H.R. 4350 — Reported in House → Engrossed in House

Sec. 2 Organization of Act into divisions; table of contents

(a)

changed Divisions— This Act is organized into ~~four~~ seven divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding Tables.

(5)

Division E—Non-Department of Defense Matters.

(6)

added Division F—Department of State Authorities.

(7)

added Division G—Global Pandemic Prevention and Biosecurity.

(b)

Table of contents— The table of contents for this Act is as follows:

Sec. 115 Plan for ensuring sources of cannon tubes

added

added The Secretary of the Army shall develop and implement an investment and sustainment plan to ensure the sourcing of cannon tubes for the purpose of mitigating risk to the Army and the industrial base. Under the plan, the Secretary of the Army shall—

(1)

added identify qualified and capable sources, in addition to those currently used, from which cannon tubes may be procured; and

(2)

added determine the feasibility, advisability, and affordability of procuring cannon tubes from such sources on a sustainable basis.

Sec. 136 Sense of Congress on Joint Surveillance Target Attack Radar System aircraft

added

added It is the sense of Congress that—

(1)

added the Joint Surveillance Target Attack Radar System aircraft is an essential element of the aircraft fleet of the Air Force; and

(2)

added before retiring any such aircraft, the Secretary of the Air Force should strictly adhere to each provision of law relating to the use, operation, and retirement of such aircraft.

Sec. 137 Limitation on availability of funds for retirement of RC–26B aircraft

added

(a)

added Limitation— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or to prepare to retire, divest, realign, or place in storage or on backup aircraft inventory status, any RC–26B aircraft.

(b)

added Exception— The limitation in subsection (a) shall not apply to individual RC–26B aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps or other damage.

(c)

added Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform—

(1)

added Operation and maintenance— Of the funds authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Air National Guard, the Secretary of the Air Force may transfer up to $18,500,000 to be used in support of the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(2)

added Military personnel— Of the funds authorized to be appropriated in section 401 for military personnel, as specified in the corresponding funding table in section 4401, the Secretary of the Air Force may transfer up to $13,000,000 from military personnel, Air National Guard to be used in support of personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(d)

added Memoranda of agreement— Notwithstanding any other provision of law, the Secretary of Defense may enter into one or more memoranda of agreement or cost-sharing agreements with other departments and agencies of the Federal Government under which the RC–26B aircraft may be used to assist with the missions and activities of such departments and agencies.

Sec. 138 Report relating to reduction of total number of tactical airlift aircraft

added

(a)

added Findings— Congress finds the following:

(1)

added The C–130 tactical airlift aircraft fulfills a wide range of intratheater airlift missions.

(2)

added Such aircraft operate out of military installations throughout the United States.

(3)

added The proposed total force structure referenced in the National Defense Authorization Act for Fiscal Year 2013 called for a total force size of 326 C–130 aircraft.

(4)

added The Air Force included a six-year plan for fiscal years 2015 through 2020 for the Air Force, Air Force Reserve, and Air National Guard C–130 force structure, which called for a total force size of 300 such aircraft by fiscal year 2019.

(5)

added The 2018 Mobility Capabilities and Requirements Study recommended a total force size of 300 C–130s to support wartime mobility requirements.

(6)

added The Air Force has sought to reduce the number of C–130 aircraft below 300, which is inconsistent with force structure and plans referred to in paragraphs (3) through (5).

(b)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—

(1)

added with respect to the reduction of the total number of tactical airlift aircraft, information relating to—

(A)

added the justification used for such reduction; and

(B)

added any consideration of domestic operations used in such justification;

(2)

added an analysis of the role of tactical airlift aircraft in domestic operations; and

(3)

added information relating to discussions concerning decisionmaking processes with Governors of States who may be impacted by such reduction.

Sec. 141 Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program

(a)

F–35A quantity limit for the Air Force—

(1)

Limitation— Beginning on October 1, 2028, the total number of F–35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of—

(A)

1,763; or

(B)

the number obtained by—

(i)

multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and

(ii)

rounding the product of the calculation under clause (i) to the nearest whole number.

(2)

Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A)

4,100,000, divided by

(B)

a number equal to the average cost-per-tail-per-year of the F–35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (e)).

(b)

F–35B quantity limit for the Marine Corps—

(1)

renumbered was (3)(2) 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)

renumbered was (3)(2)(3) 353; or

(B)

renumbered was (3)(2)(4) the number obtained by—

(i)

renumbered was (3)(2)(4)(2) multiplying 353 by the cost-per-tail factor determined under paragraph (2); and

(ii)

renumbered was (3)(2)(4)(3) rounding the product of the calculation under clause (i) to the nearest whole number.

(2)

renumbered was (3)(3) Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A)

renumbered was (3)(3)(3) 6,800,000, divided by

(B)

renumbered was (3)(3)(4) a number equal to the average cost-per-tail-per-year of the F–35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (e)).

(c)

F–35C quantity limit for the Navy—

(1)

renumbered was (4)(2) 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)

renumbered was (4)(2)(3) 273; or

(B)

renumbered was (4)(2)(4) the number obtained by—

(i)

renumbered was (4)(2)(4)(2) multiplying 273 by the cost-per-tail factor determined under paragraph (2); and

(ii)

renumbered was (4)(2)(4)(3) rounding the product of the calculation under clause (i) to the nearest whole number.

(2)

renumbered was (4)(3) Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A)

renumbered was (4)(3)(3) 7,500,000, divided by

(B)

renumbered was (4)(3)(4) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (e)).

(d)

F–35C Quantity limit for the Marine Corps—

(1)

renumbered was (5)(2) 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)

renumbered was (5)(2)(3) 67; or

(B)

renumbered was (5)(2)(4) the number obtained by—

(i)

renumbered was (5)(2)(4)(2) multiplying 67 by the cost-per-tail factor determined under paragraph (2); and

(ii)

renumbered was (5)(2)(4)(3) rounding the product of the calculation under clause (i) to the nearest whole number.

(2)

renumbered was (5)(3) Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A)

renumbered was (5)(3)(3) 6,800,000, divided by

(B)

renumbered was (5)(3)(4) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (e)).

(e)

Determination of cost-per-tail-per-year for fiscal year 2027— —

(1)

In general— Not later than 90 days after the end of fiscal year 2027—

(A)

the Secretary of the Air Force shall determine the average cost-per-tail of the F–35A aircraft of the Air Force during fiscal year 2027; and

(B)

the Secretary of the Navy shall determine the average cost-per-tail of—

(i)

the F–35B aircraft of the Marine Corps during such fiscal year;

(ii)

the F–35C aircraft of the Navy during such fiscal year; and

(iii)

the F–35C aircraft of the Marine Corps during such fiscal year.

(2)

Calculation— For purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed Force shall be determined by—

(A)

adding the total amount expended for fiscal year 2027 (in base year fiscal 2012 dollars) for all such aircraft in the inventory of the Armed Force for—

(i)

unit level manpower;

(ii)

unit operations;

(iii)

maintenance;

(iv)

sustaining support;

(v)

continuing system support; and

(vi)

modifications; and

(B)

dividing the sum obtained under subparagraph (A) by the average number of such aircraft in the inventory of the Armed Force during such fiscal year.

(f)

Waiver authority— The Secretary of Defense may waive the quantity limits under any of subsections (a) through (d) if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated.

(g)

Aircraft defined— In this section, the term “aircraft” means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country.

Sec. 145 Briefing on military type certifications for aircraft

added

(a)

added Briefing required— Not later than April 30, 2022, the Secretary of the Air Force, or the Secretary’s designee, shall provide to the congressional defense committees a briefing on the process for evaluating and granting military type certifications for aircraft.

(b)

added Elements— The briefing under subsection (a) shall include a detailed overview of the process for granting military type certifications for aircraft, including the following:

(1)

added The evaluation criteria used for determining the suitability of an aircraft to receive a military type certification, including the threshold requirements for obtaining such a certification.

(2)

added Whether commercially available data is used as part of the evaluation process, and if commercially available data is not used, an explanation of the reasons such data is not used.

(3)

added The list of aircraft granted military type certifications over the past 10 years.

(4)

added The national security implications taken into account when determining the suitability of an aircraft for a military type certification.

(c)

added Form— The briefing under subsection (a) shall be submitted in unclassified format but may include a classified annex.

(d)

added Submittal of materials— The Secretary of the Air Force shall deliver any materials relevant to the briefing to the congressional defense committees before the date of the briefing.

Sec. 214 Minority Institute for Defense Research

(a)

Plan to establish Minority Institute for Defense Research—

(1)

In general— Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a plan (in this section referred to as the “Plan”) for the establishment of the Minority Institute for Defense Research (in this section referred to as the “Consortium”).

(2)

Elements— The Plan shall include the following:

(A)

Information relating to the projected needs of the Department for the next twenty years with respect to essential engineering, research, or development capability.

(B)

changed An assessment relating to the engineering, research, and development ~~capability~~ capability, including physical infrastructure, of each minority institution.

(C)

changed Information relating to the advancements and investments necessary to elevate a minority institution or a consortium of minority institutions (including historically black colleges and universities) to the research capacity of a University Affiliated Research Center.

(D)

Recommendations relating to actions that may be taken by the Department, Congress, and minority institutions to establish the Consortium within 10 years.

(3)

added Consultation— In developing the plan under paragraph (1), the Secretary shall consult with the following:

(A)

added The Secretary of Education.

(B)

added The Secretary of Agriculture.

(C)

added The Secretary of Energy.

(D)

added The Administrator of the National Aeronautics and Space Administration.

(E)

added The National Science Foundation.

(F)

added Such other organizations as the Secretary considers appropriate.

(4)

renumbered was (2)(4) Publicly available— The Plan shall be posted on a publicly available website of the Department.

(b)

Naming of the Consortium— With respect to the naming of the Consortium, the Secretary shall—

(1)

establish a process to solicit and review proposals of names from—

(A)

minority institutions;

(B)

nonprofit institutions that advocate on behalf of minority institutions; and

(C)

members of the public;

(2)

develop a list of all names received pursuant to paragraph (1);

(3)

provide opportunity for public comment on the names included on such list; and

(4)

choose a name from such list to name the Consortium.

(c)

changed Grant program for historically black colleges and universities and minority institutions—

(1)

In general— The Secretary may establish a program to award grants, on a competitive basis, to minority institutions for the purposes described in paragraph (2).

(2)

Purposes— The purposes described in this paragraph are the following:

(A)

Establishing a legal entity for the purpose of entering into research contracts or agreements with the Federal Government or the Consortium.

(B)

Developing the capability to bid on Federal Government or Consortium contracts.

(C)

Requesting technical assistance from the Federal Government or a private entity with respect to contracting with the Federal Government or the Consortium.

(D)

Recruiting and retaining research faculty.

(E)

changed Advancing research ~~capabilities~~ capabilities, including physical infrastructure, relating to the national security of the United States.

(F)

Any other matter determined appropriate by the Secretary.

(3)

Application— To be eligible to receive a grant under this section, a minority institution shall submit to the Secretary an application in such form, and containing such information, as the Secretary may require.

(4)

Preference— In awarding grants pursuant to paragraph (1), the Secretary may give preference to a minority institution with a R1 or R2 status on the Carnegie Classification of Institutions of Higher Education.

(d)

Subcontracting requirements for minority institutions—

(1)

In general— Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(m)

“(1) The head of an agency shall require that a contract awarded to Department of Defense Federally Funded Research and Development Center or University Affiliated Research Center includes a requirement to establish a partnership to develop the capacity of minority institutions to address the research and development needs of the Department. Such partnerships shall be through a subcontract with one or more minority institutions for a total amount of not less than 5 percent of the amount awarded in the contract.

“(2) For the purposes of this subsection, a minority institution means—

“(A) a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))); or

“(B) any other institution of higher education (as such term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.”

(2)

Effective date— The amendments made by paragraph (1) shall—

(A)

take effect on October 1, 2026; and

(B)

apply with respect to funds that are awarded by the Department of Defense on or after such date.

(e)

Definitions— In this section:

(1)

The term “Department” means the Department of Defense.

(2)

The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(3)

added The term “historically black college or university” means a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))).

(4)

renumbered was (6)(5) The term “minority institution” means—

(A)

added a historically black college or university; or

(A)

removed ~~a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))); or~~

(B)

renumbered was (6)(5)(3) any institution of higher education at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.

(5)

renumbered was (6)(6) The term “Secretary” means the Secretary of Defense.

(6)

renumbered was (6)(7) The term “University Affiliated Research Center” means a research organization within an institution of higher education that—

(A)

renumbered was (6)(7)(2) provides or maintains Department essential engineering, research, or development capabilities; and

(B)

renumbered was (6)(7)(3) receives sole source contract funding from the Department pursuant to section 2304(c)(3)(B) of title 10, United States Code.

Sec. 222 Prohibition on reduction of naval aviation testing and evaluation capacity

(a)

Prohibition— During the period beginning on the date of the enactment of this Act and ending on October 1, 2022, the Secretary of the Navy may not take any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following:

(1)

The aviation-related operational testing and evaluation capacity of the Department of the Navy.

(2)

The billets assigned to support such capacity.

(3)

The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft.

(b)

Report required— Not later than June 30, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report:

(1)

changed 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~~Navy.

(2)

The plans of the Secretary of the Navy to reduce the testing and evaluation capacity and infrastructure of the Navy with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President submitted to Congress on May 28, 2021.

(3)

The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task operational naval aviation units and organizations to efficiently and effectively execute testing and evaluation master plans for various aviation-related programs and projects of the Department of the Navy.

Sec. 225 Funding for hypersonics advanced manufacturing

added

(a)

added In general— Of the funds authorized to be appropriated by section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for advanced technology development for the Defense-wide manufacturing science and technology program, line 050 (PE0603680D8Z), $15,000,000 is authorized to be used in support of hypersonics advanced manufacturing.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Space Force, as specified in the corresponding funding table in section 4301, for contractor logistics and system support, line 080, is hereby reduced by $15,000,000.

Sec. 226 Funding increase for 3D printing of infrastructure

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201, as specified in the corresponding funding table in section 4201, line 038 (PE 0603119A), is hereby increased by $12,500,000.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for Integrated Personnel and Pay System - Army (IPPS-A), line 121, is hereby reduced by $12,500,000.

Sec. 227 Funding increase for cold weather capabilities

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for applied research, materials, line 005 (PE 0602102F), is hereby increased by $7,500,000.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for Integrated Personnel and Pay System - Army (IPPS-A), line 121, is hereby reduced by $7,500,000.

Sec. 228 Funding for soldier lethality technology

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test and evaluation, Army, as specified in the corresponding funding table in section 4201, for advanced technology development, soldier lethality advanced technology (PE0603118A), line 037, is hereby increased by $8,000,000.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Space Force, as specified in the corresponding funding table in section 4301, for contractor logistics and system support, line 080, is hereby reduced by $8,000,000.

Sec. 229 Pilot program on data libraries for training artificial intelligence models

added

(a)

added Data libraries— The Secretary of Defense, acting through the Director of the Joint Artificial Intelligence Center, is authorized to carry out a pilot program under which Secretary may—

(1)

added establish data libraries containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and

(2)

added allow private companies to access such data libraries for the purposes of developing artificial intelligence models and other technical software solutions.

(b)

added Objectives— The objective of the pilot program under subsection (a) shall be to ensure that the Department of Defense is able to procure optimal artificial intelligence and machine learning software capabilities that can quickly scale to meet the needs of the Department.

(c)

added Elements— If the Secretary of Defense elects to carry out the pilot program under subsection (a), the data libraries established under the program—

(1)

added may include unclassified data stacks representative of diverse types of information, such as aerial imagery, radar, synthetic aperture radar, captured exploitable material, publicly available information, and as many other data types the Secretary determines appropriate; and

(2)

added shall be made available to covered software companies beginning immediately upon the covered software company entering into a contract or agreement with the Secretary to support rapid development of high-quality software.

(d)

added Availability— If the Secretary of Defense elects to carry out the pilot program under subsection (a), the Secretary, acting through the Chief Information Officer of the Department, shall ensure that the data libraries established under the program are available to covered software companies by not later than 180 days after the date on which the program is commenced.

(e)

added Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on implementing this section, including an identification of the types of information that the Secretary determines are feasible and advisable to include in the data stacks under subsection (b)(1).

Sec. 229A Establishment of quantum network testbed program for Department of Air Force

added

(a)

added In general— The Secretary of the Air Force may establish a program to develop a proof-of-concept quantum network testbed that may be accessed by prototype quantum computers.

(b)

added Funding for quantum network testbed program—

(1)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation Air Force applied research, line 014, as specified in the corresponding funding table in section 4201, for dominant information sciences and methods is hereby increased by $10,000,000 (to be used to in support of the quantum network and computing testbed program under this section).

(2)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, space force, as specified in the corresponding funding table in section 4301, contractor logistics and system support, line 080, is hereby reduced by $10,000,000.

Sec. 233 Advanced propulsion system acquisition strategy for the F–35B and F–35C aircraft

(a)

In general— Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program (referred to in this section as “AETP”) propulsion system or other advanced propulsion system into F–35B and F–35C aircraft.

(b)

Elements— The report required under subsection (a) shall include the following:

(1)

An analysis of the impact on combat effectiveness and sustainment cost from increased thrust, fuel efficiency, and thermal capacity for each variant of the F–35, to include the improvements on acceleration, speed, range, and overall mission effectiveness, of each advanced propulsion system.

(2)

An assessment in the reduction on the dependency on support assets, to include air refueling and replenishment tankers, and the overall cost benefits to the Department from reduced acquisition and sustainment of such support assets, from the integration of each advanced propulsion system.

(3)

A competitive acquisition strategy, informed by fiscal considerations, the assessment on combat effectiveness, and technical limitations, to—

(A)

changed integrate an advanced propulsion system into the F–35B aircraft and integrate an advanced propulsion system into the F–35C ~~aircraft; and~~aircraft;

(B)

begin, in a fiscal year as determined by a cost benefit analysis, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and

(C)

begin, in a fiscal year and quantity as determined by a cost benefit analysis, activities to retrofit F–35B aircraft and F–35C aircraft with such propulsion systems.

(4)

An implementation plan to implement the strategy described in paragraph (3).

(5)

A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy.

(c)

Definitions— In this section:

(1)

The term “variant of the F-35” means:

(A)

the F–35B; and

(B)

the F–35C.

(2)

The term “advanced propulsion system” means:

(A)

the Adaptive Engine Transition Program propulsion system; or

(B)

a derivative of a propulsion system developed for the F–35.

Sec. 234 Assessment and report on airborne electronic attack capabilities and capacity

(a)

Assessment— The Secretary of the Air Force shall conduct an assessment of—

(1)

the status of the airborne electronic attack capabilities and capacity of the Air Force; and

(2)

the feasibility and advisability of adapting the ALQ–249 Next Generation Jammer for use on Air Force tactical aircraft, including an analysis of—

(A)

changed the suitability of the jammer for use on such ~~aircraft; and~~aircraft;

(B)

the compatibility of the jammer with such aircraft; and

(C)

identification of any unique hardware, software, or interface modifications that may be required to integrate the jammer with such aircraft.

(b)

Report— Not later than February 15, 2022, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessment conducted under subsection (a).

Sec. 235 Strategy for autonomy integration in major weapon systems

(a)

Strategy required— Not later than one year after the date of the enactment of this Act the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a strategy to resource and integrate, to the maximum extent possible, autonomy software that enables full operational capability in high threat, communications and GPS-denied environments into major weapons systems of the Department of Defense by fiscal year 2025.

(b)

Elements— The strategy required under subsection (a) shall include—

(1)

a list of weapon systems and programs, to be selected by the Secretary of Defense, which can be integrated with autonomy software as described in subsection (a) by fiscal year 2025;

(2)

timelines for autonomy software integration into the weapon systems and programs as identified under paragraph (1);

(3)

funding requirements related to the development, acquisition, and testing of autonomy software;

(4)

plans to leverage commercially-available artificial intelligence software, universal common control software, and autonomy software and related self-driving or self-piloting technologies, where appropriate; and

(5)

plans to include autonomy software, artificial intelligence, and universal common control.

(6)

added Plans for ensuring the safety and security of major weapon systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems.

(c)

Consultation— The Secretary shall develop the strategy required under subsection (a) in consultation with—

(1)

the Under Secretary of Defense for Research and Engineering;

(2)

the Secretaries of the military departments; and

(3)

such other organizations and elements of the Department of Defense as the Secretary determines appropriate.

(d)

Report—

(1)

In general— Not later than one year after the date on which the strategy required under subsection (a) is submitted to the Committees on Armed Services of the Senate and House of Representatives, and not later than October 1 of each of the five years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that describes the status of the implementation of the strategy.

(2)

Contents— The report required under paragraph (1) shall—

(A)

identify any substantial changes made in the strategy during the preceding calendar year; and

(B)

describe the progress made in implementing the strategy.

(e)

Form— The strategy required under subsection (a) and the report required under subsection (d) shall be submitted in unclassified form but may contain a classified annex.

Sec. 236 Roadmap for research and development of disruptive manufacturing capabilities

added

(a)

added Roadmap— The Under Secretary of Defense for Research and Engineering, in consultation with the Department of Defense Manufacturing Innovation Institutes, shall develop a capabilities integration roadmap for disruptive manufacturing technologies including workforce skills needed to support it and proposed pilot-scale demonstration projects proving concepts, models, technologies, and engineering barriers.

(b)

added Briefing— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the roadmap developed under subsection (a).

Sec. 237 Biennial Assessments of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division

added

(a)

added Assessments required— Not later than 30 days after the date on which the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2023 and 2025, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division.

(b)

added Elements— Each assessment under subsection (a) shall include, for the period covered by the assessment, a description of—

(1)

added any challenges of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division with respect to completing its mission, including with respect to test activities and infrastructure; and

(2)

added the plan of the Secretary to address such challenges.

Sec. 238 Report detailing compliance with disclosure requirements for recipients of research and development funds

added

added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing compliance with the disclosure requirements for recipients of research and development funds required under section 2374b of title 10, United States Code.

Sec. 239 Sense of Congress on the additive manufacturing and machine learning initiative of the Army

added

added It is the sense of Congress that—

(1)

added the additive manufacturing and machine learning initiative of the Army has the potential to accelerate the ability to deploy additive manufacturing capabilities in expeditionary settings and strengthen the United States defense industrial supply chain; and

(2)

added Congress and the Department of Defense should continue to support the additive manufacturing and machine learning initiative of the Army.

Sec. 240 Research security training requirement for Federal research grant personnel

added

(a)

added Annual training requirement— Drawing on stakeholder input, not later than 12 months after the date of the enactment of this Act, each Federal research agency shall establish a requirement that, as part of an application for a research and development award from the agency—

(1)

added each covered individual listed on the application for a research and development award certify that they have completed research security training that meets the guidelines developed under subsection (b) within one year of the application; and

(2)

added each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by the institution or organization and listed on the application has been made aware of the requirement under this subsection.

(b)

added Training guidelines— The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), shall develop guidelines for institutions of higher education and other organizations receiving Federal research and development funds to use in developing their own training programs to address the unique needs, challenges, and risk profiles of such institutions, including adoption of training modules developed under subsection (c).

(c)

added Security training modules—

(1)

added In general— Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy in coordination with the Director of the National Science Foundation and the Director of the National Institute of Health, and in consultation with other relevant Federal research agencies, shall enter into an agreement or contract with a qualified entity for the development of online research security training modules for the research community, including modules focused on international collaboration and international travel, foreign interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict of interest.

(2)

added Stakeholder input— Prior to entering into the agreement under paragraph (1), the Director of the Office of Science and Technology Policy shall seek input from academic, private sector, intelligence, and law enforcement stakeholders regarding the scope and content of training modules, including the diversity of needs across institutions of higher education and other awardees of different sizes and types, and recommendations for minimizing administrative burden on institutions of higher education and researchers.

(3)

added Development— The Director of the Office of Science and Technology Policy shall ensure that the entity identified in paragraph (1)—

(A)

added develops modules that can be adapted and utilized across Federal science agencies; and

(B)

added develops and implements a plan for regularly updating the modules as needed.

(d)

added Constistency— The Director of the Office of Science and Technology Policy shall ensure that the training requirements issued by Federal research agencies under subsection (a) are consistent.

(e)

added Definitions— In this section:

(1)

added The term “covered individual” means an individual who—

(A)

added contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and

(B)

added is designated as a covered individual by the Federal research agency concerned.

(2)

added The term “Federal research agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000.

(3)

added The term “research and development award” means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.

Sec. 302 Funding for Army Community Services

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army base operations support, line 100, as specified in the corresponding funding table in section 4301, for Army Community Services, line 110, is hereby increased by $30,000,000.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Army Administration, line 440, is hereby reduced by $15,000,000.

(c)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Army Other Service Support, line 480, is hereby reduced by $15,000,000.

Sec. 303 Increase in funding for civil military programs

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs is hereby increased by $35,281,000 (to be used in support of the National Guard Youth Challenge Program).

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Office of Secretary of Defense, Line 540, is hereby reduced by $35,281,000.

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)

changed in clause (ii), by striking “actors,” and inserting “actors, and the current or projected threats to military installation ~~resilience,”~~ resilience,”; and

(B)

by inserting after clause (ix), the following new clause:

“(x) Strategic goals to address or mitigate the current and projected risks to military installation resilience.”

(2)

in paragraph (2)(A), in the matter preceding clause (i), by striking “priorities,” and inserting “priorities, including priorities relating to the current or projected risks to military installation resilience,”.

(b)

National defense sustainment and logistics review—

(1)

In general— The first section 118a of such title is amended—

(A)

in subsection (a), by striking “capabilities,” and inserting “capabilities, response to risks to military installation resilience,”;

(B)

by redesignating such section, as amended by subparagraph (A), as section 118b; and

(C)

by moving such section so as to appear after section 118a.

(2)

Clerical and conforming amendments—

(A)

Clerical amendments— The table of sections for chapter 2 of such title is amended—

(i)

by striking the first item relating to section 118a; and

(ii)

by inserting after the item relating to section 118a the following new item:

(B)

Conforming amendment— Section 314(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “section 118a” and inserting “section 118b”.

(c)

Chairman’s risk assessment— Section 153(b)(2)(B) of title 10, United States Code, is amended by inserting after clause (vi) the following new clause:

“(vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.”

(d)

Strategic decisions relating to military installations— The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the risks associated with military installation resilience when making any strategic decision relating to such installation, including where to locate such installation and where to position equipment, infrastructure, and other military assets on such installation.

(e)

National Defense Strategy and National Military Strategy— The Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy.

(f)

National security planning documents— The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes.

(g)

Campaign plans of combatant commands— The Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands.

(h)

Report on security implications associated with military installation resilience—

(1)

Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how the aspects of military installation resilience have been incorporated into modeling, simulation, war-gaming, and other analyses by the Department of Defense.

(2)

Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(i)

Annual report on readiness impacts of military installation resilience on military assets and capabilities—

(1)

In general— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report containing information (disaggregated by military department) as follows:

(A)

A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department; and

(B)

An assessment of vulnerabilities to military installation resilience.

(2)

Use of assessment tool— The Secretary shall use the Climate Vulnerability and Risk Assessment Tool of the Department (or such successor tool) in preparing each report under paragraph (1).

(j)

Definitions— In this section:

(1)

The term military installation resilience has the meaning given that term in section 101(e) of title 10, United States Code.

(2)

The term National Defense Strategy means the national defense strategy under section 113(g)(1) of such title.

(3)

The term “National Military Strategy” means the national military strategy under section 153(b) of such title.

Sec. 316 Energy efficiency targets for Department of Defense data centers

(a)

Energy efficiency targets for data centers—

(1)

In general— Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

“2921. Energy efficiency targets for data centers

“(a) Covered data centers

“(1) For each covered data center, the Secretary shall—

“(A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;

“(B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;

“(C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals;

changed “(D) identify potential renewable or clean energy ~~resources~~ resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and

“(E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C).

“(2) In this subsection, the term “covered data center” means a data center of the Department that—

“(A) is one of the 50 data centers of the Department with the highest annual power usage rates; and

“(B) has been established before the date of the enactment of this section.

“(b) New data centers

“(1) Except as provided in paragraph (2), in the case of any Department data center established on or after the date of the enactment of this section, the Secretary shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry standards, and best practices. Such standards shall include—

“(A) power usage effectiveness standards;

“(B) water usage effectiveness standards; and

“(C) any other energy or resiliency standards the Secretary determines are appropriate.

“(2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary—

“(A) determines that such waiver is in the national security interest of the United States; and

“(B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.”

(2)

Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2920 the following new item:

(b)

Inventory of data facilities—

(1)

Inventory required— By not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an inventory of all data centers owned or operated by the Department of Defense. Such survey shall include the following:

(A)

A list of data centers owned or operated by the Department of Defense.

(B)

For each such data center, the earlier of the following dates:

(i)

The date on which the data center was established.

(ii)

The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center.

(C)

The total average annual power use, in kilowatts, for each such data center.

(D)

The number of data centers that measure power usage effectiveness (hereinafter in this section referred to as “PUE”) and for each such data center, the PUE for the center.

(E)

The number of data centers that measure water usage effectiveness (hereinafter in this section “WUE”) and, for each such data center, the WUE for the center.

(F)

A description of any other existing energy efficiency or efficient water usage metrics used by any data center and the applicable measurements for any such center.

(G)

An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure.

(H)

Any other matters the Secretary determines are relevant.

(2)

Data center defined— In this section, the term “data center” has the meaning given such term in the most recent Integrated Data Collection guidance of the Office of Management and Budget.

(c)

Report— Not later than 180 days after the completion of the inventory required under subsection (b), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the inventory and the energy assessment targets under section 2921(a) of title 10, United States Code, as added by subsection (a). Such report shall include each of the following:

(1)

A timeline of necessary actions required to meet the energy assessment targets for covered data centers.

(2)

The estimated costs associated with meeting such targets.

(3)

An assessment of the business case for meeting such targets, including any estimated savings in operational energy and water costs and estimated reduction in energy and water usage if the targets are met.

(4)

An analysis of any statutory, regulatory, or policy barriers to meeting such targets identified pursuant to section 2921(a)(E) of title 10, United States Code, as added by subsection (a).

Sec. 318 Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam

(a)

Temporary moratorium— Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following:

(1)

changed The date on which the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary is implementing the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (15 U.S.C. ~~8961).~~8961) and complying with section 330 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note).

(2)

The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section.

(b)

Required adoption of final rule— Upon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1).

(c)

changed Report— Not later than one year after the ~~date on which the Administrator~~ enactment of ~~the Environmental Protection Agency publishes the final rule specified in subsection (a)(2),~~ this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—

(1)

the total amount of covered materials incinerated;

(2)

changed the temperature range at which the covered materials were ~~incinerated; and~~incinerated;

(3)

changed the locations and facilities where the covered materials were ~~incinerated.~~incinerated;

(4)

added details on actions taken by the Department of Defense to comply with section 330 of the National Defense Authorization Act for Fiscal Year 2020; and

(5)

added recommendations for the safe storage of PFAS and PFAS-containing materials until identified uncertainties are addressed and appropriate destruction and disposal technologies can be recommended.

(d)

added Scope— The prohibition in subsection (a) and reporting requirements in subsection (c) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility.

(e)

renumbered was (5) Definitions— In this section:

(1)

renumbered was (5)(3) The term “AFFF” means aqueous film forming foam.

(2)

added 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—

(2)

removed The term “covered material” means any legacy 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)

renumbered was (5)(4)(2) has been used by the Department of Defense or a military department;

(B)

renumbered was (5)(4)(3) is being discarded for disposal by the Department of Defense or a military department; or

(C)

renumbered was (5)(4)(4) is being removed from sites or facilities owned or operated by the Department of Defense.

(3)

renumbered was (5)(5) The term “PFAS” means per- or polyfluoroalkyl substances.

Sec. 319 Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances or lead

(a)

changed Public disclosure of PFAS and lead testing of water—

(1)

changed In general— Except as provided in paragraph (2), not later than 10 days after the receipt of a validated result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as “PFAS”) or for lead in a covered area, the Secretary of Defense shall publicly disclose such validated result, including—

(A)

the results of all such testing conducted in the covered area by the Department of Defense; and

(B)

the results of all such testing conducted in the covered area by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department of Defense.

(2)

changed Consent by private property owners— The Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances or lead conducted on private property without the consent of the property owner.

(b)

changed Public disclosure of planned ~~PFAS~~ testing of water— Not later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances or lead proposed to be conducted in a covered area, including—

(1)

all such testing to be conducted by the Department of Defense; and

(2)

all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department.

(c)

Nature of disclosure— The Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the results and information referred to in such subsections—

(1)

on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C 2701 note);

(2)

on another publicly available website of the Department of Defense; or

(3)

in the Federal Register.

(d)

changed Local notification— Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl ~~substances,~~ substances or lead, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to—

(1)

the managers of the public water system serving the covered area where such testing is to occur;

(2)

the heads of the municipal government serving the covered area where such testing is to occur; and

(3)

as applicable, the members of the restoration advisory board for the military installation where such testing is to occur.

(e)

changed Methods for testing— In testing water for perfluoroalkyl or polyfluoroalkyl ~~substances,~~ substances or lead, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency.

(f)

Definitions— In this section:

(1)

The term “covered area” means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code.

(2)

The term “formerly used defense site” means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the “Environmental Restoration Account, Formerly Used Defense Sites” account established under section 2703(a)(5) of title 10, United States Code.

(3)

The term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code.

(4)

The term “perfluoroalkyl or polyfluoroalkyl substance” means any man-made chemical with at least one fully fluorinated carbon atom.

(5)

The term “public water system” has the meaning given such term under section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)).

(6)

The term “restoration advisory board” means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code.

Sec. 328 Report on Air Force progress regarding contaminated real property

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the Air Force has contaminated property across the United States with harmful perfluorooctanoic acid and perfluorooctane sulfonate chemicals;

(2)

added perfluorooctanoic acid and perfluorooctane sulfonate contamination threatens the jobs, lives, and livelihoods of citizens and livestock who live in contaminated areas;

(3)

added property owners, especially those facing severe financial hardship, cannot wait any longer for the Air Force to acquire contaminated property; and

(4)

added the Air Force should, in an expeditious manner, use the authority under section 344 of the National Defense Authorization Act 2020 (Public Law 116–92; 10 U.S.C. 2701 note) to acquire contaminated property and provide relocation assistance.

(b)

added Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the Air Force in carrying out section 344 of the National Defense Authorization Act 2020 (Public Law 116–92; 10 U.S.C. 2701 note). Such report shall include—

(1)

added a detailed description of any real property contaminated by perfluorooctanoic acid and perfluorooctane sulfonate by the Air Force;

(2)

added a description of any progress made by the Air Force to acquire property or provide relocation assistance pursuant to such section 344; and

(3)

added if the Air Force has not acquired property or provided relocation assistance pursuant to such section, an explanation of why it has not.

Sec. 329 Energy, water, and waste net zero requirements for construction of new buildings

added

(a)

added Requirements described— For fiscal year 2022 and any subsequent fiscal year, the Secretary of Defense shall improve building efficiency, performance, and management by ensuring that the new construction of any Department of Defense building larger than 5,000 gross square feet that enters the planning process is designed to achieve energy net-zero and water or waste net-zero by fiscal year 2035.

(b)

added Waiver for national security— The Secretary may waive the requirement of subsection (a) with respect to a building if the Secretary provides the Committees on Armed Services of the House of Representatives and Senate with a certification that the application of such requirement would be detrimental to national security.

(c)

added Status report and briefings on progress towards meeting current goal regarding use of renewable energy to meet facility energy needs— Section 2911(g) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(4) The Secretary of Defense shall—

added “(A) not later than 180 days after the date of the enactment of this paragraph, submit a report to the Committees on Armed Services of the House of Representatives and Senate on the progress the Secretary has made towards meeting the goal described in paragraph (1)(A) with respect to fiscal year 2025; and

added “(B) during fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, provide a briefing to the Committees on Armed Services of the House of Representatives and Senate on the progress the Secretary has made towards meeting the goal described in paragraph (1)(A) with respect to fiscal year 2025.”

Sec. 330 Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam

added

(a)

added 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)

added Matters— The review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Briefing— Not later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c).

Sec. 331 Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i

added

(a)

added Findings— Congress finds the following:

(1)

added The continued availability and use of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i is a matter of national security. Persistent fuel availability in quantity, location, and secured siting is a key component in ensuring resilient logistical support for sustained forward operations in the Indo-Pacific region and the execution of the National Defense Strategy, including the objectives of maintaining a free and open Indo-Pacific.

(2)

added The Red Hill Bulk Fuel Facility is constructed in basalt rock that overlays a key aquifer serving as one of the major ground water resources for the fresh water needs of the City of Honolulu, including key military installations and associated facilities. Past leaks from the tanks and other infrastructure of the Red Hill Bulk Fuel Storage Facility, while not resulting in any appreciable effect to the aquifer, raise significant questions whether the facility is being operated and maintained to the highest standard possible and whether the facility presents a material risk to the aquifer and to Honolulu water resources.

(3)

added Safety inspections of the Red Hill Bulk Fuel Storage Facility at 10-year intervals, as required by the American Petroleum Institute 570 standards, set the upper boundaries for inspections.

(b)

added Sense of Congress— In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should—

(1)

added operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and

(2)

added require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility.

(c)

added Inspection requirement—

(1)

added Inspection required— The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility.

(2)

added Inspection agent; standards— The inspection required by this subsection shall be performed—

(A)

added 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)

added in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards.

(3)

added Exception— The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.

(d)

added Life-cycle sustainment plan— In conjunction with the inspection required by subsection (c), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment.

(e)

added Submission of results and plan— Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—

(1)

added the results of the inspection conducted under subsection (c);

(2)

added the life-cycle sustainment plan prepared under subsection (d); and

(3)

added options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility.

Sec. 332 Amendment to budgeting of Department of Defense relating to extreme weather

added

added Section 328(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 221 note) is amended—

(1)

added in paragraph (1), by striking “; and” and inserting a semicolon;

(2)

added in paragraph (2), by striking the period at the end and inserting “; and”; and

(3)

added by inserting after paragraph (2) the following:

added “(3) a calculation of the annual costs to the Department for assistance provided to—

added “(A) the Federal Emergency Management Agency or Federal land management agencies—

added “(i) pursuant to requests for such assistance; and

added “(ii) approved under the National Interagency Fire Center; and

added “(B) any State, Territory, or possession under title 10 or title 32, United States Code, regarding extreme weather.”

Sec. 333 Sense of Congress regarding electric or zero-emission vehicles for non-combat vehicle fleet

added

added It is the sense of Congress that any new non-tactical Federal vehicle purchased by the Department of Defense for use outside of combat should, to the greatest extent practicable, be an electric or zero-emission vehicle.

Sec. 334 Pilot program to test new software to track emissions at certain military installations

added

(a)

added In general— The Secretary of Defense may conduct a pilot program (to be known as the “Installations Emissions Tracking Program”) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from installations and installation assets.

(b)

added Goals— The goals of the Installations Emissions Tracking Program are—

(1)

added to prove software and emerging technologies, methodologies, and capabilities to effectively track emissions in real time; and

(2)

added to reduce energy costs and increase efficiencies.

(c)

added Locations— If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States that the Secretary determines—

(1)

added are prone to producing higher emissions;

(2)

added are in regions that historically have poor air quality; and

(3)

added have historically higher than average utility costs.

Sec. 335 Department of Defense plan to meet science-based emissions targets

added

(a)

added Plan required— Not later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense, including Department of Defense functions that are performed by contractors, in line with science-based emissions targets.

(b)

added Updates— The Secretary shall submit to Congress annual reports on the progress of the Department of Defense toward meeting the science-based emissions targets in the plan required by subsection (a).

(c)

added Science-based emissions target— In this section, the term “science-based emissions target” means a reduction in greenhouse gas emissions consistent with preventing an increase in global average temperature of greater than or equal to 1.5 degrees Celsius compared to pre-industrial levels.

Sec. 336 Report on clean up of contaminated Army property

added

(a)

added Findings— Congress makes the following findings:

(1)

added There are numerous properties that were under the jurisdiction of the Department of the Army, such as former Nike missile sites, but that have been transferred to units of local government.

(2)

added Many of these properties may remain polluted because of activity by the Department of Defense.

(3)

added This pollution may inhibit the use of these properties for commercial or residential purposes.

(4)

added Knowledge and understanding of the impacts of contaminants from Department of Defense activities have developed and changed over time.

(5)

added The Department of Defense has an obligation to facilitate the clean-up of such pollutants even after the sites have been transferred to local governments.

(b)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that contains each of the following:

(1)

added A plan to facilitate the clean-up of each contaminated property that was under the jurisdiction of the Department of the Army and subsequently transferred to a unit of local government.

(2)

added An identification of any site where the Department of the Army has previously conducted clean-up activities but due to contaminants not discovered until after transfer or newly identified contaminants, additional clean-up may be necessary.

(3)

added An explanation of how any site identified under paragraph (2) is to be prioritized relative to other sites, such as active sites or sites set for transfer.

(4)

added A detailed plan to conduct preliminary assessments and site inspections for each site identified under paragraph (2) by not later than five years after the date of the submittal of the report.

Sec. 337 Grants for maintaining or improving military installation resilience

added

added Section 2391 of title 10, United States Code, is amended—

(1)

added in subsection (b)(5), by adding at the end the following new subparagraph:

added “(D)

added “(i) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning and implementing measures and projects that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience. Amounts appropriated or otherwise made available for assistance under this subparagraph shall remain available until expended.

added “(ii) In the case of funds provided under this subparagraph for projects involving the preservation, maintenance, or restoration of natural features for the purpose of maintaining or enhancing military installation resilience, such funds may be provided in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities required for the preservation, maintenance, or restoration of such natural features, and may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.”

(2)

added in subsection (e)(1), by striking “subsection (b)(1)(D)” inserting “paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d)”.

Sec. 338 Inclusion of information regarding climate change in reports on national technology and industrial base

added

added Section 2504(3)(B) of title 10, United States Code, is amended—

(1)

added by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and

(2)

added by inserting before clause (ii), as so redesignated, the following new clause (i):

added “(i) vulnerabilities related to the current and projected impacts of climate change and to cyberattacks or disruptions;”

Sec. 339 Sense of Congress regarding report of the Intergovernmental Panel on Climate Change

added

(a)

added Findings— Congress makes the following findings:

(1)

added The Intergovernmental Panel on Climate Change has provided valuable scientific assessments on climate change since its creation in 1988.

(2)

added The first part of the Sixth Assessment Report, Climate Change 2021: The Physical Science Basis, was finalized on August 6, 2021.

(3)

added The report finds that the global average temperature is expected to reach or exceed 1.5 degrees celsius above pre-industrial levels within the coming decades without immediate and large-scale efforts to reduce greenhouse gas emissions.

(4)

added This increase in global temperature will affect all regions of the world, impacting weather patterns, sea levels, ocean temperatures, biodiversity, and more.

(b)

added Sense of Congress— It is the sense of Congress that—

(1)

added the Department of Defense should take the most recent report of the Intergovernmental Panel on Climate Change into consideration when carrying out resiliency efforts and making energy and transportation decisions for military bases and installations; and

(2)

added the Department of Defense should consider adding the recommendations of the Sixth Assessment Report to the Unified Facilities Criteria where appropriate.

Sec. 348 Report on maintenance and repair of aircraft turbine engine rotors

added

(a)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the inventory, maintenance, and repair of aircraft turbine engine rotors by the Department of Defense. Such report shall include information (disaggregated by aircraft type and military department) as follows:

(1)

added A total inventory of all replacement aircraft turbine engine rotors produced or procured by Department.

(2)

added The total production and procurement costs in fiscal year 2021 for such replacement rotors.

(3)

added The projected production and procurement costs for such replacement rotors for fiscal years 2022, 2023, and 2024.

(4)

added Any funds invested by the Department to modernize the maintenance and repair of aircraft turbine engine rotors, and to lower associated costs.

(b)

added Form— The report under subsection (a) shall be submitted in unclassified form, but may have a classified annex.

Sec. 349 Briefing on Air Force plan for certain aerospace ground equipment modernization

added

added Not later than March 1, 2022, the Secretary of the Air Force shall provide a briefing to the Committee on Armed Services of the House of Representatives on current and future plans for the replacement of aging aerospace ground equipment, which shall include—

(1)

added an analysis of the average yearly cost to the Air Force of maintaining legacy and out-of-production A/M32A-60 and A/M32C-10 air start carts;

(2)

added a comparison of the cost of reconditioning these existing legacy systems compared to the cost of replacing them with next-generation air start carts;

(3)

added an analysis of the long-term maintenance and fuel savings that would be realized by the Air Force if the legacy systems were upgraded to next-generation air start carts;

(4)

added an analysis of the tactical and logistical benefits of transitioning from multi-component aerospace ground equipment systems to modern all-in-one systems; and

(5)

added an overview of existing and future plans to replace legacy air start carts with modern aerospace ground equipment technology.

Sec. 353 Mishap Investigation Review Board

(a)

Proposal for establishment of Board— The Deputy Secretary of Defense shall develop a proposal for the establishment of a Mishap Investigation Review Board (in this section referred to as the “Board”) to provide independent oversight and review of safety and legal investigations into the facts and circumstances surrounding operational and training mishaps. The proposal shall include recommendations relating to—

(1)

the size and composition of the Board;

(2)

the process by which the Board would screen mishap investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal mishaps or all Class A mishaps);

(3)

the process by which the military departments, the Joint Safety Council established under section 352, and other components of the Department of Defense could refer pending or completed safety and legal investigations to the Board for review;

(4)

the process by which the Board would evaluate a particular safety or legal investigation for accuracy, thoroughness, and objectivity;

(5)

the requirements for and process by which the convening component of an investigation reviewed by the Board should address the findings of the Board’s review of that particular investigation;

(6)

proposed procedures for safeguarding sensitive information collected during the investigation review process; and

(7)

changed how and when the Board would be required to report to the Deputy Secretary of Defense and the Joint Safety Council established under section 352 on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those ~~reviews; and~~reviews.

(b)

Report— Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committee the proposal required by subsection (a) and a timeline for establishing the Board.

Sec. 356 Implementation of Comptroller General recommendations relating to mitigation and prevention of training accidents

added

(a)

added Requirements— The Secretary of the Defense shall take such steps as may be necessary to carry out the following with respect to the Army, Navy, Marine Corps, and Air Force:

(1)

added To develop more clearly defined roles for vehicle commanders and establish mechanisms and procedures for tactical vehicle risk management to be used by first-line supervisors, including vehicle commanders.

(2)

added To evaluate the number of personnel within operational units who are responsible for tactical vehicle safety and determine if these units are appropriately staffed, or if any adjustments are needed to workloads or resource levels to implement operational unit ground-safety programs.

(3)

added To ensure that tactical vehicle driver training programs, including licensing, unit, and follow-on training programs, have a well-defined process with specific performance criteria and measurable standards to identify driver skills and experience under diverse conditions.

(4)

added To evaluate—

(A)

added the extent to which ranges and training areas are fulfilling responsibilities to identify and communicate hazards to units; and

(B)

added to the extent to which such responsibilities are not being carried out, whether existing solutions are adequate or if additional resources should be applied to fulfill such responsibilities.

(b)

added Consultation requirement— The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Marine Corps shall jointly establish a formal collaboration forum among Army, Navy, Air Force, and Marine Corps range officials through which such officials shall share methods for identifying and communicating hazards to units.

Sec. 367 Report and briefing on Project Pele mobile nuclear microreactors

added

(a)

added Briefing— Not later than 180 days after the date of enactment of this Act, the Director of the Strategic Capabilities Office of the Department of Defense, in coordination with the Secretary of Energy, shall provide to the congressional defense committees a briefing on the development, and current and predicted progress, of the “Project Pele” effort to design, build, and demonstrate a prototype mobile nuclear microreactor.

(b)

added Matters— The briefing under section (a) shall include a discussion of the following:

(1)

added Changes to previous deployment rationales or strategies.

(2)

added Proposed deployment locations for mobile nuclear microreactors, both domestically and abroad.

(3)

added The safety and regulatory requirements of the proposed mobile nuclear microreactors, both domestically and abroad.

(4)

added The need for mobile nuclear microreactors to meet the energy needs of expeditionary and defensive requirements of the Department of Defense, including with respect to electric combat vehicles, and the ability of mobile nuclear microreactors to adequately meet such needs.

(5)

added The safety concerns and precautions relating to the transfer of mobile nuclear microreactors.

(6)

added The safety concerns and precautions relating to the demonstration of the deployment of mobile nuclear microreactors, including by air, before and after the irradiation of nuclear fuel.

(7)

added Opportunities to consult with local communities potentially affected by the deployment, or the demonstration of the deployment, of mobile nuclear microreactors.

(8)

added Security concerns related to potential adversarial attacks on deployed mobile nuclear microreactors or adversarial seizing of mobile nuclear microreactors, and the radioactive fuel therein, for use in radiological weapons.

(c)

added Report— Not later than one year after the date of enactment of this Act, the Director shall submit to the congressional defense committees a report on the current progress of the “Project Pele” effort described in subsection (a) that addresses each of the matters under subsection (b).

Sec. 373 Management of fatigue among crew of naval surface ships and related improvements

(a)

changed 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).~~(GAO–21–366).

(b)

Report— Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to monitor crew fatigue and ensure equitable fatigue management throughout the naval surface ship fleet in accordance with subparagraph (a). Such report shall include the following:

(1)

An assessment of the extent of crew fatigue throughout the naval surface ship fleet.

(2)

A description of the metrics used to assess the extent of fatigue pursuant to paragraph (1).

(3)

An identification of results-oriented goals for effective fatigue management.

(4)

An identification of timeframes for achieving the goals identified pursuant to paragraph (3).

(c)

Comptroller General assessment— Not later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall brief the congressional defense committees on the extent to which the actions and goals described in the report meet the requirements of subsection (a).

Sec. 376 Department of Defense response to military lazing incidents

added

(a)

added Investigation into lazing of military aircraft—

(1)

added Investigation required— The Secretary of Defense shall conduct a formal investigation into incidents of military aircraft being lazed by the general population in Hawaii. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities.

(2)

added 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)

added 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)

added 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)

added 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)

added Eye protection— The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.

Sec. 377 Explosive ordnance disposal defense program

added

added Section 2284(b) of title 10, United States Code, is amended—

(1)

added in paragraph (1)—

(A)

added in subparagraph (A), by striking “and” after the semicolon;

(B)

added in subparagraph (B), by striking “the Department of Defense” and all that follows and inserting “the Program;”;

(C)

added by adding at the end the following new subparagraphs:

added “(C) direct the executive agent to designate a joint program executive officer for the Program; and

added “(D) assign the Director of the Defense Threat Reduction Agency to manage the Defense-wide program element funding for the Program.”

(2)

added by striking paragraph (4);

(3)

added by redesignating paragraph (5) as paragraph (4);

(4)

added in paragraph (4), as so redesignated, by striking the period at the end and inserting a semicolon; and

(5)

added by adding at the end the following new paragraphs:

added “(5) the Secretary of the Navy shall designate a Navy explosive ordnance disposal-qualified admiral officer to serve as the co-chair of the Program; and

added “(6) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall designate the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism as the co-chair of the Program.”

Sec. 378 Pilot program on use of working dogs to detect early stages of diseases

added

(a)

added Pilot program— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program to determine the effectiveness of using scent detection working dogs to detect the early stages of diseases (including the coronavirus disease 2019 (COVID–19)) and upon detection, to alert the handler of the dog. In carrying out such program, the Secretary shall consider—

(1)

added potential uses for such dogs in screening individuals seeking to access facilities under the jurisdiction of the Department of Defense or seeking to access locations frequently used by the public and relevant to public safety; and

(2)

added any other potential uses for such dogs relating to the detection of early stages of diseases, including uses relating to the management and provision of personal protective equipment and medical testing kits to Department of Defense personnel.

(b)

added Regulations— The Secretary shall prescribe regulations concerning the scope and limitations of the pilot program under subsection (a). Such regulations shall include requirements to ensure that the pilot program is scientifically rigorous.

(c)

added Duration— The Secretary shall carry out the pilot program under subsection (a) for a period of not more than four years.

(d)

added Report— Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the outcomes of such pilot program.

Sec. 379 Study on disease prevention for military working dogs

added

added Not later than 180 days after the date of the enactment of this Act, the head of the Army Veterinary Services shall submit to Congress a report containing the findings of an updated study on the potential introduction of foreign animal diseases and current prevention protocol and strategies to protect the health of military working dogs.

Sec. 505 National Guard support to major disasters; report on methods to enhance domestic response to large scale, complex and catastrophic disasters

(a)

added In general— Section 502(f) of title 32, United States Code, is amended—

(1)

added in paragraph (2), by adding at the end the following:

added “(C) Operations or missions authorized by the President or the Secretary of Defense to support large scale, complex, catastrophic disasters, as defined by section 311(3) of title 6, United States Code, at the request of a State governor.”

(2)

added by adding at the end the following:

added “(4) With respect to operations or missions described under paragraph (2)(C), there is authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out such operations and missions, but only if—

added “(A) an emergency has been declared by the governor of the applicable State; and

added “(B) the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.”

(b)

added Report on methods to enhance domestic response to large scale, complex and catastrophic disasters—

(1)

added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the congressional defense, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on their plan to establish policy and processes to implement the authority provided by the amendments made by section 520. The report shall include a detailed examination of the policy framework consistent with existing authorities, identify major statutory or policy impediments to implementation, and make recommendations for legislation as appropriate.

(2)

added Contents— The report submitted under paragraph (1) shall include a description of—

(A)

added the current policy and processes whereby governors can request activation of the National Guard under title 32, United States Code, as part of the response to large scale, complex, catastrophic disasters that are supported by the Federal Government and, if no formal process exists in policy, the Secretary of Defense shall provide a timeline and plan to establish such a policy, including consultation with the Council of Governors and the National Governors Association;

(B)

added the Secretary of Defense’s assessment, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding the sufficiency of current authorities for the reimbursement of National Guard and Reserve manpower during large scale, complex, catastrophic disasters under title 10 and title 32, United States Code, and specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or invoking them degrades the effectiveness of the Disaster Relief Fund;

(C)

added the Department of Defense’s plan to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including—

(i)

added a description of the disparities between benefits and protections under Federal law versus State active duty;

(ii)

added recommended solutions to achieve parity at the Federal level; and

(iii)

added recommended changes at the State level, if appropriate;

(D)

added the Department of Defense’s plan to ensure there is parity of benefits and protections for military members employed as part of the response to large scale, complex, catastrophic disasters under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and

(E)

added a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of all National Guard and Reserve, both to the Department of Defense and to the States, during large scale, complex, catastrophic disasters, including any policy and legal limitations, and cost assessment impact on Federal funding.

removed The Secretary of Defense shall continue to support the FireGuard program with National Guard personnel to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires until September 30, 2026. After such date, the Secretary may not reduce such support, or transfer responsibility for such support to an interagency partner, until 30 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives written notice of such proposed change, and reasons for such change.

Sec. 506 Continued National Guard support for FireGuard program

added The Secretary of Defense shall continue to support the FireGuard program with National Guard personnel to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires until September 30, 2026. After such date, the Secretary may not reduce such support, or transfer responsibility for such support to an interagency partner, until 30 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives written notice of such proposed change, and reasons for such change.

(a)

removed ~~Study—~~ The Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Adjutants General, shall conduct a study to determine whether to reapportion the force structure of the National Guard based on wartime and domestic response requirements. The study under shall include the following elements:

(1)

removed ~~An assessment how domestic response missions affect recruitment and retention of qualified personnel, especially in States—~~

(A)

removed ~~with the lowest ratios of National Guard members to the general population; and~~

(B)

removed ~~that are most prone to natural disasters.~~

(2)

removed ~~An assessment how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions.~~

(3)

removed ~~An comparison of the costs of a response to a domestic incident in a State with—~~

(A)

removed ~~units of the National Guard of such State; and~~

(B)

removed ~~units of the National Guards of other States pursuant to an emergency management assistance compact.~~

(4)

removed ~~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)

removed ~~challenges to recruiting members of the National Guard and allocating mission sets to other geographic regions; and~~

(B)

removed ~~the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements.~~

(5)

removed In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations.

(b)

removed ~~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)

removed ~~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. 507 Study on reapportionment of National Guard force structure based on domestic responses

(a)

added Study— The Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Adjutants General, shall conduct a study to determine whether to reapportion the force structure of the National Guard based on wartime and domestic response requirements. The study under shall include the following elements:

(1)

added An assessment how domestic response missions affect recruitment and retention of qualified personnel, especially in States—

(A)

added with the lowest ratios of National Guard members to the general population; and

(B)

added that are most prone to natural disasters.

(2)

added An assessment how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions.

(3)

added An comparison of the costs of a response to a domestic incident in a State with—

(A)

added units of the National Guard of such State; and

(B)

added units of the National Guards of other States pursuant to an emergency management assistance compact.

(4)

added 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)

added challenges to recruiting members of the National Guard and allocating mission sets to other geographic regions; and

(B)

added the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements.

(5)

added In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations.

(b)

added 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)

added State defined— In this section, the term “State” includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia.

removed Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the feasibility and advisability of including in the duty described in section 502(f)(1) of title 32, United States Code, training or other duty relating to cybersecurity operations or missions undertaken by the member's unit at the request of the Governor of the State concerned to protect critical infrastructure (as that term is defined in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)).

Sec. 508 Report on feasibility and advisability of including cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty

added Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the feasibility and advisability of including in the duty described in section 502(f)(1) of title 32, United States Code, training or other duty relating to cybersecurity operations or missions undertaken by the member's unit at the request of the Governor of the State concerned to protect critical infrastructure (as that term is defined in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)).

(a)

removed ~~Access—~~

(1)

removed ~~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)

removed ~~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)

removed ~~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. 509 Access to Tour of Duty system

added

(a)

added Access—

(1)

added 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)

added 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)

added Tour of Duty system defined— In this Act, the term “Tour of Duty system” means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as “Tour of Duty”, or any successor to such system.

Sec. 509A Enhancement of National Guard Youth Challenge Program

added

(a)

added Authority— During fiscal year 2022, the Secretary of Defense may provide assistance to a National Guard Youth Challenge Program of a State—

(1)

added in addition to assistance under subsection (d) of section 509 of title 32, United States Code;

(2)

added that is not subject to the matching requirement under such subsection; and

(3)

added for the following purposes:

(A)

added New program start-up costs.

(B)

added Special projects.

(C)

added Workforce development programs.

(D)

added Emergency costs.

(b)

added Limitations—

(1)

added Matching— The Secretary may not provide additional assistance under this section to a State that does not comply with the matching requirement under such subsection regarding assistance under such subsection.

(2)

added Total assistance— Total assistance under this section to all States may not exceed 10 percent of the funds appropriated for the National Guard Youth Challenge Program for fiscal year 2022.

(c)

added Reporting— Any assistance provided under this section shall be included in the annual report under subsection (k) of such section.

Sec. 519A Command oversight of military privatized housing as element of performance evaluations

(a)

Evaluations in general— Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary indicates the extent to which such individual has or has not exercised effective oversight and leadership in the following:

(1)

Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code.

(2)

Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned.

(3)

added Addressing concerns regarding housing discrimination against individuals based on race, ethnicity, sex, gender identity, religion, or employment.

(b)

Covered individuals— The individuals described in this subsection are as follows:

(1)

The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code.

(2)

Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation.

(3)

Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section.

Sec. 519F Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard

added

added 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. 529F Exclusion of evidence obtained without prior authorization

added

added Section 271 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(d) Notwithstanding any other provision of law, any information obtained by or with the assistance of a member of the Armed Forces in violation of section 1385 of title 18, shall not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof.”

Sec. 529G Report on demographics of military police and security forces citations

added

(a)

added In general— Not later than March 1 of each year, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on the demographics of citations issued by the military police and other security forces of each Armed Force.

(b)

added Elements— The report required by subsection (a) shall include each of the following elements:

(1)

added The number of security citations issued in each Armed Force in the preceding fiscal year, disaggregated by—

(A)

added the offense for which the citation was issued;

(B)

added the race, gender, and ethnicity of the individual who was issued the citation; and

(C)

added the race, gender, and ethnicity of the individual who issued the citation.

(2)

added An assessment of any disparities in race, gender, and ethnicity in citations issued to individuals in the preceding fiscal year.

(3)

added An assessment of any disparities in race, gender, and ethnicity in citations issued by individuals in the preceding fiscal year, including consideration of the race, gender, and ethnicity of the individual to whom the citation was issued.

(4)

added An assessment of any trends in disparities in race, gender, and ethnicity in citations over the preceding ten fiscal years.

(5)

added Actions taken in the preceding fiscal by the Secretary of Defense and each Secretary of a military department to address any disparities in race, gender, or ethnicity in citations issued to individuals.

(6)

added A plan to reduce any disparities in race, gender, or ethnicity in citations issued to individuals during the fiscal year in which the report is submitted.

(c)

added Publication— The Secretary of Defense shall—

(1)

added publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (a); and

(2)

added ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

(d)

added Termination— The requirement under this section shall terminate on December 31, 2026.

Sec. 539J Plan for development and management of the gender advisor workforce

added

(a)

added Plan required— The Secretary of Defense shall develop and implement a plan to institutionalize the gender advisor workforce of the Department of Defense responsible for supporting the implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202).

(b)

added Elements— The plan under subsection (a) shall include:

(1)

added Plans for the development and management of the gender advisor workforce, including plans for the training, certification, assignments, and career development of the personnel of such workforce.

(2)

added The actions the Secretary of Defense will carry out to elevate, develop, define, and standardize the gender advisor workforce in accordance with recommendation 3.4(a) of the report of the Independent Review Commission on Sexual Assault in the Military titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military” and dated July 2, 2021.

(3)

added Development of or modifications to guidance, policy, professional military education, and doctrine to define and standardize the gender advisor program with a focus on incorporating the principles outlined in the plan of the Department of Defense titled “Women, Peace, and Security Strategic Framework and Implementation Plan” and dated June 2020, or any successor plan.

(4)

added Identification of training and education requirements for members of the Armed Forces and civilian employees of the Department of Defense, including general and flag officers and members of the senior executive service, on the role of the gender advisor workforce and the principles outlined in plan referred to in paragraph (3), or any successor plan.

(5)

added The funds, resources, and authorities needed to establish and develop the gender advisor role into a full-time, billeted, and resourced position across organizations within the Department of Defense, including the military departments, the Armed Forces, the combatant commands, Defense Agencies, and Department of Defense Field Activities.

(6)

added Developing and standardizing position descriptions of the gender advisor workforce, including gender advisors and gender focal points, across organizations within the Department, including the military departments, the Armed Forces, the combatant commands, Defense Agencies, and Department of Defense Field Activities.

(7)

added An assessment and review of the Department’s existing training programs for gender advisors and gender focal points.

(8)

added Actions to adapt gender analysis (as defined in section 3 of the Women’s Entrepreneurship and Economic Empowerment Act (Public Law 115–428; 22 U.S.C. 2151–2)) to fit the needs of the Department of Defense and to incorporate such analysis into the work of gender advisors and other personnel identified as part of the gender advisor workforce.

(9)

added The actions the Secretary will carry out to incorporate the total amount of expenditures and proposed appropriations necessary to support the program, projects, and activities of the gender advisor workforce into the future years defense program, as submitted to Congress under section 221 of title 10, United States Code.

(c)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report detailing the plan developed under subsection (a) and the Secretary’s progress in implementing such plan.

(d)

added Briefing— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the report under subsection (c) detailing the plan developed under subsection (a) and the Secretary’s progress in implementing such plan.

(e)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2)

added the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

Sec. 546 Annual report regarding sexual assaults involving members of the Army National Guard and the Air National Guard

added

(a)

added Annual reports— Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding sexual assaults involving members of the Army National Guard and the Air National Guard.

(b)

added Elements— Each report under subsection (a) shall include the following:

(1)

added The number of sexual assaults committed against members of the Army National Guard and the Air National Guard that were reported to military officials during the year covered by the report, and the number of cases that were substantiated.

(2)

added The number of sexual assaults committed by members of the Army National Guard or the Air National Guard that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.

(3)

added A synopsis of each such substantiated case, organized by offense, and, for each such case, the action taken in the case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, nonjudicial punishments administered by commanding officers pursuant to section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), and administrative separations.

(4)

added The policies, procedures, and processes implemented by the Chief of the National Guard Bureau during the year covered by the report in response to incidents of sexual assault involving members of the Army National Guard or the Air National Guard.

(c)

added Presentation of certain information— The information required under paragraphs (1) and (2) of subsection (b) shall be set forth separately for each such paragraph and may not be combined.

(d)

added Consultation— In preparing each report under subsection (a), the Secretary of Defense shall consult with—

(1)

added Under Secretary of Defense for Personnel and Readiness;

(2)

added the Chief of the National Guard Bureau; and

(3)

added the heads of such other organizations and elements of the Department of Defense as the Secretary determines appropriate.

Sec. 552 Amendments to pathways for counseling in the Transition Assistance Program

changed Section ~~1143(e)(2)~~ 1142(c)(1) of title 10, United States Code, is ~~amended to read as follows:~~amended—

(1)

added in subparagraph (E), by striking “Disability” and inserting “Potential or confirmed medical discharge of the member”;

(2)

added in subparagraph (F), by striking “Character” and all that follows and inserting “Potential or confirmed involuntary separation of the member.”;

(3)

added by redesignating subparagraph (M) as subparagraph (R); and

(4)

added by inserting after subparagraph (L) the following:

added “(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).

added “(N) The employment status of other adults in the household of the member.

added “(O) The location of the duty station of the member (including whether the member was separated from family while on duty).

added “(P) The effects of operating tempo and personnel tempo on the member and the household of the member.

added “(Q) Whether the member is an Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act (Public Law 94–437; 25 U.S.C. 1603).”

removed ~~“(2) A member of the armed forces is eligible for a program under this subsection if—~~

removed ~~“(A) the member—~~

removed ~~“(i) has completed at least 180 days on active duty in the armed forces; and~~

removed ~~“(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or~~

removed ~~“(B) the member is a member of a reserve component.”~~

Sec. 553 Participation of members of the reserve components of the Armed Forces in the Skillbridge program

added Section 1143(e)(2) of title 10, United States Code, is amended to read as follows:

added “(2) A member of the armed forces is eligible for a program under this subsection if—

added “(A) the member—

added “(i) has completed at least 180 days on active duty in the armed forces; and

added “(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or

added “(B) the member is a member of a reserve component.”

(a)

removed ~~In general—~~ ~~Chapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section:~~

removed ~~“2001. Human relations, diversity, equity, and inclusion training~~

removed ~~“(a) Human relations, diversity, equity, and inclusion training~~

removed “(1) The Secretary shall ensure that the Secretary of a military department conducts ongoing training programs regarding human relations, diversity, equity, and inclusion for all covered individuals under the jurisdiction of the Secretary of a military department. Such training shall be tailored to specific leadership levels and local area requirements.

removed ~~“(2) Matters to be covered by such training include the following:~~

removed ~~“(A) Racism.~~

removed ~~“(B) Discrimination on the basis of sex (including pregnancy, sexual orientation, and gender identity).~~

removed ~~“(C) Discrimination on the basis of age.~~

removed ~~“(D) Discrimination on the basis of religion.~~

removed ~~“(E) Discrimination on the basis of national origin.~~

removed ~~“(F) Discrimination on the basis of color.~~

removed ~~“(G) Discrimination on the basis of parental status.~~

removed ~~“(H) Conscious and unconscious bias.~~

removed ~~“(I) Discrimination based on disability, both physical and mental.~~

removed ~~“(J) Failure to provide a reasonable accommodation.~~

removed ~~“(K) Whistleblowers and information regarding how to file an equal opportunity complaint.~~

removed ~~“(L) Reprisal.~~

removed ~~“(M) Harassment and hostile environment.~~

removed ~~“(N) Procedures for reporting and obtaining relief for discrimination, retaliation, hostile work environment with respect to each component of the workforce.~~

removed ~~“(O) Procedures for appealing Equal Opportunity and Equal Employment Opportunity complaints with respect to each component of the workforce.~~

removed ~~“(P) Any other matter the Secretary of Defense determines appropriate.~~

removed ~~“(3) Such training shall be provided during the following:~~

removed ~~“(A) Initial entry training.~~

removed ~~“(B) Annual refresher training.~~

removed ~~“(C) Professional military education.~~

removed ~~“(D) Peer education.~~

removed ~~“(E) Specialized leadership training.~~

removed ~~“(F) Any other time the Secretary of Defense determines appropriate.~~

removed ~~“(4) The Secretary of Defense shall ensure that such measures are taken to provide appropriate metrics and measurement of these efforts.~~

removed “(5) The Secretary of Defense shall ensure that unit commanders are aware of their responsibility to ensure that activity based upon discriminatory motives does not occur in units under their command.

removed “(b) Information provided to prospective recruits—The Secretary of Defense shall ensure that a covered individual preparing to enter an officer accession program or to execute an original enlistment agreement or serve as a civilian employee—

removed ~~“(1) is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces, including conduct expected under such oath; and~~

removed ~~“(2) is informed that if supporting such guarantees is not possible personally for that covered individual, then that covered individual should decline to join the Armed Forces.~~

removed ~~“(c) Covered individual defined—In this section, the term “covered individual” includes—~~

removed ~~“(1) a member of the Armed Forces;~~

removed ~~“(2) a civilian employee of the Department; and~~

removed ~~“(3) a contractor or sub-contractor providing support to the Department.”~~

(b)

removed ~~Technical and conforming amendments—~~

(1)

removed ~~Technical amendment—~~ ~~The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item:~~

(2)

removed ~~Conforming amendment—~~ ~~Section 571 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 113 note) is repealed.~~

Sec. 554 Expansion and codification of matters covered by diversity training in the Department of Defense

(a)

changed ~~Expansion of JROTC curriculum—~~In general— ~~Paragraph (3) of section 2031(b)~~ Chapter 101 of title 10, United States Code, is amended ~~to read as follows:~~by inserting before section 2002 the following new section:

changed ~~“(3) the institution provides a course of military instruction of not less than three academic years' duration, as prescribed by the Secretary of the military department concerned—~~“2001. Human relations, diversity, equity, and inclusion training

changed ~~“(A) which shall include an introduction to service opportunities in military, national,~~ “(a) Human relations, diversity, equity, and ~~public service; and~~inclusion training

changed ~~“(B) which may include instruction or activities in~~ “(1) The Secretary shall ensure that the ~~fields~~ Secretary of ~~science, technology, engineering,~~ a military department conducts ongoing training programs regarding human relations, diversity, equity, and ~~mathematics;”~~inclusion for all covered individuals under the jurisdiction of the Secretary of a military department. Such training shall be tailored to specific leadership levels and local area requirements.

added “(2) Matters to be covered by such training include the following:

added “(A) Racism.

added “(B) Discrimination on the basis of sex (including pregnancy, status as a nursing mother, sexual orientation, and gender identity).

added “(C) Discrimination on the basis of age.

added “(D) Discrimination on the basis of religion.

added “(E) Discrimination on the basis of national origin.

added “(F) Discrimination on the basis of color.

added “(G) Discrimination on the basis of parental status.

added “(H) Conscious and unconscious bias.

added “(I) Discrimination based on disability, both physical and mental.

added “(J) Failure to provide a reasonable accommodation.

added “(K) Whistleblowers and information regarding how to file an equal opportunity complaint.

added “(L) Reprisal.

added “(M) Harassment and hostile environment.

added “(N) Procedures for reporting and obtaining relief for discrimination, retaliation, hostile work environment with respect to each component of the workforce.

added “(O) Procedures for appealing Equal Opportunity and Equal Employment Opportunity complaints with respect to each component of the workforce.

added “(P) Any other matter the Secretary of Defense determines appropriate.

added “(3) Such training shall be provided during the following:

added “(A) Initial entry training.

added “(B) Annual refresher training.

added “(C) Professional military education.

added “(D) Peer education.

added “(E) Specialized leadership training.

added “(F) Any other time the Secretary of Defense determines appropriate.

added “(4) The Secretary of Defense shall ensure that such measures are taken to provide appropriate metrics and measurement of these efforts.

added “(5) The Secretary of Defense shall ensure that unit commanders are aware of their responsibility to ensure that activity based upon discriminatory motives does not occur in units under their command.

added “(b) Information provided to prospective recruits—The Secretary of Defense shall ensure that a covered individual preparing to enter an officer accession program or to execute an original enlistment agreement or serve as a civilian employee—

added “(1) is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces, including conduct expected under such oath; and

added “(2) is informed that if supporting such guarantees is not possible personally for that covered individual, then that covered individual should decline to join the Armed Forces.

added “(c) Covered individual defined—In this section, the term “covered individual” includes—

added “(1) a member of the Armed Forces;

added “(2) a civilian employee of the Department; and

added “(3) a contractor or sub-contractor providing support to the Department.”

(b)

added Technical and conforming amendments—

(1)

added Technical amendment— The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item:

(2)

added 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.

(b)

removed ~~Plan to increase number of JROTC units—~~ The Secretary of Defense may, in consultation with the Secretaries of the military departments, develop and implement a plan to establish and support not fewer than 6,000 units of the Junior Reserve Officers’ Training Corps by September 30, 2031.

(c)

removed ~~Report required—~~ Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The report shall include—

(1)

removed ~~an assessment of the current usage of the program, including the number of individuals enrolled in the program and the number of units established under the program;~~

(2)

removed ~~a description of the efforts of the Armed Forces to meet current enrollment targets for the program;~~

(3)

removed ~~an explanation of the reasons such enrollment targets have not been met, if applicable;~~

(4)

removed ~~a description of any obstacles preventing the Armed Forces from meeting such enrollment targets; and~~

(5)

removed ~~a comparison of the potential benefits and drawbacks of expanding the program.~~

Sec. 555 Expansion of Junior Reserve Officers’ Training Corps program

(a)

changed ~~Authority to award bachelor’s degrees—~~Expansion of JROTC curriculum— ~~Section 2168~~ Paragraph (3) of section 2031(b) of title 10, United States Code, is ~~amended—~~amended to read as follows:

added “(3) the institution provides a course of military instruction of not less than three academic years' duration, as prescribed by the Secretary of the military department concerned—

added “(A) which shall include an introduction to service opportunities in military, national, and public service; and

added “(B) which may include instruction or activities in the fields of science, technology, engineering, and mathematics;”

(1)

removed ~~in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and~~

(2)

removed ~~by amending subsection (a) to read as follows:~~

removed ~~“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—~~

removed ~~“(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~~

removed ~~“(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)

changed ~~Clerical amendment—~~Plan to increase number of JROTC units— The ~~table~~ Secretary of ~~sections at~~ Defense may, in consultation with the ~~beginning of chapter 108~~ Secretaries of ~~title 10, United States Code, is amended by striking~~ the ~~item relating~~ military departments, develop and implement a plan to ~~section 2168~~ establish and ~~inserting~~ support not fewer than 6,000 units of the ~~following new item:~~Junior Reserve Officers’ Training Corps by September 30, 2031.

(c)

added Report required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The report shall include—

(1)

added 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)

added a description of the efforts of the Armed Forces to meet current enrollment targets for the program;

(3)

added an explanation of the reasons such enrollment targets have not been met, if applicable;

(4)

added a description of any obstacles preventing the Armed Forces from meeting such enrollment targets;

(5)

added a comparison of the potential benefits and drawbacks of expanding the program; and

(6)

added a description of program-wide diversity and inclusion recruitment and retention efforts.

Sec. 556 Defense Language Institute Foreign Language Center

(a)

added Authority to award bachelor’s degrees— Section 2168 of title 10, United States Code, is amended—

(a)

removed ~~United States Military Academy—~~

(1)

removed ~~In general—~~ ~~Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section:~~

removed ~~“7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate~~

removed “(a) Senators—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 7442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

removed “(b) Representatives—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 7442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

removed “(c) Construction of authority—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination for cadets otherwise authorized the Senator under section 7442 of this title or any other provision of law.”

(1)

changed ~~Clerical amendment—~~ ~~The table of sections at~~ in the ~~beginning of chapter 753 of such title is amended~~ section heading, by striking “Associate” and inserting ~~after the item relating to section 7442 the following new item:~~“Associate or Bachelor”; and

(2)

added by amending subsection (a) to read as follows:

added “(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—

added “(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

added “(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)

added 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:

(b)

removed ~~United States Naval Academy—~~

(1)

removed ~~In general—~~ ~~Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section:~~

removed ~~“8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate~~

removed “(a) Senators—In the event a Senator does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

removed “(b) Representatives—In the event a Representative from a State does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

removed “(c) Construction of authority—Any nomination for midshipmen made by a Senator pursuant to this section is in addition to any nomination for midshipmen otherwise authorized the Senator under section 8454 of this title or any other provision of law.”

(2)

removed ~~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:~~

(c)

removed ~~Air Force Academy—~~

(1)

removed ~~In general—~~ ~~Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section:~~

removed ~~“9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate~~

removed “(a) Senators—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 9442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

removed “(b) Representatives—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 9442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

removed “(c) Construction of authority—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination of cadets otherwise authorized the Senator under section 9442 of this title or any other provision of law.”

(2)

removed ~~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:~~

(d)

removed ~~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)

removed ~~the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and~~

(2)

removed ~~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. 557 Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress

(a)

added United States Military Academy—

(1)

added In general— Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section:

added “7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

added “(a) Senators—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 7442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

added “(b) Representatives—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 7442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

added “(c) Construction of authority—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination for cadets otherwise authorized the Senator under section 7442 of this title or any other provision of law.”

(2)

added Clerical amendment— The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item:

(b)

added United States Naval Academy—

(1)

added In general— Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section:

added “8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

added “(a) Senators—In the event a Senator does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

added “(b) Representatives—In the event a Representative from a State does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

added “(c) Construction of authority—Any nomination for midshipmen made by a Senator pursuant to this section is in addition to any nomination for midshipmen otherwise authorized the Senator under section 8454 of this title or any other provision of law.”

(2)

added 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:

(c)

added Air Force Academy—

(1)

added In general— Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section:

added “9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

added “(a) Senators—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 9442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

added “(b) Representatives—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 9442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

added “(c) Construction of authority—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination of cadets otherwise authorized the Senator under section 9442 of this title or any other provision of law.”

(2)

added 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:

(d)

added 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)

added the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and

(2)

added 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.

(a)

removed ~~United States Military Academy—~~ ~~Section 7455 of title 10, United States Code, is amended by adding at the end the following new subsection:~~

removed ~~“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”~~

(b)

removed ~~United States Naval Academy—~~ ~~Section 8468 of title 10, United States Code, is amended by adding at the end the following new subsection:~~

removed ~~“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”~~

(c)

removed ~~United States Air Force Academy—~~ ~~Section 9455 of title 10, United States Code, is amended by adding at the end the following new subsection:~~

removed ~~“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”~~

Sec. 558 Votes required to call a meeting of the Board of Visitors of a military service academy

(a)

changed ~~Establishment—~~United States Military Academy— ~~Chapter 859~~ Section 7455 of title 10, United States Code, is amended by adding at the end the following new ~~section:~~subsection:

changed ~~“8595. United States Naval Community College: establishment and degree granting authority~~“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”

removed ~~“(a) Establishment and function—There is a United States Naval Community College. The primary function of such College shall be to provide—~~

removed ~~“(1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in—~~

removed ~~“(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; and~~

removed ~~“(B) their practical duties;~~

removed ~~“(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);~~

removed ~~“(3) support and advisement services for individuals pursuing such programs; and~~

removed ~~“(4) continuous monitoring of the progress of such individuals.~~

removed “(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):

removed ~~“(1) Enlisted members of the Navy and Marine Corps.~~

removed ~~“(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree.~~

removed ~~“(3) Civilian employees of the Department of the Navy.~~

removed ~~“(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—~~

removed ~~“(A) in alignment with the mission of the United States Naval Community College; and~~

removed ~~“(B) determined to support the mission or needs of the Department of the Navy.~~

removed ~~“(c) Degree and credential granting authority~~

removed “(1) In general—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements.

removed ~~“(2) Limitation—A degree or credential may not be conferred under this subsection unless—~~

removed ~~“(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~~

removed “(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.

removed ~~“(3) Congressional notification requirements~~

removed “(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—

removed “(i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

removed ~~“(ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority.~~

removed “(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.

removed “(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.

removed ~~“(d) Civilian faulty members~~

removed “(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.

removed ~~“(2) Compensation—The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.”~~

(b)

changed ~~Clerical amendment—~~United States Naval Academy— ~~The table of sections at the beginning of chapter 859~~ Section 8468 of title 10, United States Code, is amended by adding at the end the following new ~~item:~~subsection:

added “(i) A majority of the members of the Board may call an official meeting of the Board at any time.”

(c)

added United States Air Force Academy— Section 9455 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(i) A majority of the members of the Board may call an official meeting of the Board at any time.”

Sec. 559 United States Naval Community College

(a)

changed ~~In general—~~Establishment— Chapter ~~951~~ 859 of title 10, United States Code, is amended by ~~inserting before section 9414~~ adding at the end the following new section:

changed ~~“9413.~~ “8595. United States ~~Air Force Institute of Technology: establishment~~Naval Community College: establishment and degree granting authority

changed ~~“There~~ “(a) Establishment and function—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~~ Naval Community College. The primary function of such ~~Department, advanced instruction and technical education regarding their duties.”~~College shall be to provide—

added “(1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in—

added “(A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and

added “(B) their practical duties;

added “(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);

added “(3) support and advisement services for individuals pursuing such programs; and

added “(4) continuous monitoring of the progress of such individuals.

added “(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):

added “(1) Enlisted members of the Navy and Marine Corps.

added “(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree.

added “(3) Civilian employees of the Department of the Navy.

added “(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—

added “(A) in alignment with the mission of the United States Naval Community College; and

added “(B) determined to support the mission or needs of the Department of the Navy.

added “(c) Degree and credential granting authority

added “(1) In general—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements.

added “(2) Limitation—A degree or credential may not be conferred under this subsection unless—

added “(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

added “(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.

added “(3) Congressional notification requirements

added “(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—

added “(i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

added “(ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority.

added “(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.

added “(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.

added “(d) Civilian faulty members

added “(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.

added “(2) Compensation—The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.”

(b)

changed Clerical amendment— The table of sections at the beginning of ~~such~~ chapter 859 of title 10, United States Code, is amended by ~~inserting, before~~ adding at the ~~item relating to section 9414,~~ end the following new item:

Sec. 559A Codification of establishment of United States Air Force Institute of Technology

(a)

changed ~~Clarification regarding definition of rights and benefits—~~In general— ~~Section 4303(2)~~ Chapter 951 of title ~~38,~~ 10, United States Code, is ~~amended—~~amended by inserting before section 9414 the following new section:

added “9413. United States Air Force Institute of Technology: establishment

added “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.”

(1)

removed ~~by inserting “(A)” before “The term”; and~~

(2)

removed ~~by adding at the end the following new subparagraph:~~

removed ~~“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”~~

(b)

changed ~~Clarification regarding relation to other law and plans for agreements—~~Clerical amendment— ~~Section 4302~~ The table of sections at the beginning of such ~~title~~ chapter is amended by ~~adding at~~ inserting, before the ~~end~~ item relating to section 9414, the ~~following:~~following new item:

removed ~~“(c)~~

removed “(1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

removed “(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”

Sec. 559B Clarifications regarding scope of employment and reemployment rights of members of the uniformed services

(a)

added Clarification regarding definition of rights and benefits— Section 4303(2) of title 38, United States Code, is amended—

(1)

added by inserting “(A)” before “The term”; and

(2)

added by adding at the end the following new subparagraph:

added “(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”

removed ~~Section 565 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is amended—~~

(b)

changed Clarification regarding relation to other law and plans for agreements— ~~in the heading,~~ Section 4302 of such title is amended by ~~inserting “and Officer Candidates School” after “Depots”;~~adding at the end the following:

added “(c)

added “(1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

added “(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”

(2)

removed ~~in subsection (a)(1)—~~

(A)

removed ~~by striking “training” and inserting “no training platoon” ; and~~

(B)

removed ~~by striking “not”;~~

(3)

removed ~~in subsection (b)(1)—~~

(A)

removed ~~by striking “training” and inserting “no training platoon” ; and~~

(B)

removed ~~by striking “not”; and~~

(4)

removed ~~by adding at the end the following new subsections:~~

removed ~~“(c) New location—No training platoon at a Marine Corps recruit depot established after the date of the enactment of this Act may be segregated based on gender.~~

removed ~~“(d) Officer Candidates School~~

removed ~~“(1) Prohibition—Subject to paragraph (2), training at Officer Candidates School, Quantico, Virginia, may not be segregated based on gender.~~

removed ~~“(2) Deadline—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.”~~

Sec. 559C Clarification and expansion of prohibition on gender-segregated training in the Marine Corps

added Section 565 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is amended—

(a)

removed ~~Regulations required—~~

(1)

removed ~~In general—~~ Each Secretary concerned shall prescribe by regulation policies ensuring that the parental guardianship rights of cadets and midshipmen are protected consistent with individual and academic responsibilities.

(2)

removed ~~Protection of parental guardianship rights—~~ ~~The regulations prescribed under paragraph (1) shall provide that—~~

(A)

removed a cadet or midshipman of a covered service academy may not be required to give up such cadet or midshipman’s parental guardianship rights in the event of a pregnancy occurring after the beginning of such cadet or midshipman's first day of academic courses;

(B)

removed except as provided under paragraph (3), a covered service academy may not involuntarily dis-enroll a cadet or midshipman who becomes pregnant or fathers a child while enrolled at such academy after the first day of academic courses; and

(C)

removed a cadet or midshipman who becomes pregnant or fathers a child while enrolled at a covered service academy shall be allowed to take leave for up to one year and return to the academy to resume classes afterward.

(3)

removed ~~Responsibilities of parents enrolled at covered service academies—~~ The regulations prescribed under paragraph (1) shall require cadets and midshipmen with dependents to establish a family care plan in consultation with and approved by appropriate academy leadership. The family care plan shall—

(A)

removed ~~designate a full-time care provider, such as another parent or guardian of the dependent or a family member of the cadet or midshipman, who shall—~~

(i)

removed ~~be responsible for the dependent;~~

(ii)

removed ~~not be enrolled at a covered service academy; and~~

(iii)

removed have either full power-of-attorney or guardianship rights in order to prevent situations where such cadet or midshipman is pulled away from such cadet or midshipman’s duties and responsibilities at the covered service academy;

(B)

removed ~~ensure that such cadet or midshipman—~~

(i)

removed ~~does not rely on base facilities or child-care services and is able to function as any other cadet or midshipman, including residing in covered service academy dormitories;~~

(ii)

removed except as provided under paragraphs (4) and (5)(B)(i), does not receive additional compensation benefits or concessions from the covered service academy on account of having a dependent, including money, leave, or liberty;

(iii)

removed ~~is not be excused on account of such dependent from standard classes, training, traveling, fitness requirements, or any other responsibilities inherent to attending a covered service academy; and~~

(C)

removed ~~ensure, that if both parents of a dependent are cadets or midshipmen at a covered service academy, the parents shall agree on the family care plan or face expulsion (with no incurred obligations).~~

(4)

removed ~~Options for pregnant cadets and midshipmen—~~ ~~The regulations prescribed under paragraph (1) shall provide that females becoming pregnant while enrolled at a covered service academy shall have, at a minimum, the following options:~~

(A)

removed At the conclusion of the current semester or when otherwise deemed medically appropriate, taking leave from the covered service academy for up to one year followed by a return to full cadet or midshipman status.

(B)

removed ~~Seek a transfer to a university with a Reserve Officers’ Training Corps for the Armed Force under the military department concerned.~~

(C)

removed ~~Full release from the covered service academy and any related obligations.~~

(D)

removed ~~Enlistment in active-duty service, with all of the attendant benefits.~~

(5)

removed ~~Treatment of males fathering a child while enrolled at covered service academies—~~ ~~The regulations prescribed under paragraph (1) shall provide that males fathering a child while enrolled at a covered service academy—~~

(A)

removed ~~shall not be required to give up parental rights; and~~

(B)

removed ~~shall not acquire any benefits or leave considerations as a result of fathering a child, except that—~~

(i)

removed ~~academy leadership shall establish policies to allow cadets and midshipmen at least one week of leave to attend the birth of such child, which must be used in conjunction with the birth; and~~

(ii)

removed in the event the male father becomes the sole financial provider for a dependent, the academy shall provide the father the same options available to a cadet or midshipman who becomes a mother while enrolled, including remaining enrolled in accordance with a family care plan established pursuant to paragraph (3) or selecting one of the options specified in subparagraphs (B) and (C) of paragraph (4).

(6)

removed ~~Rule of construction—~~ ~~Nothing in this section shall be construed as requiring or providing for the changing of admission requirements at any of the covered service academies.~~

(1)

changed ~~Definitions—~~ ~~In this section:~~in the heading, by inserting “and Officer Candidates School” after “Depots”;

(2)

added in subsection (a)(1)—

(A)

added by striking “training” and inserting “no training platoon”; and

(B)

added by striking “not”;

(3)

added in subsection (b)(1)—

(A)

added by striking “training” and inserting “no training platoon”; and

(B)

added by striking “not”; and

(4)

added by adding at the end the following new subsections:

added “(c) New location—No training platoon at a Marine Corps recruit depot established after the date of the enactment of this Act may be segregated based on gender.

added “(d) Officer Candidates School

added “(1) Prohibition—Subject to paragraph (2), training at Officer Candidates School, Quantico, Virginia, may not be segregated based on gender.

added “(2) Deadline—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.”

(1)

removed ~~The term covered service academy means the following:~~

(A)

removed ~~The United States Military Academy, West Point, New York.~~

(B)

removed ~~The United States Naval Academy, Annapolis, Maryland.~~

(C)

removed ~~The United States Air Force Academy, Colorado Springs, Colorado.~~

(D)

removed ~~The United States Coast Guard Academy, New London, Connecticut.~~

(E)

removed ~~The United States Merchant Marine Academy, Kings Point, New York.~~

(2)

removed ~~The term Secretary concerned means—~~

(A)

removed with respect to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Superintendent of each such academy;

(B)

removed ~~with respect to the United States Coast Guard Academy, the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard and the Superintendent of the Coast Guard Academy; and~~

(C)

removed with respect to the United States Merchant Marine Academy, the Secretary of Transportation, in consultation with the Administrator of the Maritime Administration and the Superintendent of the Merchant Marine Academy.

Sec. 559D Requirement to issue regulations ensuring certain parental guardianship rights of cadets and midshipmen

(a)

added Regulations required—

(1)

added In general— Each Secretary concerned shall prescribe by regulation policies ensuring that the parental guardianship rights of cadets and midshipmen are protected consistent with individual and academic responsibilities.

(2)

added Protection of parental guardianship rights— The regulations prescribed under paragraph (1) shall provide that—

(A)

added a cadet or midshipman of a covered service academy may not be required to give up such cadet or midshipman’s parental guardianship rights in the event of a pregnancy occurring after the beginning of such cadet or midshipman's first day of academic courses;

(B)

added except as provided under paragraph (3), a covered service academy may not involuntarily dis-enroll a cadet or midshipman who becomes pregnant or fathers a child while enrolled at such academy after the first day of academic courses; and

(C)

added a cadet or midshipman who becomes pregnant or fathers a child while enrolled at a covered service academy shall be allowed to take leave for up to one year and return to the academy to resume classes afterward.

(3)

added Responsibilities of parents enrolled at covered service academies— The regulations prescribed under paragraph (1) shall require cadets and midshipmen with dependents to establish a family care plan in consultation with and approved by appropriate academy leadership. The family care plan shall—

(A)

added designate a full-time care provider, such as another parent or guardian of the dependent or a family member of the cadet or midshipman, who shall—

(i)

added be responsible for the dependent;

(ii)

added not be enrolled at a covered service academy; and

(iii)

added have either full power-of-attorney or guardianship rights in order to prevent situations where such cadet or midshipman is pulled away from such cadet or midshipman’s duties and responsibilities at the covered service academy;

(B)

added ensure that such cadet or midshipman—

(i)

added does not rely on base facilities or child-care services and is able to function as any other cadet or midshipman, including residing in covered service academy dormitories;

(ii)

added except as provided under paragraphs (4) and (5)(B)(i), does not receive additional compensation benefits or concessions from the covered service academy on account of having a dependent, including money, leave, or liberty;

(iii)

added is not be excused on account of such dependent from standard classes, training, traveling, fitness requirements, or any other responsibilities inherent to attending a covered service academy; and

(C)

added ensure, that if both parents of a dependent are cadets or midshipmen at a covered service academy, the parents shall agree on the family care plan or face expulsion (with no incurred obligations).

(4)

added Options for pregnant cadets and midshipmen— The regulations prescribed under paragraph (1) shall provide that females becoming pregnant while enrolled at a covered service academy shall have, at a minimum, the following options:

(A)

added At the conclusion of the current semester or when otherwise deemed medically appropriate, taking leave from the covered service academy for up to one year followed by a return to full cadet or midshipman status.

(B)

added Seek a transfer to a university with a Reserve Officers’ Training Corps for the Armed Force under the military department concerned.

(C)

added Full release from the covered service academy and any related obligations.

(D)

added Enlistment in active-duty service, with all of the attendant benefits.

(5)

added Treatment of males fathering a child while enrolled at covered service academies— The regulations prescribed under paragraph (1) shall provide that males fathering a child while enrolled at a covered service academy—

(A)

added shall not be required to give up parental rights; and

(B)

added shall not acquire any benefits or leave considerations as a result of fathering a child, except that—

(i)

added academy leadership shall establish policies to allow cadets and midshipmen at least one week of leave to attend the birth of such child, which must be used in conjunction with the birth; and

(ii)

added in the event the male father becomes the sole financial provider for a dependent, the academy shall provide the father the same options available to a cadet or midshipman who becomes a mother while enrolled, including remaining enrolled in accordance with a family care plan established pursuant to paragraph (3) or selecting one of the options specified in subparagraphs (B) and (C) of paragraph (4).

(6)

added Rule of construction— Nothing in this section shall be construed as requiring or providing for the changing of admission requirements at any of the covered service academies.

(a)

removed ~~In general—~~ Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall coordinate with the Director of the Defense Intelligence Agency to designate an executive agent for commercially available advanced foreign language training to meet operational readiness requirements of the Department of Defense.

(b)

changed ~~Elements—~~Definitions— ~~The executive agent designated in subsection (a) shall be responsible for the following:~~In this section:

(1)

changed Developing policies, procedures, and curricula to allow for continuing language training when linguists transition to operational environments from education or training environments, such as the Defense Language Institute, The term covered service academy means the ~~Defense Language and National Security Education Office, or service-based training.~~following:

(A)

added The United States Military Academy, West Point, New York.

(B)

added The United States Naval Academy, Annapolis, Maryland.

(C)

added The United States Air Force Academy, Colorado Springs, Colorado.

(D)

added The United States Coast Guard Academy, New London, Connecticut.

(E)

added The United States Merchant Marine Academy, Kings Point, New York.

(2)

changed ~~Identifying the resourcing requirements necessary for each armed force to have access to the following foreign language training elements:~~The term Secretary concerned means—

(A)

changed ~~A foreign language and current culture training~~ with respect to the United States Military Academy, the United States Naval Academy, and ~~maintenance virtual immersion program covering strategic languages (as designated by~~ the ~~Federal Government),~~ United States Air Force Academy, the Secretary of Defense, in consultation with ~~a range~~ the Secretaries of ~~multimedia materials including—~~the military departments and the Superintendent of each such academy;

(i)

removed ~~current and authentic copyrighted multimedia content (video, audio, print, etc.), in multiple genres, that have been cleared for legal use;~~

(ii)

removed ~~foreign-originated newscasts and interviews with foreign speakers; and~~

(iii)

removed ~~any other content determined by the executive agent to be necessary for personnel to acquire proper vocabulary, phraseology, and enhanced understanding of the nuances associated with foreign cultures.~~

(B)

changed ~~Anytime accessibility, both on-line~~ with respect to the United States Coast Guard Academy, the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard and ~~via mobile device.~~the Superintendent of the Coast Guard Academy; and

(C)

changed ~~Training programs~~ with ~~success proven by previous partnerships with academic institutions in~~ respect to the United States ~~or other departments~~ Merchant Marine Academy, the Secretary of Transportation, in consultation with the Administrator of the Maritime Administration and ~~agencies~~ the Superintendent of the ~~Federal Government.~~Merchant Marine Academy.

(c)

removed ~~Reimbursement authority—~~ Not later than 180 days after the date of the enactment of this Act, the executive agent, in coordination with the chief of each covered Armed Force, shall establish a procedure through which the Armed Force shall reimburse any organization of the Department of Defense that provides instruction under this section to members of that Armed Force for the costs of such instruction.

(d)

removed ~~Covered Armed Force defined—~~ ~~In this section, the term “covered Armed Force” means the Army, Navy, Air Force, Marine Corps, and Space Force.~~

Sec. 559E Defense language continuing education program

(a)

changed ~~Establishment—~~In general— ~~The Secretary of Defense, acting through~~ Not later than 120 days after the ~~Chairman~~ date of the ~~Joint Chiefs~~ enactment of ~~Staff and in consultation with~~ this Act, the Under Secretary of Defense for Personnel and ~~Readiness, may establish and maintain a public-private consortium (referred to in this section as~~ Readiness shall coordinate with the ~~“Consortium”)~~ Director of the Defense Intelligence Agency to ~~improve and broaden professional military education~~ designate an executive agent for ~~military officers and civilian employees~~ commercially available advanced foreign language training to meet operational readiness requirements of the ~~Federal Government.~~Department of Defense.

(b)

added Elements— The executive agent designated in subsection (a) shall be responsible for the following:

(b)

removed ~~Directors—~~

(1)

removed ~~In general—~~ ~~The President of the National Defense University and the head of a civilian institution of higher education appointed in accordance with paragraph (3) shall serve as co-directors of the Consortium.~~

(1)

changed ~~Responsibilities of co-directors—~~ ~~The co-directors shall be responsible for—~~Developing policies, procedures, and curricula to allow for continuing language training when linguists transition to operational environments from education or training environments, such as the Defense Language Institute, the Defense Language and National Security Education Office, or service-based training.

(A)

removed ~~the administration and management of the Consortium; and~~

(B)

removed ~~developing a common curriculum for professional military education using input received from members of the Consortium.~~

(2)

changed ~~Appointment of co-director from civilian institution—~~ ~~Not later than June 1, 2022, the Secretary of Defense shall appoint an individual who is~~ Identifying the ~~President or Chancellor of a civilian institution of higher education~~ resourcing requirements necessary for each armed force to ~~serve as co-director of~~ have access to the ~~Consortium as described in paragraph (1).~~following foreign language training elements:

(A)

added A foreign language and current culture training and maintenance virtual immersion program covering strategic languages (as designated by the Federal Government), with a range of multimedia materials including—

(i)

added current and authentic copyrighted multimedia content (video, audio, print, etc.), in multiple genres, that have been cleared for legal use;

(ii)

added foreign-originated newscasts and interviews with foreign speakers; and

(iii)

added any other content determined by the executive agent to be necessary for personnel to acquire proper vocabulary, phraseology, and enhanced understanding of the nuances associated with foreign cultures.

(B)

added Anytime accessibility, both on-line and via mobile device.

(C)

added Training programs with success proven by previous partnerships with academic institutions in the United States or other departments and agencies of the Federal Government.

(4)

removed ~~Term of co-director—~~ The co-director appointed under paragraph (3) shall serve an initial term of five years. The Secretary of Defense may reappoint such co-director for one or more additional terms of not more than five years, as the Secretary determines appropriate.

(5)

removed ~~Authority—~~ ~~In the event that a conflict arises between co-directors of the Consortium, the conflict shall be resolved by the Director for Joint Force Development of the Joint Chiefs of Staff (J–7).~~

(c)

changed ~~Activities of Consortium—~~Reimbursement authority— ~~The Consortium~~ Not later than 180 days after the date of the enactment of this Act, the executive agent, in coordination with the chief of each covered Armed Force, shall ~~carry out~~ establish a procedure through which the ~~following activities:~~Armed Force shall reimburse any organization of the Department of Defense that provides instruction under this section to members of that Armed Force for the costs of such instruction.

(1)

removed Bring the military education system (including military service academies, institutions that provide professional military education, and other institutions the provide military education) together with a broad group of civilian institutions of higher education, policy research institutes, and the commercial sector to develop and continually update a research-based curriculum to prepare early career, mid-career, and senior military officers and civilian employees of the Federal Government to succeed in an era that will be predominantly defined by great power competition and in which security challenges will transcend the traditional areas of defense expertise, becoming more complex and inter-related than before, with disruptions that will manifest rapidly and with little warning.

(2)

removed ~~Train military officers and civilian educators serving in the joint professional military education system to implement the curriculum developed under paragraph (2) at the institutions they serve.~~

(3)

removed On a regular basis, make recommendations to the Secretary about how the joint professional military education system should be modified to meet the challenges of apparent or possible future defense, national security, and international environments.

(d)

changed ~~Members—~~Covered Armed Force defined— ~~The Consortium shall be composed of representatives selected by~~ In this section, the ~~Secretary of Defense from~~ term “covered Armed Force” means the ~~following organizations:~~Army, Navy, Air Force, Marine Corps, and Space Force.

(1)

removed ~~Organizations within the joint professional military education system.~~

(2)

removed ~~Military service academies.~~

(3)

removed ~~Other institutions of the Federal Government that provide military education.~~

(4)

removed ~~Civilian institutions of higher education.~~

(5)

removed ~~Private sector and government policy research institutes.~~

(6)

removed ~~Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.~~

(e)

removed ~~Annual report—~~ Not later than September 30, 2023, and annually thereafter, the co-directors of the Consortium shall submit to the Secretary of Defense and the appropriate congressional committees a report that describes the activities carried out by the Consortium during the preceding year.

(f)

removed ~~Definitions—~~ ~~In this section:~~

(1)

removed ~~The term “appropriate congressional committees” means—~~

(A)

removed ~~the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and~~

(B)

removed ~~the Committee on Armed Services and the Committee on the Environment and Public Works of the Senate.~~

(2)

removed The term “civilian institution of higher education” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the Federal Government.

Sec. 559F Public-private consortium to improve professional military education

(a)

changed Establishment— ~~Not later than September 30, 2022, the~~ The Secretary of Defense, acting through the ~~Navy shall establish standards and procedures (subject to subsection (b)) by which a Navy surface warfare officer or enlisted member~~ Chairman of the ~~Navy who serves~~ Joint Chiefs of Staff and in ~~a bridge or engine department~~ consultation with the Under Secretary of Defense for Personnel and Readiness, may ~~be issued~~ establish and maintain a ~~merchant mariner credential~~ public-private consortium (referred to in ~~accordance with part E of subtitle II~~ this section as the “Consortium”) to improve and broaden professional military education for military officers and civilian employees of ~~title 46, United States Code, including—~~the Federal Government.

(b)

added Directors—

(1)

added In general— The President of the National Defense University and the head of a civilian institution of higher education appointed in accordance with paragraph (3) shall serve as co-directors of the Consortium.

(2)

added Responsibilities of co-directors— The co-directors shall be responsible for—

(A)

added the administration and management of the Consortium; and

(B)

added developing a common curriculum for professional military education using input received from members of the Consortium.

(3)

added Appointment of co-director from civilian institution— Not later than June 1, 2022, the Secretary of Defense shall appoint an individual who is the President or Chancellor of a civilian institution of higher education to serve as co-director of the Consortium as described in paragraph (1).

(4)

added Term of co-director— The co-director appointed under paragraph (3) shall serve an initial term of five years. The Secretary of Defense may reappoint such co-director for one or more additional terms of not more than five years, as the Secretary determines appropriate.

(5)

added Authority— In the event that a conflict arises between co-directors of the Consortium, the conflict shall be resolved by the Director for Joint Force Development of the Joint Chiefs of Staff (J–7).

(1)

removed ~~a merchant mariner credential with a national officer endorsement under section 10.109(a) of title 46, Code Federal Regulations, as in effect on the date of the enactment of this Act;~~

(2)

removed ~~a national rating endorsement under subsection (b) or (c) of section 10.109 of such title; or~~

(3)

removed ~~a Standards of Training, Certification, and Watchkeeping endorsement under section 10.109 (d) of such title.~~

(b)

removed ~~Stringency—~~ ~~In no case shall the standards described in subsection (a) be less stringent than the standards applied by the Army, Military Sealift Command, or Coast Guard vessel operators.~~

(c)

changed ~~Report—~~Activities of Consortium— ~~Upon establishment under subsection (a), the Secretary of the Navy~~ The Consortium shall ~~submit to the appropriate congressional committees a report that updates the military-to-mariner transition provided in response to section 568 of~~ carry out the ~~National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) that includes—~~following activities:

(1)

changed Bring the military education system (including military service academies, institutions that provide professional military education, and other institutions the provide military education) together with a ~~description~~ broad group of ~~the how~~ civilian institutions of higher education, policy research institutes, and the ~~training program for surface warfare~~ commercial sector to develop and continually update a research-based curriculum to prepare early career, mid-career, and senior military officers ~~exceeds~~ and civilian employees of the ~~minimum requirements for a merchant mariner credential with~~ Federal Government to succeed in an ~~appropriate endorsement—~~era that will be predominantly defined by great power competition and in which security challenges will transcend the traditional areas of defense expertise, becoming more complex and inter-related than before, with disruptions that will manifest rapidly and with little warning.

(A)

removed ~~meets the requirements for a merchant mariner credential with an appropriate endorsement; and~~

(B)

removed ~~exceeds such requirements;~~

(2)

changed ~~a list of~~ Train military officers and civilian educators serving in the ~~proposed naval curriculum courses that have been submitted~~ joint professional military education system to implement the ~~National Maritime Center for course credentialing approval; and~~curriculum developed under paragraph (2) at the institutions they serve.

(3)

changed On a ~~timeline for—~~regular basis, make recommendations to the Secretary about how the joint professional military education system should be modified to meet the challenges of apparent or possible future defense, national security, and international environments.

(A)

removed ~~all personnel described in subsection (b)(1) to be qualified to be issued merchant mariner credentials with national officer and ratings endorsements; and~~

(B)

removed ~~50 percent of such personnel to receive such credential with Standards of Training, Certification, and Watchkeeping endorsement.~~

(d)

changed ~~Appropriate congressional committees defined—~~Members— ~~In this section,~~ The Consortium shall be composed of representatives selected by the ~~term “appropriate congressional committees” means~~ Secretary of Defense from the ~~following:~~following organizations:

(1)

changed ~~The congressional defense committees (as that term is defined in section 101 of title 10, United States Code).~~Organizations within the joint professional military education system.

(2)

changed ~~The Committee on Transportation and Infrastructure of the House of Representatives.~~Military service academies.

(3)

changed ~~The Committee on Commerce, Science, and Transportation~~ Other institutions of the ~~Senate.~~Federal Government that provide military education.

(4)

added Civilian institutions of higher education.

(5)

added Private sector and government policy research institutes.

(6)

added Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.

(e)

added Annual report— Not later than September 30, 2023, and annually thereafter, the co-directors of the Consortium shall submit to the Secretary of Defense and the appropriate congressional committees a report that describes the activities carried out by the Consortium during the preceding year.

(f)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

added the Committee on Armed Services and the Committee on the Environment and Public Works of the Senate.

(2)

added The term “civilian institution of higher education” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the Federal Government.

Sec. 559G Standards for training of surface warfare officers and enlisted members

(a)

added Establishment— Not later than September 30, 2022, the Secretary of the Navy shall establish standards and procedures (subject to subsection (b)) by which a Navy surface warfare officer or enlisted member of the Navy who serves in a bridge or engine department may be issued a merchant mariner credential in accordance with part E of subtitle II of title 46, United States Code, including—

(a)

removed ~~Report—~~

(1)

removed ~~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).

(1)

changed ~~Elements—~~ ~~The report~~ a merchant mariner credential with a national officer endorsement under ~~this subsection shall include~~ section 10.109(a) of title 46, Code Federal Regulations, as in effect on the ~~following elements:~~date of the enactment of this Act;

(2)

added a national rating endorsement under subsection (b) or (c) of section 10.109 of such title; or

(3)

added a Standards of Training, Certification, and Watchkeeping endorsement under section 10.109 (d) of such title.

(A)

removed ~~A consolidated summary of all definitions of the term “professional military education” used in the Department of Defense and the military departments.~~

(B)

removed ~~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)

removed ~~An analysis of how such term—~~

(i)

removed ~~applies to tactical, operational, and strategic settings; and~~

(ii)

removed ~~is linked to mission requirements.~~

(D)

removed ~~An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training.~~

(E)

removed ~~The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber.~~

(F)

removed ~~With regards to online and virtual learning in professional military education—~~

(i)

removed ~~an analysis of the use of such learning; and~~

(ii)

removed ~~student satisfaction in comparison to traditional classroom learning.~~

(b)

changed ~~Definition—~~Stringency— ~~Not later than one year after the date of the enactment of this Act,~~ In no case shall the ~~Secretary of Defense,~~ standards described 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~~ (a) be less stringent than the ~~military departments and~~ standards applied by the ~~Department of Defense.~~Army, Military Sealift Command, or Coast Guard vessel operators.

(c)

added Report— Upon establishment under subsection (a), the Secretary of the Navy shall submit to the appropriate congressional committees a report that updates the military-to-mariner transition provided in response to section 568 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) that includes—

(1)

added a description of the how the training program for surface warfare officers exceeds the minimum requirements for a merchant mariner credential with an appropriate endorsement—

(A)

added meets the requirements for a merchant mariner credential with an appropriate endorsement; and

(B)

added exceeds such requirements;

(2)

added a list of the proposed naval curriculum courses that have been submitted to the National Maritime Center for course credentialing approval; and

(3)

added a timeline for—

(A)

added all personnel described in subsection (b)(1) to be qualified to be issued merchant mariner credentials with national officer and ratings endorsements; and

(B)

added 50 percent of such personnel to receive such credential with Standards of Training, Certification, and Watchkeeping endorsement.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The congressional defense committees (as that term is defined in section 101 of title 10, United States Code).

(2)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(3)

added The Committee on Commerce, Science, and Transportation of the Senate.

Sec. 559H Professional military education: report; definition

(a)

added Report—

(1)

added 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).

(a)

removed ~~Study—~~ Not later than April 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct a study on training and courses of education offered to covered members regarding—

(2)

changed Elements— ~~sexual assault;~~The report under this subsection shall include the following elements:

(A)

added A consolidated summary of all definitions of the term “professional military education” used in the Department of Defense and the military departments.

(B)

added 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)

added An analysis of how such term—

(i)

added applies to tactical, operational, and strategic settings; and

(ii)

added is linked to mission requirements.

(D)

added An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training.

(E)

added The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber.

(F)

added With regards to online and virtual learning in professional military education—

(i)

added an analysis of the use of such learning; and

(ii)

added student satisfaction in comparison to traditional classroom learning.

(2)

removed ~~sexual harassment;~~

(3)

removed ~~extremism;~~

(4)

removed ~~domestic violence;~~

(5)

removed ~~diversity, equity, and inclusion;~~

(6)

removed ~~military equal opportunity;~~

(7)

removed ~~suicide prevention; and~~

(8)

removed ~~substance abuse.~~

(b)

changed ~~Elements—~~Definition— ~~The study~~ 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)~~ (a), shall ~~identify, with regard to each training or course~~ standardize the definition of ~~education,~~ “professional military education” across the ~~following:~~military departments and the Department of Defense.

(1)

removed ~~Sponsor.~~

(2)

removed ~~Location.~~

(3)

removed ~~Method.~~

(4)

removed ~~Frequency.~~

(5)

removed ~~Number of covered members who have participated.~~

(6)

removed ~~Legislation, regulation, instruction, or guidance that requires such training or course (if applicable).~~

(7)

removed ~~Metrics of—~~

(A)

removed ~~performance;~~

(B)

removed ~~effectiveness; and~~

(C)

removed ~~data collection.~~

(8)

removed ~~Responsibilities of the Secretary of Defense or Secretary of a military department to—~~

(A)

removed ~~communicate with non-departmental entities;~~

(B)

removed ~~process feedback from trainers, trainees, and such entities;~~

(C)

removed ~~connect such training or course to tactical, operational, and strategic goals; and~~

(D)

removed ~~connect such training or course to other training regarding social reform and unhealthy behavior.~~

(9)

removed ~~Analyses of—~~

(A)

removed ~~whether the metrics described in paragraph (7) are standardized across the military departments;~~

(B)

removed ~~mechanisms used to engage non-departmental entities to assist in the development of such training or courses;~~

(C)

removed ~~incentives used to ensure the effectiveness of such training or courses;~~

(D)

removed ~~how each training or courses is intended to change behavior; and~~

(E)

removed ~~costs of such training and courses.~~

(10)

removed ~~Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements.~~

(11)

removed ~~Any other information the Secretary of Defense determines relevant.~~

(c)

removed ~~Report—~~ Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under this section.

(d)

removed ~~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. 559I Study on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors

added

(a)

added Study— Not later than April 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct a study on training and courses of education offered to covered members regarding—

(1)

added sexual assault;

(2)

added sexual harassment;

(3)

added extremism;

(4)

added domestic violence;

(5)

added diversity, equity, and inclusion;

(6)

added military equal opportunity;

(7)

added suicide prevention; and

(8)

added substance abuse.

(b)

added Elements— The study under subsection (a) shall identify, with regard to each training or course of education, the following:

(1)

added Sponsor.

(2)

added Location.

(3)

added Method.

(4)

added Frequency.

(5)

added Number of covered members who have participated.

(6)

added Legislation, regulation, instruction, or guidance that requires such training or course (if applicable).

(7)

added Metrics of—

(A)

added performance;

(B)

added effectiveness; and

(C)

added data collection.

(8)

added Responsibilities of the Secretary of Defense or Secretary of a military department to—

(A)

added communicate with non-departmental entities;

(B)

added process feedback from trainers, trainees, and such entities;

(C)

added connect such training or course to tactical, operational, and strategic goals; and

(D)

added connect such training or course to other training regarding social reform and unhealthy behavior.

(9)

added Analyses of—

(A)

added whether the metrics described in paragraph (7) are standardized across the military departments;

(B)

added mechanisms used to engage non-departmental entities to assist in the development of such training or courses;

(C)

added incentives used to ensure the effectiveness of such training or courses;

(D)

added how each training or courses is intended to change behavior; and

(E)

added costs of such training and courses.

(10)

added Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements.

(11)

added Any other information the Secretary of Defense determines relevant.

(c)

added Report— Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under this section.

(d)

added Covered member defined— In this section, the term “covered member” means a member of an Armed Force under the jurisdiction of the Secretary of a military department.

Sec. 559J Notice program relating to options for naturalization

added

(a)

added Upon enlistment— Every military recruiter or officer overseeing an enlistment shall provide to every recruit proper notice of that recruit’s options for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), and shall inform the recruit of existing programs or services that may aid in the recruit’s naturalization process, including directing the recruit to the Judge Advocate General or other designated point-of-contact for naturalization.

(b)

added Upon discharge— The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to every former member of the Armed Forces, upon separation from the Armed Forces, an adequate notice of that former member’s options for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), and shall inform the former member of existing programs and services that may aid in the naturalization process. The Secretary shall issue along with this notice a copy of each form required for naturalization. When appropriate, the Secretary of Defense shall provide the former member, at no expense to the former member, with the certification described in section 329(b)(3) of such Act (8 U.S.C. 1440(b)(3)).

Sec. 559K Pilot program on activities under the transition assistance program for a reduction in suicide among veterans

added

(a)

added Pilot program required— The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a pilot program to assess the feasibility and advisability of providing the module described in subsection (b) and the services described in subsection (c) as part of the Transition Assistance Program for members of the Armed Forces participating in the Transition Assistance Program as a means of reducing the incidence of suicide among veterans.

(b)

added Module— The module described in this subsection is a three-hour module under the Transition Assistance Program for each member of the Armed Forces participating in the pilot program that includes the following:

(1)

added An in-person meeting between the cohort of the member and a social worker or mental health provider in which the social worker or mental health provider—

(A)

added counsels the cohort on specific potential risks confronting members after discharge or release from the Armed Forces, including loss of community or a support system, isolation from family, friends, or society, identity crisis in the transition from military to civilian life, vulnerability viewed as a weakness, need for empathy, self-medication and addiction, importance of sleep and exercise, homelessness, and reasons why veterans attempt and complete suicide;

(B)

added in coordination with the Department of Defense InTransition program, counsels members of the cohort who have been diagnosed with physical, psychological, or neurological issues, such as post-traumatic stress disorder, traumatic brain injury, adverse childhood experiences, depression, and bipolar disorder, on—

(i)

added the potential risks for such members from such issues after discharge or release; and

(ii)

added the resources and treatment options afforded to members for such issues through the Department of Veterans Affairs, the Department of Defense, and non-profit organizations;

(C)

added counsels the cohort about the resources afforded to victims of military sexual trauma through the Department of Veterans Affairs; and

(D)

added counsels the cohort about the manner in which members might experience grief during the transition from military to civilian life, and the resources afforded to them for grieving through the Department of Veterans Affairs.

(2)

added In coordination with the Department of Veterans Affairs’ Solid Start program, the provision to each cohort member of contact information for a counseling or other appropriate facility of the Department of Veterans Affairs in the locality in which such member intends to reside after discharge or release.

(3)

added The submittal by cohort members to the Department of Veterans Affairs (including both the Veterans Health Administration and the Veterans Benefits Administration) of their medical records in connection with service in the Armed Forces, whether or not such members intend to file a claim with the Department for benefits with respect to any service-connected disability.

(c)

added Services— The services described in this subsection in connection with the Transition Assistance Program for each member of the Armed Forces participating in the pilot program are the following:

(1)

added Not later than 90 days after the discharge or release of the member from the Armed Forces, a contact of the member by a social worker or behavioral health coordinator from the Department of Veterans Affairs to schedule a follow-up appointment with a social worker or behavioral health provider at the facility applicable to the member under subsection (b)(2) to occur not later than 90 days after such contact.

(2)

added During the appointment scheduled pursuant to paragraph (1)—

(A)

added an assessment of the member to determine the experiences of the member with events during service in the Armed Forces that could lead, whether individually or cumulatively, to physical, psychological, or neurological issues, including issues described in subsection (b)(1)(B); and

(B)

added the development of a medical treatment plan for the member, including treatment for issues identified pursuant to the assessment under subparagraph (A).

(d)

added Locations—

(1)

added In general— The pilot program shall be carried out at not fewer than 10 Transition Assistance Centers of the Department of Defense that serve not fewer than 300 members of the Armed Forces annually that are jointly selected by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of the pilot program.

(2)

added Members served— The centers selected under paragraph (1) shall, to the extent practicable, be centers that, whether individually or in aggregate, serve all the Armed Forces and both the regular and reserve components of the Armed Forces.

(e)

added Selection and commencement— The Secretary of Defense and the Secretary of Veterans Affairs shall jointly select the locations of the pilot program under subsection (d)(1) and commence carrying out activities under the pilot program by not later than 120 days after the date of the enactment of this Act.

(f)

added Duration—

(1)

added In general— The duration of the pilot program shall be five years.

(2)

added Continuation— If the Secretary of Defense and the Secretary of Veterans Affairs recommend in the report under subsection (g) that the pilot program be extended beyond the date otherwise provided by paragraph (1), the Secretaries may jointly continue the pilot program for such period beyond such date as the Secretaries jointly consider appropriate.

(g)

added Reports—

(1)

added In general— Not later than one year after the date of the enactment of this Act, and every 180 days thereafter during the duration of the pilot program, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the activities under the pilot program.

(2)

added Elements— Each report required by paragraph (1) shall include the following:

(A)

added A description of the members of the Armed Forces who participated in the pilot program during the 180-day period ending on the date of such report, broken out by the following:

(i)

added Sex.

(ii)

added Branch of the Armed Forces in which served.

(iii)

added Diagnosis of, or other symptoms consistent with, military sexual trauma, post-traumatic stress disorder, traumatic brain injury, depression, or bipolar disorder in connection with service in the Armed Forces.

(B)

added A description of the activities under the pilot program during such period.

(C)

added An assessment of the benefits of the activities under the pilot program during such period to veterans and family members of veterans.

(D)

added An assessment whether the activities under the pilot program as of the date of such report have reduced the incidence of suicide among members who participated in the pilot program within one year of discharge or release from the Armed Forces.

(E)

added Such recommendations as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate regarding expansion of the pilot program, extension of the pilot program, or both.

(h)

added Transition assistance program defined— In this section, the term Transition Assistance Program means the program of assistance and other transitional services carried out pursuant to section 1144 of title 10, United States Code.

Sec. 559L Speech disorders of cadets and midshipmen

added

(a)

added Testing— The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent.

(b)

added No effect on admission— The testing under subsection (a) may not have any affect on admission to a military service academy.

(c)

added Results— The Superintendent shall provide each cadet or midshipman under the jurisdiction of that Superintendent the result of the testing under subsection (a) and a list of warfare unrestricted line officer positions and occupation specialists that require successful performance on the speech test.

(d)

added Therapy— The Superintendent shall furnish speech therapy to a cadet or midshipman under the jurisdiction of that Superintendent at the election of the cadet or midshipman.

(e)

added Retaking— A cadet or midshipman whose testing indicate a speech disorder or impediment may elect to retake the testing once each academic year while enrolled at the military service academy.

Sec. 559M Requirement of involvement of representatives of military and veterans' service organizations in the Transition Assistance Program of the Department of Defense

added

added Section 1144 of title 10, United States Code, is amended—

(1)

added in subsection (d)—

(A)

added in the matter preceding paragraph (1), by striking “may”;

(B)

added in paragraph (1), by inserting “may” before “provide”;

(C)

added in paragraph (2), by inserting “may” before “use”;

(D)

added in paragraph (3), by inserting “may” before “use”;

(E)

added in paragraph (4)—

(i)

added by inserting “shall” before “use”; and

(ii)

added by inserting “and accredited service officers” after “representatives”;

(F)

added in paragraph (5), by inserting “may” before “enter”;

(G)

added in paragraph (6), in the matter preceding subparagraph (A), by inserting “may” before “enter”; and

(H)

added in paragraph (7), by inserting “may” before “take”; and

(2)

added by adding at the end the following new subsection:

added “(g) Definitions—In this section:

added “(1) The term “veterans’ service organization” means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.

added “(2) The term “accredited service officer” means a representative who has been recommended for accreditation by a veterans’ service organization.”

Sec. 559N GAO report on screenings included in the health assessment for members separating from the Armed Forces

added

added Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on screenings included in the health assessment administered to members separating from the the Armed Forces. Such report shall include the following elements:

(1)

added A list of screenings are included in such assessment.

(2)

added Whether such screenings—

(A)

added are uniform across the Armed Forces;

(B)

added include questions to assess if the member is at risk for social isolation, homelessness, or substance abuse; and

(C)

added include questions about community.

(3)

added How many such screenings result in referral of a member to—

(A)

added community services;

(B)

added community services other than medical services; and

(C)

added a veterans service organization.

(4)

added An assessment of the effectiveness of referrals described in paragraph (3).

(5)

added How organizations, including veterans service organizations, perform outreach to members in underserved communities.

(6)

added The extent to which organizations described in paragraph (5) perform such outreach.

(7)

added The effectiveness of outreach described in paragraph (6).

(8)

added The annual amount of Federal funding for services and organizations described in paragraphs (3) and (5).

Sec. 559O Pilot grant program to supplement the transition assistance program of the Department of Defense

added

(a)

added Establishment— The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall carry out a pilot grant program under which the Secretary of Defense provides enhanced support and funding to eligible entities to supplement TAP to provide job opportunities for industry recognized certifications, job placement assistance, and related employment services directly to covered individuals.

(b)

added Services— Under the pilot grant program, the Secretary of Defense shall provide grants to eligible entities to provide to covered individuals the following services:

(1)

added Using an industry-validated screening tool, assessments of prior education, work history, and employment aspirations of covered individuals, to tailor appropriate and employment services.

(2)

added Preparation for civilian employment through services like mock interviews and salary negotiations, training on professional networking platforms, and company research.

(3)

added Several industry-specific learning pathways—

(A)

added with entry-level, mid-level and senior versions;

(B)

added in fields such as project management, cybersecurity, and information technology;

(C)

added in which each covered individual works with an academic advisor to choose a career pathway and navigate coursework during the training process; and

(D)

added in which each covered individual can earn industry-recognized credentials and certifications, at no charge to the covered individual.

(4)

added Job placement services.

(c)

added Program organization and implementation model— The pilot grant program shall follow existing economic opportunity program models that combine industry-recognized certification training, furnished by professionals, with online learning staff.

(d)

added Consultation— In carrying out the program, the Secretary of Defense shall seek to consult with private entities to assess the best economic opportunity program models, including existing economic opportunity models furnished through public-private partnerships.

(e)

added Eligibility— To be eligible to receive a grant under the pilot grant program, an entity shall—

(1)

added follow a job training and placement model;

(2)

added have rigorous program evaluation practices;

(3)

added have established partnerships with entities (such as employers, governmental agencies, and non-profit entities) to provide services described in subsection (b);

(4)

added have online training capability to reach rural veterans, reduce costs, and comply with new conditions forced by COVID–19; and

(5)

added have a well-developed practice of program measurement and evaluation that evinces program performance and efficiency, with data that is high quality and shareable with partner entities.

(f)

added Coordination with Federal entities— A grantee shall coordinate with Federal entities, including—

(1)

added the Office of Transition and Economic Development of the Department of Veterans Affairs; and

(2)

added the Office of Veteran Employment and Transition Services of the Department of Labor.

(g)

added Metrics and evaluation— Performance outcomes shall be verifiable using a third-party auditing method and include the following:

(1)

added The number of covered individuals who receive and complete skills training.

(2)

added The number of covered individuals who secure employment.

(3)

added The retention rate for covered individuals described in paragraph (2).

(4)

added Median salary of covered individuals described in paragraph (2).

(h)

added Site locations— The Secretary of Defense shall select five military installations in the United States where existing models are successful.

(i)

added Assessment of possible expansion— A grantee shall assess the feasibility of expanding the current offering of virtual training and career placement services to members of the reserve components of the Armed Forces and covered individuals outside the United States.

(j)

added Duration— The pilot grant program shall terminate on September 30, 2025.

(k)

added Report— Not later than 180 days after the termination of the pilot grant program, the Secretary of Defense shall submit to the congressional defense committees a report that includes—

(1)

added a description of the pilot grant program, including a description of specific activities carried out under this section; and

(2)

added the metrics and evaluations used to assess the effectiveness of the pilot grant program.

(l)

added Definitions— In this section:

(1)

added The term “covered individual” means—

(A)

added a member of the Armed Forces participating in TAP; or

(B)

added a spouse of a member described in subparagraph (A).

(2)

added The term “military installation” has the meaning given such term in section 2801 of title 10, United States Code.

(3)

added The term “TAP” means the transition assistance program of the Department of Defense under sections 1142 and 1144 of title 10, United States Code.

Sec. 566 Portability of professional licenses of members of the uniformed services and their spouses

(a)

added In general— Title VII of the Servicemembers Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50 U.S.C. 4025) the following new section:

added “705A. Portability of professional licenses of servicemembers and their spouses

added “(a) In general—In any case in which a servicemember has a professional license in good standing in a jurisdiction or the spouse of a servicemember has a professional license in good standing in a jurisdiction and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in such jurisdiction, the professional license or certification of such servicemember or spouse shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse—

added “(1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located;

added “(2) remains in good standing with the licensing authority that issued the license; and

added “(3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements.

added “(b) Interstate licensure compacts—If a servicemember or spouse of a servicemember is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the servicemember or spouse of a servicemember shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section.”

removed Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that establish and maintain a database of the Department of Defense that contains up-to-date contact information for the next of kin of members of the Armed Forces under the jurisdiction of the Secretaries of the military departments. Such regulations shall ensure that—

(b)

changed Clerical amendment— ~~a commander in a grade higher than O-5 may access the contact information for the next of kin~~ The table of ~~a member who died while a member~~ contents in section 1(b) of such Act is amended by inserting after the ~~unit under~~ item relating to section 705 the ~~command of such commander, regardless of whether such member served under such commander; and~~following new item:

(2)

removed ~~an individual named in such database may—~~

(A)

removed ~~elect to not be contacted by an officer described in paragraph (1); and~~

(B)

removed ~~change such election at any time.~~

Sec. 567 Database of next of kin of deceased members of the Armed Forces

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that establish and maintain a database of the Department of Defense that contains up-to-date contact information for the next of kin of members of the Armed Forces under the jurisdiction of the Secretaries of the military departments. Such regulations shall ensure that—

(a)

removed ~~Policy—~~ ~~Not later than April 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to—~~

(1)

removed ~~identify remote military installations; and~~

(2)

removed ~~assess and manage challenges associated with remote military installations.~~

(1)

changed ~~Elements—~~ ~~The policy~~ a commander in a grade higher than O-5 may access the contact information for the next of kin of a member who died while a member of the unit under ~~subsection (a) shall address~~ the ~~following:~~command of such commander, regardless of whether such member served under such commander; and

(1)

removed ~~Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.~~

(2)

removed ~~Availability of housing, located on and off remote military installations.~~

(3)

removed ~~Educational services for dependents of members of the Armed Forces, located on and off remote military installations.~~

(4)

removed ~~Availability of health care.~~

(5)

removed ~~Employment opportunities for military spouses.~~

(6)

removed ~~Risks associated with having insufficient support services for members of the Armed Forces and their dependents.~~

(2)

changed ~~Report—~~ ~~Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth—~~an individual named in such database may—

(A)

added elect to not be contacted by an officer described in paragraph (1); and

(B)

changed ~~the policy under this section; and~~change such election at any time.

(2)

removed ~~an implementation plan for the policy.~~

(d)

removed ~~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. 568 Policy regarding remote military installations

(a)

changed ~~Authorization—~~Policy— Not later than ~~180 days after the date of the enactment of this Act,~~ April 1, 2022, the Secretary of ~~Defense shall conduct a feasibility study on~~ Defense, in consultation with the ~~establishment~~ Secretaries of ~~a program under which~~ the military ~~spouse of a covered member may leave a covered child with~~ departments, shall develop a ~~child care employee—~~uniform policy for how to—

(1)

changed ~~at the military child development center of the~~ identify remote military ~~installation that is the permanent duty station of such covered member;~~installations; and

(2)

changed ~~during the normal hours of operation of the~~ assess and manage challenges associated with remote military ~~child development center at which such child care employee is employed; and~~installations.

(3)

removed ~~for not more than two hours per week.~~

(b)

changed ~~Report—~~Elements— ~~Not later than September 30, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the results of the study~~ The policy under subsection ~~(a).~~(a) shall address the following:

(1)

added Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.

(2)

added Availability of housing, located on and off remote military installations.

(3)

added Educational services for dependents of members of the Armed Forces, located on and off remote military installations.

(4)

added Availability of health care.

(5)

added Employment opportunities for military spouses.

(6)

added Risks associated with having insufficient support services for members of the Armed Forces and their dependents.

(c)

changed ~~Definitions—~~Report— ~~In this section:~~Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth—

(1)

changed ~~The terms “child care employee” and “military child development center” have~~ the ~~meanings given such terms in section 1800 of title 10, United States Code.~~policy under this section; and

(2)

changed ~~The term “covered child” means~~ an implementation plan for the ~~dependent child of a covered member—~~policy.

(d)

added 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.

(A)

removed ~~younger than seven years of age; and~~

(B)

removed ~~who does not regularly receive child care services at a military child development center.~~

(3)

removed ~~The term “covered member” means a member of the Armed Forces performing active duty for a period of more than 30 days at a location other than the permanent duty station of such member.~~

Sec. 569 Feasibility study on program for drop-in child care furnished to certain military spouses at military child development centers

(a)

added Authorization— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a feasibility study on the establishment of a program under which the military spouse of a covered member may leave a covered child with a child care employee—

(1)

added at the military child development center of the military installation that is the permanent duty station of such covered member;

(2)

added during the normal hours of operation of the military child development center at which such child care employee is employed; and

(3)

added for not more than two hours per week.

removed Not later than 180 days after the date of the enactment of this Act, and 180 days thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report on employment discrimination against military spouses by civilian employers, including on the basis of military spouse status. Such report shall include an assessment of the following:

(b)

changed Report— ~~The feasibility of policy solutions~~ Not later than September 30, 2022, the Secretary shall submit to ~~prevent such discrimination, including—~~the Committees on Armed Services of the Senate and House of Representatives a report regarding the results of the study under subsection (a).

(A)

removed ~~by amending the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353) to ensure that military spouses are covered under such Act; and~~

(B)

removed ~~by including military spouses as a protected class for the purpose of laws relating to employment discrimination.~~

(c)

changed Definitions— ~~Potential differential effects of such discrimination across race and gender, to determine if military spouses who are people of color are subject to intersectional discrimination.~~In this section:

(1)

added The terms “child care employee” and “military child development center” have the meanings given such terms in section 1800 of title 10, United States Code.

(2)

added The term “covered child” means the dependent child of a covered member—

(A)

added younger than seven years of age; and

(B)

added who does not regularly receive child care services at a military child development center.

(3)

added The term “covered member” means a member of the Armed Forces performing active duty for a period of more than 30 days at a location other than the permanent duty station of such member.

Sec. 569A Comptroller General of the United States reports on employment discrimination against military spouses by civilian employers

changed Not later than ~~120~~ 180 days after the date of the enactment of this Act, and 180 days thereafter, the ~~Secretary~~ Comptroller General of ~~Defense~~ the United States shall submit to the ~~Committees on Armed Services of the Senate and House of Representatives~~ congressional defense committees a report on ~~how and~~ employment discrimination against military spouses by civilian employers, including on the ~~extent to which commanders~~ basis of military ~~installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing.~~spouse status. Such report shall include an assessment of the following:

(1)

added The feasibility of policy solutions to prevent such discrimination, including—

(A)

added by amending the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353) to ensure that military spouses are covered under such Act; and

(B)

added by including military spouses as a protected class for the purpose of laws relating to employment discrimination.

(2)

added Potential differential effects of such discrimination across race and gender, to determine if military spouses who are people of color are subject to intersectional discrimination.

Sec. 569B Report on efforts of commanders of military installations to connect military families with local entities that provide services to military families

added Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing.

(a)

removed ~~Report required—~~ ~~Not later than 180 days after the date of the enactment of this Act, the Commander of United States Special Operations Command shall submit to the congressional defense committees a report on POTFF.~~

(b)

removed ~~Elements—~~ ~~The report under this section shall include the following:~~

(1)

removed ~~An assessment of the human performance domain of current programs and activities, including—~~

(A)

removed ~~physical conditioning;~~

(B)

removed ~~exercise physiology;~~

(C)

removed ~~kinesiology;~~

(D)

removed ~~nutrition guidance;~~

(E)

removed ~~rehabilitative support (including physical therapy); and~~

(F)

removed ~~mental skills training (including sports psychology).~~

(2)

removed ~~A description of efforts of the Commander to assess the unique needs of members of special operations forces, including women and minorities.~~

(3)

removed ~~An assessment of the effectiveness of POTFF in addressing such unique needs.~~

(4)

removed ~~Plans of the Commander to improve POTFF to better address such unique needs.~~

(c)

removed ~~Definitions—~~ ~~In this section:~~

(1)

removed ~~The term “POTFF” means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code.~~

(2)

removed ~~The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.~~

Sec. 569C Report on Preservation of the Force and Family Program of United States Special Operations Command

(a)

changed ~~Review—~~Report required— Not later than ~~April 1, 2022,~~ 180 days after the ~~Comptroller General~~ date of the enactment of this Act, the Commander of United States Special Operations Command shall ~~conduct a review of POTFF and~~ submit to the ~~appropriate~~ congressional defense committees a report ~~containing the results of such review.~~on POTFF.

(b)

Elements— The report under this section shall include the following:

(1)

changed An assessment of the ~~sufficiency of the~~ human performance domain of current programs and ~~activities of POTFF.~~activities, including—

(A)

added physical conditioning;

(B)

added exercise physiology;

(C)

added kinesiology;

(D)

added nutrition guidance;

(E)

added rehabilitative support (including physical therapy); and

(F)

added mental skills training (including sports psychology).

(2)

changed 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)

changed ~~A description of plans~~ An assessment of the ~~Commander to improve~~ effectiveness of POTFF ~~to better address the~~ in addressing such unique ~~needs of members of special operations forces.~~needs.

(4)

changed ~~Changes in costs to~~ Plans of the ~~United States~~ Commander to ~~operate~~ improve POTFF ~~since implementation.~~to better address such unique needs.

(5)

removed ~~Rates of participation in POTFF, including—~~

(A)

removed ~~the number of individuals who participate;~~

(B)

removed ~~frequency of use by such individuals; and~~

(C)

removed ~~geographic locations where such individuals participate.~~

(6)

removed ~~Methods by which data on POTFF is collected and analyzed.~~

(7)

removed Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals.

(c)

removed ~~Briefing—~~ Not later than January 31, 2022, the Comptroller General shall provide to the appropriate committees a briefing on the preliminary findings of the Comptroller General under the review under this section.

(c)

renumbered was (5) Definitions— In this section:

(1)

removed ~~The term “appropriate committees” means the Committees on Armed Services of the Senate and House of Representatives.~~

(1)

renumbered was (5)(4) The term “POTFF” means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code.

(2)

renumbered was (5)(5) The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

Sec. 569D GAO review of Preservation of the Force and Family Program of United States Special Operations Command

(a)

changed ~~Assistance to schools with significant numbers of military dependent students—~~Review— Of Not later than April 1, 2022, the ~~amount authorized to be appropriated for fiscal year 2022 in division D~~ Comptroller General of ~~this Act and available for operation and maintenance for Defense-wide activities as specified in~~ the ~~funding table in section 4301 of this Act, $50,000,000~~ United States shall ~~be available only for the purpose~~ conduct a review of ~~providing assistance~~ POTFF and submit to ~~local educational agencies under subsection (a) of section 572 of~~ the ~~National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).~~appropriate committees a report containing the results of such review.

(b)

changed ~~Impact aid for children with severe disabilities—~~Elements— ~~Of the amount authorized to be appropriated for fiscal year 2022 in division D of~~ The report under this ~~Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in~~ section ~~4301 of this Act, $20,000,000~~ shall ~~be available for payments under section 363 of~~ include the ~~Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).~~following:

(1)

added An assessment of the sufficiency of the human performance domain of current programs and activities of POTFF.

(2)

added 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)

added A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces.

(4)

added Changes in costs to the United States to operate POTFF since implementation.

(5)

added Rates of participation in POTFF, including—

(A)

added the number of individuals who participate;

(B)

added frequency of use by such individuals; and

(C)

added geographic locations where such individuals participate.

(6)

added Methods by which data on POTFF is collected and analyzed.

(7)

added Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals.

(c)

changed ~~Local educational agency defined—~~Briefing— ~~In this section,~~ Not later than January 31, 2022, the ~~term “local educational agency” has~~ Comptroller General shall provide to the ~~meaning given that term in section 7013(9) of~~ appropriate committees a briefing on the ~~Elementary and Secondary Education Act~~ preliminary findings of ~~1965 (20 U.S.C. 7713(9)).~~the Comptroller General under the review under this section.

(d)

added Definitions— In this section:

(1)

added The term “appropriate committees” means the Committees on Armed Services of the Senate and House of Representatives.

(2)

added 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)

added The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

Sec. 569E Continued assistance to schools with significant numbers of military dependent students

(a)

changed ~~Certification—~~Assistance to schools with significant numbers of military dependent students— ~~On an annual basis, each commander of a military installation under~~ Of the ~~jurisdiction~~ amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the ~~Secretary~~ funding table in section 4301 of ~~a military department~~ this Act, $50,000,000 shall ~~submit to such Secretary a written certification verifying whether the commander has confirmed~~ be available only for the ~~information contained in all impact aid source check forms received from~~ purpose of providing assistance to local educational agencies as under subsection (a) of ~~the date~~ section 572 of ~~such certification.~~the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b)

added Impact aid for children with severe disabilities—

(b)

removed ~~Report—~~ Not later June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—

(1)

changed In general— ~~each military installation under~~ Of the ~~jurisdiction~~ amount authorized to be appropriated for fiscal year 2022 in division D of ~~such Secretary that has confirmed~~ this Act and available for operation and maintenance for Defense-wide activities as specified in the ~~information contained~~ funding table in ~~all impact aid source check forms received from local educational agencies as~~ section 4301 of ~~the date~~ this Act, $20,000,000 shall be available for payments under section 363 of the ~~report; and~~Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).

(2)

changed Allocation for high concentration schools— ~~each military installation that has not confirmed~~ Of the ~~information contained in such forms as~~ amount made available under paragraph (1), $10,000,000 shall be available for use by the Secretary of ~~such date.~~Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.

(c)

changed ~~Definitions—~~Local educational agency defined— In this ~~section:~~section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

(1)

removed ~~Term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.~~

(2)

removed The term impact aid source check form means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)).

(3)

removed ~~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. 569F Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs

added

(a)

added Certification— On an annual basis, each commander of a military installation under the jurisdiction of the Secretary of a military department shall submit to such Secretary a written certification verifying whether the commander has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of such certification.

(b)

added Report— Not later June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—

(1)

added each military installation under the jurisdiction of such Secretary that has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of the report; and

(2)

added each military installation that has not confirmed the information contained in such forms as of such date.

(c)

added Definitions— In this section:

(1)

added Term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

(2)

added The term impact aid source check form means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)).

(3)

added The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Sec. 569G Pilot transition assistance program for military spouses

added

(a)

added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot transition assistance program for covered individuals (in this section referred to as the “pilot program”).

(b)

added Services— The Secretary of Defense shall provide to a covered individual, who elects to participate in the pilot program, services similar to those available under TAP to members of the Armed Forces, including the following:

(1)

added Assessments of prior education, work history, and employment aspirations of covered individuals, to tailor appropriate employment services.

(2)

added Preparation for employment through services like mock interviews and salary negotiations, training on professional networking platforms, and company research.

(3)

added Job placement services.

(4)

added Services offering guidance on available health care resources, mental health resources, and financial assistance resources.

(5)

added Training in mental health first aid to learn how to assist someone experiencing a mental health or substance use-related crisis.

(c)

added Locations— The Secretary shall carry out the pilot program at 12 military installations located in the United States.

(d)

added Duration— The pilot program shall terminate five years after enactment.

(e)

added Report— Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the and House of Representatives a report that includes—

(1)

added a description of the pilot program, including a description of specific activities carried out under this section; and

(2)

added the metrics and evaluations used to assess the effectiveness of the pilot program.

(f)

added Definitions— In this section:

(1)

added The term “covered individual” means a spouse of a member of the Armed Forces eligible for TAP.

(2)

added The term “military installation” has the meaning given such term in section 2801 of title 10, United States Code.

(3)

added The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

Sec. 569H Implementation of GAO recommendations on improved communication of best practices to engage military spouses with career assistance resources

added

(a)

added Plan required—

(1)

added In general— The Secretary of Defense shall develop a plan to address recommendation #2, regarding strategies for sharing information on outreach to military spouses, in the report of the Government Accountability Office titled “Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources” (GAO–21–193).

(2)

added Elements— The plan required under paragraph (1) shall include—

(A)

added a summary of actions that have been taken to implement the recommendation;

(B)

added a summary of actions that will be taken to implement the recommendation, including how the Secretary plans to—

(i)

added engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders;

(ii)

added overcome factors that may limit use of best practices;

(iii)

added disseminate best practices to relevant stakeholders; and

(iv)

added identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and

(C)

added a schedule, with specific milestones, for completing implementation of the recommendation.

(b)

added Deadline for implementation— Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a).

Sec. 571 Information on female and minority participation in military service academies and the Senior Reserve Officers’ Training Corps

Section 113 of title 10, United States Code, is amended—

(1)

changed in subsection (c)(2), by inserting before the semicolon the following: “, including the status of diversity and inclusion in the military service ~~academies~~ academies, the Federal Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department”;

(2)

in subsection (l)(2)—

(A)

changed in subparagraph (D), by inserting “(including through the military service ~~academies~~ academies, the Federal Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps)” after “into the armed forces”; and

(B)

changed in subparagraph (E), by inserting “, attendance at military service academies, the Federal Officer Candidate and Training Schools, and enrollment in the Senior Reserve Officers’ Training Corps that” before “is representative”; and

(3)

in subsection (m)—

(A)

changed by redesignating paragraphs (5) through (7) as paragraphs ~~(6)~~ (7) through ~~(8),~~ (9), respectively; and

(B)

changed by inserting after paragraph (4) the ~~following new paragraph:~~following:

changed “(5) The number of cadets and midshipmen from the Federal Officer Candidate and Training Schools and the Senior Reserve Officers’ Training Corps of each armed force who are expected to be commissioned into the armed forces during the fiscal year covered by such report, disaggregated by gender, race, and ~~ethnicity.”~~ethnicity.

added “(6) Plans to increase the number of minority cadets and midshipmen at the military service academies and members of the Senior Reserve Officer’s Training Corps.”

Sec. 572 Surveys on diversity, equity, and inclusion and annual reports on sexual assaults and racial and ethnic demographics in the military justice system

(a)

Modification of content of certain surveys—

(1)

Armed forces surveys— Section 481 of title 10, United States Code, is amended—

(A)

in subsection (a)—

(i)

in paragraph (1) by striking the second sentence;

(ii)

in paragraph (3) by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”;

(B)

in subsection (b)—

(i)

in the subsection heading, by striking “Equal opportunity” and inserting “Diversity, Equity, and Inclusion”;

(ii)

in the matter preceding paragraph (1), by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”; and

(iii)

by adding at the end the following new paragraphs:

“(4) Identifying and assessing the extent of activity among such members that may be seen as “hate group” activity.

“(5) Whether respondents have, in the preceding year—

changed “(A) experienced or witnessed extremist, racist, anti-Semitic, islamophobic, or supremacist activity in the workplace; or

“(B) reported such activity.”

(C)

in subsection (c)—

(i)

by redesignating paragraph (5) as paragraph (6); and

(ii)

by inserting after paragraph (4) the following new paragraph:

“(5) Identifying and assessing the extent of activity among such members that may be seen as “hate group” activity.”

(D)

by redesignating subsection (f) as subsection (g); and

(E)

by inserting after subsection (e) the following new subsection:

“(f) Publication—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (e); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”

(2)

Civilian employee surveys— Section 481a of title 10, United States Code, is amended—

(A)

in subsection (b)—

(i)

by redesignating paragraph (5) as paragraph (7); and

(ii)

by inserting after paragraph (4) the following new paragraphs:

“(5) Identifying and assessing the extent (if any) of activity among such employees that may be seen as so-called “hate group” activity.

“(6) Whether respondents have, in the preceding year—

changed “(A) experienced or witnessed extremist, racist, anti-Semitic, islamophobic, or supremacist activity in the workplace; or

“(B) reported such activity.”

(B)

by adding at the end the following new subsection:

“(e) Publication—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (c); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”

(3)

Prevalence of offenses under the Uniform Code of Military Justice— Section 481(b) of title 10, United States Code, as amended by paragraph (1) of this subsection, is further amended by adding at the end the following new paragraphs:

“(6) An estimate of the total number of offenses committed under each punitive article under chapter 47 of this title (the Uniform Code of Military Justice) over the period covered by the survey.

“(7) For each category of offense identified under paragraph (6)—

“(A) an estimate of the racial, ethnic, gender, age, and rank demographics of principals; and

“(B) an estimate of the racial, ethnic, gender, age, and rank demographics of victims.”

(4)

Conforming repeal— Section 593 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1415; 10 U.S.C. 480 note prec.) is repealed.

(5)

Effective date—

(A)

The amendments made by paragraphs (1) and (2) shall take effect on the day after the date of the enactment of this Act.

(B)

The amendments made by paragraph (3) shall take effect on January 1, 2023.

(b)

Annual reports on racial and ethnic demographics in the military justice system—

(1)

In general— Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section:

“486. Annual reports on racial and ethnic demographics in the military justice system

“(a) In general—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and gender demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.

“(b) Contents—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:

“(1) Statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice) during the year covered by the report, including:

“(A) an estimate based on survey data from the armed forces Workplace and Diversity, Equity, and Inclusion Surveys of the number of offenses committed by members of the armed force, disaggregated by—

“(i) statistical category as related to the victim; and

“(ii) statistical category as related to the principal;

“(B) the number of offenses in the armed force that were reported to military officials, disaggregated by—

“(i) statistical category as related to the victim; and

“(ii) statistical category as related to the principal;

“(C) the number of offenses in the armed force that were investigated, disaggregated by statistical category as related to the principal;

“(D) the number of offenses in which the evidence supported possible action by the Department, disaggregated by statistical category as related to the principal;

“(E) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed;

“(F) the number of offenses in which non-judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal;

“(G) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal;

“(H) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial;

“(I) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and

“(J) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial.

“(2) An analysis of any disparities among race, gender, and ethnicity in the incidence, reporting, disposition, and prosecution of offenses by units, commands, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of offenses; and

“(B) the prevalence of offenses, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical;

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.

“(3) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to any race, gender, or ethnicity disparities involving members of the armed force concerned.

“(c) Definitions—In this section:

“(1) The term “statistical category” means each of the following categories:

“(A) race;

“(B) gender;

“(C) ethnicity;

“(D) rank; and

“(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice).

“(2) The term “principal” has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).

“(d) Submission to Congress

“(1) In general—Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the appropriate congressional committees, together with—

“(A) an assessment of the information submitted to the Secretary pursuant to subsection (b)(3);

“(B) such other assessments on the reports as the Assistant Inspector General established under section 554 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) considers appropriate; and

“(C) such other assessments on the reports as the Secretary of Defense considers appropriate.

“(2) Appropriate congressional committees defined—In this subsection, the term “appropriate congressional committees” means—

“(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.

“(e) Publication—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”

(2)

Clerical amendment— The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item:

(c)

Annual reports on sexual assaults—

(1)

In general— Chapter 23 of title 10, United States Code, as amended by section 3, is further amended by inserting after section 486 the following new section:

“487. Annual reports on sexual assaults

“(a) In general—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the armed forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.

“(b) Contents—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:

“(1) The number of sexual assaults committed against members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.

“(2) The number of sexual assaults committed by members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this paragraph may not be combined with the information required by paragraph (1).

“(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the race and ethnicity of the victim and accused, the action taken in the case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, nonjudicial punishments administered by commanding officers pursuant to section 815 of this title (article 15 of the Uniform Code of Military Justice), and administrative separations.

“(4) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual assault involving members of the armed force concerned.

“(5) The number of substantiated sexual assault cases in which the victim is a deployed member of the armed forces and the assailant is a foreign national, and the policies, procedures, and processes implemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases.

“(6) A description of the implementation of the accessibility plan implemented pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 1561 note), including a description of the steps taken during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment.

“(7) The number of applications submitted under section 673 of title 10, United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the armed forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why the application was denied.

“(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of incidents and avoidance of incidents; and

“(B) the prevalence of incidents, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical; and

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.

“(9) An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report.

“(10) An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, an assessment of the role of such factors in contributing to sexual assaults during that year, and recommendations for mechanisms to eliminate or reduce the incidence of such factors or their contributions to sexual assaults.

“(11) An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the armed force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the armed forces, including the numbers of reports identifying offenses that were disposed of by each of the following:

“(A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted.

“(B) Acquittal of all charges at court-martial.

“(C) Non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice).

“(D) Administrative action, including by each type of administrative action imposed.

“(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred.

“(12) Information on each claim of retaliation in connection with a report of sexual assault in the armed force made by or against a member of such armed force as follows:

“(A) A narrative description of each complaint.

“(B) The nature of such complaint, including whether the complainant claims professional or social retaliation.

“(C) The gender of the complainant.

“(D) The gender of the individual claimed to have committed the retaliation.

“(E) The nature of the relationship between the complainant and the individual claimed to have committed the retaliation.

“(F) The nature of the relationship, if any, between the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation.

“(G) The official or office that received the complaint.

“(H) The organization that investigated or is investigating the complaint.

“(I) The current status of the investigation.

“(J) If the investigation is complete, a description of the results of the investigation, including whether the results of the investigation were provided to the complainant.

“(K) If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of this title (the Uniform Code of Military Justice).

“(13) Information and data collected through formal and informal reports of sexual harassment involving members of the armed forces during the year covered by the report, as follows:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report, including the race and ethnicity of the victim and accused.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.

“(14) Information and data collected during the year covered by the report on each reported incident involving the non-consensual distribution by a person subject to chapter 47 of this title (the Uniform Code of Military Justice), of a private sexual image of another person, including the following:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 this title (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.

“(c) Substantiated defined—In this section, the term “substantiated”, when used with respect to the report of an incident or offense, means that the report meets the following criteria:

“(1) The victim made an unrestricted report of such incident or offense.

“(2) The report was investigated by the Federal Government or a State, local, or Tribal law enforcement organization.

“(3) The report was provided to the appropriate military command for consideration of action and was found to have sufficient evidence to support the command’s action against the subject.

“(d) Submission to Congress

“(1) In general—Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the appropriate congressional committees, together with—

“(A) the results of assessments conducted under the evaluation plan required by section 1602(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note);

“(B) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and

“(C) such other assessments on the reports as the Secretary of Defense considers appropriate.

“(2) Appropriate congressional committees defined—In this subsection, the term “appropriate congressional committees” means—

“(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.

“(e) Publication—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

“(f) Additional details for case synopses portion of report—The Secretary of each military department shall include in the case synopses portion of each report, as described in subsection (b)(3), the following additional information:

“(1) If charges are dismissed following an investigation conducted under section 832 of this title (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges.

“(2) If the case synopsis states that a member of the armed forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation.

“(3) The case synopsis shall indicate whether a member of the armed forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault or was admitted to the armed forces under a moral waiver granted with respect to prior sexual misconduct.

“(4) The case synopsis shall indicate the branch of the armed forces of each member accused of committing a sexual assault and the branch of the armed forces of each member who is a victim of a sexual assault.

“(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment.

“(6) The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident.

“(g) Coordination of release date between annual reports regarding sexual assaults and family advocacy report—The Secretary of Defense shall ensure that the reports required under subsection (a) for a given year are delivered to the Committees on Armed Services of the Senate and House of Representatives simultaneously with the Family Advocacy Program report for that year regarding child abuse and domestic violence, as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

“(h) Inclusion of information in regarding sexual assaults committed against a member’s spouse or other family member—The Secretary of Defense shall include, in each report under this section, information regarding a sexual assault committed by a member of the armed forces against the spouse or intimate partner of the member or another dependent of the member in addition to the annual Family Advocacy Program report as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141). The information may be included as an annex to such reports.”

(2)

Conforming repeals—

(A)

Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is repealed.

(B)

Section 538 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1561 note) is repealed.

(3)

Clerical amendment— The table of sections at the beginning of chapter 23 of such title, as amended by this subsection, is further amended by inserting after the item relating to section 486 the following new item:

(d)

Effective dates—

(1)

In general— Except as provided in paragraph (2), the amendments made by subsections (b) and (c) shall take effect on the day after the date of the enactment of this Act.

(2)

Exceptions—

(A)

Separate Space Force reports— The requirement for the Secretary of the Air Force to submit separate reports for the Space Force under sections 486 and 487 of title 10, United States Code (as added by subsections (b) and (c) of this section) shall take effect on October 1, 2023 and shall apply with respect to reports required to be submitted under such sections after such date.

(B)

Certain statistical information— The requirement to include the information described in subparagraphs (A) and (B) of section 486(b)(1) of title 10, United States Code, in the annual reports under such section shall apply with respect to reports required to be submitted after January 1, 2023.

Sec. 573 Amendments to additional Deputy Inspector General of the Department of Defense

Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1)

in the section heading, by striking “Deputy” and inserting “Assistant”;

(2)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking “Secretary of Defense” and inserting “Inspector General of the Department of Defense”; and

(ii)

by striking “Deputy” and inserting “Assistant”;

(B)

in subparagraph (A), by striking “of the Department”; and

(C)

in subparagraph (B), by striking “report directly to and serve” and inserting “be”;

(3)

in paragraph (2)—

(A)

in the matter preceding clause (i) of subparagraph (A)—

(i)

by striking “Conducting and supervising” and inserting “Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of”; and

(ii)

by striking “evaluations” and inserting “inspections,”;

(B)

in clause (ii) of subparagraph (A), by striking “, including the duties of the Inspector General under subsection (b)”; and

(C)

in subparagraph (B), by striking “Secretary or”;

(4)

in paragraph (3)(A) in the matter preceding subparagraph (A), by striking “Deputy” and inserting “Assistant”;

(5)

in paragraph (4)—

(A)

in subparagraph (A), by striking “Deputy” each place it appears and inserting “Assistant”;

(B)

in subparagraph (B)—

(i)

by striking “Deputy” the first place it appears;

(ii)

by striking “and the Inspector General”;

(iii)

by striking “Deputy” the second place it appears and inserting “Assistant”; and

(iv)

by inserting before the period at the end the following: “, for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).”;

(C)

in subparagraph (C)—

(i)

by striking “Deputy”; and

(ii)

by striking “and Inspector General”;

(D)

in subparagraph (D)—

(i)

by striking “Deputy”;

(ii)

by striking “and the Inspector General”;

(iii)

by striking “Secretary or”; and

(iv)

by striking “direct” and inserting “determine”; and

(E)

in subparagraph (E)—

(i)

changed by striking ~~“Deputy” ;~~ “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. 576 Reduction of gender-related inequities in costs of uniforms to members of the armed forces

added

(a)

added Implementation of GAO recommendations— Not later than September 30, 2022, the Secretary of Defense shall implement the four recommendations of the Government Accountability Office in the report titled “Military Service Uniforms DOD Could Better Identify and Address Out-of-Pocket Cost Inequities” (GAO–21–120).

(b)

added Regulations— Not later than September 30, 2022, each Secretary concerned (as that term is defined in section 101 of title 10, United States Code) shall prescribe regulations that ensure the following:

(1)

added The out-of-pocket cost to an officer or enlisted member of an Armed Force for a uniform (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender.

(2)

added If a change to a uniform of an Armed Force affects only officers or enlisted members of one gender, an officer or enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change.

(c)

added One-time allowance— Not later than September 30, 2022, each Secretary concerned may provide a one-time allowance to each female officer and female enlisted member under the jurisdiction of the Secretary concerned. The amount of such an allowance shall be—

(1)

added based on gender disparities in out-of-pocket costs relating to uniforms (including the costs of changes to uniforms that affected only one gender) during the 10 years preceding the date of the enactment of this Act; and

(2)

added proportional to the length of service of the officer or enlisted member in the Armed Forces.

(d)

added Application— The allowances described in subsections (b)(2) and (c) may not apply to an individual who has separated or retired, or been discharged or dismissed, from the Armed Forces.

Sec. 577 Justice for Women Veterans

added

(a)

added Findings— Congress finds the following:

(1)

added In June 1948, Congress enacted the Women’s Armed Services Integration Act of 1948, which formally authorized the appointment and enlistment of women in the regular components of the Armed Forces.

(2)

added With the expansion of the Armed Forces to include women, the possibility arose for the first time that members of the regular components of the Armed Forces could become pregnant.

(3)

added The response to such possibilities and actualities was Executive Order 10240, signed by President Harry S. Truman in 1951, which granted the Armed Forces the authority to involuntarily separate or discharge a woman if she became pregnant, gave birth to a child, or became a parent by adoption or a stepparent.

(4)

added The Armed Forces responded to the Executive order by systematically discharging any woman in the Armed Forces who became pregnant, regardless of whether the pregnancy was planned, unplanned, or the result of sexual abuse.

(5)

added Although the Armed Forces were required to offer women who were involuntarily separated or discharged due to pregnancy the opportunity to request retention in the military, many such women were not offered such opportunity.

(6)

added The Armed Forces did not provide required separation benefits, counseling, or assistance to the members of the Armed Forces who were separated or discharged due to pregnancy.

(7)

added Thousands of members of the Armed Forces were involuntarily separated or discharged from the Armed Forces as a result of pregnancy.

(8)

added There are reports that the practice of the Armed Forces to systematically separate or discharge pregnant members caused some such members to seek an unsafe or inaccessible abortion, which was not legal at the time, or to put their children up for adoption, and that, in some cases, some women died by suicide following their involuntary separation or discharge from the Armed Forces.

(9)

added Such involuntary separation or discharge from the Armed Forces on the basis of pregnancy was challenged in Federal district court by Stephanie Crawford in 1975, whose legal argument stated that this practice violated her constitutional right to due process of law.

(10)

added The Court of Appeals for the Second Circuit ruled in Stephanie Crawford’s favor in 1976 and found that Executive Order 10240 and any regulations relating to the Armed Forces that made separation or discharge mandatory due to pregnancy were unconstitutional.

(11)

added By 1976, all regulations that permitted involuntary separation or discharge of a member of the Armed Forces because of pregnancy or any form of parenthood were rescinded.

(12)

added Today, women comprise 17 percent of the Armed Forces, and many are parents, including 12 percent of whom are single parents.

(13)

added While military parents face many hardships, today’s Armed Forces provides various lengths of paid family leave for mothers and fathers. for both birth and adoption of children.

(b)

added Sense of Congress—

(1)

added Sense of Congress— It is the sense of Congress that women who served in the Armed Forces before February 23, 1976 should not have been involuntarily separated or discharged due to pregnancy or parenthood.

(2)

added Expression of remorse— Congress hereby expresses deep remorse for the women who patriotically served in the Armed Forces, but were forced, by official United States policy, to endure unnecessary and discriminatory actions, including the violation of their constitutional right to due process of law, simply because they became pregnant or became a parent while a member of the Armed Forces.

(c)

added GAO study of women involuntarily separated or discharged due to pregnancy or parenthood—

(1)

added Study required— The Comptroller General of the United States shall conduct a study regarding women involuntarily separated or discharged from the Armed Forces due to pregnancy or parenthood during the period of 1951 through 1976. The study shall identify—

(A)

added the number of such women, disaggregated by—

(i)

added Armed Force;

(ii)

added grade;

(iii)

added race; and

(iv)

added ethnicity;

(B)

added the characters of such discharges or separations;

(C)

added discrepancies in uniformity of such discharges or separations;

(D)

added how such discharges or separations affected access of such women to health care and benefits through the Department of Veterans Affairs; and

(E)

added recommendations for improving access of such women to resources through the Department of Veterans Affairs.

(2)

added Briefing and report—

(A)

added Briefing— Not later than 6 months after the date of enactment of this Act, the Comptroller General shall brief the Committees on Armed Services and the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the study.

(B)

added Report— Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committees on Armed Services and the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the results of the study conducted under paragraph (1).

Sec. 578 Task Force on Historical and Current Barriers to African American Participation and Equal Treatment in the Armed Services

added

(a)

added Establishment— The Secretary of Defense shall establish within the Department of Defense a task force to be known as the “Task Force on Historical and Current Barriers to African American Participation and Equal Treatment in the Armed Services” (hereafter referred to as the “Task Force”).

(b)

added Duties— The Task Force shall advise, consult with, report to, and make recommendations to the Secretary, as appropriate, on the development, refinement, and implementation of policies, programs, planning, and training which will provide redress for historical barriers to African American participation and equal treatment in the Armed Services.

(c)

added Studies and investigations—

(1)

added Investigation of historical record of slavery— As part of its duties, the Task Force shall identify, compile, examine, and synthesize the relevant corpus of evidentiary documentation regarding the military or Armed Service’s involvement in the institution of slavery. The Task Force’s documentation and examination shall include facts related to—

(A)

added the capture and procurement of Africans;

(B)

added the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport;

(C)

added the sale and acquisition of Africans and their descendants as chattel property in interstate and intrastate commerce;

(D)

added the treatment of African slaves and their descendants in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; and

(E)

added the extensive denial of humanity, sexual abuse, and the chatellization of persons.

(2)

added Study of effects of discriminatory policies in the armed services— As part of its duties, the Task Force shall study and analyze the official policies or routine practices of the Armed Services with discriminatory intent or discriminatory effect on the formerly enslaved Africans and their descendants in the Armed Services following the overdue recognition of such persons as United States citizens beginning in 1868.

(3)

added Study of other forms of discrimination— As part of its duties, the Task Force shall study and analyze the other forms of discrimination in the Armed Services against freed African slaves and their descendants who were belatedly accorded their rightful status as United States citizens from 1868 to the present.

(4)

added Study of lingering effects of discrimination— As part of its duties, the Task Force shall study and analyze the lingering negative effects of the institution of slavery and the matters described in the preceding paragraphs on living African Americans and their participation in the Armed Services.

(d)

added Recommendations for remedies—

(1)

added Recommendations— Based on the results of the investigations and studies carried out under subsection (c), the Task Force shall recommend appropriate remedies to the Secretary.

(2)

added Issues addressed— In recommending remedies under this subsection, the Task Force shall address the following:

(A)

added How Federal laws and policies that continue to disproportionately and negatively affect African Americans as a group in the Armed Services, and those that perpetuate the lingering effects, materially and psycho-socially, can be eliminated.

(B)

added How the injuries resulting from the matters described in subsection (c) can be reversed through appropriate policies, programs, and projects.

(C)

added How, in consideration of the Task Force’s findings, to calculate any form of repair for inequities to the descendants of enslaved Africans.

(D)

added The form of that repair which should be awarded, the instrumentalities through which the repair should be provided, and who should be eligible for the repair of such inequities.

(e)

added Annual report—

(1)

added Submission— Not later than 90 days after the end of each year, the Task Force shall submit a report to the Secretary on its activities, findings, and recommendations during the preceding year.

(2)

added Publication— Not later than 180 days after the date on which the Secretary receives an annual report for a year under paragraph (1), the Secretary shall publish a public version of the report, and shall include such related matters as the Secretary finds would be informative to the public during that year.

(f)

added Composition; governance—

(1)

added Composition— The Task Force shall be composed of such number of members as the Secretary may appoint from among individuals whom the Secretary finds are qualified to serve by virtue of their military service, education, training, activism or experience, particularly in the field of history, sociology, and African American studies.

(2)

added Publication of list of members— The Secretary shall post and regularly update on a public website of the Department of Defense the list of the members of the Task Force.

(3)

added Meetings— The Task Force shall meet not less frequently than quarterly, and may convene additional meetings during a year as necessary. At least one of the meetings during each year shall be open to the public.

(4)

added Governance— The Secretary shall establish rules for the structure and governance of the Task Force.

(5)

added Deadline— The Secretary shall complete the appointment of the members of the Task Force not later than 180 days after the date of the enactment of this Act.

Sec. 579 Best practices for the retention of certain female members of the Armed Forces

added

added The Secretaries of the military departments shall share and implement best practices (including use of civilian industry best practices) regarding the use of retention and exit survey data to identify barriers and lessons learned to improve the retention of female members of the Armed Forces under the jurisdiction of such Secretaries.

Sec. 579A GAO report on low number of Hispanic leaders in the Armed Forces

added

added Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the result of a study regarding—

(1)

added the reasons for the low number of Hispanic officers and members of the Armed Forces in leadership positions; and

(2)

added recommendations to increase such numbers.

Sec. 579B GAO report on low number of Hispanic cadets and midshipmen in the military service academies

added

added Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the result of a study regarding—

(1)

added the reasons for the low number of Hispanic cadets and midshipmen at the military service academies; and

(2)

added recommendations to increase such numbers.

Sec. 579C Consideration of sexual orientation by Inspector General when conducting review of racial disparity in the Department of Defense

added

added The Inspector General of the Department of Defense shall take sexual orientation into account when conducting any review of racial disparity in such Department after the date of the enactment of this Act.

Sec. 585 Rescission of Medals of Honor awarded for acts at Wounded Knee Creek on December 29, 1890

added

(a)

added In general— Each Medal of Honor awarded for acts at Wounded Knee Creek, Lakota Pine Ridge Indian Reservation, South Dakota, on December 29, 1890, is rescinded.

(b)

added Medal of Honor Roll— The Secretary concerned shall remove the name of each individual awarded a Medal of Honor for acts described in subsection (a) from the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll maintained under section 1134a of title 10, United States Code.

(c)

added Return of medal not required— No person may be required to return to the Federal Government a Medal of Honor rescinded under subsection (a).

(d)

added No denial of benefits— This Act shall not be construed to deny any individual any benefit from the Federal Government.

Sec. 586 Inclusion of Purple Heart awards on military valor website

added

added The Secretary of Defense shall ensure that the publicly accessible internet website of the Department of Defense that lists individuals who have been awarded certain military awards includes a list of each individual who meets the following criteria:

(1)

added After the date of the enactment of this Act, the individual is awarded the Purple Heart.

(2)

added The individual elects to be included on such list (or, if the individual is deceased, the primary next of kin elects the individual to be included on such list).

Sec. 593 Plant-based protein pilot program of the Navy

(a)

Establishment— Not later than March 1, 2022, the Secretary of the Navy shall establish a pilot program to offer plant-based protein options at forward operating bases for consumption by members of the Navy.

(b)

Locations— Not later than March 1, 2022, the Secretary shall identify not fewer than two naval facilities to participate in the pilot program and shall prioritize facilities (such as Joint Region Marianas, Guam, Navy Support Facility, Diego Garcia, and U.S. Fleet Activities Sasebo, Japan) where livestock-based protein options may be costly to obtain or store.

(c)

Rule of construction— Nothing in this Act shall be construed to prevent offering livestock-based protein options alongside plant-based protein options at naval facilities identified under subsection (b).

(d)

Termination— The requirement to carry out the pilot program established under this section shall terminate three years after the date on which the Secretary establishes the pilot program required under this section.

(e)

Report— Not later than one year after the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes the following:

(1)

The consumption rate of plant-based protein options by members of the Navy under the pilot program.

(2)

Effective criteria to increase plant-based protein options at naval facilities not identified under subsection (b).

(3)

An analysis of the costs of obtaining and storing plant-based protein options compared to the costs of obtaining and storing livestock-based protein options at selected naval facilities.

(f)

Definitions— In this section:

(1)

Appropriate congressional committees— The term “appropriate congressional committees” means—

(A)

the Committee on Armed Services of the House of Representatives; and

(B)

the Committee on Armed Forces of the Senate.

(2)

changed Plant-based protein options— The term “plant-based protein options” means edible products made ~~to approximate the taste~~ from plants (such as vegetables, beans, and ~~texture of livestock-based protein, or vegan~~ legumes), fungi, or ~~vegetarian meat alternative products made using plant and~~ other ~~non-livestock-based proteins that are consistent with the nutritional properties~~ non-animal sources of ~~meat products.~~protein.

Sec. 596 Report regarding best practices for community engagement

added

(a)

added Report required— Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense and the Secretaries of the military departments shall jointly submit to Congress a report on best practices for coordinating relations with State and local governmental entities in the State of Hawaii.

(b)

added Best practices— The best practices referred to in subsection (a) shall address each of the following issues:

(1)

added 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)

added Identify all the major community engagement efforts by the services, commands, installations and other military organizations in the State of Hawaii.

(3)

added 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)

added Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii based on the department’s evaluation.

(5)

added Resources to support the coordination described in this subsection, including the creation of joint liaison offices that are easily accessible to public officials to facilitate coordinating relations with State and local governmental agencies.

Sec. 597 Improved Department of Defense prevention of and response to bullying in the Armed Forces

added

added 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)

added in the section heading, by inserting “and bullying” after “hazing”;

(2)

added in subsection (a)—

(A)

added in the heading, by inserting “and anti-bullying” after “Anti-hazing”;

(B)

added by inserting “(including formal, informal, and anonymous reports)” after “collection of reports”; and

(C)

added by inserting “or bullying” after “hazing” both places it appears;

(3)

added in subsection (b), by inserting “and bullying” after “hazing”; and

(4)

added in subsection (c)—

(A)

added in the heading, by inserting “and bullying” after “hazing”;

(B)

added in paragraph (1)—

(i)

added in the matter preceding subparagraph (A)—

(I)

added by striking “January 31, 2021 ” and inserting “January 31, 2027”; and

(II)

added 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)

added in subparagraph (A), by inserting “or bullying” after “hazing”;

(iii)

added in subparagraph (B), by inserting “formally, informally, and” before “anonymously”; and

(iv)

added in subparagraph (C), by inserting “and anti-bullying” after “anti-hazing”; and

(C)

added in amending paragraph (2) to read as follows:

added “(2) Additional elements—Each report required by this subsection shall include the following:

added “(A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces, including formal, informal, and anonymous reports.

added “(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.

added “(C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary.

added “(D) An assessment by the Office of the Secretary of Defense of—

added “(i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying;

added “(ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year.

added “(E) Recommendations of the Secretary to improve—

added “(i) elements described in subparagraphs (A) through (D).

added “(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.

added “(F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces.

added “(G) Data on allegations of hazing and bullying in the Armed Forces, including—

added “(i) number of formal, informal, and anonymous reports; and

added “(ii) final disposition of investigations.

added “(H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.”

Sec. 598 Addition of element to report regarding the designation of Explosive Ordnance Disposal Corps as a basic branch of the Army

added

added Section 582(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 3063 note) is amended by adding at the end the following new subparagraph:

added “(H) The Secretary of the Army has designated an Assistant Secretary of the Army as the key individual responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on the explosive ordnance disposal activities of the Army.”

Sec. 599 Military justice career track for judge advocates

added

(a)

added Establishment— Each Secretary of a military department shall establish a military justice career track for judge advocates under the jurisdiction of the Secretary.

(b)

added Requirements— In establishing a military justice career track under subsection (a) the Secretary concerned shall—

(1)

added ensure that the career track leads to judge advocates with military justice expertise in the grade of colonel, or in the grade of captain in the case of judge advocates of the Navy, to prosecute and defend complex cases in military courts-martial;

(2)

added include the use of skill identifiers to identify judge advocates for participation in the career track from among judge advocates having appropriate skill and experience in military justice matters;

(3)

added issue guidance for promotion boards considering the selection for promotion of officers participating in the career track in order to ensure that judge advocates who are participating in the career track have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards.

(c)

added Secretary concerned defined— In this section, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

Sec. 599A Annual report regarding cost of living for members and employees of the Department of Defense

added

added Section 136 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(e) The Under Secretary of Defense for Personnel and Readiness shall submit annually to the Committees on Armed Services of the Senate and House of Representatives a report containing an analysis of the costs of living, nationwide, for—

added “(1) members of the Armed Forces on active duty; and

added “(2) employees of the Department of Defense.”

Sec. 599B Comptroller General assessment of quality and nutrition of food available at military installations for members of the Armed Forces

added

(a)

added Assessment— The Comptroller General of the United States shall conduct an assessment of the quality and nutrition of food available at military installations for members of the Armed Forces.

(b)

added Elements— The assessment required by subsection (a) shall include the following:

(1)

added A description of the extent to which data is being collected on the nutritional food options available at military installations for members of the Armed Forces, including the fat, sodium, and fiber content of hot line foods.

(2)

added An assessment of the extent to which the Department of Defense has evaluated whether the nutritional food options described in paragraph (1) meet or exceed the daily nutrition standards for adults set forth by the Department of Agriculture.

(3)

added A description of how the Secretary integrates and coordinates nutrition recommendations, policies, and pertinent information through the Interagency Committee on Human Nutrition Research.

(4)

added An assessment of the extent to which the Department of Defense has evaluated how such recommendations, policies, and information affect health outcomes of members of the Armed Forces or retention rates for those members who do not meet physical standards set forth by the Department.

(5)

added A description of how the Secretary gathers input on the quality of food service options provided to members of the Armed Forces.

(6)

added An assessment of how the Department of Defense tracks the attitudes and perceptions of members of the Armed Forces on the quality of food service operations at military installations in terms of availability during irregular hours, accessibility, portion, price, and quality.

(7)

added An assessment of access by members of the Armed Forces to high-quality food options on military installations, such as availability of food outside typical meal times or options for members not located in close proximity to dining facilities at a military installation.

(8)

added Such recommendations as the Comptroller General may have to address any findings related to the quality and availability of food options provided to members of the Armed Forces by the Department of Defense.

(c)

added Briefing and report—

(1)

added Briefing— Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment conducted under subsection (a).

(2)

added Report— Not later than one year after the briefing under paragraph (1), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment conducted under subsection (a).

Sec. 599C Study and report on herbicide agent exposure in Panama Canal Zone

added

(a)

added Study— The Secretary of Defense shall conduct a study on the exposure of members of the Armed Forces to herbicide agents, including Agent Orange and Agent Purple, in the Panama Canal Zone during the period beginning on January 1, 1958, and ending on December 31, 1999.

(b)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).

Sec. 599D Report on Requests for Equitable Adjustment in Department of the Navy

added

(a)

added Report required— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report detailing the processing of Requests for Equitable Adjustment by the Department of the Navy, including progress in complying with the covered directive.

(b)

added Contents— The report required under subsection (a) shall include, at a minimum, the following:

(1)

added The number of Requests for Equitable Adjustment submitted since October 1, 2011.

(2)

added The organizations within the Department of the Navy to which such Requests were submitted.

(3)

added The number of Requests for Equitable Adjustment outstanding as of the date of the enactment of this Act.

(4)

added The number of Requests for Equitable Adjustment agreed to but not paid as of the date of the enactment of this Act, including a description of why each such Request has not been paid.

(5)

added A detailed explanation of the efforts by the Department of the Navy to ensure compliance with the covered directive.

(c)

added Covered directive defined— In this section, the term “covered directive” means the directive of the Assistant Secretary of the Navy for Research, Development, and Acquisition, dated March 20, 2020, directing payment of all settled Requests for Equitable Adjustment and the expeditious resolution of all remaining Requests for Equitable Adjustment.

Sec. 599E GAO study on tattoo policies of the Armed Forces

added

(a)

added Study— The Comptroller General of the United States shall evaluate the tattoo policies of each Armed Force, including—

(1)

added the effects of such policies on recruitment, retention, reenlistment of members of the Armed Forces; and

(2)

added processes for waivers to such policies to recruit, retain, or reenlist members who have unauthorized tattoos.

(b)

added Report— Not later than March 31, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of the evaluations under subsection (a).

Sec. 624 Space-available travel for children, surviving spouses, parents, and siblings of members of the Armed Forces who die while serving in the active military, naval, or air service

(a)

added Expansion of eligibility— Section 2641b(c) of title 10, United States Code, is amended—

(1)

added by redesignating paragraph (6) as paragraph (7); and

(2)

added by inserting after paragraph (5) the following new paragraph (6):

added “(6) Children, surviving spouses, parents, and siblings of members of the armed forces who die while serving in the active military, naval, or air service (as that term is defined in section 101 of title 38).”

removed ~~Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—~~

(b)

changed Related instruction— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Instruction 4515.13 to ensure that individuals eligible for space-available travel on aircraft of the Department under paragraph (6) of such section, as amended by ~~inserting “(1)” before “The Secretary”; and~~subsection (a), are placed in a category of travellers not lower than category V.

(2)

removed ~~by adding at the end the following new paragraph:~~

removed ~~“(2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.”~~

Sec. 625 Travel and transportation allowances for family members to attend the funeral and memorial services of members

changed ~~Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the regulations prescribed pursuant to subsections (i) and (j) of section 701~~ Section 452(b) of title ~~10,~~ 37, United States Code, ~~to ensure that paid parental leave that has already been approved for a member of the Armed Forces who~~ is ~~a primary or secondary caregiver (as defined under such regulations) may not be terminated upon~~ amended by adding at the ~~death of~~ end the ~~child for whom such leave is taken.~~following new paragraph:

added “(18) Presence of family members at the funeral and memorial services of members.”

Sec. 626 Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care

added Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(a)

removed ~~Casualty Assistance Reform Working Group—~~

(1)

removed ~~Establishment—~~ Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the “Casualty Assistance Reform Working Group” (in this section referred to as the “Working Group”).

(2)

removed ~~Duties—~~ ~~The Working Group shall perform the following duties:~~

(A)

removed ~~Create standards and training for CAOs across the military departments.~~

(B)

removed ~~Explore the possibility of establishing a unique badge designation for—~~

(i)

removed ~~CAOs who have performed CAO duty more than five times; or~~

(ii)

removed ~~professional CAOs.~~

(C)

removed ~~Commission a 30-day study that—~~

(i)

removed ~~documents the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements; and~~

(ii)

removed ~~performs a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors.~~

(D)

removed Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency.

(E)

removed ~~Explore the establishment of—~~

(i)

removed ~~an annual meeting, led by the Secretary of Defense, with gold star families; and~~

(ii)

removed ~~a surviving and gold star family leadership council.~~

(F)

removed ~~Recommend improvements to the family notification process of Arlington National Cemetery.~~

(G)

removed ~~Explore the redesign of the Days Ahead Binder, including creating an electronic version.~~

(H)

removed ~~Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member.~~

(I)

removed ~~Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs.~~

(3)

removed ~~Membership—~~ ~~The membership of the Working Group shall be comprised of the following:~~

(A)

removed ~~The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group.~~

(B)

removed ~~One individual from each Armed Force, appointed by the Secretary of the military department concerned, who is—~~

(i)

removed ~~a civilian employee in the Senior Executive Service; or~~

(ii)

removed ~~an officer in a grade higher than O-6.~~

(C)

removed ~~One individual from the Joint Staff, appointed by the Secretary of Defense, who is—~~

(i)

removed ~~a civilian employee in the Senior Executive Service; or~~

(ii)

removed ~~an officer in a grade higher than O-6.~~

(D)

removed ~~The Director of the Defense Prisoner of War and Missing in Action Accounting Agency.~~

(E)

removed ~~The Director of the Defense Health Agency (or the designee of such Director).~~

(F)

removed ~~The Chief of Chaplains of each Armed Force.~~

(G)

removed ~~Such other members of the Armed Forces or civilian employees of the Department of Defense whom the Secretary of Defense determines to appoint.~~

(4)

removed ~~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)

removed ~~Termination—~~ ~~The Working Group shall terminate upon submission of the report under paragraph (4).~~

(1)

changed ~~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.by inserting “(1)” before “The Secretary”; and

(2)

changed ~~Establishment of certain definitions—~~ Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall prescribe regulations that establish standard definitions, for use across by adding at the ~~military departments, of~~ end the ~~terms “gold star family” and “gold star survivor”.~~following new paragraph:

added “(2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.”

(d)

removed ~~CAO defined—~~ ~~In this section, the term “CAO” means a casualty assistance officer of the Armed Forces.~~

Sec. 627 Continuation of paid parental leave for a member of the Armed Forces upon death of child

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the regulations prescribed pursuant to subsections (i) and (j) of section 701 of title 10, United States Code, to ensure that paid parental leave that has already been approved for a member of the Armed Forces who is a primary or secondary caregiver (as defined under such regulations) may not be terminated upon the death of the child for whom such leave is taken.

Sec. 628 Casualty assistance program: reform; establishment of working group

added

(a)

added Casualty Assistance Reform Working Group—

(1)

added Establishment— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the “Casualty Assistance Reform Working Group” (in this section referred to as the “Working Group”).

(2)

added Duties— The Working Group shall perform the following duties:

(A)

added Create standards and training for CAOs across the military departments.

(B)

added Explore the possibility of establishing a unique badge designation for—

(i)

added CAOs who have performed CAO duty more than five times; or

(ii)

added professional CAOs.

(C)

added Commission a 30-day study that—

(i)

added documents the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements; and

(ii)

added performs a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors.

(D)

added Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency.

(E)

added Explore the establishment of—

(i)

added an annual meeting, led by the Secretary of Defense, with gold star families; and

(ii)

added a surviving and gold star family leadership council.

(F)

added Recommend improvements to the family notification process of Arlington National Cemetery.

(G)

added Explore the redesign of the Days Ahead Binder, including creating an electronic version.

(H)

added Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member.

(I)

added Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs.

(3)

added Membership— The membership of the Working Group shall be comprised of the following:

(A)

added The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group.

(B)

added One individual from each Armed Force, appointed by the Secretary of the military department concerned, who is—

(i)

added a civilian employee in the Senior Executive Service; or

(ii)

added an officer in a grade higher than O-6.

(C)

added One individual from the Joint Staff, appointed by the Secretary of Defense, who is—

(i)

added a civilian employee in the Senior Executive Service; or

(ii)

added an officer in a grade higher than O-6.

(D)

added The Director of the Defense Prisoner of War and Missing in Action Accounting Agency.

(E)

added The Director of the Defense Health Agency (or the designee of such Director).

(F)

added The Chief of Chaplains of each Armed Force.

(G)

added Such other members of the Armed Forces or civilian employees of the Department of Defense whom the Secretary of Defense determines to appoint.

(4)

added 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)

added Termination— The Working Group shall terminate upon submission of the report under paragraph (4).

(b)

added 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)

added Establishment of certain definitions— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall prescribe regulations that establish standard definitions, for use across the military departments, of the terms “gold star family” and “gold star survivor”.

(d)

added CAO defined— In this section, the term “CAO” means a casualty assistance officer of the Armed Forces.

Sec. 642 Termination of telephone, multichannel video programming, and internet access service contracts by servicemembers who enter into contracts after receiving military orders for permanent change of station but then receive stop movement orders due to an emergency situation

added

(a)

added In general— Section 305A(a)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3956) is amended—

(1)

added by striking “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.” and inserting “after—”; and

(2)

added by adding at the end the following new subparagraphs:

added “(A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or

added “(B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then after entering into the contract receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember from using the services provided under the contract.”

(b)

added Retroactive application— The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020.

Sec. 643 Space available travel for members of the Armed Forces to attend funerals and memorial services

added

added The Secretary of Defense shall modify the space available travel program established pursuant to section 2641b of title 10, United States Code, to include, as authorized category II travel, space available travel for a member of the Armed Forces when the primary purpose of the member’s travel is to attend a funeral or memorial service.

Sec. 644 Alexander Lofgren Veterans in Parks program

added

added Section 805 of the Federal Lands Recreation Enhancement Act (Public Law 108–447; 118 Stat. 3385; 16 U.S.C. 6804) is amended—

(1)

added in subsection (a)(4), by striking “age and disability discounted” and inserting “age discount and lifetime”; and

(2)

added in subsection (b)—

(A)

added in the heading, by striking “Discounted” and inserting “Free and discounted”;

(B)

added in paragraph (2)—

(i)

added in the heading, by striking “Disability discount” and inserting “Lifetime passes”; and

(ii)

added by striking subparagraph (B) and inserting the following:

added “(B) Any veteran who provides adequate proof of military service as determined by the Secretary.

added “(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).”

(C)

added in paragraph (3)—

(i)

added in the heading, by striking “Gold star families parks pass” and inserting “Annual passes”; and

(ii)

added 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.”.

Sec. 706 Availability of certain preconception and prenatal carrier screening tests under the TRICARE program

added

(a)

added Tests available— Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(18) Preconception and prenatal carrier screening tests shall be provided to covered beneficiaries upon the request of the beneficiary, with a limit per beneficiary of one test per condition per lifetime, for the following conditions:

added “(A) Cystic Fibrosis.

added “(B) Spinal Muscular Atrophy.

added “(C) Fragile X Syndrome.

added “(D) Tay-Sachs Disease.

added “(E) Hemoglobinopathies.

added “(F) Conditions linked with Ashkenazi Jewish descent.”

(b)

added Report—

(1)

added In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a report identifying the number of beneficiaries under the TRICARE program who have received a screening test under section 1079(a)(18) of title 10, United States Code, as added by subsection (a), disaggregated by type of beneficiary and whether the test was provided under the direct care or purchased care component of the TRICARE program.

(2)

added TRICARE program defined— In this subsection, the term “TRICARE program” has the meaning given such term in section 1072 of title 10, United States Code.

Sec. 724 Digital health strategy of Department of Defense

(a)

Digital health strategy—

(1)

changed Strategy— Not later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, distributed ledger technologies, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system.

(2)

Elements— The strategy under paragraph (1) shall address, with respect to future use within the military health system, the following:

(A)

Emerging technology to improve the delivery of clinical care and health services.

(B)

Design thinking to improve the delivery of clinical care and health services.

(C)

Advanced clinical decision support systems.

(D)

Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery.

(E)

Wearable devices.

(F)

Three-dimensional printing and related technologies.

(G)

Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services.

(b)

Report— Not later than July 1, 2022, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report setting forth—

(1)

the strategy under subsection (a); and

(2)

a plan to implement such strategy, including the estimated timeline and cost for such implementation.

Sec. 727 Exemption from required physical examination and mental health assessment for certain members of the reserve components

added

added Section 1145(a)(5) of title 10, United States Code is amended—

(1)

added in subparagraph (A), by striking “The Secretary” and inserting “Except as provided in subparagraph (D), the Secretary”; and

(2)

added by adding at the end the following new subparagraph:

added “(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. 737 Prohibition on availability of funds for research connected to China

(a)

Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended—

(1)

to conduct research in China, including biomedical, infectious disease, gene editing, genetics, virus, or military medical research, whether directly or through a third-party entity; or

(2)

changed to provide funds for research, including biomedical, infectious disease, gene editing, genetics, virus, or military medical research, to any entity determined by the Secretary of Defense to be owned or controlled, directly or indirectly, by ~~China;~~China.

(b)

Waiver— The Secretary of Defense may waive a prohibition under subsection (a) if the Secretary—

(1)

determines that the waiver is in the national security interests of United States; and

(2)

not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—

(A)

an identification of the Department of Defense entity obligating or expending the funds;

(B)

an identification of the amount of such funds;

(C)

an identification of the intended purpose of such funds;

(D)

an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);

(E)

an explanation for how the waiver is in the national security interests of the United States; and

(F)

any other information the Secretary determines appropriate.

Sec. 747 Sense of Congress on National Warrior Call Day

(a)

Findings— Congress finds the following:

(1)

Establishing an annual “National Warrior Call Day” will draw attention to those members of the Armed Forces whose connection to one another is key to our veterans and first responders who may be dangerously disconnected from family, friends, and support systems.

(2)

The number of suicides of members of the Armed Forces serving on active duty increased to 377 in 2020, a figure up from 348 the previous year.

(3)

The epidemic of veteran suicide has steadily increased since 2014 with 6,435 veterans taking their own lives in 2018.

(4)

After adjusting for sex and age, the rate of veteran suicide in 2018 was 27.5 per 100,000 individuals, higher than the rate among all United States adults at 18.3.

(5)

More veterans have died by suicide in the last 10 years than members of the Armed Forces who died from combat in Vietnam.

(6)

Roughly two-thirds of these veterans who take their own lives have had no contact with the Department of Veterans Affairs.

(7)

changed The ~~COVID-19~~ COVID–19 pandemic has only increased isolation and disconnection, further exacerbating mental and physical ailments such as post-traumatic stress disorder and traumatic brain injury.

(8)

The Centers for Disease Control and Prevention note that law enforcement officers and firefighters are more likely to die by suicide than in the line of duty, and emergency medical services providers are 1.39 times more likely to die by suicide than members of the general public.

(9)

Invisible wounds linked to an underlying and undiagnosed traumatic brain injury can mirror many mental health conditions, a problem that can be addressed through connections to members of the Armed Forces and veterans who can better identify and address these wounds.

(10)

Urgent research is needed to highlight the connection between traumatic brain injury as a root cause of invisible wounds and suicide by members of the Armed Forces and veterans.

(b)

Sense of Congress— It is the sense of Congress that Congress—

(1)

supports the designation of a “National Warrior Call Day”;

(2)

encourages all Americans, especially members of the Armed Forces serving on active duty and veterans, to call up a warrior, have an honest conversation, and connect them with support, understanding that making a warrior call could save a life; and

(3)

implores all Americans to recommit themselves to engaging with members of the Armed Forces through “National Warrior Call Day” and constructive efforts that result in solutions and treatment for the invisible scars they carry.

Sec. 748 Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances

added

added The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of perfluoroalkyl or polyfluoroalkyl substances.

Sec. 749 Pilot program on sleep apnea among new recruits

added

(a)

added Pilot program— The Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot program to determine the prevalence of sleep apnea among members of the Armed Forces assigned to initial training.

(b)

added Participation—

(1)

added Members— The Secretary shall ensure that the number of members who participate in the pilot program under subsection (a) is sufficient to collect statistically significant data for each military department.

(2)

added Special rule— The Secretary may not disqualify a member from service in the Armed Forces by reason of the member being diagnosed with sleep apnea pursuant to the pilot program under subsection (a).

Sec. 750 Survey on effects of COVID–19 mandate on matters relating to recruitment and reinlistment

added

(a)

added Survey— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an anonymous survey to determine the effects that the COVID–19 vaccine mandate issued by the Secretary on August 24, 2021, has had on recruitment to and reenlistment in the Armed Forces.

(b)

added Matters— The survey under subsection (a) shall include an assessment of the following:

(1)

added Whether the announcement of the COVID–19 vaccine mandate encouraged the reenlistment, discouraged the reenlistment, or had any effect on the reenlistment, of members of the Armed Forces.

(2)

added Whether the announcement of the COVID–19 vaccine mandate encouraged individuals to join the Armed Forces, discouraged individuals to join the Armed Forces, or had any other effect on recruitment efforts for the Armed Forces.

(c)

added Publication and submission to Congress—

(1)

added In general— Not later than 240 days after the date of the enactment of this Act, the Secretary shall submit to Congress the results of the survey under subsection (a) and publish such results on an internet website of the Department of Defense.

(2)

added Privacy considerations— In submitting and publishing the results of the survey under paragraph (1), the Secretary shall ensure that such results do not include any personally identifiable information of Armed Forces recruits, members of the Armed Forces, or any other individual surveyed under this section.

Sec. 751 Funding for pancreatic cancer research

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for R&D Research is hereby increased by $5,000,000 for the purposes of pancreatic cancer research, of which $5,000,000 is for the purposes of a pancreatic cancer early detection initiative (EDI).

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Defense Health Program, as specified in the corresponding funding table in section 4501, for Base Operations/Communications is hereby reduced by $5,000,000.

Sec. 752 Report on discrepancies between TRICARE program and CHAMPVA program in certain coverage standards

added

(a)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that details any discrepancies between the TRICARE program and the CHAMPVA program of the Department of Veterans Affairs, with respect to coverage standards under such programs for nursing home care and in-home care.

(b)

added Matters— The report under subsection (a) shall include, with respect to any standard described in such subsection under the TRICARE program that the Secretary determines is lower than the corresponding standard under the CHAMPVA program of the Department of Veterans Affairs, a description of—

(1)

added the anticipated cost of aligning such lower standard to conform with the higher standard; and

(2)

added any obstacles (including statutory, regulatory, or other obstacles) to such alignment.

Sec. 753 Funding for rapid screening under Development of Medical Countermeasures Against Novel Entities program

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Advanced Component Development & Prototypes, Research, Development, Test, and Evaluation, Defense-Wide, as specified in the corresponding funding table in section 4201, for the Chemical and Biological Defense Program- DEM/VAL, Line 82, is hereby increased by $4,500,000 for the Development of Medical Countermeasures Against Novel Entities program of the Defense Threat Reduction Agency, to allow for the rapid screening of all compounds approved by the Food and Drug Administration, and other human-safe compound libraries, to identify optimal drug candidates for repurposing as medical countermeasures for COVID–19 and other novel and emerging biological threats.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Operations and Maintenance, Defense-Wide, as specified in the corresponding funding table in 4301, for Defense Media Activity, Line 370, is hereby reduced by $4,500,000.

Sec. 754 Increased collaboration with NIH to combat triple negative breast cancer

added

(a)

added In general— The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—

(1)

added identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and

(2)

added provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—

(A)

added triple negative breast cancer patients to be identified earlier in the progression of their disease; and

(B)

added the development of multiple targeted therapies for the disease.

(b)

added Funding— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, is hereby increased by $10,000,000 to carry out subsection (a).

(c)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, for Private Sector Care is hereby reduced by $10,000,000.

Sec. 755 Funding for post-traumatic stress disorder

added

(a)

added Funding— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding table in such division, is hereby increased by $2,500,000 for post-traumatic stress disorder.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, for Private Sector Care is hereby reduced by $2,500,000.

Sec. 756 Report on rate of maternal mortality among members of the Armed Forces

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.

Sec. 757 Sense of Congress on designation of Military Heart Health Awareness Day

added

added It is the sense of Congress that there should be designated a “Military Heart Health Awareness Day”.

Sec. 758 Pilot program to improve military readiness through nutrition and wellness initiatives

added

(a)

added Pilot program— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out a pilot program to improve military readiness through nutrition and wellness initiatives.

(b)

added Unit selection— The Secretary of Defense shall select for participation in the pilot program under subsection (a) a unit at a basic training facility or an early instructional facility of a military department.

(c)

added Elements— The pilot program under subsection (a) shall include the following activities:

(1)

added The development, and administration to the unit selected pursuant to subsection (b), of an educational curriculum relating to nutrition, physical fitness, the proper use of supplements, and any other human performance elements determined relevant by the Secretary of the military department with jurisdiction over the unit.

(2)

added The provision to the unit of health-related testing.

(3)

added The provision to the unit of dietary supplements.

(d)

added Implementing partner—

(1)

added Selection— The Secretary of Defense shall select as an implementing partner a single contractor to both carry out all of the activities under subsection (c) and manufacture the dietary supplements to be provided pursuant to subsection (c)(3) at a manufacturing facility owned by the contractor. In making such selection, the Secretary shall ensure that the contractor enforces an appropriate level of third-party review with respect to the quality and safety of products manufactured, as determined by the Secretary.

(2)

added Considerations— In selecting the contractor under paragraph (1), the Secretary shall consider the following:

(A)

added Whether the contractor has the ability to carry out each activity under subsection (c), in addition to the ability to manufacture the dietary supplements to be provided pursuant to subsection (c)(3).

(B)

added Whether the manufacturing facility of the contractor is a fully independent, third-party certified, manufacturing facility that holds the highest “Good Manufacturing Practice” certification or rating possible, as issued by a regulatory agency of the Federal government.

(C)

added Whether the manufacturing facility of the contractor, and all finished products manufactured therein, have been verified by a third-party as free from banned substances and contaminants.

(D)

added Whether the contractor is in compliance with the adverse event reporting policy and third-party adverse event monitoring policy of the Food and Drug Administration.

(E)

added Whether the contractor implements a stability testing program that supports product expiration dating.

(F)

added Whether the contractor has a credible and robust environment, social, and governance policy that articulates responsibilities and annual goals.

(G)

added Whether the contractor has demonstrated at least five years of operation as a business in good standing in the industry.

(H)

added Whether the contractor has a demonstrated history of maintaining relationships with nationally-recognized medical and health organizations.

(e)

added Coordination— In carrying out the pilot program under subsection (a), the contractor selected under subsection (d) shall coordinate with the following:

(1)

added Command, training, and medical officers and noncommissioned officers.

(2)

added Outside experts (including experts with relevant experience from research and testing organizations, credible medical committees, or hospitals) that may lend personalized support, capture data, and facilitate third-party adverse event reporting.

(f)

added Duration— The pilot program under subsection (a) shall be for a period of six months.

(g)

added Report— Upon the termination of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program, including any findings or data from the pilot program, and a recommendation by the Secretary of Defense for improvements to the readiness of the Armed Forces based on such findings and data.

Sec. 759 Mandatory training on treatment of eating disorders

added

added The Secretary of Defense shall furnish to each medical professional who provides direct care services under the military health system a mandatory training, consistent with generally accepted standards of care, on how to screen, intervene, and refer patients to treatment, for the severe mental illness of eating disorders.

Sec. 760 Priority for domestically sourced bovine heparin

added

added The Secretary of Defense shall provide priority for domestically sourced, fully traceable, bovine heparin approved by the Food and Drug Administration when available.

Sec. 761 Access to menstrual hygiene products and accommodations

added

added Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the availability of menstrual hygiene products on military bases, and accommodations related to menstrual hygiene available to members of the Armed Forces.

Sec. 762 Report on preconception and prenatal carrier screening tests under TRICARE

added

(a)

added In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on potential TRICARE coverage of preconception and prenatal carrier screening tests for certain medical conditions.

(b)

added Report contents— The report required under subsection (a) shall include, with respect to such tests—

(1)

added a cost-benefit analysis of TRICARE coverage expansion;

(2)

added an assessment of the coverage of such tests by public and private sector health plans; and

(3)

added an assessment of the benefits to health outcomes for military families and the impact, if any, on military readiness of members of the Armed Forces.

(c)

added Definition of TRICARE— In this section, the term “TRICARE” has the meaning given that term in section 1072 of title 10, United States Code.

Sec. 813 Office of Corrosion Policy and Oversight employee training requirements

Section 2228 of title 10, United States Code, is amended—

(1)

in subsection (b), by adding at the end the following new paragraph:

“(6) To the greatest extent practicable, the Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program that meets industry-wide recognized corrosion control standards.”

(2)

in subsection (c)—

(A)

in paragraph (2), by striking “; and” and inserting a semicolon;

(B)

changed in paragraph (3), by striking the period at the end and inserting “; ~~and” ;~~ and”; and

(C)

by adding at the end the following new paragraph:

“(4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense be under a qualified training program such that, to the greatest extent practicable, the military personnel or civilian employees participating in such qualified training program are trained and certified by the qualified training program as meeting industry-wide recognized corrosion control standards.”

(3)

in subparagraph (f), by adding at the end the following new paragraph:

“(6) The term qualified training program means a training program in corrosion control, mitigation, and prevention that is either—

“(A) offered or accredited by an organization that sets industry corrosion standards; or

“(B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.).”

Sec. 817 Competition requirements for purchases from Federal Prison Industries

(a)

changed Competition requirements for purchases from Federal Prison Industries— Section 3905 of title 10, United States Code, as transferred and redesignated by section 1838(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by striking subsections (a) and (b) and inserting the following new ~~sections:~~subsections:

“(a) Market research—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—

“(1) is comparable to products available from the private sector; and

“(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.

“(b) Competition requirement—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery, the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”

(b)

Effective date— The amendment made by subsection (a) shall take effect on February 1, 2022.

Sec. 821 Modification of enhanced transfer of technology developed at Department of Defense laboratories

added

added Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 2514 note) is amended—

(1)

added by redesignating subsection (e) as subsection (f);

(2)

added by striking subsection (d) and inserting the following new subsections:

added “(d) Data collection—The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of—

added “(1) developing and sharing best practices; and

added “(2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues.

added “(e) Report—The Secretary of Defense shall submit a report to the congressional defense committees not later than December 31, 2025.”

(3)

added in subsection (f) (as so redesignated), by striking “December 31, 2021” and inserting “December 31, 2026”.

Sec. 822 Extension and revisions to never contract with the enemy program

added

(a)

added In general— Section 841 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended—

(1)

added in the heading, by striking “Prohibition on providing funds to the enemy” and inserting “Threat mitigation in commercial support to operations”;

(2)

added in subsection (a)—

(A)

added in the heading, by striking “Identification of persons and entities” and inserting “Program”;

(B)

added in the matter preceding paragraph (1), by striking “establish in each covered combatant command a program to identify persons and entities within the area of responsibility of such command that—” and inserting the following: “establish a program to mitigate threats posed by vendors supporting operations. The program shall use available intelligence, security, and law enforcement information to identify persons and entities that—”;

(C)

added in paragraph (1), by striking “; or” and inserting a semicolon;

(D)

added in paragraph (2), by striking the period at the end and inserting a semicolon; and

(E)

added by adding at the end the following new paragraphs:

added “(3) directly or indirectly support a covered person or entity or otherwise pose a force protection risk to personnel of the United States or coalition forces; or

added “(4) pose an unacceptable national security risk.”

(3)

added by striking subsection (g);

(4)

added by redesignating subsections (h) and (i) as subsections (g) and (h), respectively;

(5)

added in subsection (g)(1), as so redesignated, by striking “may be providing” and all that follows through “or entity” and inserting “have been identified under the program established under subsection (a)”;

(6)

added by amending subsection (h), as so redesignated, to read as follows:

added “(h) Waiver—The Secretary of Defense or the Secretary of State, with the concurrence of the other Secretary, in consultation with the Director of National Intelligence, may waive any requirement of this section upon determining that to do so is in the national interest of the United States.”

(7)

added by striking subsection (j);

(8)

added by redesignating subsections (k) and (l) as subsections (i) and (j), respectively;

(9)

added in subsection (j), as so redesignated, by striking “Except as provided in subsection (m), the” and inserting “The”;

(10)

added by striking subsection (m); and

(11)

added by striking subsection (n).

(b)

added Authorities to terminate, void, and restrict— Section 841(c) of such Act is further amended—

(1)

added in paragraph (1)—

(A)

added by inserting “to a person or entity” after “concerned”; and

(B)

added by striking “the contract” and all that follows and inserting “the person or entity has been identified under the program established under subsection (a).”;

(2)

added in paragraph (2), by striking “has failed” and all that follows and inserting “has been identified under the program established under subsection (a).”; and

(3)

added in paragraph (3), by striking “the contract” and all that follows and inserting “the contractor, or the recipient of the grant or cooperative agreement, has been identified under the program established under subsection (a).”.

(c)

added Contract clause— Section 841(d)(2)(B) of such Act is amended by inserting after “subsection (c)” the following: “and restrict future award to any contractor, or recipient of a grant or cooperative agreement, that has been identified under the program established under subsection (a)”.

(d)

added Disclosure of information exception— Section 841(e) of such Act is amended by adding at the end the following new paragraph:

added “(3) To provide that full disclosure of information to the contractor or recipient of a grant or cooperative agreement justifying an action taken under subsection (c) need not be provided when such disclosure would compromise national security or would pose an unacceptable threat to the personnel of the United States or coalition forces.”

(e)

added Participation of secretary of state— Section 841 of such Act (10 U.S.C. 2302 note) is further amended—

(1)

added in subsection (a) in the matter preceding paragraph (1), by striking “in consultation with”; and

(2)

added in subsection (f)(1), by striking “in consultation with”.

(f)

added Additional access to records— Section 842 of such Act (10 U.S.C. 2302 note) is amended—

(1)

added in subsection (a), by striking paragraph (4);

(2)

added by striking subsection (b);

(3)

added by striking subsection (c);

(4)

added by redesignating paragraphs (1) through (3) of subsection (a) as subsections (a) through (c), respectively;

(5)

added by striking “(a) Contracts, Grants, and Cooperative Agreements.—”;

(6)

added in subsection (a), as so redesignated, by striking “, except as provided under subsection (c)(1), the clause described in paragraph (2)” and inserting “the clause described in subsection (b)”;

(7)

added in subsection (b), as so redesignated—

(A)

added by striking “paragraph (3)” and inserting “subsection (c)”; and

(B)

added by striking “ensure that funds” and all that follows and inserting “support the program established under section 841(a).”; and

(8)

added in subsection (c), as so redesignated—

(A)

added by striking “paragraph (2)” and inserting “subsection (b)”; and

(B)

added by striking “that funds” and all that follows and inserting “that the examination of such records will support the program established under section 841(a).”.

(g)

added Inclusion of all contracts— Sections 841 and 842 of such Act (10 U.S.C. 2302 note) are further amended by striking “covered contract” each place it appears and inserting “contract”.

(h)

added Inclusion of all combatant commands— Sections 841 and 842 of such Act (10 U.S.C. 2302 note) are further amended by striking “covered combatant command” each place it appears and inserting “combatant command”.

(i)

added Delegation authority of combatant commander— Sections 841 and 842 of such Act (10 U.S.C. 2302 note) are further amended by striking “specified deputies” each place it appears and inserting “designee”.

(j)

added Definition revisions— Section 843 of such Act (10 U.S.C. 2302 note) is amended—

(1)

added by striking paragraphs (2), (3), (4), and (5);

(2)

added by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (2), (3), (4), and (5), respectively; and

(3)

added by amending paragraph (2), as so redesignated, to read as follows:

added “(2) Covered person or entity—The term “covered person or entity” means a person that is—

added “(A) engaging in acts of violence against personnel of the United States or coalition forces;

added “(B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A);

added “(C) engaging in foreign intelligence activities against the United States or against coalition forces;

added “(D) engaging in transnational organized crime or criminal activities; or

added “(E) engaging in other activities that present a direct or indirect risk to the national security of the United States or coalition forces.”

Sec. 823 Contractor lobbying restriction compliance requirement

added

(a)

added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate regulations requiring each offeror that submits a bid or proposal in response to a solicitation issued by the Department of Defense to include in such bid or proposal a representation that all covered individuals receiving compensation from such offeror are in compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1555; 10 U.S.C. 971 note prec.).

(b)

added Covered individuals defined— The term “covered individual” means an individual described in subsection (a)(2) or (b)(2) of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1555; 10 U.S.C. 971 note prec.).

Sec. 833 Plan to reduce reliance on supplies and materials from adversaries in the defense supply chain

(a)

Reliance reduction plan—

(1)

In general— The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a plan to—

(A)

partner with covered private sector entities and partner countries and allies of the United States to reduce the reliance of the United States on covered supplies and materials obtained from sources located in geographic areas controlled by foreign adversaries; and

(B)

mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on covered supplies and materials that cannot be acquired in sufficient quantities to meet the needs of major end items without procuring covered supplies and materials from sources located in geographic areas controlled by foreign adversaries.

(2)

Consideration— The Secretary of Defense shall consider the determinations made under paragraph (3) when developing the plan under paragraph (1).

(3)

Supplies and materials source determinations— Before developing the plan under paragraph (1), the Secretary of Defense, in coordination with Secretary of State, shall determine—

(A)

the covered supplies and materials for which a source is located in a geographic area controlled by a foreign adversary;

(B)

the covered supplies and materials described in subparagraph (A) that may be acquired from sources located domestically or in geographic areas controlled by partner countries or allies of the United States in sufficient quantities to—

(i)

reduce the reliance of the Department on covered supplies and materials described in subparagraph (A); and

(ii)

increase the resiliency of the defense supply chain;

(C)

the difference in cost to acquire covered supplies and materials described in subparagraph (A) from sources located domestically or in geographic areas controlled by partner countries or allies of the United States, if available; and

(D)

the covered supplies and materials described in subparagraph (A) that cannot be acquired in sufficient quantities to meet the needs of major end items without sources located in geographic areas controlled by foreign adversaries.

(b)

Report— Not later than two years after the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report describing—

(1)

the determinations made under subsection (a)(3);

(2)

the plan required under subsection (a)(1).

(c)

Definitions— In this section:

(1)

Appropriate congressional committees— The term appropriate congressional committees means the following:

(A)

The Committee on Armed Services of the House of Representatives.

(B)

The Committee on Armed Services of the Senate.

(C)

The Committee on Foreign Affairs of the House of Representatives.

(D)

The Committee on Foreign Relations of the Senate.

(2)

Covered private sector entity— The term covered private sector entity means a private sector entity able to provide, or facilitate the acquisition of, covered supplies and materials from domestic sources or sources located in geographic areas controlled by partner countries or allies of the United States.

(3)

Covered supplies and materials—

(A)

In general— Except as provided in subparagraph (B), the term covered supplies and materials—

(i)

means—

(I)

critical safety systems and subsystems;

(II)

assemblies and subassemblies integral to a system or subsystem; and

(III)

repair, maintenance, logistics support, and overhaul services for systems, subsystems, assemblies, subassemblies, and parts integral to a systems; and

(ii)

includes systems, subsystems, assemblies, subassemblies, and parts described in clause (i) acquired with respect to commercial items (as defined under section 2.101 of title 48, Code of Federal Regulations) and non-commercial items.

(B)

changed Certain strategic and critical materials excluded— The term covered supplies and materials does not include any strategic and critical materials (as defined under section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. ~~98h-3))~~ 98h–3)) with respect to which the Secretary includes an appropriate reduction plan in a report required under section 14 of such Act (50 U.S.C. ~~98h-5).~~98h–5).

(4)

Foreign adversary— The term foreign adversary has the meaning given such term in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)).

(5)

Major end item— The term major end item means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.

Sec. 837 Ensuring consideration of the national security impacts of uranium as a critical mineral

added

(a)

added In general— The Secretary of Defense, in coordination with the Secretary of Energy and the Secretary of Commerce, shall conduct an assessment of the effect on national security that would result from uranium ceasing to be designated as a critical mineral by the Secretary of the Interior under section 7002(c) of the Energy Act of 2020 (Public Law 116–260; 30 U.S.C. 1606(c)).

(b)

added Report— The Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment conducted under subsection (a), including—

(1)

added the effects of the loss of domestic uranium production on—

(A)

added Federal national security programs, including any existing and potential future uses of unobligated uranium originating from domestic sources; and

(B)

added the energy security of the United States;

(2)

added a description of the extent of the reliance of the United States on imports of uranium from foreign sources, including from state-owned entities, to supply fuel for commercial reactors; and

(3)

added the effects of such reliance and other factors on the domestic production, conversion, fabrication, and enrichment of uranium.

(c)

added Uranium critical mineral designation change restricted— Notwithstanding section 7002(c) of the Energy Act of 2020 (Public Law 116–260; 30 U.S.C. 1606(c)), until the submission of the report required under subsection (b), the designation of uranium as a critical mineral pursuant to such section may not be altered or eliminated.

Sec. 838 Statement of policy and determination related to covered optical transmission equipment or services

added

(a)

added Statement of policy— It is the policy of the United States that covered optical transmission equipment or services is a critical component of the United States information and communications technology supply chain, and the Department of Defense should procure covered optical transmission equipment or services from trusted manufacturers and suppliers for use in communications networks.

(b)

added Determination related to covered optical transmission equipment or services—

(1)

added Proceeding— Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall commence a process to make a determination whether a proposed procurement of covered optical transmission equipment or services that is manufactured, produced, or distributed by an entity owned, controlled, or supported by the People’s Republic of China poses an unacceptable risk to the national security of the United States.

(2)

added Communication of determination— If the Secretary determines pursuant to paragraph (1) that a proposed procurement of covered optical transmission equipment or services poses an unacceptable risk, the Secretary shall immediately publish that determination in the Federal Register and submit that determination to the relevant Federal agencies, including the Department of Commerce and the Federal Communications Commission.

(c)

added Commercial networks—

(1)

added Study required— If the Secretary of Defense makes a determination under subsection (b) that a proposed procurement of covered optical transmission equipment or services poses an unacceptable risk to the national security of the United States, the Federal Communications Commission shall—

(A)

added within 90 days after receipt of such determination, complete a study to determine the extent to which such covered optical transmission equipment or services is present in commercial communications networks in the United States; and

(B)

added submit to Congress a report on the study conducted under subparagraph (A).

(2)

added Covered communications equipment or services list— If the requirements for placement on the covered communications equipment or services list under section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) are met, the Federal Communications Commission shall place such covered optical transmission equipment or services on such list, but the prohibition in section 3(a)(1)(B) of such Act (47 U.S.C. 1602(a)(1)(B)) shall not take effect until the date that is 1 year after the Commission places such covered optical transmission equipment or services on such list.

(3)

added Reimbursement— Any covered optical transmission equipment or services placed on the covered communications equipment or services list described in paragraph (2) shall not be eligible for reimbursement under the Secure and Trusted Communications Networks Reimbursement Program established under section 4 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1603) until the date that is 1 year after the Commission places such covered optical transmission equipment or services on such list.

(d)

added Covered optical transmission equipment or services defined— In this section, the term “covered optical transmission equipment or services” means—

(1)

added optical transmission equipment, including optical fiber and cable, that is capable of routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment transmits or handles; or

(2)

added services that use such equipment.

Sec. 839 Supply of synthetic graphite for the Department of Defense

added

added The Secretary of Defense—

(1)

added shall deem synthetic graphite material to be a strategic and critical material for defense, industrial, and civilian needs; and

(2)

added to the maximum extent practicable, shall acquire synthetic graphite material in the following order of preference:

(A)

added First, from sources domestically owned and produced within the United States.

(B)

added Second, from sources located within the United States or the national technology and industrial base (as defined in section 2500 of title 10, United States Code).

(C)

added Third, from other sources as appropriate.

Sec. 846 Support for industry participation in global standards organizations

(a)

Definition— In this section:

(1)

Administrator— The term Administrator means the Administrator of the Small Business Administration.

(2)

Appropriate congressional committees— The term appropriate congressional committees means the following:

(A)

The Committee on Science, Space, and Technology of the House of Representatives.

(B)

The Committee on Commerce, Science, and Transportation of the Senate.

(C)

The Committee on Energy and Commerce of the House of Representatives.

(D)

The Committee on Energy and Natural Resources of the Senate.

(E)

The Committee on Small Business of the House of Representatives.

(F)

The Committee on Small Business and Entrepreneurship of the Senate.

(3)

Artificial intelligence— The term artificial intelligence has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).

(4)

Covered entity— The term covered entity means a small business concern that is incorporated and maintains a primary place of business in the United States.

(5)

Small business concern— The term small business concern has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

(b)

Establishment— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to support participation by covered entities in meetings and proceedings of standards development organizations in the development of voluntary technical standards.

(c)

Activities— In carrying out the program established under subsection (a), the Administrator shall award competitive, merit-reviewed grants to covered entities to cover the reasonable costs, up to a specified ceiling, of participation of employees of those covered entities in meetings and proceedings of standards development organizations, including—

(1)

regularly attending meetings;

(2)

contributing expertise and research;

(3)

proposing new work items; and

(4)

volunteering for leadership roles such as a convener or editor.

(d)

Award criteria— The Administrator may only provide a grant under this section to a covered entity that—

(1)

changed demonstrates deep technical expertise in key emerging technologies and technical standards, including artificial intelligence and related ~~technologies;~~technologies (such as distributed ledger or cryptographic technologies);

(2)

commits personnel with such expertise to regular participation in global bodies responsible for developing standards for such technologies over the period of the grant;

(3)

agrees to participate in efforts to coordinate between the Federal Government and industry to ensure protection of national security interests in the setting of global standards so long as such standards are not dictated by the Federal Government; and

(4)

provides a plan to the Administrator that details the relationship between the activities described in paragraphs (1), (2), and (3) and the proposed standards to be adopted.

(e)

No matching contribution— A recipient of an award under this section shall not be required to provide a matching contribution.

(f)

Evaluation—

(1)

In general— In making awards under this section, the Administrator shall coordinate with the Director of the National Institute of Standards and Technology, who shall provide support in the assessment of technical expertise in emerging technologies and standards setting needs.

(2)

Panel ranking— In carrying out the requirements under paragraph (1), the Administrator and the Director shall jointly establish a panel of experts to rank the proposed standards, based on merit and relevance, to be composed of experts from—

(A)

private industry;

(B)

non-profit institutions;

(C)

non-profit standards development organizations;

(D)

academia; and

(E)

the Federal Government.

(g)

Report— Not less than annually, the Administrator shall submit to the appropriate congressional committees a report on—

(1)

the efficacy of the program;

(2)

an explanation of any standard adopted as a result of the program;

(3)

any challenges faced in carrying out the program; and

(4)

proposed solutions to the challenges identified in paragraph (3).

Sec. 847 Pilot program on defense innovation open topics

added

(a)

added Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering, the Secretary of the Air Force, Secretary of the Army, and Secretary of the Navy, shall establish defense innovation open topic activities using the Small Business Innovation Research Program in order to—

(1)

added increase the transition of commercial technology to the Department of Defense;

(2)

added expand the small business nontraditional defense industrial base;

(3)

added increase commercialization derived from defense investments;

(4)

added increase diversity and participation among self-certified small-disadvantaged businesses, minority-owned businesses, and disabled veteran-owned businesses; and

(5)

added expand the ability for qualifying small businesses to propose technology solutions to meet defense needs.

(b)

added Frequency— The Department of Defense and Military Services shall conduct not less than one open topic announcement per fiscal year.

(c)

added Briefing— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the establishment of the program required by subsection (a).

(d)

added Termination— The pilot program authorized in subsection (a) shall terminate on October 1, 2025.

Sec. 848 Report on Cybersecurity Maturity Model Certification effects on small business

added

added Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Committee on Armed Services of the House of Representatives and the Committee on Small Business of the House of Representatives a report on the effects of the Cybersecurity Maturity Model Certification framework of the Department of Defense on small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632), including—

(1)

added the estimated costs of complying with each level of the framework;

(2)

added any decrease in the number of small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework; and

(3)

added an explanation of how the Department of Defense will mitigate the negative effects to small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework.

Sec. 853 Assuring integrity of overseas fuel supplies

(a)

In general— Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall—

(1)

ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and

(2)

require assurances that the offeror will comply with the requirements of subsections (b) and (c).

(b)

Requirement— An offeror for the supply of fuel for any overseas contingency operation shall—

(1)

certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and

(2)

furnish such records as are necessary to verify compliance with such anti-corruption statutes and regulations as the Secretary determines necessary, including—

(A)

changed the Foreign Corrupt Practices Act (15 U.S.C. ~~78dd-1~~ 78dd–1 et seq.);

(B)

the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the “International Traffic in Arms Regulations”);

(C)

the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the “Export Administration Regulations”); and

(D)

such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury.

(c)

Report required— Not more than 180 days after the award of a contract for the supply of fuel for any overseas contingency operation that is greater than $50,000,000, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report including—

(1)

an assessment of the price per gallon for such fuel, along with an assessment of the price per gallon for fuel paid by other entities in the same nation or region of the nation; and

(2)

an assessment of the ability of the contractor awarded such contract to comply with sanctions on Iran and monitor for violations of those sanctions.

(d)

Applicability— Subsections (a), (b), and (c) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

(e)

Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria for fuel procurement and fuel-related services— Section 813(c)(3) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is amended by inserting “, including fuel procurement and fuel-related services,” after “logistics services,”.

Sec. 855 Acquisition practices and policies assessment

(a)

In general— The Department of Defense Climate Working Group established pursuant to Executive Order 14008 (86 Fed. Reg. 7619, related to tackling the climate crisis), in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall assess and develop recommendations for implementing, in regulations, the acquisition practices and policies described in subsection (b) with respect to acquisitions by the Department of Defense.

(b)

Acquisition practices and policies— The practices and policies described in this subsection are—

(1)

changed acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including—

(A)

weighing the cost savings and resource and energy preservation of environmentally preferable goods or services against the speed and uniformity of traditional goods or services when identifying requirements or drafting the statement of work;

(B)

designing the technical specifications that set product performance levels to diminish greenhouse gas emissions;

(C)

restricting the statement of work or specifications to only environmentally preferable goods or services where the quality, availability, and price comparable to traditional goods or services;

(D)

changed engaging in public-private partnerships with private sector and nonprofit institutions to design, build, and fund resilient, low-carbon ~~infrastructure; and~~infrastructure;

(E)

changed collaborating with local jurisdictions surrounding military installations, with a focus on military installations located in States with established policies, guidance, and processes for procuring goods and services in a manner that minimizes environmental and social ~~costs;~~costs; and

(F)

added designing the technical specifications for assessment and mitigation of risk to supply chains from extreme weather and changes in environmental conditions;

(2)

changed source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including—

(A)

changed considering any ~~low-carbon~~ resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors;

(B)

using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency;

(C)

training acquisition professionals to evaluate the credibility of certifications and labels purporting to convey information about the environmental impact of a good or service; and

(D)

considering all the costs of a good or service that will be incurred throughout its lifetime by calculating and measuring operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon and other greenhouse gas emissions associated with the good or service; and

(3)

changed consideration of the external economic, environmental, and social effects arising over the entire life cycle of an acquisition when making acquisition planning and source ~~selectpagion~~ selection decisions.

(c)

Report— Not later than 180 days after the date of the enactment of this Act, the chair of the Department of Defense Climate Working Group shall submit to the congressional defense committees a report on the assessment conducted under subsection (a), which shall include the recommendations developed under such subsection.

(d)

Definitions— In this section:

(1)

Environmentally preferable— The term environmentally preferable, with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service.

(2)

Resource-efficient goods and services— The term resource-efficient goods and services means goods and services—

(A)

that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and

(B)

for which the negative environmental impacts across the full life cycle of such goods and services are minimized.

Sec. 856 Report on improvements to procurement technical assistance programs

added

added Not later than March 1, 2022, the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the status of the implementation of the following three recommendations set forth in the report of the Government Accountability Office titled “Procurement Technical Assistance Program: Opportunities Exist for DOD to Enhance Training and Collaboration” (GAO–21–287), dated March 31, 2021, to improve procurement technical assistance programs established under chapter 142 of title 10, United States Code:

(1)

added The Under Secretary of Defense for Acquisition and Sustainment should require procurement technical assistance centers to use the template developed by the Defense Logistics Agency to help track fulfillment of training requirements.

(2)

added The Under Secretary of Defense for Acquisition and Sustainment should reach an agreement with the Association of procurement technical assistance centers to provide the Defense Logistics Agency with the aggregate results of proficiency tests administered to measure the effectiveness of procurement technical assistance centers counselor training.

(3)

added The Under Secretary of Defense for Acquisition and Sustainment should work with Administrator of the Small Business Administration to formalize a collaborative agreement for procurement technical assistance centers and small business development centers (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) in relation to providing client services on government contracting.

Sec. 857 Report on commercial item determinations

added

(a)

added In general— Not later than 180 days after enactment of this Act, the Undersecretary for Acquisitions and Sustainment shall submit to the congressional defense committees a report on commercial item determinations containing the following:

(1)

added An accounting of the training available for the acquisition workforce related to commercial item determinations and price reasonableness determinations under Federal Acquisition Regulations Part 12, including a description of the training, duration, periodicity, whether the training is optional or mandatory, and the date on which the training materials were last substantially revised.

(2)

added An assessment of the currency of the acquisition workforce in the training described in paragraph (2).

(b)

added Publication— The Undersecretary for Acquisitions and Sustainment shall publish on an appropriate publicly available website of the Department of Defense the report required by subsection (a).

Sec. 858 Pilot program to transition digitally secured manufacturing technologies

added

(a)

added Program required— The Under Secretary of Defense for Research and Engineering shall carry out a pilot program to ensure the transition of digitally secured manufacturing technologies developed by a manufacturing innovation institute that is funded by the Department of Defense to covered defense contractors to promote the development of digitally secured manufacturing technologies to—

(1)

added enhance and secure the supply chain for such digitally secured manufacturing technologies for use in weapon systems; and

(2)

added ensure increased quality and decreased costs of such digitally secured manufacturing technologies.

(b)

added Partnership— Under the pilot program, the Under Secretary shall reimburse related costs to covered defense contractors to facilitate the transition of digitally secured manufacturing technologies from such manufacturing innovation institutes to such covered defense contractors.

(c)

added Annual report— Not later than 90 days after the last day of each fiscal year during which the pilot program is operational, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on participation in and the impact of the pilot program.

(d)

added Definitions— In this section:

(1)

added The term covered defense contractor means a contractor in the defense industrial base that—

(A)

added manufactures and delivers aircraft, ships, vehicles, weaponry, or electronic systems; or

(B)

added provides services, such as logistics or engineering support, to the Department of Defense.

(2)

added The term digitally secured manufacturing technology means an existing or experimental manufacturing technology determined by the Under Secretary of Defense for Research and Engineering to meet the needs of the Department of Defense.

(e)

added Termination— The pilot program established under this section shall terminate 3 years after the date of the enactment of this Act.

(f)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Manufacturing Technology Program, line 051 is hereby increased by $3,000,000.

(g)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for Office of the Secretary of Defense, line 540 is hereby reduced by $3,000,000.

Sec. 859 Briefing on expanded small unmanned aircraft systems capability

added

added The Secretary of Defense shall, not later than January 30, 2022, provide a briefing to the Committee on Armed Services of the House of Representatives on the evaluation of commercially available small unmanned aircraft systems (hereinafter referred to as “sUAS”) with capabilities that align with the Department’s priorities, including—

(1)

added the timing of the release of the updated list titled “Blue sUAS 2.0” of the Defense Innovation Unit that contains available fixed wing and multirotor commercial small unmanned aircraft systems compliant with section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and

(2)

added the advisability and feasibility of adding end-to-end sUAS solutions to such list, including the sUAS, supporting field management software, technical support, and training, all provided as an integrated collection and analysis capability.

Sec. 860 Waiver authorization streamlining

added

added Section 8(a)(21) of the Small Business Act (15 U.S.C. 637(a)(21)) is amended—

(1)

added in subparagraph (A), by striking “subparagraph (B)” and inserting “subparagraphs (B) and (F)”;

(2)

added in subparagraph (B)—

(A)

added by striking clause (iii); and

(B)

added by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively;

(3)

added by moving subparagraph (C) two ems to the left; and

(4)

added by adding at the end the following new subparagraph:

added “(F) In the event either a contract awarded pursuant to this subsection or ownership and control of a concern performing a contact awarded pursuant to this subsection will pass to another small business concern, the requirements of subparagraph (A) shall not apply if—

added “(i) the acquiring small business concern is a program participant; and

added “(ii) upon a request submitted prior to the passage of the contract or the actual relinquishment of ownership and control, as applicable, the Administrator (or the delegee of the Administrator) determines that the acquiring small business concern would otherwise be eligible to directly receive the award pursuant to this subsection.”

Sec. 861 Modifications to Governmentwide goals for small business concerns

added

added Section 15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended—

(1)

added in clause (i), by striking “23 percent” and inserting “25 percent”;

(2)

added in clause (ii), by striking “3 percent” and inserting “4 percent”;

(3)

added in clause (iii), by striking “3 percent” and inserting “4 percent”;

(4)

added in clause (iv), by striking “at not less than” and all that follows and inserting the following:

added “(I) 11 percent of the total value of all prime contract and subcontract awards for fiscal year 2022;

added “(II) 12 percent of the total value of all prime contract and subcontract awards for fiscal year 2023;

added “(III) 13 percent of the total value of all prime contract and subcontract awards for fiscal year 2024; and

added “(IV) 15 percent of the total value of all prime contract and subcontract awards for fiscal year 2025 and each fiscal year thereafter.”

(5)

added in clause (v), by striking “at not less than” and all that follows and inserting the following:

added “(I) 6 percent of the total value of all prime contract and subcontract awards for each of fiscal years 2022 and 2023; and

added “(II) 7 percent of the total value of all prime contract and subcontract awards for fiscal year 2024 and each fiscal year thereafter.”

Sec. 862 Duties of small business development center counselors

added

added Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

added “(o) Cyber strategy training for small business development centers

added “(1) Definitions—In this subsection—

added “(A) the term cyber strategy means resources and tactics to assist in planning for cybersecurity and defending against cyber risks and cyber attacks; and

added “(B) the term lead small business development center means a small business development center that has received a grant from the Administration.

added “(2) Certification program—The Administrator shall establish a cyber counseling certification program, or approve a similar existing program, to certify the employees of lead small business development centers to provide cyber planning assistance to small business concerns.

added “(3) Number of certified employees—The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing cyber planning assistance under this subsection is not fewer than the lesser of—

added “(A) 5; or

added “(B) 10 percent of the total number of employees of the lead small business development center.

added “(4) Consideration of Small Business Development Center Cyber Strategy—In carrying out this subsection, the Administrator, to the extent practicable, shall consider any cyber strategy methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2662).

added “(5) Reimbursement for certification

added “(A) In general—Subject to the availability of appropriations and subparagraph (B), the Administrator shall reimburse a lead small business development center for costs relating to the certification of an employee of the lead small business development center under the program established under paragraph (2).

added “(B) Limitation—The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.”

Sec. 863 Comptroller General report on mergers and acquisitions in the defense industrial base

added

added Not later than March 1, 2022, the Comptroller General of the United States shall submit to Congress a report on the impact of mergers and acquisitions of defense industrial base contractors on the procurement processes of the Department of Defense.

Sec. 864 Exemption of certain contracts awarded to small business concerns from category management requirements

added

(a)

added In general— The Small Business Act is amended—

(1)

added by redesignating section 49 as section 50; and

(2)

added by inserting after section 48 the following new section:

added “49. Exemption of certain contracts from category management requirements

added “(a) In general—A contract awarded under section 8(a), 8(m), 31, or 36 that is classified as tier 0—

added “(1) shall be exempt from the procedural requirements of any Federal rule or guidance on category management or successor strategies for contract consolidation; and

added “(2) shall not be included when measuring the attainment of any goal or benchmark established under any Federal rule or guidance on category management or successor strategies for contract consolidation.

added “(b) Prohibition—With respect to a requirement that was previously satisfied through a contract awarded under section 8(a), the head of a Federal agency shall not remove such requirement from a contract eligible for award under section 8(a) and include such requirement in a contract that is classified as tier 1, tier 2, or tier 3 without the Administrator’s approval.

added “(c) Definitions—In this section:

added “(1) Category management—The term category management has the meaning given by the Director of the Office of Management and Budget.

added “(2) Tier 0; tier 1; tier 2; tier 3—The terms tier 0, tier 1, tier 2, and tier 3 have the meanings given such terms, respectively, by the Director of the Office of Management and Budget with respect to the Spend Under Management tiered maturity model, or any successor model.”

(b)

added Application— Section 49 of the Small Business Act, as added by subsection (a), shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

Sec. 865 Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938

added

added The head of a Federal department or agency (as defined in section 102 of title 40, United States Code) shall initiate a debarment proceeding with respect to a person for whom information regarding four or more willful or repeated violation of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, and issued in the last four years, is included in the database established under subsection (a) of such section. The head of the department or agency shall use discretion in determining whether the debarment is temporary or permanent.

Sec. 866 Domestically sourced alternatives

added

added The Secretary of Defense should acquire domestically sourced alternatives to existing defense products for the design, development, and production of priority Department of Defense projects to include further developing high efficiency power conversion technology and manufacturing advanced AC-DC power converters that improve performance for the dismounted soldier.

Sec. 867 Report on duplicative information technology contracts

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on efforts within the Department of Defense to reduce duplicative information technology contracts.

Sec. 868 Reestablishment of commission on wartime contracting

added

(a)

added Short title— This section may be cited as the “Wartime Contracting Commission Reauthorization of 2021”.

(b)

added In general— There is hereby reestablished in the legislative branch under section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) the Commission on Wartime Contracting.

(c)

added Amendment to duties— Section 841(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 231) is amended to read as follows:

added “(1) General duties—The Commission shall study the following matters:

added “(A) Federal agency contracting funded by overseas contingency operations funds.

added “(B) Federal agency contracting for the logistical support of coalition forces operating under the authority of either the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) or the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note).

added “(C) Federal agency contracting for the performance of security functions in countries where coalition forces operate under the authority of either the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) or the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note).”

(d)

added Conforming amendments— Section 841 of the National of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended—

(1)

added in subsection (b)—

(A)

added in paragraph (1), by striking “the Committee on Oversight and Government Reform” each place it appears, and inserting “the Committee on Oversight and Reform”;

(B)

added in paragraph (2), by striking “of this Act” and inserting “of the Wartime Contracting Commission Reauthorization of 2021”; and

(C)

added in paragraph (4), by striking “was first established” each place it appears, and inserting “was reestablished by the Wartime Contracting Commission Reauthorization of 2021”; and

(2)

added in subsection (d)(1), by striking “On March 1, 2009” and inserting “Not later than one year after the date of enactment of the Wartime Contracting Commission Reauthorization of 2021”.

Sec. 869 Application of price evaluation preference for qualified HUBZone small business concerns to certain contracts

added

(a)

added In general— Section 31(c)(3) of the Small Business Act (15 U.S.C. 657a(c)(3)) is amended by adding at the end the following new subparagraph:

added “(E) Application to certain contracts—The requirements of subparagraph (A) shall apply to an unrestricted order issued under an unrestricted multiple award contract or the unrestricted portion of a contract that is partially set aside for competition restricted to small business concerns.”

(b)

added Rulemaking— Not later than 90 days after the date of the enactment of this section, the Administrator of the Small Business Administration shall revise any rule or guidance to implement the requirements of this section.

Sec. 870 Combating trafficking in persons

added

(a)

added Sense of Congress— It is the sense of Congress that the United States Government should have a zero tolerance policy for human trafficking, and it is of vital importance that Government contractors who engage in human trafficking be held accountable.

(b)

added Analysis Required— The Secretary of Defense shall review the recommendations contained in the report of the Comptroller General of the United States titled “Human Trafficking: DOD Should Address Weaknesses in Oversight of Contractors and Reporting of Investigations Related to Contracts” (dated August 2021; GAO–21–546) and develop the following:

(1)

added Policies and processes to ensure contracting officers of the Department of Defense be informed of their responsibilities relating to combating trafficking in persons and to ensure that such contracting officers are accurately and completely reporting trafficking in persons investigations.

(2)

added Policies and processes to specify—

(A)

added the offices and individuals within the Department that should be receiving and reporting on trafficking in persons incidents involving contractors;

(B)

added the elements of the Department and persons outside the Department that are responsible for reporting trafficking in persons investigations; and

(C)

added requirements relating to reporting such incident in the Federal Awardee Performance and Integrity Information System (or any other contractor performance rating system).

(3)

added Policies and processes to ensure that combating trafficking in persons monitoring is more effectively implemented through, among other things, reviewing and monitoring contractor compliance plans relating to combating trafficking in persons.

(4)

added Policies and processes to ensure the Secretary of Defense has accurate and complete information about compliance with acquisition-specific training requirements relating to combating trafficking in persons by contractors.

(5)

added A mechanism for ensuring completion of such training within 30 days after a contractor begins performance on a contract.

(6)

added An assessment of the resources and staff required to support oversight of combating trafficking in persons, including resources and staff to validate annual combating trafficking in persons self-assessments by elements of the Department.

(c)

added Interim brief— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees, the Committee on Oversight of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate on the preliminary findings of the analysis required by subsection (b).

(d)

added Report—

(1)

added In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Oversight of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate the analysis required by subsection (b).

(2)

added Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Sec. 871 Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns

added

added Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)).

Sec. 872 Microloan program; definitions

added

added Paragraph (11) of section 7(m) of the Small Business Act (15 U.S.C. 636(m)(11)) is amended—

(1)

added in clause (ii) of subparagraph (C), by striking “rural” and all that follows to the end of the clause and inserting “rural;”;

(2)

added in subparagraph (D), by striking the period at the end and inserting “; and”; and

(3)

added by adding at the end the following new subparagraph:

added “(E) the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.”

Sec. 873 Amendments to contracting authority for certain small business concerns

added

(a)

added Socially and economically disadvantaged small business concerns— Section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended—

(1)

added by striking “$7,000,000” and inserting “$10,000,000”; and

(2)

added by striking “$3,000,000” and inserting “$8,000,000”.

(b)

added Certain small business concerns owned and controlled by women— Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—

(1)

added in paragraph (7)(B)—

(A)

added in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B)

added in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”; and

(2)

added in paragraph (8)(B)—

(A)

added in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B)

added in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”.

(c)

added Qualified HUBZone small business concerns— Section 31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended—

(1)

added in subclause (I), by striking “$7,000,000” and inserting “$10,000,000”; and

(2)

added in subclause (II), by striking “$3,000,000” and inserting “$8,000,000”.

(d)

added Small business concerns owned and controlled by service-Disabled veterans— Section 36(c)(2)(A) of the Small Business Act (15 U.S.C. 657f) is amended—

(1)

added in subparagraph (A), by striking “$7,000,000” and inserting “$10,000,000”; and

(2)

added in subparagraph (B), by striking “$3,000,000” and inserting “$8,000,000”.

(e)

added Certain veteran-Owned concerns— Section 8127(c) of title 38, United States Code, is amended by striking “$5,000,000” and inserting “the dollar thresholds under section 36(c)(2)(A) of the Small Business Act”.

Sec. 874 Congressional oversight of private security contractor contracts and personnel

added

(a)

added Report on actions taken to implement Government Accountability Office recommendations— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments (as defined in section 101 of title 10, United States Code), shall submit to the congressional defense committees a report on the efforts and plans of the Department of Defense to implement the recommendations contained in the report of the Government Accountability Office titled “PRIVATE SECURITY CONTRACTORS: DOD Needs to Better Identify and Monitor Personnel and Contracts” (GAO–21–255), dated July 29, 2021.

(b)

added Form of submissions— The report required by subsection (a) shall, to the maximum extent possible, be submitted in unclassified form, but may contain a classified annex.

(c)

added Report contents— The report required by subsection (a) shall contain—

(1)

added a summary of the actions planned or taken by Department of Defense to implement the three recommendations in the report of the Government Accountability Office described in such subsection;

(2)

added a schedule for completing the implementation of each such recommendation, including specific milestones;

(3)

added a comprehensive list of—

(A)

added the specific contracted activities and services designated by the Department private security functions; and

(B)

added the private security contracts of the Department in effect at any time during fiscal year 2021;

(4)

added an explanation of how the Department plans to ensure that information pertaining to private security contracts and personnel can be uniquely identified in the databases of the Department used to record information on contracts and contractor personnel; and

(5)

added a summary of the data possessed by the Department on all private security contracts in effect as of the end of fiscal year 2021, including—

(A)

added the number of such contracts;

(B)

added the number of contractors for such contracts;

(C)

added the number of private security personnel performing private security functions under such contracts, including the number of such personnel who are armed and the number who are unarmed; and

(D)

added for all such private security personnel, job titles and primary duty stations under such contracts, including whether such individual is deployed inside or outside of the continental United States.

(d)

added Definitions— In this section:

(1)

added Private security contract— The term “private security contract” means a covered contract (as defined under section 159.3 of title 32, Code of Federal Regulations) under which private security functions are performed.

(2)

added Private security functions— The term “private security functions” has the meaning given such term under section 159.3 of title 32, Code of Federal Regulations.

(3)

added Private security personnel— The term “private security personnel” has the meaning given the term “PSC personnel” under section 159.3 of title 32, Code of Federal Regulations.

Sec. 875 Boots to Business Program

added

added Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following new subsection:

added “(h) Boots to Business Program

added “(1) Covered individual defined—In this subsection, the term covered individual means—

added “(A) a member of the Armed Forces, including the National Guard or Reserves;

added “(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;

added “(C) an individual who—

added “(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and

added “(ii) was discharged or released from such service under conditions other than dishonorable; and

added “(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).

added “(2) Establishment—Beginning on the first October 1 after the enactment of this subsection and for the subsequent 4 fiscal years, the Administrator shall carry out a program to be known as the “Boots to Business Program” to provide entrepreneurship training to covered individuals.

added “(3) Goals—The goals of the Boots to Business Program are to—

added “(A) provide assistance and in-depth training to covered individuals interested in business ownership; and

added “(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.

added “(4) Program components

added “(A) In general—The Boots to Business Program may include—

added “(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;

added “(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;

added “(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and

added “(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.

added “(B) Collaboration—The Administrator may—

added “(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and

added “(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).

added “(C) Use of resource partners

added “(i) In general—The Administrator shall—

added “(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and

added “(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.

added “(ii) Grant authority—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.

added “(D) Availability to Department of Defense—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.

added “(E) Availability to Veterans Affairs—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program which shall, at a minimum—

added “(i) describe the Boots to Business Program and the services provided; and

added “(ii) include eligibility requirements for participating in the Boots to Business Program.

added “(5) Report—Not later than 180 days after the date of the enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—

added “(A) information regarding grants awarded under paragraph (4)(C);

added “(B) the total cost of the Boots to Business Program;

added “(C) the number of program participants using each component of the Boots to Business Program;

added “(D) the completion rates for each component of the Boots to Business Program;

added “(E) to the extent possible—

added “(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;

added “(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;

added “(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;

added “(iv) the number of jobs created with assistance under the Boots to Business Program;

added “(v) the number of referrals to other resources and programs of the Administration;

added “(vi) the number of program participants receiving financial assistance under loan programs of the Administration;

added “(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and

added “(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;

added “(F) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;

added “(G) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;

added “(H) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;

added “(I) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and

added “(J) any additional information the Administrator determines necessary.”

Sec. 876 Protests and appeals relating to eligibility of business concerns

added

added Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is amended—

(1)

added by redesignating paragraph (4) as paragraph (5); and

(2)

added by inserting after paragraph (3) the following new paragraph:

added “(4) Determinations regarding status of concerns

added “(A) In general—Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system).

added “(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.

added “(C) Notification—A concern required to make an update described under subparagraph (A) shall notify any contracting officers for which such concern has an offer pending on a contract, of the determination made under subparagraph (A), if the concern, in good faith, finds that such determination impacts the eligibility of the concern to perform such a contract.”

Sec. 877 Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold

added

(a)

added In general— Section 1908(b)(2) of title 41, United States Code, is amended—

(1)

added in subparagraph (B), by striking “or” at the end;

(2)

added in subparagraph (C), by striking the period at the end and inserting “; or”; and

(3)

added by adding at the end the following new subparagraph:

added “(D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.”

(b)

added Technical amendment— Section 1908(d) of such title is amended by striking the period at the end.

Sec. 878 Child care resource guide

added

added The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1)

added by redesignating section 49 as section 50; and

(2)

added by inserting after section 48 the following new section:

added “49. Child care resource guide

added “(a) In general—Not later than 1 year after the date of the enactment of this section and not less frequently than every 5 years thereafter, the Administrator shall publish or update a resource guide, applicable to various business models as determined by the Administrator, for small business concerns operating as child care providers.

added “(b) Guidance on small business concern matters—The resource guide required under subsection (a) shall include guidance for such small business concerns related to—

added “(1) operations (including marketing and management planning);

added “(2) finances (including financial planning, financing, payroll, and insurance);

added “(3) compliance with relevant laws (including the Internal Revenue Code of 1986 and this Act);

added “(4) training and safety (including equipment and materials);

added “(5) quality (including eligibility for funding under the Child Care and Development Block Grant Act of 1990 as an eligible child care provider); and

added “(6) any other matters the Administrator determines appropriate.

added “(c) Consultation required—Before publication or update of the resource guide required under subsection (a), the Administrator shall consult with the following:

added “(1) The Secretary of Health and Human Services.

added “(2) Representatives from lead agencies designated under section 658D of the Child Care and Development Block Grant Act of 1990.

added “(3) Representatives from local or regional child care resource and referral organizations described in section 658E(c)(3)(B)(iii)(I) of the Child Care and Development Block Grant Act of 1990.

added “(4) Any other relevant entities as determined by the Administrator.

added “(d) Publication and dissemination required

added “(1) Publication—The Administrator shall publish the resource guide required under subsection (a) in English and in the 10 most commonly spoken languages, other than English, in the United States, which shall include Mandarin, Cantonese, Japanese, and Korean. The Administrator shall make each translation of the resource guide available on a publicly accessible website of the Administration.

added “(2) Distribution

added “(A) Administrator—The Administrator shall distribute the resource guide required under subsection (a) to offices within the Administration, including district offices, and to the persons consulted under subsection (c).

added “(B) Other entities—Women’s business centers (as described under section 29), small business development centers, chapters of the Service Corps of Retired Executives (established under section 8(b)(1)(B)), and Veteran Business Outreach Centers (as described under section 32) shall distribute to small business concerns operating as child care providers, sole proprietors operating as child care providers, and child care providers that have limited administrative capacity, as determined by the Administrator—

added “(i) the resource guide required under subsection (a); and

added “(ii) other resources available that the Administrator determines to be relevant.”

Sec. 879 Boots to Business Program