USC 3225.>> 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) <<NOTE: 10 USC 4204.>> in subsection
(f)(5)(C), by striking ``sections 4351 through
4358'' in the matter to be inserted and inserting
``section 4351''; and
(ii) <<NOTE: 10 USC 4203.>> in subsection
(g)(1), by striking ``section 4351'' in the matter
to be inserted and inserting ``section 4351(a)'';
(C) in section 1847--
(i) <<NOTE: 10 USC 4214.>> in subsection
(b)(4)(B)(iii), by striking ``sections 4351
through 4358'' in the matter to be inserted and
inserting ``section 4351'';
(ii) <<NOTE: 10 USC 4231.>> in subsection
(c)(1)(A)(i), by striking ``sections 4351 through
4358'' in the matter to be inserted and inserting
``section 4351'';
(iii) <<NOTE: 10 USC 4252.>> in subsection
(d)(2)(C)(ii), by striking ``sections 4351 through
4358'' in the matter to be inserted and inserting
``section 4351''; and
(iv) <<NOTE: 10 USC 4271.>> in subsection
(e)(1)(A), by striking ``section 4351(2)'' in the
matter to be inserted and inserting ``section
4351(a)(2)'';
(D) <<NOTE: 10 USC 1734, 8671.>> 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--
[[Page 135 STAT. 2148]]
(i) <<NOTE: 10 USC 4371.>> 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) <<NOTE: 10 USC 4372.>> in subsection
(e)(4)(A), by striking ``section 4352(c)'' in the
matter to be inserted and inserting ``section
4351(b)(3)'';
(iv) <<NOTE: 10 USC 4375.>> 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) <<NOTE: 10 USC 4376.>> in subsection
(j)(3)(B)(ii), by striking ``section 4356(a)'' in
the matter to be inserted and inserting ``section
4351(f)'';
(vi) <<NOTE: 10 USC 4377.>> 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) <<NOTE: 10 USC 2522, 4845, 2196, 4843, 2197,
4844.>> 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 <<NOTE: 10 USC 4841 prec.>> 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, <<NOTE: 10 USC 2191 prec.>> 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 <<NOTE: 10 USC 2358b, 2359a, 2359b, 2361a, 2365, 2374a, 4061-
4063, 4065, 4066.>> amended--
(A) by striking ``2358b,''; and
(B) by striking ``4064,''.
[[Page 135 STAT. 2149]]
(2) Transfer to chapter 87.--Subtitle J of title XVIII of
the FY2021 NDAA <<NOTE: 10 USC 1761 prec.>> 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) <<NOTE: 10 USC 4271 prec.>> 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) <<NOTE: 10 USC 2547, 7033, 8033, 8043, 9033.>>
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) <<NOTE: 10 USC 2440, 4211.>> by striking
``Transfer of'' and all that follow through ``(B)''; and
(B) <<NOTE: 10 USC 4211.>> 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 <<NOTE: 10 USC 4811 prec.>> 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--
[[Page 135 STAT. 2150]]
(1) <<NOTE: 10 USC 4871 prec.>> 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) <<NOTE: 10 USC 2572.>> 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) <<NOTE: 10 USC 101 prec., 3001 prec.>> 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) <<NOTE: 10 USC 4001
prec.>> 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
[[Page 135 STAT. 2151]]
(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) <<NOTE: 10 USC 4004, 4007, 4021-
4026, 2358, 2371, 2371b, 2373, 4001, 4002.>> 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) <<NOTE: 10 USC 4001.>> 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) <<NOTE: 10 USC 2357, 2359, 2361, 2374, 4001
prec., 4021 prec.>> 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 <<NOTE: 10 USC 2364, 4014.>> by
striking ``section 4009'' and inserting ``section
4007''.
(F) Revised cross-reference amendments.--
(i) Subsection (b)(2) is amended--
(I) <<NOTE: 10 USC 4001.>> 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
[[Page 135 STAT. 2152]]
(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) <<NOTE: 10 USC 2501 note.>> 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 <<NOTE: 10 USC 4061 prec.>> 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 <<NOTE: 10 USC 4061 prec.>> I--General
``Subchapter <<NOTE: 10 USC 4091 prec.>> II--Personnel
``Subchapter <<NOTE: 10 USC 4123 prec.>> III--Research and Development
Centers and Facilities''.
(B) Transfer of title 10 sections to subchapter i.--
Subsection (b) <<NOTE: 10 USC 2357, 4067, 2358b, 2359a,
2359b, 2361a, 2365, 2374a, 4061, 4062, 4066.>> 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''.
[[Page 135 STAT. 2153]]
(4) Revised chapter 303, subchapters ii & iii.--
(A) <<NOTE: 10 USC 4092, 4093, 4091, 4123, 4126,
4124, 2364, 2358a, 2360, 2363, 4125.>> 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 <<NOTE: 10 USC 2805.>> 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 <<NOTE: 10 USC 4141 prec.>> 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.
[[Page 135 STAT. 2154]]
``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 <<NOTE: 10 USC 114, 2224 note,
2350a prec., 2350l, 2353, 2364, 2367, 2368, 2371a, 2661
prec., 2681.>> 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 <<NOTE: 10 USC 4171 prec.>> 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 <<NOTE: 10
USC 4174, 4175, 196, 2366, 2399, 4171-4173.>> 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 <<NOTE: 10
USC 4171 prec.>> 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) <<NOTE: 10 USC 2302e.>> by striking subsection
(c); and
(B) <<NOTE: 10 USC 3344 prec.>> 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) <<NOTE: 10 USC 2304e, 2323a, 2362, 2410d, 2410n,
3901-3903, 3905. 10 USC 3901 prec.>> 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) <<NOTE: 10 USC 1580 prec.>> The table of sections at
the beginning of chapter 81 is amended by striking the item
relating to section 1599h.
(2) <<NOTE: 10 USC 2191 prec.>> The table of sections at
the beginning of chapter 111 is amended by striking the item
relating to section 2192a.
(3) <<NOTE: 10 USC 2661 prec.>> The table of sections at
the beginning of chapter 159 is amended by striking the item
relating to section 2681.
[[Page 135 STAT. 2155]]
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:
[[Page 135 STAT. 2156]]
``(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--
[[Page 135 STAT. 2157]]
(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
[[Page 135 STAT. 2158]]
(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)''.
[[Page 135 STAT. 2159]]
(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)''.
[[Page 135 STAT. 2160]]
(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--
[[Page 135 STAT. 2161]]
(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 <<NOTE: Military Construction Authorization Act for Fiscal Year
2022.>> 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
[[Page 135 STAT. 2162]]
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) <<NOTE: 10 USC 101 note, 2801 prec., 2851 prec., 2871 prec.,
8604 prec.>> 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.
[[Page 135 STAT. 2163]]
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
[[Page 135 STAT. 2164]]
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:
[[Page 135 STAT. 2165]]
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
[[Page 135 STAT. 2166]]
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
[[Page 135 STAT. 2167]]
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.
[[Page 135 STAT. 2168]]
(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
----------------------------------------------------------------------------------------------------------------
[[Page 135 STAT. 2169]]
(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
[[Page 135 STAT. 2170]]
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
----------------------------------------------------------------------------------------------------------------
[[Page 135 STAT. 2171]]
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--
[[Page 135 STAT. 2172]]
(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;
[[Page 135 STAT. 2173]]
(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:
[[Page 135 STAT. 2174]]
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)
[[Page 135 STAT. 2175]]
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),
[[Page 135 STAT. 2176]]
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:
[[Page 135 STAT. 2177]]
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, <<NOTE: Applicability.>> 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.
[[Page 135 STAT. 2178]]
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
----------------------------------------------------------------------------------------------------------------
[[Page 135 STAT. 2179]]
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
[[Page 135 STAT. 2180]]
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.
[[Page 135 STAT. 2181]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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
[[Page 135 STAT. 2182]]
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) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Applicability.>> 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.
[[Page 135 STAT. 2183]]
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.
[[Page 135 STAT. 2184]]
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) <<NOTE: Applicability. Contracts. Effective date. 10 USC 2851
note.>> 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) <<NOTE: Waivers. Notifications.>> 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) <<NOTE: Certification.>> 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
[[Page 135 STAT. 2185]]
``(iii) describe the funds proposed to be used to finance
the cost increase.
``(C) <<NOTE: Effective date. Time period.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> certify that the mission
requirement identified in the justification data provided to
Congress can still be met with the reduced scope.
``(C) <<NOTE: Effective date. Time period.>> 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 <<NOTE: Waiver authority.>> 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
[[Page 135 STAT. 2186]]
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) <<NOTE: Effective date. Time period.>> 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, <<NOTE: 10 USC 2801
prec.>> is amended by inserting after section 2815 the following new
section:
``Sec. 2815a. <<NOTE: 10 USC 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.
[[Page 135 STAT. 2187]]
``(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:
[[Page 135 STAT. 2188]]
``(A) <<NOTE: Cost estimates.>> 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.
[[Page 135 STAT. 2189]]
``(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) <<NOTE: 10 USC 2802 note.>> 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) <<NOTE: Compliance.>> 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).
[[Page 135 STAT. 2190]]
(B) <<NOTE: Deadline.>> 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. <<NOTE: Waiver authority.>> 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
[[Page 135 STAT. 2191]]
(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) <<NOTE: 10 USC 2851 prec., 2871 prec.>> 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.
[[Page 135 STAT. 2192]]
(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) <<NOTE: Compliance.>> 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) <<NOTE: 10 USC 2891a note.>> 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.
[[Page 135 STAT. 2193]]
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) <<NOTE: Applicability.>> Duration of Investment Requirement.--
The requirement in subsection (a) shall apply for fiscal years 2022
through 2026.
SEC. 2815. <<NOTE: 10 USC 2851 note prec.>> IMPROVEMENT OF
SECURITY OF LODGING AND LIVING SPACES ON
MILITARY INSTALLATIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimate.>> a cost estimate to
make any improvements recommended pursuant to the
assessment under subsection (a), disaggregated by
military department and installation; and
(B) <<NOTE: Schedule.>> an estimated schedule for
making such improvements.
[[Page 135 STAT. 2194]]
SEC. 2816. <<NOTE: 10 USC 1791 note.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Lists.>> 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) <<NOTE: Funding estimate.>> An estimate
of the funding required to complete the
remediation plan.
(ii) <<NOTE: Strategy.>> The Secretary's
funding strategy to complete the remediation plan.
(iii) Any additional statutory authorities the
Secretary needs to complete the remediation plan
(B) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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 <<NOTE: Effective date.>> after the date
of the enactment of this Act, and pursuant to such regulations as
[[Page 135 STAT. 2195]]
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) <<NOTE: Deadline. Briefing.>> 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, <<NOTE: 10 USC 8604
prec.>> is amended by inserting after section 8616 the following new
section:
``Sec. 8617. <<NOTE: 10 USC 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--
[[Page 135 STAT. 2196]]
``(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) <<NOTE: Determination.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Regulations.>> 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.
[[Page 135 STAT. 2197]]
``(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. <<NOTE: 10 USC 8617 note.>> 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
[[Page 135 STAT. 2198]]
(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) <<NOTE: Update. Consultation.>> 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''.
[[Page 135 STAT. 2199]]
(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. <<NOTE: 10 USC 2864 note.>> PROMPT COMPLETION OF
MILITARY INSTALLATION RESILIENCE
COMPONENT OF MASTER PLANS FOR AT-RISK
MAJOR MILITARY INSTALLATIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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, <<NOTE: Reports.>> the Secretary of the Army shall
submit to the congressional defense committees a report containing the
following:
[[Page 135 STAT. 2200]]
(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
[[Page 135 STAT. 2201]]
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) <<NOTE: Reports. Time period.>> 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. <<NOTE: 10 USC 2802 note.>> 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. <<NOTE: 10 USC 2802 note.>> REVISIONS TO UNIFIED
FACILITIES CRITERIA REGARDING USE OF
VARIABLE REFRIGERANT FLOW SYSTEMS.
(a) <<NOTE: Federal Register, publication.>> Publication and
Comment Period Requirements.--The Under Secretary of Defense for
Acquisition and Sustainment shall publish any proposed revisions to the
Unified Facilities Criteria
[[Page 135 STAT. 2202]]
regarding the use of variable refrigerant flow systems in the Federal
Register and shall specify a comment period of at least 60 days.
(b) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2802 note.>> 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) <<NOTE: Compliance.>> 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. <<NOTE: 10 USC 2802 note.>> 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
[[Page 135 STAT. 2203]]
(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) <<NOTE: Record.>> 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
[[Page 135 STAT. 2204]]
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) <<NOTE: Payment.>> 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) <<NOTE: Reimbursement.>> 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. <<NOTE: Refund.>> 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) <<NOTE: Determination. Survey.>> 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.
[[Page 135 STAT. 2205]]
(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) <<NOTE: Payment.>> 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,
[[Page 135 STAT. 2206]]
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) <<NOTE: Reimbursement.>> 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. <<NOTE: Refund.>> 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) <<NOTE: Determination. Survey.>> 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) <<NOTE: Payment.>> 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
[[Page 135 STAT. 2207]]
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) <<NOTE: Reimbursement.>> 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. <<NOTE: Refund.>> If amounts are collected in
advance of the Secretary incurring the actual costs, and the
amount collected
[[Page 135 STAT. 2208]]
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) <<NOTE: Compliance.>> 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) <<NOTE: Determination. Survey.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Payment. Determination.>> 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
[[Page 135 STAT. 2209]]
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) <<NOTE: Requirement. Reimbursement.>> 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) <<NOTE: Determination. Survey.>> 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.
[[Page 135 STAT. 2210]]
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) <<NOTE: Payment. Determination.>> 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) <<NOTE: Reimbursement.>> 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) <<NOTE: Determination. Survey.>> Description of Property.--The
exact acreage and legal description of the parcel of real property to be
conveyed under
[[Page 135 STAT. 2211]]
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) <<NOTE: Payment. Determination.>> 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) <<NOTE: Reimbursement.>> 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 <<NOTE: Refunds.>>
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
[[Page 135 STAT. 2212]]
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) <<NOTE: Determination. Survey.>> 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. <<NOTE: 10 USC 2802 note.>> PILOT PROGRAM ON INCREASED
USE OF SUSTAINABLE BUILDING MATERIALS IN
MILITARY CONSTRUCTION.
(a) <<NOTE: Evaluation.>> 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 <<NOTE: Coordination.>> 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.
[[Page 135 STAT. 2213]]
(e) Reporting Requirement.--
(1) <<NOTE: Time period.>> 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) <<NOTE: Analysis.>> 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. <<NOTE: 10 USC 9771 note prec.>> PILOT PROGRAM ON
ESTABLISHMENT OF ACCOUNT FOR
REIMBURSEMENT FOR USE OF TESTING
FACILITIES AT INSTALLATIONS OF THE
DEPARTMENT OF THE AIR FORCE.
(a) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2214]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 8013 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Expiration date. Time period.>> will expire
within 10 years after the date of the briefing.
(b) Required Elements of Briefing.--Each briefing provided under
subsection (a) shall include the following:
(1) The location, size, and expiration date of each lease
and easement described in such subsection.
[[Page 135 STAT. 2215]]
(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) <<NOTE: Summary.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2216]]
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) <<NOTE: Assessment.>> 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).
[[Page 135 STAT. 2217]]
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.
[[Page 135 STAT. 2218]]
(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.
[[Page 135 STAT. 2219]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Plan.>> 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) <<NOTE: Time period.>> 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--
[[Page 135 STAT. 2220]]
``(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) <<NOTE: Deadline.>> 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. <<NOTE: 50 USC 2758.>> 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.''.
[[Page 135 STAT. 2221]]
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. <<NOTE: 50 USC 2823.>> 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. <<NOTE: 50 USC 2586a.>> 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
[[Page 135 STAT. 2222]]
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) <<NOTE: Review.>> 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) <<NOTE: Deadline.>> Briefing.--Not later than
120 days before the date on which the Secretary enters
into the first agreement
[[Page 135 STAT. 2223]]
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) <<NOTE: Contracts.>> 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.
[[Page 135 STAT. 2224]]
``(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) <<NOTE: Review.>> a review process
that, if practicable, is conducted in an
independent manner consistent with Department
guidance on selecting and funding public-private
partnerships.
``(B) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2225]]
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.
[[Page 135 STAT. 2226]]
``(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) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 2227]]
(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) <<NOTE: Time period.>> 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''.
[[Page 135 STAT. 2228]]
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. <<NOTE: 50 USC 2521 note.>> PORTFOLIO MANAGEMENT
FRAMEWORK FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) <<NOTE: Deadline.>> In General.--Not later than one year after
the date of the enactment of this Act, the Administrator for Nuclear
Security shall--
(1) <<NOTE: Consultation.>> 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;
[[Page 135 STAT. 2229]]
(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) <<NOTE: Assessment.>> complete an integrated,
comprehensive assessment of the portfolio management
capabilities required to execute the weapons activities
portfolio of the National Nuclear Security Administration.
(b) <<NOTE: Deadline.>> 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, <<NOTE: Deadline.>> 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.''.
[[Page 135 STAT. 2230]]
(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--
[[Page 135 STAT. 2231]]
(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
[[Page 135 STAT. 2232]]
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) <<NOTE: Deadline.>> 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)
[[Page 135 STAT. 2233]]
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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Contracts.>> 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:
[[Page 135 STAT. 2234]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Contracts.>> 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. <<NOTE: Threat analysis.>> 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;
[[Page 135 STAT. 2235]]
(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) <<NOTE: 42 USC 2286.>> in section 311(c), in the
subsection heading, by striking ``Chairman, Vice Chairman'' and
inserting ``Chairperson, Vice Chairperson''; and
(2) <<NOTE: 42 USC 2286, 2286b.>> by striking ``Chairman''
each place it appears and inserting ``Chairperson''.
[[Page 135 STAT. 2236]]
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.
[[Page 135 STAT. 2237]]
(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:
[[Page 135 STAT. 2238]]
``Sec. 51323. <<NOTE: 46 USC 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) <<NOTE: Determination.>> 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) <<NOTE: Compliance.>> 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. <<NOTE: 46 USC 51301 prec.>> 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--
[[Page 135 STAT. 2239]]
(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) <<NOTE: 46 USC 50401 prec.>> 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) <<NOTE: 46 USC 55502 note.>> 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)) <<NOTE: 46 USC 50402 note.>> 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), <<NOTE: 46 USC 50101
prec.>> 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 <<NOTE: 46 USC 54301 prec.>> INFRASTRUCTURE
DEVELOPMENT PROGRAM
``Sec.
``54301. Port infrastructure development program.
[[Page 135 STAT. 2240]]
``Sec. 54301. <<NOTE: 46 USC 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)--
[[Page 135 STAT. 2241]]
(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).
[[Page 135 STAT. 2242]]
``(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, <<NOTE: 46 USC 50101 prec.>> 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''.
[[Page 135 STAT. 2243]]
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) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Summary.>> 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
[[Page 135 STAT. 2244]]
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, <<NOTE: Definition.>> 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--
[[Page 135 STAT. 2245]]
(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) <<NOTE: Compliance.>> 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.
[[Page 135 STAT. 2246]]
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).
[[Page 135 STAT. 2247]]
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.
[[Page 135 STAT. 2248]]
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.
[[Page 135 STAT. 2249]]
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
[[Page 135 STAT. 2250]]
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.
[[Page 135 STAT. 2251]]
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).
[[Page 135 STAT. 2252]]
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
[[Page 135 STAT. 2253]]
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
[[Page 135 STAT. 2254]]
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.
[[Page 135 STAT. 2255]]
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
[[Page 135 STAT. 2256]]
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.
[[Page 135 STAT. 2257]]
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.
[[Page 135 STAT. 2258]]
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
[[Page 135 STAT. 2259]]
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
[[Page 135 STAT. 2260]]
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
[[Page 135 STAT. 2261]]
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
[[Page 135 STAT. 2262]]
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.
[[Page 135 STAT. 2263]]
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
[[Page 135 STAT. 2264]]
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.
[[Page 135 STAT. 2265]]
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
[[Page 135 STAT. 2266]]
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 168,072 168,072
<$5M.
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 284,548 294,548
<$5M.
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
------------------------------------------------------------------------
[[Page 135 STAT. 2267]]
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.
[[Page 135 STAT. 2268]]
.................................. 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
[[Page 135 STAT. 2269]]
.................................. 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]
[[Page 135 STAT. 2270]]
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).
[[Page 135 STAT. 2271]]
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
[[Page 135 STAT. 2272]]
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
[[Page 135 STAT. 2273]]
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.
[[Page 135 STAT. 2274]]
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.
[[Page 135 STAT. 2275]]
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
[[Page 135 STAT. 2276]]
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.
[[Page 135 STAT. 2277]]
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
[[Page 135 STAT. 2278]]
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
[[Page 135 STAT. 2279]]
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
[[Page 135 STAT. 2280]]
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
[[Page 135 STAT. 2281]]
.................................. 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
..................................
[[Page 135 STAT. 2282]]
.................................. 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
[[Page 135 STAT. 2283]]
.................................. 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
[[Page 135 STAT. 2284]]
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
[[Page 135 STAT. 2285]]
.................................. 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.
[[Page 135 STAT. 2286]]
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
[[Page 135 STAT. 2287]]
.................................. 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
[[Page 135 STAT. 2288]]
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]
[[Page 135 STAT. 2289]]
.................................. 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.
[[Page 135 STAT. 2290]]
.................................. 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
[[Page 135 STAT. 2291]]
.................................. 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]
[[Page 135 STAT. 2292]]
.................................. 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.
[[Page 135 STAT. 2293]]
.................................. 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.
[[Page 135 STAT. 2294]]
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.
[[Page 135 STAT. 2295]]
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.
[[Page 135 STAT. 2296]]
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
[[Page 135 STAT. 2297]]
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
----------------------------------------------------------------------------------------------------------------
[[Page 135 STAT. 2298]]
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........
[[Page 135 STAT. 2299]]
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................
[[Page 135 STAT. 2300]]
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
[[Page 135 STAT. 2301]]
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]
[[Page 135 STAT. 2302]]
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]
[[Page 135 STAT. 2303]]
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
[[Page 135 STAT. 2304]]
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....................
[[Page 135 STAT. 2305]]
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................
[[Page 135 STAT. 2306]]
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
[[Page 135 STAT. 2307]]
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.............
[[Page 135 STAT. 2308]]
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..
[[Page 135 STAT. 2309]]
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...................
[[Page 135 STAT. 2310]]
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......................
[[Page 135 STAT. 2311]]
National Commission on [10,000]
Synthetic Biology............
Office of the Secretary of [9,000]
Defense civilian workforce...
Personnel in the Office of [3,000]
Assistant Secretary of
Defense Sustainment and
Environment, Safety, and
Occupational Health..........
Program increase--Afghanistan [5,000]
War Commission...............
Program increase--CDC water [15,000]
contamination study and
assessment...................
Program increase--Commission [5,000]
on Planning, Programming,
Budgeting, and Execution
Reform.......................
Program increase--Commission [5,000]
on the National Defense
Strategy.....................
Program increase--Commission [7,000]
on the Strategic Posture of
the U.S......................
Unjustified growth--non-pay... [-10,000]
550 OFFICE OF THE SECRETARY OF 32,851 32,851
DEFENSE--CYBER...............
560 SPACE DEVELOPMENT AGENCY...... 53,851 53,851
570 WASHINGTON HEADQUARTERS 369,698 364,698
SERVICES.....................
Unjustified growth............ [-5,000]
999 CLASSIFIED PROGRAMS........... 17,900,146 17,833,213
Classified adjustment......... [-66,933]
SUBTOTAL ADMIN & SRVWIDE 34,307,366 34,553,360
ACTIVITIES...................
UNDISTRIBUTED
998 UNDISTRIBUTED................. 490,304
Depot capital investment...... [500,000]
Program reduction--SOCOM [-9,696]
unjustified increase in
management and headquarters
expenses.....................
SUBTOTAL UNDISTRIBUTED........ 490,304
TOTAL OPERATION AND 44,918,366 45,712,415
MAINTENANCE, DEFENSE-WIDE....
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE
ARMED FORCES, DEF
010 US COURT OF APPEALS FOR THE 15,589 15,589
ARMED FORCES, DEFENSE........
SUBTOTAL US COURT OF APPEALS 15,589 15,589
FOR THE ARMED FORCES, DEF....
TOTAL MISCELLANEOUS 15,589 15,589
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
010 OVERSEAS HUMANITARIAN, 110,051 150,051
DISASTER AND CIVIC AID.......
Program increase.............. [40,000]
SUBTOTAL OVERSEAS 110,051 150,051
HUMANITARIAN, DISASTER, AND
CIVIC AID....................
TOTAL MISCELLANEOUS 110,051 150,051
APPROPRIATIONS...............
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 239,849 344,849
[[Page 135 STAT. 2312]]
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........................
[[Page 135 STAT. 2313]]
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
[[Page 135 STAT. 2314]]
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........................
[[Page 135 STAT. 2315]]
TOTAL DEFENSE HEALTH PROGRAM....... 35,592,407 35,459,245
TOTAL OTHER AUTHORIZATIONS......... 39,849,030 39,715,868
------------------------------------------------------------------------
TITLE XLVI--MILITARY <<NOTE: Military Construction Authorization Act for
Fiscal Year 2022.>> 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
[[Page 135 STAT. 2316]]
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.
[[Page 135 STAT. 2317]]
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
[[Page 135 STAT. 2318]]
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
[[Page 135 STAT. 2319]]
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.
[[Page 135 STAT. 2320]]
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
[[Page 135 STAT. 2321]]
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
[[Page 135 STAT. 2322]]
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
[[Page 135 STAT. 2323]]
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
[[Page 135 STAT. 2324]]
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.
[[Page 135 STAT. 2325]]
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.
[[Page 135 STAT. 2326]]
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.
[[Page 135 STAT. 2327]]
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
[[Page 135 STAT. 2328]]
......................
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
[[Page 135 STAT. 2329]]
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
[[Page 135 STAT. 2330]]
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
[[Page 135 STAT. 2331]]
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.
[[Page 135 STAT. 2332]]
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
[[Page 135 STAT. 2333]]
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
[[Page 135 STAT. 2334]]
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
[[Page 135 STAT. 2335]]
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
[[Page 135 STAT. 2336]]
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
[[Page 135 STAT. 2337]]
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
[[Page 135 STAT. 2338]]
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
[[Page 135 STAT. 2339]]
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
[[Page 135 STAT. 2340]]
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
[[Page 135 STAT. 2341]]
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 <<NOTE: Department of State Authorization Act of
2021.>> 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. <<NOTE: 22 USC 263 note.>> 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.
[[Page 135 STAT. 2342]]
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;
[[Page 135 STAT. 2343]]
(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
[[Page 135 STAT. 2344]]
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
[[Page 135 STAT. 2345]]
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.
[[Page 135 STAT. 2346]]
(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
[[Page 135 STAT. 2347]]
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. <<NOTE: 22 USC 263c.>> 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
[[Page 135 STAT. 2348]]
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) <<NOTE: Deadline. Strategy.>> 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.
[[Page 135 STAT. 2349]]
(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--
[[Page 135 STAT. 2350]]
(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) <<NOTE: 22 USC 1977 note.>> 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) <<NOTE: Consultation. Notification.>> 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) <<NOTE: Time period.>> 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
[[Page 135 STAT. 2351]]
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) <<NOTE: 50 USC 1701 note.>> In general.--Section 570 of
Public Law 104-208 is amended--
(A) by amending subsection (c) to read as follows:
``(c) <<NOTE: President. Coordination.>> 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;
[[Page 135 STAT. 2352]]
``(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) <<NOTE: Applicability. 50 USC 1701 note.>> 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) <<NOTE: List.>> 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) <<NOTE: Cost estimate.>> 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.
[[Page 135 STAT. 2353]]
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) <<NOTE: Cost estimate.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Reports. Time period.>> 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
[[Page 135 STAT. 2354]]
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) <<NOTE: Cost estimate.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: List.>> 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) <<NOTE: Estimate. Deadline.>> 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) <<NOTE: Estimate.>> 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. <<NOTE: Evaluations.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2355]]
(C) Evaluations that would be particularly
informative for the awarding of government contracts
should have priority.
(c) <<NOTE: Deadline.>> 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. <<NOTE: 22 USC 305.>> 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) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 2356]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2357]]
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. <<NOTE: 22 USC 292 note.>> 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. <<NOTE: 22 USC 4851 note.>> 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:
[[Page 135 STAT. 2358]]
(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. <<NOTE: Deadline. 22 USC 4802 note.>> 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. <<NOTE: 22 USC 306.>> CONTRACTING METHODS IN CAPITAL
CONSTRUCTION.
(a) <<NOTE: Notification.>> 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) <<NOTE: Reports.>> 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. <<NOTE: Reports.>> 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. <<NOTE: 22 USC 292 note.>> 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.
[[Page 135 STAT. 2359]]
SEC. 5214. <<NOTE: 22 USC 306 note.>> 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. <<NOTE: Deadlines.>> 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) <<NOTE: Analysis.>> In general.--Not later than one
year after date of the enactment of this Act, the Secretary
shall submit to the
[[Page 135 STAT. 2360]]
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) <<NOTE: Examination. Determination.>> examine
the efficiency of the Foreign Service bidding system in
determining foreign assignments;
(C) <<NOTE: Examination.>> examine the factors that
incentivize FSOs to bid on particular assignments,
including danger levels and hardship conditions;
(D) <<NOTE: Examination.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Data.>> 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.
[[Page 135 STAT. 2361]]
(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) <<NOTE: Requirement.>> 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) <<NOTE: Contracts.>> 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
[[Page 135 STAT. 2362]]
(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
[[Page 135 STAT. 2363]]
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.
[[Page 135 STAT. 2364]]
(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 <<NOTE: Deadline.>> such appeal
shall be resolved not later than 60 days after such appeal is filed.''.
(c) <<NOTE: Deadline. Applicability. 22 USC 2734c note.>> 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) <<NOTE: 22 USC 2734e.>> 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
[[Page 135 STAT. 2365]]
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 <<NOTE: 5 USC 10301 prec.>> 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. <<NOTE: 5 USC 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, <<NOTE: 5 USC 2101 prec.>> is amended by
inserting after the item relating to chapter 102 the following:
``103. Department of State.....................................10301.''.
SEC. 5313. <<NOTE: 22 USC 2734f.>> STRATEGIC STAFFING PLAN FOR
THE DEPARTMENT OF STATE.
(a) <<NOTE: Deadline. Time period. Recommenda- tions.>> 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) <<NOTE: Data.>> 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;
[[Page 135 STAT. 2366]]
(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) <<NOTE: Updates.>> 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. <<NOTE: 5 USC 10302.>> Consulting services for the
Department of State
``Any <<NOTE: Contracts.>> 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. <<NOTE: 5 USC 5753 note.>> 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
[[Page 135 STAT. 2367]]
(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) <<NOTE: Reports.>> 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. <<NOTE: 22 USC 2658a.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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.
[[Page 135 STAT. 2368]]
(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) <<NOTE: Summary.>> A summary of such changes
displayed in spreadsheet form.
SEC. 5319. <<NOTE: 22 USC 2651a note.>> WAIVER AUTHORITY FOR
INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF
CERTAIN POSITIONS.
The Secretary <<NOTE: Determination.>> 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. <<NOTE: Notification.>> 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. <<NOTE: Time period. 22 USC 2656 note.>> 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;
[[Page 135 STAT. 2369]]
(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. <<NOTE: 22 USC 3929b.>> COOPERATION WITH OFFICE OF THE
INSPECTOR GENERAL.
(a) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Compliance.>> 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.
[[Page 135 STAT. 2370]]
(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. <<NOTE: Deadline. Update. List. 22 USC 2460 note.>>
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.). <<NOTE: Public information. Web
posting.>> 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) <<NOTE: Definition. Records. Consultation. Determination.>>
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) <<NOTE: 22 USC 4003 note. Deadline.>> 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
[[Page 135 STAT. 2371]]
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. <<NOTE: 22 USC 2736 note.>> 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. <<NOTE: 22 USC 2736.>> 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.
[[Page 135 STAT. 2372]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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. <<NOTE: 22 USC 2736a.>> RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) <<NOTE: Plan.>> 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.--
[[Page 135 STAT. 2373]]
(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. <<NOTE: 22 USC 2736b.>> LEADERSHIP ENGAGEMENT AND
ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) <<NOTE: Requirements.>> 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. <<NOTE: 22 USC 2736c.>> 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
[[Page 135 STAT. 2374]]
(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) <<NOTE: Determination.>> 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. <<NOTE: 22 USC 2736d.>> 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
[[Page 135 STAT. 2375]]
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. <<NOTE: 22 USC 2736e.>> 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. <<NOTE: 22 USC 2679e.>> 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. <<NOTE: 22 USC 2679e.>> LIST OF CERTAIN
TELECOMMUNICATIONS PROVIDERS.
(a) <<NOTE: Deadlines. Consultation. Updates. Contracts.>> 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. <<NOTE: Time periods. Records.>> 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--
[[Page 135 STAT. 2376]]
(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) <<NOTE: Deadline.>> 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 <<NOTE: Public Diplomacy Modernization Act of 2021.>>
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.
[[Page 135 STAT. 2377]]
SEC. 5601. <<NOTE: 22 USC 2651 note.>> SHORT TITLE.
This title may be cited as the ``Public Diplomacy Modernization Act
of 2021''.
SEC. 5602. <<NOTE: 22 USC 2732a.>> 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. <<NOTE: 22 USC 2732b.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2378]]
ensure that public diplomacy programs and activities
across all public diplomacy bureaus and offices are
designed to meet appropriate foreign policy objectives;
and
(F) <<NOTE: Reports. Time period.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 135 STAT. 2379]]
(1) <<NOTE: Records.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Plan.>> 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. <<NOTE: 22 USC 1475g note.>> GUIDANCE FOR CLOSURE OF
PUBLIC DIPLOMACY FACILITIES.
(a) <<NOTE: Deadline. Guidelines.>> 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
[[Page 135 STAT. 2380]]
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) <<NOTE: Notifications.>> 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) <<NOTE: Assessment. Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 22 USC 2732a note.>> 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.
[[Page 135 STAT. 2381]]
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) <<NOTE: Determination. Consultation.>> 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) <<NOTE: Time
period. President. Determination. Consultation.>> 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:
[[Page 135 STAT. 2382]]
``(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. <<NOTE: 10 USC 127e note. Consultation.>> 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,'';
[[Page 135 STAT. 2383]]
(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. <<NOTE: 15 USC 1681c-3.>> 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.
[[Page 135 STAT. 2384]]
``(c) Rulemaking.--
``(1) <<NOTE: Deadline.>> 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) <<NOTE: Effective date. 15 USC 1681c-3 note.>> 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. <<NOTE: 22 USC 262p-14.>> 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) <<NOTE: Time period.>> 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
[[Page 135 STAT. 2385]]
(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) <<NOTE: Time period. 22 USC 262p-14 note.>> 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. <<NOTE: 22 USC 262p-15.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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
[[Page 135 STAT. 2386]]
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) <<NOTE: Repeal. 22 USC 262p-15 note.>> Sunset.--Section 1631 of
the International Financial Institutions Act, as added by subsection
(b), is repealed on the earlier of--
(1) <<NOTE: President. Certification.>> 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. <<NOTE: 22 USC 261 note prec.>> 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) <<NOTE: Reports.>> 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
[[Page 135 STAT. 2387]]
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) <<NOTE: Time period.>> the date that is 7 years after
the date of the enactment of this Act; or
(2) <<NOTE: Reports.>> 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 <<NOTE: 134 Stat. 4839.>> amended--
(1) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(2) <<NOTE: 31 USC 5318A.>> by inserting after subsection
(a) the following:
``(b) <<NOTE: Courts.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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.''.
[[Page 135 STAT. 2388]]
SEC. 6107. BRIEFING ON DELEGATION OF EXAMINATION AUTHORITY UNDER
THE BANK SECRECY ACT.
(a) <<NOTE: Deadline. Consultation.>> 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 <<NOTE: Foreign Service Families Act of 2021.>>
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.
[[Page 135 STAT. 2389]]
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. <<NOTE: 5 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Foreign Service Families Act of
2021''.
SEC. 6202. <<NOTE: 5 USC 6502 note.>> 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) <<NOTE: Deadline. Revision. Regulations.>> 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
[[Page 135 STAT. 2390]]
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) <<NOTE: Regulations.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Definition.>> 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.''.
[[Page 135 STAT. 2391]]
SEC. 6204. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Estimates.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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
[[Page 135 STAT. 2392]]
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) <<NOTE: 20 USC 1015d note.>> 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. <<NOTE: 22 USC 4087.>> TERMINATION OF RESIDENTIAL OR
MOTOR VEHICLE LEASES AND TELEPHONE SERVICE
CONTRACTS.
``The <<NOTE: Applicability.>> 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.''.
[[Page 135 STAT. 2393]]
(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 <<NOTE: Barry Goldwater Scholarship and Excellence in
Education Modernization Act of 2021.>> 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. <<NOTE: 20 USC 4701 note.>> 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'';
[[Page 135 STAT. 2394]]
(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:
[[Page 135 STAT. 2395]]
``(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) <<NOTE: Determination.>> 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 <<NOTE: Certification.>> 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) <<NOTE: Determination.>> 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;'';
[[Page 135 STAT. 2396]]
(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:
[[Page 135 STAT. 2397]]
``SEC. 711. <<NOTE: Deadlines. 6 USC 351. Establishment.>>
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) <<NOTE: Reports.>> 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) <<NOTE: Requirements.>> 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
[[Page 135 STAT. 2398]]
``(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) <<NOTE: Deadline. 6 USC 351 note.>> 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. <<NOTE: 6 USC 352.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Establishment. Recommenda- tions.>> 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
[[Page 135 STAT. 2399]]
``(5) publicize such program within the Department.
``(b) <<NOTE: Consultation.>> 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,
[[Page 135 STAT. 2400]]
rules, regulations, and Federal guidance, and ensure due process
for employees;
``(11) <<NOTE: Analysis. Deadline. Recommenda- tions.>>
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. <<NOTE: 6 USC 411 note.>> INDEPENDENT INVESTIGATION
AND IMPLEMENTATION PLAN.
(a) <<NOTE: Deadline.>> 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).
[[Page 135 STAT. 2401]]
(c) <<NOTE: Reviews. Consultation.>> 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. <<NOTE: 6 USC 353.>> 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) <<NOTE: Web posting. Criteria.>> 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
[[Page 135 STAT. 2402]]
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) <<NOTE: List.>> 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. <<NOTE: 6 USC 195h.>> NATIONAL URBAN SECURITY
TECHNOLOGY LABORATORY.
``(a) <<NOTE: Designation.>> 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.
[[Page 135 STAT. 2403]]
``(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 <<NOTE: Time period. Effective date.>> 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) <<NOTE: Establishment.>> 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.
[[Page 135 STAT. 2404]]
``(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. <<NOTE: 6 USC 597a.>> 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) <<NOTE: Standards.>> 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;
[[Page 135 STAT. 2405]]
``(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) <<NOTE: Deadline. Plan.>> 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) <<NOTE: Plan.>> a replenishment plan; and
``(3) <<NOTE: Inventory. Procedures.>> inventory tracking,
reporting, and reconciliation procedures for existing stockpiles
and new medical countermeasure purchases.
``(e) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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.''.
[[Page 135 STAT. 2406]]
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. <<NOTE: 6 USC 474.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Analysis.>> analyze present
and projected performance of industries that
comprise or support such domain;
``(iii) <<NOTE: Examination.>> 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;
[[Page 135 STAT. 2407]]
``(iv) <<NOTE: Examination.>> 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) <<NOTE: Effective date. Reports. Recommenda- tions.>>
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. <<NOTE: Updates. Time period.>>
Such report shall be updated annually through 2026.
``(b) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Time period.>> 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.''.
[[Page 135 STAT. 2408]]
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) <<NOTE: Notifications.>> 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
[[Page 135 STAT. 2409]]
(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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Deadline. Coordination. Consultation.>> 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
[[Page 135 STAT. 2410]]
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;
[[Page 135 STAT. 2411]]
``(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) <<NOTE: Criteria. Determination.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Deadline. Time
period. Coordination. Consultation.>> 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) <<NOTE: Assessment. Analysis.>> 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--
[[Page 135 STAT. 2412]]
(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. <<NOTE: 49 USC 114 note.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimate.>> 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,
[[Page 135 STAT. 2413]]
and the estimated cost of technology investments needed to fully
implement across the aviation system solutions to such threats.
(3) <<NOTE: Procedures.>> 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. <<NOTE: 49 USC 44901 note.>> PLAN TO REDUCE THE SPREAD
OF CORONAVIRUS AT PASSENGER SCREENING
CHECKPOINTS.
(a) <<NOTE: Deadline. Coordination. Consultation.>> 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.
[[Page 135 STAT. 2414]]
(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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2415]]
(5) The term ``TSA'' means the Transportation Security
Administration.
SEC. 6416. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF HOMELAND
SECURITY TRUSTED TRAVELER PROGRAMS.
Not <<NOTE: Deadline.>> 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 <<NOTE: Examination.>> 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. <<NOTE: 49 USC 44919 note.>> 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. <<NOTE: 6 USC 124h-1.>> 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,
[[Page 135 STAT. 2416]]
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) <<NOTE: Review. Assessment. Recommenda- tions.>> 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
[[Page 135 STAT. 2417]]
(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. <<NOTE: 6 USC 1137a.>> LOCAL LAW ENFORCEMENT SECURITY
TRAINING.
(a) <<NOTE: Consultation.>> 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:
[[Page 135 STAT. 2418]]
(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.''.
[[Page 135 STAT. 2419]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> Recommendations to improve
the manner in which public transportation security assistance
grant program funds address vulnerabilities in public
transportation infrastructure.
(6) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 6 USC 114 note.>> SENSITIVE SECURITY
INFORMATION; AVIATION SECURITY.
(a) Sensitive Security Information.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Schedule.>> 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.
[[Page 135 STAT. 2420]]
(2) <<NOTE: Deadline.>> 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) <<NOTE: 49 USC 114 note.>> Aviation Security.--
(1) <<NOTE: Deadline. Guidelines.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2421]]
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. <<NOTE: 22 USC 276c-5.>> 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) <<NOTE: President.>> Investors Council and Board of
Directors.--
(1) <<NOTE: Designation.>> 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) <<NOTE: Deadline.>> 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
[[Page 135 STAT. 2422]]
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. <<NOTE: 22 USC 2348 note.>> REQUIRED NOTIFICATION AND
REPORTS RELATED TO PEACEKEEPING
OPERATIONS ACCOUNT.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> Annual report.--Not later than
90 days after the enactment of this Act, and annually thereafter
for 5 years,
[[Page 135 STAT. 2423]]
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) <<NOTE: Assessment.>> 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. <<NOTE: 22 USC 263b.>> 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--
[[Page 135 STAT. 2424]]
(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.--
[[Page 135 STAT. 2425]]
(1) <<NOTE: Time period. Consultation.>> 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) <<NOTE: List. Determination.>> 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) <<NOTE: Assessment.>> 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.
[[Page 135 STAT. 2426]]
(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) <<NOTE: Strategy.>> 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. <<NOTE: Public
information. Web posting.>> 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) <<NOTE: Deadline. Coordination.>> 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. <<NOTE: 22 USC 2656k.>> 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.
[[Page 135 STAT. 2427]]
(b) In General.--
(1) <<NOTE: Deadline. Strategy.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2428]]
(3) <<NOTE: Determination.>> Any other country the
Secretary of State determines presents serious human rights
concerns for the purpose of informing such individuals.
(4) <<NOTE: Consultation. Determination.>> Any country the
Secretary of State, in consultation with other cabinet officials
as appropriate, determines presents a serious
counterintelligence risk.
SEC. 6505. <<NOTE: 22 USC 8902 note.>> 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) <<NOTE: 131 Stat. 934.>> 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) <<NOTE: 131 Stat. 935.>> 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
[[Page 135 STAT. 2429]]
(C) <<NOTE: 131 Stat. 936.>> 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. <<NOTE: Public information. Web posting.>> 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) <<NOTE: Time period. Consultation.>> 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
[[Page 135 STAT. 2430]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Web posting. Briefing.>> 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) <<NOTE: Deadline. Time period. Consultation.>> 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--
[[Page 135 STAT. 2431]]
(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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Summaries.>> Matters To Be Included.--The strategy
required by subsection (a) shall include the following:
(1) <<NOTE: Statement.>> 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
[[Page 135 STAT. 2432]]
(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) <<NOTE: Deadline.>> 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--
[[Page 135 STAT. 2433]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Update.>> 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.
[[Page 135 STAT. 2434]]
SEC. 6511. UNITED STATES GRAND STRATEGY WITH RESPECT TO CHINA.
(a) <<NOTE: Deadlines. President.>> 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) <<NOTE: Classified information. Summary.>> 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) <<NOTE: Evaluation.>> 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
[[Page 135 STAT. 2435]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 135 STAT. 2436]]
(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) <<NOTE: President.>> Deadline for appointment.--Not
later than 60 days after the date on which the President first
submits to Congress
[[Page 135 STAT. 2437]]
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) <<NOTE: List.>> submit to Congress a list of
the members so appointed.
(6) <<NOTE: Contracts.>> 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--
[[Page 135 STAT. 2438]]
(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) <<NOTE: Determination. Time period.>>
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) <<NOTE: 38 USC 2402 note.>> 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. <<NOTE: 50 USC 3001 note.>> ANOMALOUS HEALTH INCIDENTS
INTERAGENCY COORDINATOR.
(a) Anomalous Health Incidents Interagency Coordinator.--
(1) <<NOTE: Deadline. President.>> 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
[[Page 135 STAT. 2439]]
(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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Update.>> 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) <<NOTE: Update.>> 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) <<NOTE: Update.>> 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
[[Page 135 STAT. 2440]]
(I) such other matters as the Interagency
Coordinator or the Agency Coordination Leads may
consider appropriate.
(3) Unclassified briefing summary.--
(A) <<NOTE: Deadline. Time period.>> 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) <<NOTE: President.>> 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;
[[Page 135 STAT. 2441]]
(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) <<NOTE: Investigation.>> investigate and characterize
the cause of anomalous health incidents, including
investigations of causation and attribution;
(4) <<NOTE: Data.>> collect and analyze data related to
anomalous health incidents;
(5) <<NOTE: Coordination.>> 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) <<NOTE: Web posting.>> 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.''.
[[Page 135 STAT. 2442]]
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) <<NOTE: 15 USC 8815.>> by redesignating section 105 as
section 106; and
(2) by inserting after section 104 the following new
section:
``SEC. 105. <<NOTE: 15 USC 8814a.>> 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
[[Page 135 STAT. 2443]]
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) <<NOTE: 15 USC 8814a note.>> 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) <<NOTE: 15 USC 8801.>> 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).'';
[[Page 135 STAT. 2444]]
(2) <<NOTE: 15 USC 8812.>> 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) <<NOTE: 15 USC 8814.>> 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 <<NOTE: 132 Stat. 5092.>> 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) <<NOTE: Consultation. Analysis.>> 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) <<NOTE: Consultation.>> Report Required.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Health and Human
[[Page 135 STAT. 2445]]
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. <<NOTE: South Carolina.>> 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;
[[Page 135 STAT. 2446]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> the asset will
remain in use as described in this section for at
least 30 years after the date the asset is
transferred; and
[[Page 135 STAT. 2447]]
``(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. <<NOTE: Blocking Deadly Fentanyl Imports Act. 22 USC
2151 note.>> 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
[[Page 135 STAT. 2448]]
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
[[Page 135 STAT. 2449]]
(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) <<NOTE: Time period.>> 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''.
[[Page 135 STAT. 2450]]
(e) <<NOTE: 22 USC 2291 note.>> 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.
Approved December 27, 2021.
LEGISLATIVE HISTORY--S. 1605 (H.R. 4350):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 117-118 and Pt. 2 (both from Comm. on Armed Services)
accompanying H.R. 4350.
CONGRESSIONAL RECORD, Vol. 167 (2021):
June 9, considered and passed Senate.
Dec. 7, considered and passed House, amended.
Dec. 8, 14, 15, Senate considered and concurred in House
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
Dec. 27, Presidential statement.
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